The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-05-24
4 LETTER FROM GENERAL JACKSON

The following letter was read in the United
States Senate last week and soon after, the
bill to refund the fine imposed on the old hero
Of New Orleans was defeated. We are sorry
for this We trust it will be introduced in
new form, and pass Unanimously:
HERMITAGE, March IA, 1912
DEAR SIR have the pleasure to acknowledge
the receipt of your letter OF the 2ot FEBRUARY iast
and hasten to reply to IT..
Z" Having observed in the newspapers that you mad
given notice of your intention to introduce a bill to
refund the fine principal and interest imposed
by Judge Hall, for the declaration OF martial law at
New Orleans, it was my determination to address
you on the subject; but the feeble state OF my
health has heretofore prevented it, | felt that II
was my duty to thank you for this dsinerested and
voluntary act of justice to my character, and TO
assure you that it places me under obligations which
shall always acknowledge with gratitude
1t is not the amount of the fine that is important
to me but ii is the fact that it imposed for rea-
sons which were not well founded and for the exer-
else of an authority which necessary to the sue
cessfl defence of New Orleans and without which,
it must be now obvious to all the world the British
would have been in possession, at the close OF the
war, of that great emporium 1T the west. In thls
point of view it seems to me that the country IS ne-
rested in tie passage OF the bill 'or eXigehcies IKE
those which existed at New Orleans may again
arise; and Commanding General ought not to be
deferred from taking The necessary responsibility by
the reflection that 1t Is In the power oil VlnulcuVe
Judge to impair his private fortune and place STAN
upon his character which cannot be removed.
would be the last man earth to do any act which
would lnvadate the principle that the military should
always be subjected to the civil power but contend
that at New Orleans no measure was taken by me
which was at war with this prlnciple or which, II
properly understood, was not necessary TO preserve
ssWhen | declared martial law, Judge Hall was
in the CITY, and he visited me often, when the pro-
priey of its declaration discussed, and was re-
commended by the leading and patriotic citizens.
Judging from his actions he appeared TO approve H.
The morning the order issued he was IN my
office and when it was read, he was heard to eX-
claim, No,c, the country may be saped: mthom u, u
ipas lost.n How he came afterwards to unite with
the treacherots and disafected and by the exercise
of his power, endeayored to parayze my exertions
it not necessary here to explain 1t was enough Tor
me to know, that if was excusable IN the declara-
ton of martial law in order to defend the city when
the enemy beseglng it, it was right to continue
it until all danger was over For luil ihormatoh on
this part of the subject refer you to my defence
under Judge Halls rule for me to appear and show
cause why an attachment should not issue Tor con-
tempt of court This defence is in the appendix to
Eaton's Life of Jackson
.eThere is no truth in the rumor which you notice,
that the fine he imposed was paid by Others Every
cent of it was paid by myself When the sentence
vas pronounced Mr.. Abner L. Duncan, (aho had
been one Of my aldsde-c camp and was one one OF my
COUNSEL hearing request Mayor Reed to repair to
my quarters and bring the sum-not intending 10
| leave the room until the fine was paid, asked he
clerk if he would take his check. III clerk replied
in the affirmative and Mr.. Duncan gave the check
/ then directed my aid to proceed forthwith, get ue
money, and meet MIR. Duncan's check at the bank
and take it up-whch was done; these are the facts
| and Major Dayezac, now IN the Assembly OF We"
| York can verify them.
g 1t is true as was informed that the ladies' did
raise the amount to pay the fine and costs oul "hen
| heard of it, advised them to apply It to the rellei
of the widows and orphans that had been made SO
/ by those who had fallen in defence OF the country
1t was so applied, as had every reason to believe
but Major Davezac can tell you more particularly
| what was done with 1t. -
Connected with the history of this easel you'd
give you some interesting facts showing the notlVes
and feelings of Judge Hall but ! am too eepie 10
write and | have no disposition now 70 revive
charges which can have no effect upon the Judgment
which posterity will form from the records. Al
though the Judge violated my orders, ana ned from
the defence of the city, and, in ms proceedings
against me for contempt committed plumbers Whch
we're extraordinary if not criminal, it was not in my
nature to brood them aites the prllaht cose OF
the campaign and hearing afterwards tnat ne mann
tested contrton and repeatence cheeriuiiy ior-
gave him.
oThe Judges character however, should be out
of the question in this at least nave no de-
sire to assa it. The great point is inns ought not
Congress to interpose and return ine imposed, as
mine was for the performance OF an act whlch was
INDISPENSABLE to lhe safety of the country And II
not, will not thu precedent prejudice the public lne-
rest in a similar emergency, should one arise Gan
it be expected that "a General will take high and
necessary responsibility for the safety OF ms coun'
try if he is insuted, fined, or imprisoned by msta
ken or vindctiye judge, whose fiat, under an CHROME
GUS view of what is due to the forms OF law, cannot
be changed by legislative power
Thanking you again. sir, for your generous sym
pathies,
; g remain your friend,
" ANDREW JACKSON.
Hon. L. F. LINN"