The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1844-01-08


Mr.. KENNEDY said that, as his colleague does
not wish to1misrepresent any one he would explain
lie sai he dd not east any upon the judi
cary bu, he had said that he hated sthis skulking
behind line Judiciary TO hide mean action" and he
f4epealed it, True, he believed the Judiciary was as
corrupt as any other branch Of the Government and
he reiterated that sentiment
MIR. SCllENCk resumed and related an anecdOte
Of quack doctor, who lives in his neighborhoRd,
who, he said, was called in to see sick child, and
administered to il some medicine, which threw Il
into fits and, when he visited the child the next day,
he told ''that the child had been thrown into fits
by the medicine, which he had administered" The
doctor replied, that was what he wanted" and he
was afraid of this bill upon the ground, becaa&e
he believed the ,gcmedy was worse than the disease,
and 1t was intended by the passage Of this bilIfo
throw this nation "into fits Here his hour expired
MIR. A. " BROWN next took the floor, and spoke
in the most eloquent and feeling manner in vndica-
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 mhst be
returned not as gilt, but as right-and upon no
other ground would he receive it.
Mr. BELSER rosexand spoke in favor of the bill
as drawn up by the gentleman from Pennsylvania,
Mr. Z. j. lngersol), 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-
cdiy and he should therefore vote for it as clear
matter of right. The gentleman from Tennessee
Mr. Pcyton) had said that we, on this side Of The
House, had, hycna-like, dragged the characlcrOf
Judge Hall from the silent grave, and wer&Ahnut 10
tarnsh his judicial character by tho passage 6f this
bill but that animal thc hyena--only subsisted upon
the mortal, not the imnlo,ta man and the epiihet
more appropriately belonged 70 them, for they arc
Jackson, hut up n his mi ilary charactor which is
the properly Of this nation. The gentleman from
Georgia (Nlr Stcphens) was the first to drag in the
name and character Of Judge Hall, by his amend
ment, and he alone is responsible for the manner in
which the name of Judge Hall had bean introduced
in this debate
The gentleman from New York (Mr. Bsrnard)
had said this bill brought forward at 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
any 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 if the election into this House, he
should feel himself bound truly to reflect the sent
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 to oppose it in every shape
and phase, which was insult to the members of
this House, and if such sentiment should be uttered
to him out Of this House he would hold the author
personally responsible, and he hurled the insult back
in that gentlcman's face.
From his position here he wished to be looked
upon Wing leader, at least he aspres to thrust
himself forward in that capacity, and says that this
bill is brought forward at this time to make political
capital out of it. He Mr.. B., would relieve Mr.. Van
Buren, from such imputaton, believing that he
did not seek such capital; but the figure Mr. Peyton
of Tennessee, introduced here, comparing Mr.. Van
Buren, to bunch of mis.isioe,' clnging 10 hcko-
ry tree, is all humbug-t is not originate was
used in the humbug political campaign Of l840 and
for which he was uot entitled to any credit.
Mr. b. then went into a constitutional argument
upsetting, in toto, the wild theories of Mr. Barnard
on constitutional law, and asked him from what ai-
thorties he derived the doctrine that an American
General, when the country was in imminent danger
had hot the power to call INTO the pnblc service any
other force than that provide by law.
Mr. BARNARD Sir, in the Constitution.
Mr. b. Then, co:ding TO that genllemans con-
structon OF the Constitution in imminent peril when
the country is about TO be invaded the citizen has
the right TO throw himself under the gs of the Coy
eminent which he Is not bound to defend Who ever
heard Of such constitutional Illustration such con-
stitutona proiundity For himselr he believed, in
ease of immident danger that Commanding Gene
raj, IN every age and in every country had only
the power to call out its military force to defend the
soil, but he had right which above the CoHsti-
| ion, when there imminent peril to proclaim
martial law, which, for the time being, suspended the
common law and all other law; and While martial
law was in force, he had right to make the women
mould bullets, and TO call every effective able-boded
man into the service, students at college and every
ndented apprentice, and the negroes, to bear
in defence Of the country. The gentleman
from New York Mr.. BAKNARpl said that Judge Hall
did not derive hls power to impose the fine upon
General Jackson from the statute or the common
law bu. that il inherent right in the Judge
ur.der the Constitution. But he was 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 10y the conduct of Judge Hall to crmi-
nate himself aud he did not believe Jury could be
found in this country who would award fine under
such crcumst ances the fine then imposed in this
done by man, in whose breast there |
was feeling Of revenge-at least the circumstances
of the case would JUST such conclusion. lie
had been always taught to respect the Judiciary of
the country, which the right of the Gov
eminent, aud when that destroyed the balance
Of power in the Government gone. lie had in
tended answering the whole of the legal arguments
Of the gentleman from New York but, his time
was short, he would pass them by. He did not pre-
tend (being an humble individually TO follow him IN a
legal point Of view, question his learning, but he
(Nr. b must give better evidence OF the fact than
he had done this occasion Now if this BILL un-
der consideration reflected the least censurc on the
character Of Judge Hail. he would not vote for it
the character Of that gentleman had been dragged
before this House 10y those who profess TO de-
lend il, which the amendment Of the
gentleman from Georgia Mr.. Stephens) and upon
them the responsibility must rest and not us
Mr.. STEENROD then took the floor in vindcation
of the character of Gen Jackson and in support of
the bill, giving historical sketch of the whole
transaction.
MIR. SEVERANCE followed in opposition to the
bill, and spoke against its merits compmenting
Judge Hall for the frmness he displayed on the occa
Mr.. HALE of New Hampshire, spoke in favor of
The BILL and said that the country had demanded that
justice should he done TO the fame of Andrew Jack
son, whose name was dearly associated with the his
tory of the country which he had faithfully scrv-
ed and whose services at New Oaleans had added
a additional lus,re TO the American arms
Mr.. ANDREW JOHNSON, Of Tennessee, then
took the floor and replied tartly TO the remarks made
few days ago by Mr. Peyton and in a most eloquent
manner unravcIlcd his whole position
Mr.. PEY TON explained, and said that his col
league misu derstood him.
Mr.. JOHNSON continued, and spoke until the
time had expired for the committee to rise and report
he hill 10 the House