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 Jul ciary at the u. S. Senate, upon
tile subject Of GENERAL JACkSON'S
FINE.
"The undersigned, onesof the Commit
tee on the Judiciary OF the Senate OF the
United States, TO whom was referred The
bill to indemnify 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
mittee ia tins case. The bill referred to
the committee contains no censure Of the
conduct or motives OF Judge Hall, nor
does i, express any opinion as to the acts
OF the citizens OF New Orleans; 1t
leaves all those subject untouched, to de-
pend upon the judgment OF the present
age and OF posierily. The bill, should
il, become law, will be only all express
sion of the legislative will, that, under
ali the circumstances Of the case, the
money paid by Gen. Jackson i'll discharge
Of hrs fine, and now retained in the tteA
surv Of the Unitel States, should be re-
funded. Such u bill arraigns and CEN
sures no one. But the report Of the
committee, by the clearest implication, III
the opinion OF the undersigned, does ar.
ralgn the conduct OF General Jackson in
this case US subversive of the Constitu
ton Of the United States. The case does
not necessarily involve the power of a
military commander TO establish martial
law within the limits OF this free repub-
ilc." This question, however, having
been introduced by The COMMITTEES, the
undersigned submits that, in time OF wars
aud Of imminent public danger, it ntay be
the duty OF tho commander 10 arrest
those regarded rs traitors, spies, or mu-
tiueers, within tn. limits Of His camp;
especially in cases where it was obvious
to him that his refusal to exercise such
power would involve the disbandlmg OF
his forces, the defeat OF his army, and
the surrender OF that army and OF the
country which lie was bound to defend. ~
The alternative, as he tally believed, W As
10 make the arrest, or the abandonment
OF his country's standard, aud the sur
render Of one Of her greatest cities, 10 a
powerful enemy, whose motto OF victory
Involved indiscriminate plumber and IL
centious outrage. Under such clrcum-
stances, should he make the arrest and
save the country? 10 this question there
will be but one response from the heart
of every true American patriot. That
General Jackson, and those united with
him in the defence of New Orleans, fully
believed this emergency 70 exist, IS be-
yond all doubt or controversy. II, then,
this was the state Of the case, It was the
duty Of General Jackson to have male
the arrest, and the act was not merely
excusabe, bat justitiable. II was de-
manded by grea, and overriding neces.
sity: aud mad he failed to assume this
responsibility, and the consequences
which he anticipated hal occurred, nc
would have merited and received univer.
sal execration. Such being the facts,
was General Jackson bound TO liberate
the prisoner, Immediately Upon the man.
date Of the Federal Judge OF that district
IL, as Gen. jackson believed, the danger
was still immincnt-that the liberation
at that time Of the prisoner would over
throw his power, ind bring his authority
as commander in:o conlempt-that It
would surely produce repetition Of SINH
lar acts of mutny and treason, and De.
mons.rate his inability to restrain, much
less TO punish .hem-that i would lead
to the depopula,ion or defeat Of his army,
and the surrender Of the city he was
bound to defend; the same overriding ne.
ccssity winch justified tho arrest, would
require the detention Of the prisoner
until the emergency had passed, and he
could be 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 se'f,de.
fence. This great law Of necessity-oi
defence Of self, Of home, and Of country
never was designed TO be abrogated
BY any statute, Or BY any constitution
This was the law which justified the ar
rost and detention Of the prisoner; and
however the act may now BE- assaulted, i