Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-28

III
the purpose OF projecting manufacturers, ana Tue"
those duties are refunded 10 the principal consumers
It becomes directly and clearly bocnty ei'ief 70 'a
nufaclrers to the particular interests VINO i.ceNe
the money IT, alleged by the politicians the du'y IS
o,lv ono or revenue no class OF citizens can sci up IN
,s;;c, anv p,ea 10 be exempt from paying their pro
portion Under what shadow OF justice does one class
Of persons propose be exempt from taxes which they
recommend to all others The different interests are
led into these absurd contradictions and patching up
schemes because principle is abandoned in the first in
stance If the Government did lis duty and declined
10 interfere in the commercial transactions OF indvi.
duas or interests in any shape, this eternal dsquet,
change, and uncertainty, would be avoided.
CONGRESS
W,sinSGroS, Jan. 2i.-ln The House, Mr.. Bots
made demonstration against General Jackson, and
nveiched against the restoration OF the money which
the Government of the United States converted 10 its
own USE under the sentence of Judge as just penalty
upon the defender of the country, for the employment
Of means which the nation acknowledges were essen.
la to success SIR Bolts read Blackstone, to show the
law under which The Judge had authority 10 punish
the Gene al for q contempt in refusing 10 obey the
writ issued by his order Mr.. C. J. lngersoll asked
Mr. Bolts how The law Of Blackstone became the law
of Louisiana. Mr. Bolts replied, tina! It became so in
the same way that it became the law of this District.
This n unfortunate assumption Of Mr.. Bolts
The laws Of this District The laws Of the States Of
| Virginia and Maryland, Of which II composed
| The laws Of Virginia prevail IN the District on the
Southsiac Of the Po:ouac-:ke laws cf MARYLAND on
the North side. And so the municipal laws Of cverr
STATE in the Union are adopted ly Congress the law
under which the Courts Of the United States are TO ad.
Indicate. These State laws the laws of the United
states, with such notifications the legislation of
/ Congress may superadd. 81, in Louisiana, the State
code the code which Judge Hall bound to ad
minister. That code entirely foreign TO the Eng
llsh common law which Mr.. Bot;s quoted from Black.
which, although adopted in several Of the States
| has never been recognised a. las in louisiana Nei.
,;e the forms, the principles nor the sanctions Of
| The common w known 10, acted on, by the
Louisiana courts. The law Of this Stale has lis origin
III the civil or Roman CODE which belonged Spain
aud France, by which il co!onZad 1t brought
with it into the Union the system uader which
the State had grown up: and the civil code still
exists the law OF the State, except those points
! in which il has been since modified by the lrris
llon Of The State Of Congress. There has been no
adoption u! the Eng!s! common law, OF Black s
commentary, by The State Naliona! Government;
and there is not the slightest prctcxt color Of euiho
fy Tor the Judicial sentence visited by Judge Hall on
CT Jackson, in the British doctrine, which Mr. Bolts
very truly no doubD considers the Judge TO have held
for his warrant The usurpaon Of the Judge consisted
arfngatng 10 hinsel the oppressive enlargement OF
their power by the British tribunals, 10 punish for
contempt acts not done in the presence of the court
JI6ge Hall had no right 10 coDsrue act (Which if
against law, was punishable by the laws OF louisiana
as modified by the Constitution and LEGISLATION of the
State and Union, By jury, and all the sacred forms
nec!cd witt! that mode oil ria iato What the British
precedens make constructive contempt Of court; and
then proceed TO Try the offence committed against
himself, while sitting in his cause-blendlnE in
his person the functions OF both judge and Jury,
and arbitrarily fixing the penalty at his discretion
Bni Mr. Bolts undertook 10 contest the propre:y Of
restoring the money taken from General Jackson BIZ
tins Illegal, tytannca, and arbitrary act of Judge Hail.
under the pre.ext that that had already been re
funded to the General. To prove this, he quotes the
following pas age from an article in the last Demo
cca:,c Review, written ty Mr. Kendall. Mr. Ken.
dail's statement, read by Mr. Bolts, is this
40 parry the blow, far in their power,
The ladies of New OtIeops, by subscriptions limited to
dollar each, Immediately raised the amount and ten
dered 70 their protector. lie accepted the ihcs
molly offered not for himself, reimbursement
Of the unjust fine, hut FOR the widows and orphans who
had been made such in the defence Of the city: among
whom it accordingly distributed
is there anything III ali this which should make
members of Congress ttaacioas 10 retain in the
treasury The money thns wrongfully exacted' ,"
Now, If General Jackson had "acccpted the money
as stated by Mr.. kenda-not for himself but for The
widowE and orphans OF New OTeansi, could no; have
been n repayment ct the fine. II The citizens Of New
Orleans had gwen him ten times as much, as cratul.
ty-as mark OF favor to him, and Of disapprobatoa
towards the JuGge- would not have exoneraled The
Government Of The Union from the duty of refundng
! penalty which il was satisfied un)usty lodged in
is treasury; leaving behnd il, the judicial records
Il stain upon faithful public for a noble and
patriotic defence Of his country, saving from rapne
aud It's laws from being rodden under foot Bat the
truth is Mir. Kendall has mistaken the facts General
Jackson did accept farhng Of The contribution
raised by the ladies' Of New Orleans The true version
will be found IN the following minute statement,
taning the precise circumstances OF the transaction
They noted by Mr. Reid, the aid de camp Of Gen
Jackson, who prepared The materials for his Biography
afterwards put together by Major Eaton) the whole
of which passed under the eve of General Jackson,
when all the events were fresh in his and the
collection of the public Which had ample opportunity
Of deciding on their correctness Here then, are the
facts from history, not only vouched by the veracty of
the principal actor, but which We have doubt, can
be established By thousand partcipators now living
/ III New Orleans
! Er:rcc, from Eatoas Life Of JackSon page 422.
$50 rive!ed the impression that the Pur.
sued by the commanding general correct, and the
conduct of Judge Hall the result Of spleen than
any thing else, that the citizens of New Orleans de-
.ernned ward oil the effect Of this intended injury,
by discharging, themselves, the fine imposed Ii was
only necessary 10 bc thought Of, and it done So
Numerous the persons entertaining the same fee |.
incs on the subject, that IN short time the entire
was raised by voluntary contributions The General
Outstanding what was iii agitation, to spare his and
their feelings had despatched his d-de-camp to seek
TIE marshal; and thereby avoided the necessity of re
rusnc favor intended TO nc offered and which lie could
not have accepted Without however, any know ledge
Of his wishes, consulting nj all his feelings on the
subject they proceeded in the arrangement, ard By
subscription tie entire amount was, IN short time
rails I'd and deposited 10 his use in bank and notice
thereof given. But IT WAS yor ACCEPTED, though re
fused IN a manner the mos; delicate. In reply, he dc
cared the obligations felt Tor this renewed evidence 81
regard and ihongh he COULD Sor ACCEPT Of il, yet
ms it the result OF the NEST generous feelings, he
solicited that the amount. might be applied to the as
sisance and relief OF those whose relatives during the
siege had fallen in battle. The proposition made wa
accadHd 10 and the amount subscribed, and which hal
been designed expressly for his relief disposed
i, far no bpDp Of he n
Globe.
i (C0rrcspondcRce ,ciM Gen. Cass
HARmsRuEo, Jan Is, lS43.