The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-04


has yet been sent in to the Senate 10 fill the va
cancy IN the u. ). Supreme Court.
TWENTY-EIGHTH CONGRESS-.
FIRST SESSION.
Senate
WASHINGTON, Jan. 2, 1874
The President of the Senate presented the Gre
dentias of the Senator of Maryland, Hon. Mr..
Pearce, which, at the suggestion OF his colleague,
were placed on file.
Mr.. BUCHANAN presented petition from Joseph
Stowe and others, who were confined at Dartmoor
during the late war. They pray Congress in con-
sderatlon OF their age and poverty, to make pro-
vision for their support Also, one from the city
and county of Philadelphia on the subject of French
spCliatlOns. Also, one from Jno. Fish, who repre-
sents that he is manufacturer of oval bake-pans
and trylng-pans, and that the duty on the raw ma
teral exceeds that on the manufactured article, so
that the discrimination against the manufacturer.
Mr.. B. presumed that no bill on the subject of the
tariff could originate here, but moved, however,
the reference of the petition.
Mr.. MERRICK, from citizens of Baltimore, pray
ing for reduction of postage, which Mr. M. said
must be made in order to save the Department
from ITS present rulnous competition with private
expresses
Mr.. RIvEs, one of the same purport from Hamp-
shire county, Va.
Mr.. WOODBRIDGE, from citizens of Detroit, pray
ing for a ship canal between Lakes Superior and
Huron.
(the Chairman of the Committee on Foreign Re-
aons being absenD was again laid on the table
Mr. JARNAGIN, by leave, introduced bill for d.
vdng the United States into two military districts
The Senate went into Executive session, and
soon adjourned.
House of Representatives
WASHINGTON, Jan. 2.
President making in the House of Representa-
tlves has fairly and unequivocally begun. The
campaign has been opened by fierce cannonade
from each of the belligerent parties. The fight,
with slight lntermisslons, will no doubt continue
during the whole session Great principles, alike
laughed at; and every sort OF clap-trap and charlie
tanry had recourse to, that success and victory,
next fall, may perch upon the banners OF Martin
of Lindenwad, or Harry ofthe West.
Prayer over, the journals read, and new mem
Der from Michigan introduced Mr.. J. G. INGERsor.L
moved that the rules be suspended, and the House
go into Committee of the Whole on the State of
the Union, in order to take up the ''refunding
fine" bill of General Jackson.
Messrs ADAMS and ELMER threw in some OBJ
ections which were not listened to, the Chair de-
clarng the motion not debatable.
Mr. HUNT, OF N. Y, called for the ayes and noes,
which were ordered Ayes los, noes A.
MIR. ADAMS asked leave to present the report of
committee on the rules, and moved it be printed
MIR: RKDING of N: II. objected, and the report
was therefore handed back to the old gentleman
Mr.. G. j. lNGERsoLI then moved that the House
go into committee of the whole, and into commit
tee it forthwith went, Mr.. Davies of Indiana in the
Chair.
Mr.. d. d. BARNARD, having the floor, he got up
primed and loaded to the muZzle. He occupied his
hour, and had the House INDUCED him, probably
he would have occupied another but it was in no
humor tor extending any such grace. There were
too many members brimful of talk; efervescing
over; and without free vent, ready to explode
burst Ihere were SIX speakers, three on each
Ky and Patton of Tenn. talking to Buncombe
against the bill, and Messrs. Dawson of La. Kenne-
dy OF Ia and Dean of Ohio to the same end, for it.
certainly would be useless to fill the Herald with every
thing they severay uttered shall endeavor to give your
readers the gist Of the arguments and CONN other
words digest thereof, as briefly as possible.
Mr.. BARNARD said, that the advocates of this bill and
friends of General Jackson argued its passage through
the House. the ground that the fine imposed was ile
gal vindictve, and unjust-General Jackson had com.
mtted no violation OF the constitution and laws for this
reason he had previously declared martial law which
act had suspended the civil law He contended that the
authority OF Judge Hail. in issuing writ of habeas corpus
in the case OF the Frenchman whom General Jackson had
imprisoned, was not derived from the common law Of the
land but from authority inherent in the constitution it.
self General Jacksons refusal to acknowledge the power
tempt Of court.
Mr. BARNARD said he was prepared with authority to
sustain this position although he would not stop to read il
to the House, but pass to the merits of the bill itself
He maintained, however that military General had
power to arrest citizen of the United States under
tal law. In this view of the case, Judge Hall per-
fectly justifabe in issuing writ Of habeas corpus He
did So and notified General Jackson Of the fact What
Judge himsel-shipped him use his own language A
great deal had been said about the grandeur and patriotism
OF the General surrounded by troops and flushed with
victory having afterwards submitted c the decision and
award OF the court How stood the matter After peace
had been restored the General presented himself before
the court but look at the time and manner in which
he did this. These Of themselves sufficient
for Judge Hall refusing receive his demurrer in
in the records Of the court If General Jackson had not
intended defying the court and insulting its authority
affidavit to the effect would have relieved him from all pc.
sustain his argument) The individual oath of General
Jackson wonld have been sufficient to have satisfied the
Court but he would not avail himself OF this justification
An attempt had been made to justify the conduct of the
General, because Judge Hall Englishman and
inebriate. He American citizen having become
such undes the constitution and laws and had been ap.
pointed to office by Mr. Jefferson and poor excuse
up by the friends of General Jackson that because he
Englishman by BIRTH his authority and that the
laws, was to be set aside With regard to his character
he Mr. referred to the opinion of Mr.. Breckenridge,
minded upright man. "a member here cried, God
help such respectable witness and from another docu
men he showed that General Jackson had said he would
acknowledge no law but military law But (said Mr. By
military law had jurisdiction whatever the citi-
extended to the soldier alone Even Congress had
power under the constitution suspend corpus
and citizen could be tried for offences against the mill
tay Mr. referred to English history support OF this
doctrine. The revolution of 1858 had the
ton at rest and although for short time under the
arts martial law had existed it under very different
circumstance from that in which General Jackson had
proclaimed it. Martial law might be proclaimed in
Of nsurrection INVASION but New Orleans such did
not exist The city Of New Orleans not invaded be-
cause uhe puttic was ouBHt DcioW III. III tnIs way
Mr.. b. went for hour, heaping argument
argument of like character, and to the end
When he had occupied his allotted time by the wing rule
of last Congress- Gen Dawson took good apply the
instanter. He got up while Mr. B. in medals and
asked If the member from New York had not used up his
hour The chair replying i'll the affirmative, Cen Daw.
son made set speech, taking up nearly his hour having
come fully prepared with notes and documents, which he
very cody pulled from his coat pocket and arranged
July before him previous TO commencing.
Mr. Dawson started by remarkng that he had hoped
this bill would pass without much discussion, and he
nj cd uUl hf.f nm
was perfectly willing that gentlemen should not only
take as wide field as suited them but take that side
thought best. Mr.. Barnard had said that this was
party question, out Of whsch desired to make po-
lltical capital. He (Mr. Dawson) did not look upon
not view it; for although politically opposed to
General Jackson had instructed her Representative in
hs House. and the Senators in the other in favor
Of refnnding the Illegal and fine levied by Judge
Hall him--and lsad hel IL Congress loes not