Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-01-02


particularly into the discrepancies ard changes oil oa
this writ of habeas corpus. They are oil no cons
qnence regards the substantial nieriis OF the quss
tion, though they afford IN my mind pregnant indca
tons OF the sposriion OF the Judge 10 NIX h'msel
up in this matter volunteer-an cihcious IN
,ermedcler-,Ian high unctionury, called upon 's
discharge delicate but responsible duty.
On the 9th March, unofficial intelligence of the m
tfcation of The treaty Of Cheat received by Gen
Jackson; although, BY some una1coan'abIe error d
the War Department, az the same time, aud by the
SAM conveyance, he received an order t, levy add
tionai troops. This intelligence was Immediately COM
muncaed to the British General, Lambert, with n
proposition to suspend hosilues, which was refused
Under these circumstances, Jackson considered It i'm
prudent TO suspend martial law; bu, on the l3'h Mirch
official news of peace received; OF which procla
nation vas Immediately made, the militia d'soanded
and martial law abolished On the l2th March, Ha!
had been conducted beyond the limits OF the camp anf
released with orders not return until peace shouic
ha We been proclaimed On the 9th March, Jackson
apoeared in the United States Court, to answer TO
rule 10 show cause why attachment should not is
sue against him tor a contempt OF court ne oHeree
written defence, verified by his oath; but the cour
,youd not even permit II TO be read and peremptorily
refused to allow it to be spread upon the record. Or
the lst he again appeared in Court, when written IN
erropatnries were propounded TO him. to which he de
clined answering; when the fac .. vvo WIS imposed
upon him, and Immediately paid
Time will not permit me 10 enter INTO 4 critical eN-
animation of these proceedings Irregularities and
nolies of every kind might be found IN them; but let
Us TO few promne nj points as landmarks IN the
of the question, Whistler tins ne proper
~ imposed and whether II ought - be refunded
will take it for granted (%hat one, at any time,
has ven,ured seriously to con!esO that Jackson
ins,i6ed by The circumstances in the declaration oil
mornl law on the 18th December ard shall also aa.
nit for the purpose oi simplifying the question: (an
admission pro kQc rice an! . aF utterly reject and
pud,atc il rs principlc that Judge hes rgbi to
nd COL tha lrif,
rv an offence comm Ted against him out Of court -
The essence Of every ciHs, offence, or iHisdeneanor
or whatever form violation Of penal or criminal law
NAV assume is the GntRUs-the intention lh's - re-
cognised in The las OF contempt anomalous rs tina, law
NAV be- denial of the intention u commit u con-
tempt wocld purge the offence. Now, Gen. Jackson,
on his first appearance, his answer, had mega
ved ali the facts which necessary to show cEt
mina ntention in mos able and eloquent exposition
of all the circumstances which had determined his &C
ton.
Here Mr. SLIpELL wasnbout 10 read portion of thlr
document-he only one h. had with him, not expecting
this debate; but the hour advanced and II
was difficult to DO whoutligh he proceeded in his
speech.
What should have been the ei.c. Of sucn m appeal,
made to dispassionate and unpreudIcec tribunal =
Gu yht 1t not 10 have beenreceIysd iul ait Inemen'
of any supposed offence: Would not the dignity CT
the law and the sanctiiy Of the tribunal have bee II
sufficiently vlndcated, i Judr ID ~ Han had de-
clared his object attained BY the appearance Oh
the victorious General at the bar oil hs court -
Would not have been much more masnan''
nous to have offered tie right hand OF fellowship
and conciaation 10 The nan, without whom, oil &C
knowledge Louis ana nat have thl.en prey 10 tne
INVADER Such n; the course OF Judge mar
and to account for his proceeding, It will be necessary
20 enter into an ANALYSIS n, hls character aho hS"'y
In dong uls, IL vii become necessary TO as''Ea'" ''
some .rita and s:tl precepi oil De mortnfS ntt ~"
b,.,a and do not sckno ledge is genera! rum "i
see no noid reason way, IA IN appreciation VI cii'
ac:er, the dead should ENJOY greater ihu''' . 90
The living But 1t especially unjust IA rs app ca'""
len living merit IS 10 b. ua,enerouS!y aacte' ny "a
nr,,,on ~ dc 1rori,,s MS rtrum, say !; and to d
iusce TO General Jackson, II - neess Safy 70 sl W
,rub If Jud,e Hall He has heen cited ss model .
