The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-05-24
A LETTER FROM GENERAL JACKSON.

A 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
HERmIrAcE, March IA, 1912.
DEAR SIR: have the pleasure to acknowledge
the receipt of your letter Of the 28th February last
and hasten to reply to it.
g Having observed in the newspapers that you had
given notice of your intention to introduce bill to
refund to me the fine principal and nterest imposed
by Judge Hall, for the declaration of martial law at
New Orleans, it was my determination to address
you the subject but the feeble state OF my
health has heretofore prevented it. | felt that it
voluntary act of justice to my character and to
you that it places me under obligations which
| shall always acknowledge with gratitude
cit is not the amount of the fine that is important
to but it is the fact that was imposed Tor rea
sons which were not well founded and for the exer
else of an authority which was necessary to the sue
cessfu 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 Of the West. In this
point of view to that the country is inte-
rested in tie passage of the bill; for exigences like
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 it is in the power OF vindictve
Judge to impair his private fortune and place stain
upon his character which cannot be removed. l
would be the last man on earth to 40 any act winch
would nvadate 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 principle, or which, IL
properly understood was not necessary to preserve
"When declared martial law Judge Hall was
in the city, and he visited me often, when the pro-
priety of its declaration was discussed, and was
commended by the leading and patriotic citizens.
Judging from his actions, he appeared to approve It,
The morning the order was issued ne was in my
office, and when it was read, ne was heard to ex-
claim No,u, the country may be saOed lcathout IT, u
auas LOST" How he came afterwards to unite with
the treacherous and dsaected and, by the exercise
of his power endeavored to paralyze my exertions,
not necessary here to explain 1t was enough Tor
me to know, that If was excusabe IN the declara-
ton of martial law in order to defend the city when
the enemy besegng it, it was right to continue
it until all danger over. For full information 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 for con-
tempt of court This defence IS IN the appendix TO
Eaton's Life of Jackson
"There 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
been one of my aids-de-camp and was one one of my
counsel hearing request Major Reed to repair to
my quarters and bring the sum-not intending to
leave the room until the fine was paid, asked he
clerk if he would take his check. III Q clerk replied
in the affirmative and Mr.. Duncan gave the check.
then directed my aid to proceed forthwith, get the
money, and meet Mr.. Duncans check at the bank
and take it upwhch was done these are the facts,
and Major Davezac, now in the Assembly OF New
York, can verify them.
Il I inf mad ut
raise the amount to pay the fine and costs but when
heard of it. advised them to apply 1t to the relief
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 it.
Connected with the history Of this case, would
give you interesting facts, showing the motives
and feelings Of Judge Hall but am too feeble to
WRITE and | have no disposition now to revive
charges which can have effect upon the judgment
which posterty will form from the records Al
though the Judge violated my orders, and fled from
the defence of the city, and, in his proceedings
against me for contempt, committed plumbers which
extraordinary, ifnot criminal, it was not IN my
nature to brood over them after the brilliant close OF
the campaign; and hearing afterwards that he mani
tested contrition and repentance, cheerfully Tor
gave him.
"The Judges character, however, should be out
of the question in this at least have no de-
sire to assail it, The great point is this Ought not
Congress to interpose and return fine imposed, as
mine was for the performance OF an act which was
indispensable to the safety of the country And if
not will not the precedent prejudice the public inte-
rest in similar emergency, should one arise Can
it be expected that General will take high and
necessary responsibility for the safety OF his coun-
try, if he is nsulted, fined, or imprisoned by msta
ken or vndictive judge, whose fat under an errone-
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,
81 remain your friend,
ANDREW JACKSON.
i" Hon. l.. F. LINN"
NEW ROCKS AT ER NICK TAYIORlS