The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-01-03
HOUSE OF REPRESENTATIVES,
TrEspAY. January 2, 1914.

TUESDAY, January ?, 1914,
Prayer by the Rev. MIR. fusion.
The Clerk then read the Journal of last Friday az
ter which
Mr.. THOMPSON, of Mississippi introduced his
colleague, w. II. HAMETr, who was qualified aud
took his seat
Mr. G. J. INGERSOLL asked if il was now in
order 10 move suspension of & rules to allow the
House TO go into Committee Of the Whole on the
stale Of the Union, and take up the bill refunding the
fine of General Jackson.
The SPEAKER replied afTirmatiyely
Mr.. ADAMS asked if this was not the last Of the
Thirty days for the presentation Of petitions;
The SPEAKER replied in the affirmative.
Mr.. ELL NlER asked Mr.. Ingcrsoll to withdraw
his notion TO allow him to offer resolution empow-
ering the Committee on Elections 10 employ Gle k.
Mr.. INGERSOLL refused, upon the ground that
he afraid he would not again be enabled 10 renew
bis motion
So the motion to suspend was put when
Mr. KING, of New York, demanded the yeas
and nays, which was seconded and the following
is The rcsut--yeas l05, nays az.
So the rules were suspended
Mr.. ADAMS asked leave to make report from
the Committee on the Rules, which was objected to.
THE FINE OF GEN. JACKSON.
The House then resolved itself into a Committee
of the Whole, Mr. J. w. Davis in the Chair, and
took up the bill 70 refund the fine Of General Jack
son.
The bin was, as reported, read by the Clerk /;
when
MIR. BARNARD, of New York, rose and said he
should not go into the merits of the bill at this time
1t was said by the friends Of the BILL that the fine
imposed upon Gen. Jackson was Illegal viDdictiye
and unjust; that he had committed no violation
against the Constitution and laws, BECAUSE he had
previously declared martial law, which had suspend
ed the civil law. In the first place, he said, the
authority of the Judge was unquestionable--il
was not in the common law, from which he derived his
authority to act but It was inherent in the Consti
tuition, and he had a perfect right to punish
any person for contempt Of his court. He should
not stop here to read authority which ustif him
in the position assumed but should simply discuss
he merits OF the bill The conduct Of judge Hall
was justified from the inherent power granted to him
in the Constitution, and he contendCd that il was be.
yOnd the power of any military General to arrest
citizen oithe United States under martial law UIon
this view of the Judge Hall issued wit Of habe
as corpus made it relurnable before him no,ityInp
General Jackson of the fact-upon which notification
General jackson issued an order for the arrest of
Judge Hall He was arrested and confined and,
when General jackson was waited upon, he nfirmed
the Marshal that he had chopped" the Judge-ths
was his very language. On The tweny -seventh
Of March, after peace had been restored, Judge
Hall opened his court and on the 9th of March
General Jackson presented himself in court. The
time and the manner in which he (Gen. Jockson) pre-
scented himself before the Judge, was, of itself suil
Gent reason for Judge Hall to have refused receiving
his demurrer and Il ing among the records of the
Court. The Judge had laid down rules by which he
would be governed and ali General Jackson had to
do was to comply with The -, aud simple statement,
under oath, that he did not intend insulting the Court
would of itself have been sufficient. lie here read
the rules of Judge Hall to the House. The Judge
said that his LCien, Jackscn'sl individual oath was