judicial firmness, dignity, and integrity AS 10 Lat
last quality most cheeriully accord u tfuin' 90 id
as the mere absence Of pecun'afy bias or corupuof
poes | believe him 10 have been honest in the dis
charge Of his oicel duties and impartial so far as h
character habits and pre- JUDGES would permit him to be
and il is important know these, TO form just
citation of his Judge Hall was an Englsh
man by BIRTH do not know whether he had accidTn
,,t1 bacoma = ciljzpn Of the United States by his
dance m Louisiana the time OF The cession or had
taken the oath Of allegiance, and gone through The ot1e'
forms of naturalization BE this as II may-wheher ms
citizenship matter OF choice OF accihent-he was
still an Eneshm:n. The natives on all other coun'
tries in seeking an asylum our favored shores, at
once assimilate themselves with our reoe!', attach
themselves 10 institutions. ana become americans
IN every sense of liz word Not 50 with the inglisi-
man do notsay tins in dispnra gcmen oi his Aatlona
character: because the very pacU! a'yo which Pea
has,s source in some of the mos! brill AM qualities oil
our nature Transplant him where you Will, he Is sill
an Erplishman with abiding 81 The superiority
Of English arms English venr, English Literature; "
short II everything that is English and correspond
INC dsao ton undefGic aud depree'At- ever! tH'n4
that does uul conform his peculiar standard Wa
have an exenaiicalicn OF this the motto OF the Al!
bona Journal published at New iofk, ana 'h'' u;
o.tronized b, Enr!ishinen: "C4iam 1toil GguaHa ma
! tant Gui h,hS ciSr''at fiac' hn "iiefe vow
will he onk changes h.s sky, ard n hs sk'n In
leopard reys ise> !tis spas Hall Could never forgive
the raw and ,neuca,ed Tennessecan TOR having heater
the best troop of Europe, led by Generals who ha'
taken their diplomas in the school Of Wellington. fia!
was not brave mar; lie enyled jacks tor his briah
display OF quality winch he did not possess say NJ
was not btav. man; for every one residing IN New
Orleans who, j the invasion of lSl4-]3, possesse
sufficient strength carry mnsket and was not ioun'
under arms TO reel the enemy, stands seicondemhe'
as poltroon ands coward.
His associates s,re those Of clique, who were op
posed to Claiborne and consequently t. Jackson be
cause Jackson hadmanlfested great confidence IN ea'
horne He was man of incorporate HABITS, ana o
violent t,mper. will here repea, IN anecdoe, whcl
will enable the Houe to judge OF The fitness oil DOM
nick A. Hall for the place which he filled lie nae
been district Judge of We United Stles Tor the lerrto
ry OF LOUISIANA, wi'n asulry, UslteNe, "" wv v
S3 600 On the adop,io, Of III. Stale Constitution, II
1912, the Supreme Court of the State was organized
and he appointed Of the judges OF that court
with salary fixed by tfe Constitution at So,0O0 III
accepted the appointment, and sat for short period II
that court. HIS seat dnrict Judge was OF course va
Gated. lie, however, befre appointment ga
made OF district judge, sIgfifed his wish to leave tn
Stat court, and resume hs Did station, and he was re
aouoin,cd By Nj Madison. The rrot,v.s Of singua
course were, uuil very scertly unknown TO in'
when was informed Of then by person whose gu
,hori;y vii. not BE- coa'es'sd'hy ,hosc vino have or
posed the passage Of this Il. refer tn Judge Mrn
Chief Justice of Louisiana. The Cont ;ution OF Lou
isana contains a clause providing thu, all judicial Off
GERS may be removed on the address OF three fourth
of the members of both branches Of the Legislature
the address stating the why the officer should
removed With the consciousness that his habit
would expose him 10 the operation o. this clause of tn
Constitution; and knowing how completely inert IS IN
remedy of impeachment nndef the Constitution OF tn
United Stats, he determined 10 refslabIsh himself
the safe asylum of Judicial misconduct, which he ha
temporarily abandoned. He was net willing to
tried BY Judges who could judge from personal obsery'
toms Of his dellnquences In the words of judy