Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-17

Tuesaap. fsb IL, 1914.
IN SENATE


Tucsaay f.l -, 1874
IN SENATE
TIE FINE INDEMNITY Btli
Mr. ALLEN moved 20 postpone the previous orders
40 ia - with a viey Il take mp the hi! from TIE
Mouse rc.totos the fine imposed upon Gen Jackson
ZnUN rlNGToN inquired, before The question
taken whc'het hs .'lrS' you'd be to r"sgVns
~ othsr subIrct-the TaF'i-wh.ch was in ordef ''-
ir ALLEN remarked, H., u lar hai 10 restore
n,e ne disposed 81 ~ IN" 'Hp''a'"'n 81 Tue
~ = hout, IL womb, a, 'aai tine ~ re Ms posi-
I'D finent. to prevent any iHte5i':-iee Win '"e u""
.Shad business .; yes,t5day.
- The iestiun thea ~; on Mi Allen "'l"h,
and carried; aud .h Il vas a&en up rs IN oah''ee
LApf the Waole-the qieston pending benz ''' aheiu
lnent from the judiciary Committee IA the following
words,
= Proridra That notn t1s act shall b, construed
10 exoess nr imply any ceusute 1t The "ondic' OF ena
Y.c,er Of The Hon i)ominick a. tal, by wnoia 'he
4 ~ BERRiEN, the Chairman OF u, 'ad'e.a'y
= mmit,ee remarked thet without pretending to take
mar, in the discussion OF the bill before the SENATE,
Ebe felt that il vas proper he should STATE smpy The
grounds upon WHICH the Judiciary Conmtee hau re-
ported lhe amendment; the hli The h' IN question,
propa to restore to Gen Jackson certain snm o mo
neySwith interest," which VAS hne '"s'd on ms; ~
the p n o@" nra "' I" rs s MONEY
EG6era Jackson, but proposes TO rsintn me money
~ interest tia, is 10 say, for wrongs done h'm W
Tbs United States ny the deteNtJH vi Ho"ty, winch
belonged TO him. The bill rs lace, ny IT'S necessary
,mpoit CT ri tsrn,is npes that this hne was wrong
fully inposed-,ha,,t wtongiuly taken tFom hun
and that u: has been wEong'uiy withheld iFom hun
BY the United States
In this aspect OF the question lit having h@'n the
ple,sure Of The Senate rhis b to the Jud'cary
Committee, with knon!e ds- of bis pcs ten, ana o.
his !oEne, occasion. wien sh;'iaf mn was
30 referred-it sefmrd TO the commtcf, geiiefa''y'
that the sole chirct which the Senst- could h"ve III
in tip ref
see whether the bill framed, tha'. in perform
tnn this act of courtesy, Jistice or ~ "atSFfr
name il night he called II -houd express property
the views OF the Senat.and - see N Inc perform
nnce OF this OF courtesy, Justice That NJ "Uns
should be- done 10 the memory ct The d,ceasei ""'ci"
officer II that not the object OF the reference hs
did rot see there any motive Tor s reference
10 that committee. inasmuch, IT Tie bill 'mpheS
,ba, the money was originally Wrn01tuiy received
by the United States and wInngui'y detained las
!, would 80 imply without the proy'so wh'ch c"l'-
tsrac's that ntet"nce,) the coni"tteP of"'iied II
their duiy 10 offer amendment, debating SIMPLY
as its purposa 10 pfocc; from unjust rhPutat"h IN
memory Of ,hs ndlcla officer, VINO d'sc"a sF'
his duty with fidelity 10 his country aud "i' NAV
ing gone hence without leaving any representative
of his claims on TIM: for the protection OF his
od,cia la,nc froi nnnerted oboGuy) has comai't'sd
the guardianship Of that reputation to the country
which he served with 50 much fidelity Snsh were I've
views OF the committee Offering the aa"naheht 10
the consideration ~ t!ie Senate. they designed hes
10 interfere with the pleasure OF the iTenus OF ne''
Jackson in restoring 10 hlm IT, nn act oil the l.on-
gross OF the United States, ,ha !ine. they wiseed
I, place il ON the ground which, whilst 1t would NOT
IN The slightest derrrc, arraign or III any manner nm
ply censure on General Jackson Tor 'he course
which from his high OF duty, he deemed II ne
cessary u take to preserve New Orleans, weria, al
the same time, preserve from unmeri:ed oooquy inc
nudge Tho inflicted the penalty The commute ie
that tais duty mare 'npeFativeiy imposed on
them from III" manner IN winch the question haa
been discussed times IN beth branches "'
Conr,ess that due IL The memory "l lue 1f'
parted Judge that it dde 10 has representa- YES,
II there were any alive who claimed that relation T.
