Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-06-06
REMARKS OF MIR. PRESTON, OF S G..
On Mc snnc BILL

NI. PRESTON said he could not but regret That the
Senator from pennsy yana had attempted put the bib
the personal wishes Of General jackson, instead of ON
the br1ad and higher ground which 1t had heretofore
rested The measure mp 10 this time, has sormod to be-
presented 10 by the spontaneous feelings oi the
try, manifested to rs through the ordinary chnnucs OF
primary meetings o the people, or The State legislatures
and donbtIessmy fnead ram Missouri was induced to
introduce the bill, weIlby these manifestations Of rub
lie opinion, ms by the promptngs, in unison with them
oi hls own generous and grateful emotions prefer to
consider the measure rs originating III feelings OF this
general and generous character rather than IN any sup
posed wish Of General Jackson. am not Inso0sblc TO
strong sympathy with these feelings and they would be-
increased instead Of diminished by the belief that, al
though such measure would be- Tor the most obvious
and natural reasons acceptable 10 General jackson, it
has not been spn.ht r y him. urged upon Congress,
while his political friends held control in the public
councils. Certainly the passage Of the bill would be
agreeable 10 the gallant and heroic old not that it
will give hlIn so much monoy-lor am not aware thar
his worst enemies, Ia the most excited tines have
charged hun with soddnc5s nor, 1t seems, 10 ne,
clacng any spcek from the bright history Of his New
Orleans services; for the Judgmc of his country has
long since, In every form in which nations respect
gratitude, and admiration can be demonstrated been pro-
nonneed upon IT, lie has to be grallhod, and
his ambition has nothing further To ask. It's, Therefore.
not IN reference To his wishes that this measure propo
scd-not for his sake, but the sake of the country This
is the only true, the only honorable ground on which
may be put.
The Senator from Alabama alluded to the bill which
he (Mr p) had introduced TO refund the fine paid by DR..
Cooper. under the sedilon law, establishing the prn
cplo that Congress might refund, under certain cir
cumsances, money received into the Treasury under
judicial decision. Unqneslionably. The Senate has
decided that point, by the frequent passage Of that bill.
Congress has decided by the passage Of bill reundng
fine exaeted from Mathew Lyon, under the same law;
and III instances has paid back to officers OF
the army fines Gamages recovered from them for
acts performed for the bentft Of the country, their
official capacity In regard to the scdton law, the bill
preceded the concession that, by the universal and
notorious consent Of the whole country, the law I'M
constitutional and void and that it not fiji TO retain
from citizen money which had been paid under it,
Nor docs tins principle mpugn the power, propose to
supervise the lud gmont oil the court The judicial func
items the perfected and exhausted. having
been uninterrupted up to to their final consummaon-
The only question then presented to is. whether
shall keep money thus obtaned and in regard that,
the Government is in the same condition an ndvdu
al, WHO may retain refuse the damages assessed,
cordng to his sense of honor pruprlcy, policy. In
doing supervision Of the judgment Of the court
assumed much less censure upon coordinate depart
ment Of Government its administrators; and the pro-
Priety idng such ccrsure and supervision cons,i-