Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1843-01-14
GEN. JACKSoN'S FINE.
FROM THE RICHMOND WING.


As the acting President of the United
States has thought fit, in gross violation of
all good sense, to travel out of the way,
and recommend to Congress the refunding
TO Gen. Jackson, the fine imposed by Judge
Hall; and the Legislature of Virginia, true
TO its vocation of iniermeddling with Fed
eral Affairs, has come forward to second
the recommendation, it will not be deemed
an unsuitable occasion to refresh the pub
lie recollection with brief statement of
the true facts of the case.
Most persons suppose that it was the
proclamation of Martial Law, about the
time of the battle Of the 9Th of January
that led TO the infection of the fine in ques-
ton; and assocating the fine with the en-
plnyment Of Military law, as one of the
means that helped to accomplish the splen-
did victory at New Orleans. they award
justification and immunity to the successful
Hero, not dreaming that the laurels which
were won on the Sih of January were
more than furnished by the violent and in
excusabe proceedings Of the Sd Of March
ensuing. Into this error. Mr.. Powell. the
mover of The resolution in the House Of
Delegates on this subject, has evidently fall
len. His resolution proposes 10 refund 10
Gen. jackson the amount of a fine shat
was imposed on him at the time of the at.
tack and defence of the City of New Or
leans. IN 1915" There is gross error in
, tins, and the facts are these:
Abnu, the Cd or 81 day of March, 1915,
a Mr.. L"uaIl er, member of the Sen.
ale of Louisiana, anmadverted in the
public prints upon the conduct of Gen.
Jackson, in exercising unnecessary rigor in
The enforcement If Martial Law. about the
time of the 9Th of January previous. For
this. he was instantly arrested BY order of
Gen. Jackson, and thrown into prison.
Application being made to Judge Hall
for writ of h"b'0s corpus, in behalf of
L"uaIlier, Judge Hall was also thrust into
prs n
A Mr.. Dick. the District Attorney, next
applied to Judge Lewis for writ of ha-
beas co'pus, TO release Judge Hall; where
upon, Gen. Jackson. with his characteristic
violence and contempt of law, imprisoned
Mr.. Dick.
And lastly. Judge Lewis. having granted
similar writ in favor of Mr. Dick. was
himself punished with incarceration Tins,
one Representative Of the People, one Dis
trIct Attorney. and Two Judges. were sue.
ce>sinly aIed. FIR these extraordinary
proceedings. Grn. J ckson was fined 81 900;
aud thus is the fine which the acting Pres
'den now asks Z ,ngress To remit.
may safely challenge the prnduciinn
from the civil history of modern times. of
in outrage to parallel this. In The first
place, representative of the people was
subjected 10 incarceration. for doing whar
every free white man in America has the
undnubIed right tn dO--fnr criiicising the
public conduct of a public functionarv.--I
An unmilioated Despo,sm would our Gov
eminent be indeed, if free citizen. and
that citizen Representative of the People.
dare not speak out against Tyranny.
lest the strong arm of military power
thrust him into dungeon!
Secondly: In taking upon himself to
Illustrate the great prerogative writ of ha-
beds corpus, he assumed a power which
even the Congress Of the United States
cannot exercise except under The EXTREMIST
restrictions. This writ is the great bar
rier inierposed by the wisdom of our Fa-
theirs, between the liberty of the citizen
and arbitrary power; for it is the proud
boast of every citizen of this happy Union
that there is no power or tribunal beneath
Heavens canopy, that can wrest for one mo-
ment from him, this egis of his rights, save
his Representatives in Congress assembled;
and that even they dare not do it, unless in
an emergency SO imminenlIy threatening
the public safety, as to require its suspen-
sion throughout the Union. Such are the
wise provisions of the constitution. No
human poper. but Congress, can suspend
the writ of habeas corpus and even Con-
greSs cannot touch the sacred privilege, un
less in time of pressing invasion or REBEL
ion, when an overriding necessity shall de-
mand the suspension of it throughout the
Republican extremity which, most prob
ably, will never occur. Yet, what Congress
dare not do, Gen. jackson did no, scruple
to perpetrate, under circumstances invuIv-
ing peculiar ennrmiry!
Thirdly: There was not, in these cases.
the slightest necessIty-not the remotest
pretrxl for these lawless proceedings, save
The qualification Of the bad temper of
violent, arbitrary, and vindictive man.
The tyrancal and outrageous conduct that
caused the imposition of the fine, did moi
transpire until nearly two months after the
battle Of The sih of January, to.wit: on
the Sd day Of March. 1915. All danger
had vanished-a well founded rumor had