Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-03-02
Mr.. PEARCE's REPORT ON GENERAL
JACKSON'S FINE.

This report reviews the whole course o.
events at New Orleans, preceding and
succeeding the battle--the conduct oil
Gen. Jackson is noted at length-irre.
fragable proof is offered that Gen. Jack
son had all but official information of the
treaty of peace on the 9th Of March,
1915, though he assumed to enforce his
edict of martial law on the 18th of the
month, to imprison judges, to put at def.
ance the civil authority, and to set him
self up as military despot, whose will
was law. On these points the report is
full, and its conclusions unfavorable TO
Gen. Jackson's right TO do what he did,
are sustained by all the important decis
ions on the subject, and by power oil
argument that precludes an answer, as il
is unanswerable.
The report closes with the following
paragraphs -
'The conclusions to which the commit
tee have come are, that martial law was
declared at New Orleans by Gen. Jack.
son without law, and in violation TO the
Constitution Of the United States that
its continuance up to March Ia, 1915,
was not only unsanclioned by law, but
no. excusable by necessity ; that the ar
rest and imprisonment of Loualler for
publishing an article in the Louisiana
Courier, was violation Of that right OF
the citizen to discuss without fear the
conduct of those in power, which is in.
separable from the idea OF free people,
and the revival of the worst features OF
the sedtlon law that his trial by cour,
martial was IN violation of the laws of the
United States. and of the Safe of Louis
lana, which exempted him from all mill
tary services that his trial by the off.
GERS oil the regular army was in violation
of the law of the United States, which
required, If tried at all by court martial,
that it should be composed Of militia Off
GERS; that his detention after his acquit.
tai by the court martial was dangerous
and despotlc exercise Of power; that Gen.
Jackson's refusal TO obey the writ Of ha-
beas corpus, and his Imprisonment of the
judge, was a violation Of the most sacred
right of the citizen, of the express provis
ion Of the Constitution, and Of the judi
cial independence, and, together with his
seizure Of an original court paper, was a
contempt Of court for which he was just.
Iy and legally fined.
"The committee regret that they have
been forced into the investigation. They
would have much preferred that the friends
of Gen. Jackson had been contenied with
the imperishably glory won by his cour.
age and military skill, and the repeated
proofs OF national gratitude which he has
received. They were willing to bury in
oblivion the memory Of those transactions
on which they had been compelled to oni-
madvert. At the last session they con.
scented that bill should be submitted,
with such report from the minority of the
committee as they thought proper. Blu,
the claim for remission Of the fine has
row been placed on other grounds, and
the most unsound principles, as they
think, have been invoked to lis aid.--
The House too, with the bill before men,
toned on their calendar, have again re.
ferrej the subject to this committee, which
they consider as instructions tc examine
into the facts and principles of the case.
Under such circumstances, they would
have been recrean. TO their duty il they
had shrunk from the performance OF q
most disagreeable task"