Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-25

of explaining, 6rs that his opinions had undergone
no change since last summer; on the contrary, they
had been strengthened by subsequent investigation
into the facts and circumstances. Another point OF
xpIanntion in reference to General Jacksons let
ter to the Editor OF the Globe, in which he mir CO.
had been placed in the position of msrepresentng a
iact that Loua!ler had been tried by court martial
for n libel He had since cleared up these points, by
calling for copy of the record Of the court martial, in
which it appeared that one OF the charges before The
court martial agunst Lounllier was that OF writing and
publishing libel 10 ncite sedtion and mutiny. He
did not make this statement charge against Gen
Jackson but to show that at his age he could not rely
on his memory There had, in his opinion, been no
inconsiderable advantage gained by The discussion oil
this subject The authentic records both OF the proceed
inps of the court and of the court martial had been
placed in the archives of Congress, and would remain
| TO do Justice to all parties concerned IN them.
Mr. BUCHANAN had very few words 10 say. Ii
was with great reluctance he had twice voted against
an adjournment, while the Senator from New Jersey,
Nr Dayton,) desired TO address the Senate upon this
question He should not have done so, but for his
periec, knowledge, that no matter how the question
might be decided night, that gentleman would have
precisely the opportunity tomorrow and every
thing he had to say would be as relevant then as to
day. His desire was, after having spent 50 much time
upon this bill-looking the list Of ORDERS and
sdering that@fere but Ten days yet to eapse to
allow the bill 10 advance one stage at least before
they adjourned. Suppose the amendment OF the Judi.
cary COmmlee be aOOpteu-tHC ii'Suus VI Inc Uiii
would then oppose its PASSAGE Suppose it were mega.
tved-the question would come up on the third read
| ing Of the BILL and gentlemen would then have an OPP
portunity Of addressing the Senate he had no dis
position TO curtail debateiar from H. lie voted as
| he did only because he knew it would not deprive the
gentleman from New Jersey OF any privilege. He
had not taken up much time in debating this session
and he felt himself constrained TO say, that every
ment ought now TO be devoted TO finish The business
upon the calendar lie hoped, therefore, the vote
would now be taken
MIR. GRAHAM said he was always willing TO vote
for the indemnify in such form would leave untouch
ed the question of fact whether 1t was matter Of
duty with Gen. Jackson to declare martial law. He,
therefore in accordance with that wish, proposed to
amend the original text of the bill. He proposed to
adopt il with slight modification he would not do
any thing 10 impeach the character Of Gen. Jackson
and at the time, nothing that would cast IN i'm
putation on Judge Hall for his conduct the
sion alluded to- He proposed 10 avoid censure or i'm
putaton to either pariy) to strike from the original bill
the words "for official acts in that capacity, and to
insert The words ian alleg ed contempt of Court
as to make it bill to indemnify the fine of 81 ,0oO
for an alleged contempt of court lie proposed also
the proper time to amend The title SO as 10 make II
read, "a bill TO indemnify Major General Andrew
Jackson" which, il appeared to him, must be accepta
BILE 10 all sides of the Senate He then submitted the
amendment TO strike out the words "ocia acts that
capacity" from The original bill, and insert the words
San aegcd contempt of court THE amendment pre-.
A
by the Judiciary Committee.
| Mr. CONRAD was under the impression that when
report made from committee, proposing TO
amend bill, the usage Of the Senate had been first
10 take the question on the amendments OF the CON-
mtee.
The question was taken the amendment OF Mr.
Graham and agreed 10.
Mr. GRAHAM then said that when the question
came up on the title, he would move to amend it by
inserting the words he had Indicated for the words of
I,t.s Il ,tl AZ f0 opf he
bill 10 indemnify Major General Andrew Jackson.
The question then REQUIRED on the amendment Of
the commissioning the substitute as inserted above)
for the original bill; which question taken by yeas
and nays, and decided IN The negalve-yeas 10, nays
q, as follows:
Yeas-Messrs Archer, Barrow, Bates, Berrien, Clay
tom Conrad, Crafts Crittenden, Dayton, Evans, Hunt
ngion, Merrick, Miller, Morehead, Phelps and Smith
Of la.-16.
.vaus-Messrs Allen, Bagby, Bayard, Benton, Buc
hanan, Calhoun, Choa,e, Cuthbcrt, Fulton, Graham,
Henderson, King, Linn, McDufie, McRobers, Man
gum, Riyes, Sewer, Smith of CT, Sturgeon, Tappan,
Walker, Wilcox, Williams, Woodbury., Wright and
Young-21
Mr.. ARCHER moved to strike out the original bill,
and TO substitute in lis stead the bill which voted
down in the Senate at the last session. follows
"That there be RENTED and refunded 10 Gen. Andrew
Jackson out Of any money in the Treasury not other
appropriated, the amount of fine and cost imposed
upon him by the district of the United States for
court with interest at the rate Of six per cent per
mum; provided always that this act shall not be con-
strued expression Of the opinion of Congress upon
any judicial proceeding or legal question growing out of
the declaration nf martial law by Gen. Jackson during
the defence Of New Orleans"
Mir LINN demanded the yeas and nays on The amend
ment proposed which ordered.
Mr. BAYARD said he would vote now against the
amendment as he intended to vote against The bill in
any form for The restoration Of the fine
The question then taken, and decided in the ne
gative-yeas IL, nays 26, as follows:
Yeas-Messrs Archer, Barrow, Bates, Berrien, Clay
ton, Choate, Conrad Crafts Crtenden, Dayton, Evans,
Huntington, Merrck, Miller, Morehead, Phelps, and
Smith Of lndiana-l7
Nays-Mcssrs. Allen, Bagby Bayurd, Benton, Buch.
anan, Calhoun, Cuhbert, Fulton Graham, Henderson,
King, Linn, McDufie, McRoberts, Mangum, R,ves,
Sewer Smith Of Connecticut, Sturgeon, Tappan, Will
cox Walker, Williams, Woodbury., Wright and Young
&c.
The bill was then reported back 10 the Senate, and
he amendments of the committee Of the whole
concurred in and the question being, Shall the bill
be engrossed for third reading:
MIR. LINN demanded the yeas and Nays which were
ordered.
Mr.. ARCHER suggested 10 the Senator from Mis-.
souri, AIR. Linn to withdraw the call for the yeas and
nays, and let the vote The subject of the bill be
taken without He thought it would answer the pur-
pose of that Senator well to have the yeas and nays
taken on the passage Of The bill.
MIR. LINN yielded to the suggestion; and the bill
ordered TO be engrossed for third reading in the
following form:
Be it enacted by the Senate and House of Represcn
tareS ct the United States Of .4meyica IN Congress
assembled, That the proper accounting officers Of the
Treasury Department be, and they hereby direct
ed, to ascertain the amount of the penalty DANA
ges awarded by the District Judge Of the United States
al New Orleans in The year eighteen hundred and If
teen, against Major General Andrew Jackson, then
Commander IN, Chief of that District, for an alleged
contempt of Court, and paid by him at that Tim and
that The sum so paid, with interest at six per cent per
annum, be paid to Major General Andrew Jackson,
out Of any moneys in the Treasury not otherwise
propruted.
On motion by MIR. BERRlEN, the Senate then ad,
journed
Tuesday, Feb. 81, lo43.
IN SENATE.
The PRESIDENT pro TEN. laid before The Senate
communication from the President of the United
Staos transmitting report from the State Depart
IL