Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-03-28
VOL. 5O.-..NO. 10.
GEN. JACKsoN's FINE.
Washington, Feb. T.

Washington, FEB. 20, Is44.
Ma. SrAcY,--I notice in the True Democrat Of
the 2tst inst an article .ea,on to the recent &C.
,iun OF the Senate upon the Bill refunding to Gen
Jackson the fine imposed upon him by Judge Hall
in 1919, in which Il is asserted that both tho Scna.
tors from Vermont voted against doing justice to tho
hero OF New Orleans. The editor gives the vote
upon the amendment proposed by tho Committee on
the Judiciary, providing that nothing In the Bill
should be considered an npu,aon upon the con.
duct OF Judge Hall in imposing the fine" This a.
mendment was resisted by the friends Of Gen Jack.
son and OF the bill, not upon the ground that theft
design was to reflect upon the conduct Of the de-
ceased Judge but upon the ground that the bill i'm
piled no such imputaon. and that the amendment
WAS unnecessary. II such was their construction
OF the bill, saw no harm in expressing what they
considered implied, nor did I ace any injustice 10
Gen. Jackson rendering them explicit in
expressing their views
1t is true, however, that voted against the bill
upon its final passage, and for reasons which most
cheeriully submit To the good sense and deliberate
judgment Of the people OF Vermont. A more gross
deception was never practced upon The American
people than has been imposed upon them in relation
10 this matter. II has been represented that the
transaction for which the fine was imposed occurred
in the presence OF the army, and while the city ct
New Orleans was in imminent danger Indeed,
have recently it asserted that Judge Hall was
conspirng with a class OF men, who were engaged
in secret correspondence with the enemy. This
assertion is invention OF very recent origin. No
man here preends that such was the fact. Bot un-
der the impression that the conduct OF Gen. jackson
was demanded by the extreme exgency OF the case
that the salvation Of the country required that he
should put himself above all law, and trampe upon
the judicial authorities. clamor for the remission
of tne fine has been raised, and even State I,egsla
lures have sen, in their resolutions to this effect,
which show upon their face that the men who adop-
ted them were utterly ignorant OF the real facts Of
the case.
What are these factsi On the 9th of January.
1875 the decisive battle Of New Orleans fought,
The enemy were dscomlited--nearly annhiated.
Their army, already crippled by the tremendous
slaughter of that day, was daily wasting without
the means Of recruiting. Under these circumstan-
ces, renewal of the attack would have been mad
ness. There was no danger OF it, Yet Gen jack
son, having in the first place illegally and without
auth ory declared martial law, persisted in mai"-
tain ing it, citizen by the name OF Louaer hav.
ing at some time previous to the Sd of NJ ,rch,
published in the papers of the city article ofen
sve to Gen. Jackson he caused Loualliet to be ar.
rested and placed in confinement with view to his
trial by court martial. Loualier, conceivins him.
self answeraole TO civil tribunal, IL at all and not
beas co, pus which tho Judge, he bound to do
%saS e Sesxs as sed s r. Of 4as
ne,cs of peace Ind arrived The city. The General
arrested by military guard and taken out of the
city. 1t was for this act of arresng and imprison-
ing the Judge, in order to prevent the exercise OF
his Judicial functions, that the fine was imposed
1t will be seen that this proceeding was not only
a high handed abuse OF military power, trampling
upon the civil authority, but an act which had not
the plea Of nee essty to excuse it. the danger being
over and the war at end. did not deem it my
duty, under those circumstances, to give 10 the act
the sanction OF my appreciation
shall enter into argument upon point SO
cear for my own vindicaiion, nor should have no.
ticed the paragraph in the True Democrat, at all,
were it not for the purpose of removing misappre-
hension, so generally prevailing. as TO the period
when the transaction took place, and the supposed
necessity Tor such high handed measure,
u SAMUEL s. PHELPS.