Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-01-30
TWENTY.SEyENTH CONGRESS-.
REMARKS or Mr.. BoTTs.
THIRD SESSION.


time that the would be forced through the
ifo-s without opportunity to speak being afforded q
those who dend from the gentleman from
tMf Csingl in his hasts this bi before t' eh OF
January lie Thought every have been struck with
the p.ensr, the time. and circumstances under
which thi. question brought to the consideration
Of the House snd twenty years tine was I'M
sd on Jackson by the Judicial ibnnaloi the eonh
iry for what regarded by the Judicial officer gross
eonisnp, Judicial authority; which decision had h~cn per-
tiiitsd sumber from that day the present. and was
nov Introduced under circumstances extraordinary,
proceeding did notirom the voice o the people, but
from the endaton, rather by IN" nsTuc
lions Of the Stste Legislatures Of the country in the form OF
instructions 10 their Senators and requests their Repre-
sentntvcs Immediately pass law RENTING the hne with
and charges. (Which this government did not arknow
Ledge itself under obligation pay 10 s most cainiant
Yeti, demanded by the State Legislatures for political
effect should undertake prove that this money be
refunded with and interest Let be borne IA mind,
said Mr. H. that this not only the hrsi Wing Congress
Tint had within these walls SINCE 1927, and that tho
friends Of Cen Jackson had had IL in their power during the
whole intermediate period to do what they demanded
m this Congress- bot also that this the last Congress
which would prior the meeting Of the Conventions at
which the Presidential candidates 10 he nominated;
and when tins subject brought TO mind would ap-
pear the satisfaction Of the House and the country that
the whole object Of ihs political movement was 10 purchase
the ct Gen. Jackson. had been Mr. BIS fortune
during all the political contests and conflicts IN which he
had engaged during his hric political career To have
e himself compelled speak in terms dcroga'o to that
distinguished lie did - do ON the pre-
He had hoped the necessity had passed when
he should he called mention his name IN public
again. and that his friends would have been guilty Of The
mprndrnce least, which they had been guilty. IN drag
ung this weak snpcrannuated old again into the
political arena In the review of his history. Mr. b. had
never been able to hut one bright spot There was
bright page Crn Jacksons history which he himself led
on as Mr. b. believed by the political enthusiasts acting
with him. about wipe out and that was his sub
mission the civil authority under circumstances To which
he should presently refer
Ills own State Legislature had entered into this political
conflict and bidding for the favor of Gen. Jackson and had
sent instructions their Senators and requests the
harS of
this nr and but for that circumstance he should have
obuded himself upon the notice OF this House. but should
have been content have given silent against tins
hill any and every form in which the ingenuity OF either
House could place it. But receiving this request he had
felt duty look into the and inquire into that
which the friends OF the measure seemed most sudous 10
nyoided that the Of the Ii they
To the published proceedings of the Legislature Of
his State inquiry had been made into them, and there
understanding OF the question: he had know
ledge the part Of that Legislature An investigation OF
the facts Of the had only vetrd his determination TO
against the bill.
Mr. b. then entered into a mewhat detailed
OF the historical facts OF the with there
on, which time permits barely be alluded here He
referred the fact OF Jacksons taking command of the
that part Of the country the I'd December; To his
recommendation the 18th December the Legislature
o Louisiana suspend the writ u habeas corpus and their
rejection OF the proposition; his proclamation OF martial
law the day. December Is thereby converting the
whole city Of New Orleans into military camp. nmpng
the civil authorities of the country assuming supreme
Grand coniroom down the OF the dsbandng
show, continued vt OF the aggravated
city and yrannCa oppression that the history
of the world could urnsh the fact that the 2sh De
cember, shortly alter having thus proclaimed martial law
vague and indefinite runner, the authority which
he had this day given, that the Legislature OF Lou
sana contemplated capuilation-of Gen Jackson's d.
recng inquiry into the truth thereof and, II proved
directing that they should be boWnDp the
the fact that the proving true of his marching
INTO the Legislative halls and turning the Legislature Of
doors; 10 the battle and victory OF Gen. Jackson the 9Th
January the departure from that section country
the British the 18th January the fact of Gen. Jack
sons addressing letter the 2st January the
~ OF War, in which IL declared that the had
made lis last eXertons IN that quarter during the present
season that the received Goth February by Mr.
