The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-01-02
HOUSE OF REPRESENTATIVES,,

ho''I' VI hIsi hE.nFs.N ~ ~ V EsN,
TUESDAY, January ?, 1874
Prayer by the Rev, MIR. TusToS.
The Clerk then read the Journal OF las, Friday af-
ter which
Mr. THOMPSON, of Mississippi, introduced his
colleague, w. II, HAMMETT, who was qualified and
took his seat
Mr. c. j. INGERSOLL asked if il was now in
order to move suspension of tie rules, TO allow the
House TO so into a Committee of the Whole on the
state Of the Union and take up the bill reunding the
fine OF General Jackson
The SPEAKER replied affrmativey.
MIR ADAMS asked if this not the last of the
thirty days for the presentation of petitions
The Speaker replied in the affirmative,
Mr., ELMER asked Mr.. Ingersoll to withdraw
his motion, To allow him to offer resolution empow-
ering the Committee on Elections 10 employ clerk
Mr. lNGERSOLL refused upon the ground that
he was afraid he would not again be enabled to
his 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 result--yeas lO5, 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 TO refund the fine of General Jack
son,
The bill was, as reported read by the Clerk ;
when
Mr. BARNARD, of New York, rose and said he
should not go into he merits Of the bill at this time.
1t SAID by the friends of the BILL that the fine
imposed upon Gen Jackson was Illegal, yindictive
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-it
not in the common law from which he deriy ed his
authority to act, but was inherent in the Consti.
tuition, and he had a perfect right to punish
any person for q contempt Of his court. He should
not stop here to read authority which justif him
IN the position assumed, but should simply discuss
The merits OF the bill The conduct Of judge Hall
was justified from the inherent power granted to hun
in the Constitution and he concnded that i, was be.
nd the power of any miitbry General TO arrest a
czen Of the United States under martial law UIon
this view OF the Judge Hall issued witt Of habe-
corpus, made it reurnable before him, Notifying
General Jat ksou of the fdct-uon which notification
General Jackson issued an order for the arrest OF
Judge Hall. lie was nuesled and confined, and,
when General j ckson wa5 waited upon, he Informed
The Marshal thaf>>Se had /shopped' the Judge-thi,
his very Ianguagf Ga the twenty 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 Jatksun) pre-
scented himself before the Judge was of itself sulli.
Gent reason for Judge Hall to have refused receiving
his demurrer and fling 1t among the records of the
Court The Judge had lad down rules by which he
would he governed and all General Jackson had to
do was TO comply with hen, and simple statement
under oath, that he did not intend insulting the Court
would OF itself have b,en sufficient lie here read
the rules of Judge Hall to the House The Judge
said that bis [Gen. Jacksons individual oath war
sufficient TO remove the charge OF contempt of which
he did not avail himself
1t has been said that Judge Hall was not an Ame-
rican by birth, but Englishman, and an inebriate
which Of itself justified this extraordinary proceed
ing the part Of Gen. Jackson lie was an Anne
rican citizen, having performed all the requisites un-
der the Constitution and laws becoming So and
appointed TO Office by MIR jefferson but because
he was an Englishman 10y birth, the proceeding on
the part of Gen. Jackson perfectly correct in
the opinion Of the exclusive irie DIS of this bill lie
referred to a respectable witness (Mr Breckenridge
TO bear him out in what he had TIED Here some
person said God help such a respectable witness.
He read from document in which General Jackson
said he would acknowledge no other law except the
military while martial law was in existence and
commended that no citizen can, under the Constitution
be made subject 10 military law. Congress has pow
under the Cons tuition 10 suspend the hobeas corpus
and citizen he tried for aeg ID offences against
the mil tary law, because II his jurisdiction What
ever the citizen but exclusively over the soldier.
In England under the reign Of the Sluarts, mar
al law had existed for limited time but the circum
stances undr which it had existed were very differ
ent from the case under consideration The English
revolution, which cNior ed from their sovereign a bill
Of rieh r, forever put this question rest with the
British people,
The Constitution says that martial law may be de-
cIared in ofin-urrecon or invasion but this
not the case at New Orleans Bot there might arise
Gaze which would Justify the exercise If mar
tai law and that would be IN case of instruction
TO which he would yield. The Constitution contem-
plates that city moy surrender, but not the whole
country, without being invaded The city of New
OIcaus was moi invaded, because the battle was
fought below the city and the Legislature of Loui-
siana refused to suspend the haJeas corpus but did
more patriotic act-they app opriaed a sum Of mo-
ney 10 raise men Tor Commodore Patterson, instead
of allowing him 10 impress her citizens, which was
all he wanted, 10 which he yielded perfect obed.
ence.
Mr. DAWSON inquired if the gentleman from
New York had not spoken his hour
The CHAIR replied aihrmatively:
MIR. DAWSON. of Louisiana, rose and said
that he had hoped this bill would have been
allowed to pass without discussion, but he had
been disappointed lie was perfectly willing
Tor gentlemen to take wide field as they thought
proper, and choose that side of the question most
congenial to their feelings. The gentleman FROM
New York MIR Barnard had said this was a party
question: but he did not look at il in that light be
cause the Legislature of Louisiana, which vas OPP
posed to the Democratic party, had requested their
Representatives aud instructed their Senators 10 vote
in favor of refundIng tins Illegal and unjust fine and
stated if Con sress did not The Legislature Of this pa
triotic State would. lie was much party man
as any other on this floor, aud f they were
anxious TO make this party question: he would
meet them upon that ground But he did not
look UPON this question as one of . party