The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-05-13

some important particulars and they have not believed
that ii constitutes species of evidence 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 the proprety OF Legislation by Congress
upon this case when the facts shall have been
ascerained and proved the committee
bic to recommend the passing of the bill, but
report il to the Senate for their determinations
First the objection is started because the FIX
President had not petitioned or asked Tor me
money proposed TO be refunded, and that TO remit
the fine would be unusual in the proceedings oil the
Senate. He would reply TO this objection by asking
the committee, Who petoned for an allowance OF
money to General Harrisons family; That was the
first civil pension probably, that granted
by the Government to any Individual He had pre-
suIned that II was notorious matter that the hne
was inflicted. The circumstances well
known that no 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 prove this fact and he asked whether any
gentleman would require better evidence than Gen.
Jackson HIMSELF He 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 II, but that II 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 wouid
be whether there was precedent for cases oil ths
II gentlemen desired precedents he could fur-
nish them by dozens but it was useless mus To con-
the time of the Senate because gentlemen knew
| that there presidents If they did not know,
he could furnish them with precedents II would be an
act of supererogation for him to go INTO history OF
General Jackson, for it was perfectly well known II
any gentleman wished for any further testimony, no
would be happy 10 pre- EMIT.
Mr. BERRIEN said that as member of the Ju-
dietary Committee he felt il be his duty to defend
Tho In Tho mia he
with every disposition to acknowledge the distinguish
| ed services Of General Jackson at this time, when
the claim was presented to the American Congress
for the payment Of the money out of the public rea-
sury the subject be decided on rules OF general
and universal application. This claim was referred
to the Committee the Judiciary-for what pur-
pose To ascertain whether, on legal grounds, ~
was competent for Congress to remit the fine mat
committee was instituted for the purpose OF nqurlng
I into the principles of law applicable to subjects
which might be referred to it ; and, in the examina,
ton of this claim, they find that 1t 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, was
distinct question from that now under consldera-
| ton. 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
cessarily forced itself on the attention OF Congress
and the ground which the application ana ie-
gislation were based. But here was transaction oil
| some five six and twenty years standing; and he
begged leave to ask what grounds 1t was possible
| for the committee to recommend the passage OF the
bill any legal principles, in the absence OF an te
tmony. 1t said that no man acquainted WIN
the history Of the country could be ignorant oil tle
| fact that the fine was imposed and paid, The Com
mittee would have been perfectly willing to take no
tice of the fact that the fine was mposed but under
what circumstances 1t was somewhat dhcu TO ascer-
tain the statements contradictory and the COM
mittee objected appropratng money out of the pub
lie Treasury rumor or general notorlety Ihey
had abstained from expressing any opinion as to the
merits of the claim and had found themselves UNI
able to recommend the passage OF the bill, because
1 there was no evidence before them. lie therefore
confined himself to the observation that in the ab-
sence of all testimony before the committee on
| which they could legally act, they could make no
other report than that which they had submitted to
the Senate.
! Mr.. WALKER, as member of the Judiciary
Committee, objected to the report in every paricu-
/ lar and he astonished that any gentleman had
the heart to refuse to refund tue fine imposed upon
Gen. Jackson fit was unustly imposed and extracted
from the pocket of that patriot for doing act for
which he deserved not the punishment inflicted by the
court, but the thanks of the whole country. Was
the fine never to be refunded unless he forward
like heggar with hat hand, going round with his
petition members of Congress asking that conlrl-
button be made 10 him from the National Treasury
fthis the condition which this act of justice
was to be performed, il would be complied WITH
for he would venture the assertion that General Jack
son never would approach this any other body to
beseech them to refund to him the fine unjusty i'm
posed upon hlm
/ Mr.. BENTON submitted a few remarks in favor
of the bill and conclusion he referred to letter
which his colleague (Mr Linn) had received from
General Jackson, in which allusion made to the
fine imposed upon him by Judge Hall as constituting
the only the records of the country
/ against him, and which he wished to erased
before his eyes were closed upon the scenes of this
| life
| Mr. CRITTENDEN opposed the bill, on grounds
similar to hose advanced by the Senator from Georgia
Mr.. KING recapituated the circumstances under
which the fine imposed, and contended that
they ought to refund it as act of justice to an old
hero now the brink of the grave, if he had not
already passed away from this life, and not with any
vain attempt add to the lourels that adorned his
brow.
4 Messrs. BUCHANAN, PRESTON, WOODBU-
RY, and others, advocated the passage of the bill
and at the conclusion of the debate it informally
passed over
Mr.. TALLMADGE Mr. President think that
we have had 'glory enough for one day. and there
fore move that the Senate do adjourn.
The motion prevailed, and so the Senate adj
journed.