Livingston, OF the ratification OF treaty Of peace
med on the t"enty-econd; hs this military cheitan hi-
wAwon veteran would not give up his military command,
hni that msttal law continued; tina, the twenty.
eighth OF February, Iack-e- i-----i
directing all the Frenrhmen nf New Orleans leave the
place and repair Baton Rouge hundred and twenty
miles distant their houses; the publication bv Nh
Louac distinguished member OF the Louisiana Senate
thu ID March, OF respectful against
injustice Ot that order; his consequent immediate
10y order OF General Jackson the 18th March, Sunday
1, the issuing by Judge Hail. district Judge OF United
States as his oath Of office mperativey required his hands
OF wit Of habeas corpus bring him before him,
certain the of his confinement and legality Of ms
detenton 10 the immediate detachment by General Jack.
the evening after the Of the issuing q
the wr Of haboas corpus had reached him, of file Of SOL
ier- aud the capture and Imprisonment of Judge HALL 10
Tie fact that Judge Hall only arrested and inpri-
slned but that Louae for the publication OF the remon.
STRANGE TO which he had adverted, -d BY court mar
tai for his life; that he planted himself before cour, ON
hs constitutional rights denied their authority and urisde
on refused 10 offer any defence and that the only
nv an relation TO him the part Of prosecution
snd that that establish cOncusively and beyond oil
doubt his loyalty and patriotism; that ne unanimously
acquitted by the but General Jackson dsapprovod the
sentence, and Louie in his publication OF the eedug
complains TINT he discharged upon HE acouitta
honorable had been but confined by order Of the
commandng General until about the 9th Of April then
only discharged by law Of general amnesty and
nous other attendant circumstances Of the case.
Mr. b. then proceeded. He asked the House and the
country, taking all the circumstances consideration II
ever there heaross unnecessary cruel op
preston practced in the history Of this Government and
civilized Government earth Fit he would ask where
dd Cen Jackson derive the power declare martial law
i conceded that Gen. Jackson had the power on
that OCCASION insugated by whatever they might
choose to asrbe 10 him. TO trsrnpe down the civil auho
Ilhrs oi the couutry-o substitute his will them
because he thought there necessity for it-on what
principle would they deny the right any other cap
tain or cie OF military force under any circumstances
Was he % be made the supreme Judge both NJ regarded
his military encampment and the tribunals Of the land biz
imprisonment at pleasure Of Judges counsel clerk and If
necessary OF alt connected with the administration Of JUS
tce ? -
The gentleman from Pennsylvania Mr. C. Ipgcr.,ll1
few days since, had only denied the night Of ndge
Hall IN this pass sentence on Gen Jackson for con
tempt and not only claimed for Cen Jackson the rght Of
tnal by Jury but 20 his astonishnen having entertained
the highest respect for the legal learning for the rars
knowledge of that gentleman courts Of this county
had challenged the lawyers Of this House show the a
thoriy for II, aud said that the example o Judge under
taxing To punish for contempt such this infinitely
more dangerous than the declaration Of any martial law that
ever had been or ever could be proclaimed Mr. T. had
never read but one law book and that tweny.one wear.
ago was the hrst aw book put into the hand. Of
students Of law and he would recommend the gentleman
from Pennsylvania, # he in earnest in the doctrine
he had attempted lay down before this House. hr youd
with oil due respect, recommend him this book which
he dare say the first the gentleman had readh,
meant Blackstones Commentare-
hlr n rg.IT q, ,t. /.
eHnoty covered he point he challenged the
ueman from Pennsylvania any other lawyer on the floor
or IN the country 90 point instance IN which
hao been punished by Iuryin which Judge sitting in
court or even when not IN court, When processes Of the
court had been obsuccd or iuterrupted-whcncvcr Ht
grant indigni;y contempt had been offered to court
~ which the trial had been by jury
Nc CWs. j. lNoLEsoLL here made remark to Mr.
BOTS, which was not heard by the Rcpprteri
ihe gentleman from Pennsy lyania continued Mr. b.
haa t'iered - the oct Oi 1891 the subject Of conen,
~ ny" nal uefc was authority on the part OF Judge
Iiau TOT ms proceeding. The law Of 1891 i-aid W. g..
''.'o,u 70 mint and re-truin the power Of the courts