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

refundng this fine he felt himself called upon to give
the reasons why he could not comply with the request
az the Legislature Having received that request, he
Eel. i, to be his duty look into all the facts connected
with the case and having done so he came TO the con.
clusion that he could with proprety vote for this
measure.
/ Mr. b then vent into review OF the transactions
of General Jackson nj New Orleans, from the time he
took the command there till after the treaty OF peace
was made known to him taking brief view OF The
arrest of Louallier and Judge Hall, and the proceed
mrs consequent thereon and in the course OF this part
of his remarks characterized the conduct of General
jackson the most despotc cruel and yTannics that
ever was penetrated in any country When Mr. Is.
spoke Of Gen Jackson sspplcalion 10 the Legislature 10
suspend The hsbeas corpus act, and his declaration Of
martial law
! Mr.. c. j. INGERSOLL inquired of the gentleman
If he had ever heard that the Legislature CT Louisiana
had shut up the courts OF justice /:
Mr. BUTTS said that he had not and though it
might be true that the Legislature did shut up the
of the State, they had no power to Shut up the
u. s. courts.
i After commenting on the facts he had stated, Mr.. B.
denied that General Jackson had the power 10 declare
martial Law, and TO substitute has own absolute will Tor
the laws Of The country He denied that he (the &C.
ncra had the right To constitute himself The supreme
Judge both in his camp, and over the civil tribunals
Of the land and to mpson judges, connseiiors, clerks
and in short, every officer connected with The ADM
nistration of Justice declaring his own despotc will
the supreme law of the land The gentleman from
, iItnnSyIVlnd, ". j.
not only denied the right of Judge Hall TO pass
,ence on General Jackson but claimed Tor him the right
of tria by Jury; and, to his (Nr b. - asonishnent
for he had great respect Tor the gentleman legal at
Observation-Disclosures the lawyers OF the House TO that
issue. lie (Mr. b read but one law book in HE
life and that was twenty years ago; and he would
mend that authority (Bluckstones Commeniaresl to
the gentleman notice, he would find in it an ample
refnlaton OF the opinions lie had given
/ [ticre MIR b. made long quotation from BLACK,
fltac act n Ia rnnv
After reading these long extracts from Blackstone,
he challenged the gentleman from Pennsylvan Mr..
C. j. Ingcrsol or any other lawyer on tina, floor, or
in this country, point TO instance in which con-
tempt had been punished BY jury-in which judge,
sitting in his court, when not in his court when
his process had been INSTRUCTED, tried such contempt
by jury.
!, MI c. j. INGERSOLL, in the course of some OBJ.
serrations which passed between him and MIR. Bolts,
inquired how the common law got into Louisiana.
Mr.. BOLTS replied, precisely as II got into the Dis
,rct of Columbia and everywhere else this country.
When Louisiana admitted into the UnIon the COM
mon law was necessarily introduced.
lie then continued 10 observe that the gentleman from
PENNSYLVANIA (Mr c. j. IngersoD had referred TO the
act of 1881 on the subject of conemps TO show that
there was authority for the adopted the
par, of Judge Hail. Now, the act of 1881 designed
to restrain the power of the courts these questions
of contempt. He read extract from that enactment
in confirmation of that position and said that that act al
though was intended TO curail TO limit and to restrain
the courts in the exercise of their high prerogaves in
cases of contempt, nevertheless authority in such
cases as this And that not on J the law of the
land, but right that it should be the law Of the
land for 10 deprive judges OF the power to punish for
contempt at TO break down the power of the
courts to administer justice and the laws of the land
Now, having shown what the facts of the case
having shown, he had done, conclusivey, that the
Judge had The power 10 inc, this, the mldes punish
ment in such case, he would proceed 10 show 10 the
4
made 10 refund tia; money For the information OF the
House, he would state iact-which was, perhaps not
known TO the members Of the House, generally, and
still less to the people of this country, and certainly not
known the State Legislatures which had instructed
their Senator's and requested their Representatives
aid in procuring the refunding Of that fine That fine
had been RENTED. That fine had been paid to Gene
raj Jackson. Every dollar of that money General
Jackson had received and the authority on which ne
made that statement, an article in the Democratic
Review, written by warm personal and political friend
of General Jackson, who had collected all his norma
ton from the public records and from private history
He alluded 10 Mr. Amos Kendall. The article
| long one, on the snhect Of General Jacksons fine,
from which he would read an extract lie then read
passage, the purpo!t Of which IVES understood TO be-
tina. subscription made at New Orleans to refund
the fine levied General Jackson-that it YVES pre-
scented TO, and accepted by, General Jackson-and, by
him, distributed amongst the widows and orphans of
that place.
The SPEAKER here announced that the morning
hour had expired.
Mr.. BARNARD, MIR. CUSHING, and others, beg.
gcd the House 10 allow the gentleman from Virg mia TO
go on, and occupy his whole hour, instead Of post,
ponng the residue of his speech until tomorrow This
was agreed to.
MIR Bolts resumed. Now, he called the atten
ton Of the House particularly TO the fact, that the
money was raised; that it was offered TO Cen Jack
son: and, in the language of this writer MIR. kenda
/ he money accepted, and distributed among
the widows aud orphans Of New Orleans Who could
distribute the money, after II had been accepted by
Gen. Jackson, bnt Gen. Jackson himself; Was 1t his
own money: Gould he distribute the money OF other
people among The widows and orphans Of New Or
leans: And 1t act of benefcence and CT bene.
violence for which Gen. Jackson got credit at the time
But they were asked land the gentlemen who
made the request were aided by the proesta.Ions Of
Gen Jackson, and by the entreotsa Gen Jacksono
10 refund what: The money he s3ia the public
treasury No 10 pay back the ~ be distributed
in charity to The widows and orphans New Orleans:
Where the authority for the distribution OF that
money, unless 1t was his own; And ft was his own
and he derived all The credit due TO the benevoence oil
the act, where the popriety Of asking that House
10 refund that money: The resu.; ofthe whole inquiry
had led him TO the conclusion that the attempt made,
and The manner in which it had been made, 10 procure
the passage Of bill refund that fine, had grown out
of what he had advered in the first portion OF his
reularks-that It was an attempt to purchase the po-
tca favor OF Gen jackson, notwithstanding General
Jackson had himself told them he would take the mo.
do all he did, and unless they would declare, either
expressly by implication that he had the power to
declare martial law; that he had the power 10 suspend
the writ of h0beas corpus: that he had the power to
imprsOn The Judge; and that he guless oil the
lasless acts arrayed against him. They called
upon to do all this, and thereby disgrace Judge Hail.
ana Ia do at period just before the nomination, by
national conventions, o candidates for the Presidency
from est the gentlemen who had been put PTon-
nenily forward They had witnessed the enthusiasm
OF the gentleman from massachusetts, (Nr Cushing0
whc, short time since, in such hot haste to
pass lh:s bill bat since the publication o. Gen. Jack
sons letter in the public prns, that gentleman had sal
placid and quiet lamb, without even attempt
ing 10 call up during the morning hour, or the e1-
preston of any anxiety on the subject And If that
letter had been published a, earlier PERIOD he doubt
ed whether the Legislatures Of Virginia and South
Carolina would have instructed their Senators
and requested their Repese natives 10 aid the passage
OF this bill 10 refund that fine
After few remarks on this bidding for the favor OF
Gen Jackson, and the preston of his conviction that