The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-08

Judiciary but he did not think his colleague was le
su'naely blacksmith, II SO, he is only blowing the
bellows Of party, and striking on the anvil Of Do
mocracy." Laughter 80
| MIR. kENNEDf said that, as his colleague does
mol wish 10 n,srepresent any one, he would explain.
lie SAID he did not cast any upon the Judi
ciary, bat he had said that he hated aths skulkng
behind the Judiciary 10 hide mean action and he
repeated II. True, he believed the Judiciary was as
corrupt as any other branch Of the and
he reiterated that sentiment.
Mr. SCHENCk resumed, and related an anecdo,e
| oil quack DOCTOR who lives in his neighborhood,
Who he said, was called in To see sick child and
administered to il some medicine, which threw il
into hts, and when he visited the child the mex day,
he was told shat the child had been thrown into fits
oy the medicine, which he had administered" The
doctor replied, THAT was what he wanted,n and he
was AFRAID OF this bill upon the ground because
he believed the remedy was than the disease,
aud II was intended by the passage of this bill to
throw this nation ''ino fits Here his hour expired
| Mr.. A. V. BROWN next took the floor, and spoke
IN The most eloquent and feeling manner in vindca-
ton OF the fame and character Of General Jackson,
and placed before the House, in most beautiful
point OF view, the ground upon which the old hero
would receive this money, and other--it must be
returned not as gilt, but as right--and upon no
other ground would he receive ii.
Mr. BELSER rose and spoke in favor Of the bill
| as drawn up by the gentleman from Pennsy vania,
(Mr. c. }. lngesolD and said that he was not dis
posed TO cast any censure upon the character Of
Judge Hall This bill does not, expressly or impli-
eddy; and he should therefore vote for it as clear
matter OF right The gentleman from Tennessee
(Mr. feytoD) had said that We on this side of the
House, had, hyena-like, dragged the character Of
Judge Hall from the silent grave, and were about to
tarnish his judicial character by tho passage of this
biil but that animal the hyena-only subsised upon
the mortal, not the immortal man and the epiihet
more appropriately belonged TO them, for they are
ready N npo fha ole Of
Jackson, but up n his mi lary character, which is
the properly Of this nation. The gentleman from
Georgia (Nlr. Stephcns) the first to drag in the
name and character Of Judge Hall, by his amend
ment, and he alone irresponsible for the manner in
which the name OF Judge Hall had bc,n introduced
in this debate
The gentleman from New York (Mr. Barnard)
had said this bill brought forward this time to
make political capital for Mr. Van Buren, but he
would inform that gentleman that he did not know
that he should vote for Mr. Van Buren-and he GER
tany should not unless the burdens under which his
people were laboring should be removed by this De-
mocratic Congress, with his Mr.. Van Buren's as
sent, but il The election came into this House, he
should feel himself bound truly to reflect the senti-
ments of those whom he represented, and vote for
him. That gentleman had talked about licking this
bill into proper shape to suit the palates Of those
who were predetermined 10 oppose il in every shape
and phase, which wasi an insult to the members of
this House, and if such sentiment should be uttered
personally responsible, and he hurled the insult back
in that gentleman's face.
From his position here he wished TO be looked
upon as Wing leader, at least he aspires to thrust
himself forward in that capacity, and says that this
bill is brought forward at this time 10 make nolit;c.
capital out Of it. He, Mr.. B., would relieve Mir. Van
Buren, from such an imputation, believing that he
did not seek such capital; but the figure Mr.. Pey ton
Of Tennessee, introduced here, comparing Mr. an
Buren, to bunch Of mis:letoe," clinging hicko-
ry tree, is all humbug-it is not original--t was
used in the humbug political campaign Of 1910, and
for which he was uot entitled 10 any credit.
Mr. Is. then went into constitutional argument
upsetiing, IN toto, the wild theories of MIR. Barnard
on constitutional law, and asked him from what au-
thorilies he derived the doctrine that American
had not The power to call into the PnbIic service any
other foIce than that provided by law.
Mr. BARNARD: Sir, in the Constitution.
Mr. B. Then, according to that gentlcman's con-
struotion OF the Constitution, in imminent peril when
the country is about 10 be Invaded, the citizen has
the right 10 throw himself under the agis Of the Gov
ernment which he is not bound to defend. Who ever
heard Of such constitutional Illustration, such con-
stituiional profundity For himself he believed, in
case Of immident danger, that Commanding Gene
rail- IN every age and IN every country, had not only
the power to call out it, military force defend the
soil, but he had right which was above the Coasii-
tn ION, when there was imminent peril, 10 proclaim
martial law which, Tor the time being suspended the
common law, and all other law; and while martial
law was IN iorce, he had right 10 make the women
mould bullets, and TO call every effective able
man into The service, students at college and every
ndented apprentice, and even The negroes, to bear
arms IN defence OF The country. The gentleman
from New York Mr. BAIsAnDl said that Judge Hall
did not derive his power 10 impose the fine upon
General Jackson from the statute or the common
law bu; that IL was an inherent right in the Judge
ur.der the Constitution. But he forced to deny
to any Judge under the Constitution Of the u. S. the
power TO place any man IN a position as General
Jackson was by the conduct Of Judge Hall 10 crim
nate himself, and he did not believe Jury could be
found in this country who would award a fine under
such circumstances the fine then imposed IN this
case was done by one man, IN whose breast there
was feeling Of reycnge-at least the circumstances
of the case would justly such a conclusion. lie
had been always taught Ia respect the Judiciary Of
the county, which was the right of the Gov
ernment, aud when that destroyed the balance
OF power IN the Government was gone He had in
tended answering the whole Of the legal arguments
Of the gentleman from New York bat as his time
was short, he would pass them by. He did pre-
tend (being an humble individually TO follow him a
legal point of view, question hts rarning bu, he
(Nr. Il must give better evidence OF the fact than
he had done this occasion. Now II this BILL un-
der consideration reflected the least censure on the
character OF Judge Hail. he would no, vote for it
the character Of tbst gentleman had been dragged
before this House by those who profess TO DO
iend H. which the amendment Of the
gentleman from Georgia (Mr. stephons) and upon
them the responsibility must rest, aud not us
Mr.. STEENROD then took The floor in vindio alton
OF the character Of Gen Jackson aud in support Of
the bill, giving an historical sketch OF he whole
transaction.
Mr.. SEVERANCE followed in opposition TO the
bill, and spoke against its merits, complimenting
Judge Hall for the frmness he displayed on The occa-
sion.
Mr.. HALE Of New Hampshire, spoke 10 favor Of
H. ~.
Justice should I've done TO the lame of Andrew Jack
son, whose dearly associated with the his
tory of the country which he had faithfully serv-
ed and whose services at New Oaleans had added
an sdditiooaI l,sfre To the America arms