Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1843-02-04
REPORT OF MR.. WALKER,

REPORT OF MR.. WALKER,
From the minority Of The Committee on
the Jud ;ciary at tie q. S. Senate, up'n
the subject Of GENERAL JACKSON'S
FINE.
"rhc undersigned, one.of the Commit
tee on the Judiciary OF the Senate o.. the
United States, to whom was referred the
bill to indemnity MAJOR General Andrew
Jackson Tor damages sustained in the dis
charge Of his Official duty, dissents from
the views oil the majority Of the COM
mi,tee in this case. The bill referred 10
the committee contains no censure Of the
conduct or motives Of Judge Hall, nor
does it express any opinion AS to the acts
OF the citizens OF New Orleans. IL
leaves all those subject untouched, to de-
pend upon the judgment Of the present
age and oil pos,cri'y. The bill, should
it become q law, will be only an express
sion Of tho Legislative will, that, undcr
all the circumstances OF the case, the
money paid by Gen. Jackson i'll discharge
Of his fine, and now retained in the lrea
sury OF the United States, should be re-
funded. Such bill arraigns aud cen-
sures no one. But the report Of the
committee, by the clearest implication, in
the opinion OF the undersigned, does ar
ralgn the conduct OF General Jackson in
this case as subversive OF the ConStitu
ton OF the United States. The case does
not necessarily involve the power OF
military commander 10 establish martial
law within the limits OF this free repub-
lic." This question, however, having
been introduced by the committee, the
undersigned submits that, III time Of war.
aud OF inlnnen, public danger, i, may be
the duty Of the commander TO arrest
those regarded as traitors, spies. or mu,
tneers, Within the limits OF his camp;
especially in cases where 1t was obvious
to him ,ha, his refusal to exercise such
power would involve the disbanding OF
ms forces, the defeat Of his army, and
the surrender ct .hat army and OF the
country which he was bound 10 defend. -
The alternative, as he fully believed, was
10 make the arrest, or the Abandonment
OF his country's standard, and the sur
render OF one Of her greatest cities, to 9
powerful enemy, whose motto Of victory
involved indiscriminate plumber and H.
cen,ious outrage. Under such circum-
stances. should he make the arrest dad
save the country: 10 this question there
will BE- but Que response from the heart
Of every true American patriot. That
General jackson, aud those united with
him in the defence Of New Orleans, fully
believed this emergency to exist, is be-
yond oil doubt or controversy. u, then,
this was the state Of the case, It was the
duty Of General jackson. to have male
the arrest; and the act was. mot merely
excusable, but justitiable. Il was de-.
manded by gren, and overriding ncces.
sity: aud mad he failed to assume this
responsibility, and the consequences
which he anticipated had occurred, no
would have merited and received univcr.
sal execration. Such being the facts,
was General jackson bound TO l'berate
the prisoner, immediately upon the man.
date OF the Federal Judge Of that district
Ii. as Gen. Jackson believed, the danger
was sill imminent-that the Liberation
at that tim. Of the prisoner would over
throw his power, ind bring his authority
as commander into contemplated It
would surely produce repetition Of SINH
lar acts Of mutiny and treason, and de-
monstrate his inability to restrain, much
less to punish ,hem-,hal it would lead
to the depopula,ion or defeat OF his army,
and the surrender Of the city he was
bound to defend; The same ovelrullnSS ne.
cessity winch justified tho ur,est, would
require the detention Of the prisoner
until the emergency had passed, and he
could DO SURRENDERED with safety into the
hands Of the civil authority. The law
which justified the act, was the great law
Of necessity; it was the law of selt-de,
fence. This great law Of necessity
defence Of self, Of home, and Of country
never was designed TO be .brogaled
by any statute, Of BY any constitution
This was The law which justified the ar
rest and de.sntion Of the prisoner; aud !!
however the act may now % assa'leo' y