The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-05-14


So the motion was agreed to- nd the bill was then
read. 1t provides for the ascertanmen by the proper
accounting Officers and payment to Major General
Andrew Jackson of the amount OF the penalty or
damages awarded by the district judge Of the United
States at New Orleans in the year 1915 against Major
General Andrew Jackson. then committeeman
Of that district for official acts in that capacity, and
paid by him at that time, and for the payment to him
OF that SUN with interest at six per centum per
annum.
Mr. LINN remarked that the Committee on the
Judiciary, to whom the bill had been referred, had
made report against its passage. They say, The
claim is for the repayment to General Jackson of
sum Of money, with interest, received from him in
1915. II is not made by General Jackson, or by any
person appearing TO be authorized in his behalf and
the allowance of claim 80 presented, it is believed
would be without precedent, and would be itself an
unwise Ii is proposed moreover, TO repay sum
of money received by the United States many years
ago for fine, penalty, or damages, without any
evidence whatever show for what cause, or under
what circumstances the same was imposed, Inflicted,
awarded. The committee have been furnished
with evidence on which they undertake to de-
eide whether this money ought or ought not TO bers-
paid. They have no information on the subject ex-
cept from common report, which Is contradictory IN
some important particulars, and they have not believed
that 1t constitutes species OF evidence on which Con
gress would be authorized to make an appropriation
Of public money. Without therefore, in the absence
of all evidence the subject, intending to express
any opinion on the proprey of legislation ny Congress
upon this when the facts shall have been
ascertained and proved, the committee are una
BILE to recommend the passing Of the bill, but
report it to the Senate for their determination
First, the objection is started because the Ex-
President had not petitioned or asked Tor the
money proposed to be refunded, and that to remit
the fine would be unusual in the proceedings of the
Senate He would reply to this objection by asking
the committee, Who petitioned for an allowance OF
money to General Harrison's family? That was the
first civil pension probably, that was ever granted
by the Government to any individual he had pre-
sumed that it was notorious matter that the hne
was inflicted The circumstances were so well
known that one acquainted with the history OF his
country could for moment hesitate to believe that
the fine was inflicted The only doubt to clear up
was to ascertain whether General Jackson paid the
money; the next question would be to bring forward
testimony to prove this fact and he asked whether any
gentleman would require better evidence than Gen:
Jackson hmself' He was aware that Senators would
hesitate, legislators, and call for proof OF the tact
but they knew that the fine was imposed and PAID,
and paid by some one. 1t might, however, be said
that General Jackson did not pay it, but that 1t was
paid BY others If any gentleman wished proof on
this subject he could furnish it; but he DID not wish
to go into discussion of this matter. lie had the
words of General Jackson himself, independent OF
other testimony. The only point remaining would
be whether there was precedent for cases OF TINS
sort. If gentlemen desired precedents, he could fur
nsh them by dozens but it useless thus to con-
the time Of the Senate, because gentlemen knew
that there were precedents. If they did not know
he could furnish them with presidents. 1t would be an
act of supererogaton for him to 60 into history OF
General Jackson, for it was perfectly well known II
any gentleman wished for any further testimony, he
would be happy TO presentit.
Mr.. BERRIEN said that, a member Of the Ju-
dietary Committee, he felt it to be his duty to defend
the report. In the first place, he would remark that,
with every disposition to acknowledge the distinguish
ed services of General Jackson at this time, when
H. i. ,tDl %~f hn
for the payment Of the money out of the public Irea
sury the subject must be decided on rules OF general
and universal application This claim was referred
to the Committee on the Judiciary-for what pur-
pose' To ascertain whether, on legal grounds, it
was competent for Congress to remit the fine. That
committee was instituted for the purpose of inquirng
into the principles of law applicable to subjects
which might be referred to it and in the examine
ton of this claim, they find that it was not presented
by Gen. Jackson and he himself did not ask Congress
to refund to him the money. With regard to the
allowance to the family of General Harrison, 1t was
distinct question from that now under considers
t,on General Harrison was an officer OF the Gene
raj Government, and died at the Seat OF Govern
ment while in the discharge of his duties. This ne
cessary forced itself the attention of Congress,
and the ground on which the application and le-
gislation were based But here was transaction OF
some five six and twenty years standing; and he
begged leave to ask on what grounds it was possible
for the committee to recommend the passage OF tho
bill on any legal principles in the absence of all tes
timony. 1t was said that man acquainted with
the history of the country could be ignorant OF the
fact that the fine imposed and paid The Com
mittee would have been perfectly willing to take no.
tice of the fact that the fine imposed but under
what circumstances it somewhat difficult to ascer-
TAIN the statements contradictory; and the COM
mtee objected to appropratng money out OF the pub
lie Treasury on rumor general noOrety. They
had abstaned from expressing any opinion as to the
merits of the claim, and had found themselves I'M
able to recommend the passage OF the bill, because
there was no evidence before them. He therefore
confined himself to the observation that, In the alb
sence of all testimony before the committee, on
which they could legally act, they could make no
other report than that which they mad submitted 10
the Senate
Mr. WALKER, as a member Of the Judiciary
Committee, objected to the report in every particu-
lar; and he astonished that any gentleman had
the heart to refuse to refund tie fine imposed upon
Gen. Jackson Fitwas unjustly imposed and extracted
from the pocket of that patriot Tor doing an act for
which he deserved not the punishment inflicted by the
court, but the thanks of the whole country. Was
the fine never be refunded unless he came forward
like a beggar with hat in hand going round with his
petition TO members of Congress asking that contrl-
button be made to him from the National treasury
If this the condition which this act OF justice
was to be performed, it never would be complied with,
for he would venture the assertion that General Jack
son never would approach this any other body to
beseech them refund to him the fine unustly in-
posed upon him.
Mr.. BENTON submitted few remarks in favor
of the BILL and in conclusion he referred to a letter
which his colleague (Mr. Linn) had received from
General Jackson, in which allusion was made to the
fine imposed upon him by Judge Hall as constituting
the only censure the records of the country
against him, and which he wished to sec erased
before his eyes were closed upon the scenes OF this
life E
Mr. CRITTENDEN opposed the BILL on grounds
similar those advanced by the Senator from Georgia.
Mr. KING recapitulated the circumstances under
which the fine imposed, and commended that
they ought to refund it act of justice to old
hero now on the brink of the grave, if he had not
already passed away from this life and not with any
vain attempt to add the laurels that adorned his