Curious to know what people consider the difference between 'political prisoners' and 'prisoners of war'. Are they one and the same? I have assumed in the past that a 'political prisoner' is more of the civilian variety whereas 'prisoners of war' are regular army combatants. This could create an interesting conversation
@major bill .
Political prisoners are civilians who have been taken into custody usually after martial law has been declared, for alleged crimes against the government or who pose a threat to the government. One of the better known examples of a declaration of martial law and the arrest of civilians happened during the War of 1812.
On December 16, 1814, in expectation of an attack by British forces upon New Orleans, the commanding general of the American military in that city, Andrew Jackson, without the authorization of Congress or the President, declared martial law and suspended the privilege of the writ of habeas corpus:
"Major-General Andrew Jackson, commanding the Seventh United States military district, declares the city and environs of New Orleans under strict martial law, and orders that in future the following rules be rigidly enforced, viz. Every individual entering the city will report at the adjutant-general's office, and on failure to be arrested and held for examination.
"No person shall be permitted to leave the city without a permission in writing signed by the general or one of his staff.
"No vessels, boats or other crafts, will be permitted to leave New Orleans or Bayou St. John, without a passport in writing from the general or one of his staff, or the commander of the naval forces of the United States on this station.
"The street lamps shall be extinguished at the hour of nine at night, after which time persons of every description found in the streets, or not at their respective homes, without permission in writing, as aforesaid, and not having the counter-sign, shall be apprehended as spies and held for examination.
Robert Butler,
Adjutant-General.
December 16, 1814. "
The British eventually arrived and its army was defeated by Jackson's forces on January 8, 1815. By mid-February all remaining British forces had left the New Orleans area having received word that a treaty of peace had been signed between the two countries. With the British threat no longer a concern, citizens of the city expected Jackson to end martial law. The commanding general however refused until he had received official word from Washington that the Treaty of Ghent had been signed.
On March 3, 1815, Louis Louaillier a member of the Louisiana legislature and New Orleans resident, wrote an editorial in the
Louisiana Courier protesting the continuance of martial law and suspension of the Writ. In part Louaillier wrote that it was "high time the laws should resume their empire; that the citizens of this State should return to the full enjoyment of their rights; that, in acknowledging that we are indebted to General Jackson for the preservation of our city and the defeat of the British, we do not feel much inclined, through gratitude, to sacrifice any of our privileges, and, less than any other, that of expressing our opinion of the acts of his administration; that it is time the citizens accused of any crime should be rendered to then- natural judges, and cease to be brought before special or military tribunals, a kind of institution held in abhorrence, even in absolute governments; that, after having done enough for glory, the moment of moderation has arrived; and, finally, that the acts of authority which the invasion of our country and our safety may have rendered necessary are, since the evacuation of it by the enemy, no longer compatible with our dignity and our oath of making the Constitution respected."
Upon reading the editorial Jackson ordered the arrest of Louaillier and had him confined to a military barracks in the city. Louaillier's attorney, Pierre Morel went to Federal District Judge Dominick Hall and obtained a writ of habeas corpus. Upon learning of Judge Hall's issuance of the writ, Jackson ordered the judge arrested for aiding in mutiny of the army and had him lodged in the same barrack as Louaillier. On March 7, 1815 Jackson critic Louaillier was tried before a military tribunal and acquitted of the charges against him. Jackson disagreed with the tribunal's acquittal and refused to release Louaillier from confinement. On March 12, 1815, Jackson had Judge Hall escorted 4 miles outside of New Orleans and left to fend for himself. The following day Jackson received word from Washington that the peace treaty had been signed and he proclaimed an end to martial law and ordered Louaillier released. Judge Hall eventually made it back into the city and on March 22, 1815 he issued a summons for General Jackson's appearance before the court to answer why he should not be held in contempt for failing to obey the judge's issued Habeas Corpus writ. Jackson appeared before the judge and following subsequent appearances before the court, an agreement was reached where the general was fined $1000.00 which he paid.