him II was due 10 the iuhlmen, OF the obligation |
which the country to the character oil Nil htr
ci,zens-to shield him from unlus, a?a.atlon IL
was due that the Congress OF The United states, III
the performance OF THIS act nt conr'esy-h u was
uronerly 8, ca!ted-to General Jackson, by Tie re
iurn of the money, should nHora 10 those VIM cons
after them, evidence that an act oil Jasce rendered
TO one individual! not done al the expense I"
Injustice 10 others. lie repeated tbat It was 10. Inc
intention o! the committee, in proposing the amend
ment TO imply improperly OF the conduct on Gene
raj Jackson; bu, 10 Judge Hall from such an
imputation. .
Mr. WALKER said as this bill REFERRED. on his /
motion, 10 the Committee the judiciary and . he
was member OF that committee and did Hoi concur IN
reporting the provi>o he would submit few remarks
The honorable Chairman Of the Committee Tie Ju-
dietary MIR. Berrien, who reported t"is amendment
has not entered into the discussion OF the proprety oil
relundng this fine to General Jackson, but has confined
his observations 10 the proyiso declaring IN substance
the Judge who imposed tie penalty Mr. y" SAID this
bill had been heretofore, al former sess;na reierici
10 the Committee the judiciary oi the senate, and
various amendments similar in their object to those
now proposed, had been reported by tic same "no;a-
BILE Senator, Me Bcrricm.l lie Nir. " haf then
submitted report in oppoo ion 10 these amend
menls and in favor Of an act, SIMPLY rcia'ns The mo
new without reference whatever 10 tie conduct o
the Judge In that report, Mr. W. had i'.s express
ed his in favor OF restoring t! mciey 10 Gene
raj Jackson AID against attaching Provisocs to the
law, that he would only remrk that such a prov
so without precedent. Wien we passed the BAL
in 1870 rciuudng the zine imposed on Matthew Lyon
under the scdon law 40 proyso was attached 10 he
bill III reference 10 the Judge who inflicted the penalty
di} he believe such lroviso could be found IN any
bill which had ever passed the Congress OF the Tinted
States. ii is 3lml!ted Nv The honorable Chairman
that the .noaey ought be refunded and lei u, leave
the question The conduct o the jndg" 10 be deter
mined by the prcsen, age and by po,,erity Mr. ".
said, as he was extremely anxious for The immediate
passage Of this bill ..c would detan the Senate by no
additional remarks.
tie. ALLEN said he would pro,rac, this discus
zion. lie merely call the attention of the Sc
the remarkable fact, that lar from this bill,
on lis face, casting any lmpulatoa, one ay or an"t
er, The memory OF JGtge Hall, u did sol even a!lade
Judge Hall, TO the that he concern
ed in the court in question. The language of the bill
was this-"Tha, the o! thousand dollars, paid
by General Jackson as the ine supposed upon ham at
New Orleans on the 3ls Of March, 1915, be repaid 10
him.. So FAR fem carving that impu,a,ion which the
Senator frcm Gco'gia Al Bcrren) imagined to car
ry, against the charectr Of Judge Hail, did not r.
cognzs the existence Of such person, of The Court
whic, he presided Il DID not inform the world
whether this fine imposed by justice Of the peace,
or by the Supreme Conr, of The United States THIS
showed how very improper II was to connect Judge
Hall With ths business the face OF the hfi, unless
it the object OF tie Senate 10 invite attenuoo 10
lis conduct That matter Of history Nothing
that Congress could say do would change acts )"
far this oil concerned, neither Judge Han nor
ouOer ,cns lpai
ton: and the amendment u ie'ly nc"ngTnon' II
would have been On proper II move I, ameEd lhe
bill by attaching of the paragraphs IN the DC
clara,ion of Independence He hoped that thr would
be almost, not quite unanimous vote 10 dispose OF
this obstruction 10 IT. passage and that the bl sel
should pass quietly, without consuming The time OF the
Senate
hlr FOSTER said that, afer some elaboration on
.darnti LaLn iL.a g. 4