The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-08-21
THE MADISONIAN.
THE CONTRAST.

Ter III opinion win those win whom he may be ceiieu
to but in the expression Of that difference he is
cautious not to infct pain, By any suggestion of i'm
purity Of purpose. When called upon to decide Off
cialy, he seeks to soften the censure which high
sense of duty may compel him TO cast upon the
duct of brother officer, by ascrbing it, if possible,
To the promptings of oyerarent zeal to the
country He believer in the doctrine that the end
always justies the means" Though the means may
have been illegal in netting out punishment to the
accused, he looks critically into his heart If all be
right there-f there be found secret pulses of am
bition, urkngs of sefnerest, the violated law is
indicated by the slightest punishment That men
have been found who, in their honest efforts in the
advancement of their country's welfare and honor,
have violated law, history attests. Gen. Jackson's
| Imprisonment of Judge Hall at New Orleans is an
instance. He had great object to obtain--having
obtained it, he, like good citizen and patriot, submit
ted to the judicial authorities Would have been
good defence before those authorities have contend
ed, in exemption Of all punishment, that though he
had violated the law he had saved city No. He
paid the fine without murmur, rich in the conscious
that he had performed his duty; and rich in the
pauds and gratitude Of his countrymen These re-
marks have been suggested by reference the course
pursued by Gen Harrison in the Senate of the United
States towards Gen Jackson whose conduct in regard
tohe execution of Arbuthnot and Ambrister, and to
tho taking possession of the Spanish posts the
subject of discussion in that body in 1919.
II will be recollected that Gen H. approved Of the
trial and execution of Arbuthnot, and his remarks
show that he differed in opinion with Gen. Jackson
in regard to the of Ambrster with sincere reuc
lance This subject is referred TO- not for the purpose
- ~ =
Gen. Jackson; but to show the kind bearing and
amiable department of one gallant soldier towards
other -
Mr.. Harrison called for division of the question
The trial, sentence, and execution of ATbuthnot
Were he said In his opinion, perfectly correct and
although he would not agree to censure any con-
cerned, when their motives were pure as he was
certain they on this occasion, especially when he
had no doubt that both men deserved death-yet be-
ing called upon to say whether the execution Of Am
brister right wrong, he differed in opinion
from General Jackson, to his powers the court
he was obliged to say that il was wrong. II an
honest difference of opinion, he said, and in
tended TO convey any censure upon that officer.
But our principal purpose was to call the attention
of the reader to an extract from his main speecha
speech worthy the admiration of the scholar, the pa
trio and the soldier We give it in contrast with the
letter of Gen Jackson recently written and published
the military reputation of Gen Harrison in the cs
nation of his countrymen.
Look upon this picture drawn by a master hand
of daring and devoted cheftain who had, in his
patriotic enthusiasm increase his countrys fame and
prosperity in the opinion of the artist oversteppcd the
bounds Of law.
Mr.. Chairman, ii is always matter of delcacy to
examine the motives OF the conduct OF an individual
4 q H,,,t hN,.v tLos. s,N .,.ha
examination is not only proper Tor thorough under
standing of the case but it matter OF justice
10 General Jackson and particularly it relates to the
charge of disobedience OF orders.
military officer is frequently in situations OF great
delcacy and danger arising from the severity OF the
general principles Of duty and the underlined nature
of those articles of war, he finds which claims
from him, in matters of duty, unlimited obedience to
his supcrors and he looks in vain for exception to
shelter him from the death disgrace which is the
consequence of his neglect. Exceptions are however
admitted to exist in which dsobedience may not only
meet with impunity but become imperous duty,
and from the consequences attending it, obtain for him
the highest rewards from his country. Singular as
may appear, serve long In an army with
being called upon to decide between plain written
positive law, denouncing the severes punishment for
dsobedence and the unwritten underlined exceptions
which he is left to discover by his sagacity 1t is
a case full Of difficulty and danger. The prudent
cautious man pursues the broad track of ordinary
rules adherng to the letter of his instructions, avoid
i
principal object The more generous and enthusiastic
| spirit will frequently do that which the prn
cples Of duty will not authorize, and rest his ustca
ton upon the purity of his motives These however he
is fully aware will not always shield him, and indeed
such is the necessary rigor ofmaral law that his usti
cation must rest almost exclusively upon the result of
the he pursues 1t will be in vain for Gene
raj who commands the wing of army, and loses a
battle by disobcdience OF orders TO shelter himself
under the correctness of his intentions. He must
show that the thing he did right, and the best
evidence of its being right is the that attends
it, Under this awful responsibility with the rgor of
the law hanging over his head, every military man
may only disobey order but in particular situa
tons, he may do things which, in common cases he
would shudder but TO think of If, for instance the
second in command at West Point, when Arnold de-
signed to have surrendered il TO the enemy had salts
/ fled himself from the circumstances before him. that
treachery medtated by his commander, he should
have seized his person, and taken the command. But
the consequences flowing from such an example are
so awful that do not see, under any circumstances
how court martial could do otherwise than sentence
him TO suffer death, to sustain the rgor of discipline
| would do and pardon, honor and promote him
afterwards. II may be said, that person would, un
der such circumstances, run 50 great hazard an
swer that every good officer would do it, it is the
first principle of his profession TO regard person
al consequences, of any description in the perform
ance of his duty Sir, have no information to
the train of reasoning that led Gen Jackson to take
possession of the Spanish posts, but what is commu-
nicated TO every member of the committee but have
a clue to unravel them, in knowledge of the princi
pies which governed him in putting New Orleans I'M
der martial law in 1914. He well knew that he was
violating the laws of his country and that his usi-
cation would depend upon his success and that sue
cess he could not command although he might de-
serve it but he knew that the unfayorabe consequent
ces of the act he was about to commit would be per-
sona to himself and like true soldier he determined
to disregard them. Now, sir, am perfectly confident
that under the guidance of the principles, his
conduct in relation to Pensacola, is to be explained