Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1844-02-09

| tue mere QueStlOn OF law, anu ne 0ehet
| any lawyer, with the aid Of all the tech.
nicalities that could be resorted TO in .he
case, to show that General jackson wa:
guilty of contempt within such mean.
ing as would properly subject him to the
fine that was imposed. Some gentlemen
had discussed this question as if the very
declaratian OF martial law itself was con.
tempt; but he delied them to poin. out a
single distinct fact which amounted 10 a
contempt. But let that pass.
The gentleman from New York (Mr.
Barnard) had pronounced this bill unprece
denied. He had said, and others had said
so too. that it was an attempt to set aside
decision of a court Of justice, and to re-
pudate its sanctily and authority in all I'm
ceden,ed! l. might be unprecedented to
remit fine for declaring. martial law for
the imposition Of such fine was unprece-
denied. They had been told that martial
law had been declared by General Wiki
inson. and yet no punishment was !nflict-
ed for that. It had also been done on the
shores of the lakes by General Gaines j;
and he [Mr. D. had no doubt that i! had
been done by others without any fine be.
ing imposed. and hence no fine had been
refunded. But were bills refunding fines.
and penalties, aud assessments, and dam
ages, on military commanders, unprece
denied! If they would take the pains to
look through the speech of the late candid
and sincere DR.. Lime of whom no one
could speak but with respect. they would
find many. cases, commencing with the
last century and coming down to the
present time, in which bills of this kind
had heen passed. That had been the set
tied and uniform policy Of this Govern
ment; and the question now was, whether
the hero of New Orleans should be excep.
ted from the general course of Legislation.
Whoever recorded his vote against this
bill, stigmatized the character and affixed
a stain on the fair fame of General Jack.
son, which Congress had uniformly refu-
sed 10 permit TO remain on The character
of other military and naval officers. And
why this exception! Why this unjust.
this ignominious exception? Was there
any thing in the conduct of General Jack
son at New Orleans that required tina, he
should be made an exception +? Was there
man on this floor that had the hardihood
10 say there was, Iud to- irnrcaeh the r-,o-
tiyes, the purity and the fidelity Of Gene
raj Jackson in any act he did at New Orr
leans. Was there man there that would
pretend TO deny the necessity for the ex-
istence of that high summary authority to
which General Jackson was compelled 10
resort? Was there man there who
would pretend that General Jackson did
not save the city, and the country. and the
laws and the property Of the citizens, by
that very exercise Of high authority!
These things would not be questioned.
The necessity and the glorious effects re-
sul,ing from the course which that neces'
sity prompted, were acknowledged by the
whole country, and he would even say by
the whole civilized world. Then as tai
as this bill is concerned, he Mr.. D. car
ed not whether their acts were legal OF
illegal. He cared not whether General
| Jackson violated the Constitution or not
He cared not whether General Jackson
suspended all civil authority or not. II
his acts were necessary to the defence Of
the country, that necessity was above all
law. General Jackson hazarded every
thing; he hazarded both life and repula.
| ton on that step, which might render him
immortal if i, saved the country, or, OF
the contrary, make him ignominious, ant
a byword, and reproach and the mar
that dared to do that, deserved the protec'
ton and the plaudits of his country. liz
did not envy the feelings Of that man tina
would get up and talk calmly and coolly
under such circumstances, about rules O
cour. and technical,ies of proceeding, and
the danger of example, when The city
nigh, be in flames and the utmost barbara
" might be committed. What were rule:
of court but mere cobwebs when they
found an enemy with his cannon at TIT
doors of their courts, and when they saw
the flames encircling the cupola Tall
then about rules of court, and the formal
" of proceedings! The man that woul'
DO this would fiddle while the Capitol wa
burning. (Sensalion He envied no
any man the possession Of such stolca
philosophy. Talk about illegally! Tall
about formalities Why, there was bu
one formality TO be observed; and that wa
the forma!i.y Of directing the cannon. ant
destroying the enemy, regardless OF TN
means, whether i. be by the seizure {.
cotton bags. or the seizure OF persons,
the necessity Of the case required Il. IN
| God of nature has conferred this right o.
men and nations; and therefore let hin
No, he tolc tina. it was unconstitutional
To defend the country, let him not be toll
,b,, 3 was unconstitutional TO use the ne
cessa1y means The Constitution wa
eIS. 10 nrotaetion of the country