Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-01-06

pas without which great writ citizen on the face OF
the earth ever has been, Will be, free The Judge,
however, directed, act Of courtesy TO General
Jackson. that nctce shonld be given to him. Notice
was given, and Immediately another military order was
ssued by The General, that for line arrest OF
Judge Hol. This order was accordingly executed
troop of sixty men, commanded by field officer, en-
tered ia duty of arrestng the Judge OF one OF the
courts of the U S. and be arrested and canhntd
On the same Sunday night, General Jackson sezsd
and forcby detained the order OF the Judge endorsed
On the back of the writ. supposng that, by this sum-
mary and bold Transaction he would be able to prevent
further proceedings The clerk who had this IN his
possession demonstrated and told the General that 1t
the order OF the court that paper should go out
Of his office any account On the next day, the writ
was served by The marshal when General Jackson
told him significantly that he had already shopped the
Judge, and would serve in the way any man who
invaded his camp Judge Hall KEEP; prisoner TIL
the following Saturday or Sunday when, under
. ther military ORDER he taken from his confinement
and marched on with guard OF lille OF soldiers some
four or Eve III les up the country above New O'i-1ns,
and Then Liberty, with directions not 10 appear e'
Few Orleans aga;n unul the end OF the war, or until
official INTEL gence received Of peace. On The
23i Of MaIch peace having been restored, Judge Hall
returned 10 the city, and Immediately opened ils court
hen application was 'nade, by proper deposons t1r
rule against Genera Jackson t, show caGse why n
should not be punished for contempt Of the court. On
scented that somewh hat famous defence which the gem
; lleman from Pennsylvania referred to- |. his
summary mode Of conducting defence in court Of
law he had m'stlken the ard mode of making
lis defence, and Judge He'll refused To receive ard
cord The paper IL, was right III dong But 1T u
(sl:d ilf. b. sea Tor moment whether the Jndgc
Conducted himself in ARBITRARY AID il!iheral manner
in refusing 10 receive the paper He laid down GER
alG rules Tor the government OF THIS case lst II The
party objected to the jurisdiction, the court ready
10 h,nr tho ofpr In rhnit an a-uu
ment to show thai contempt offered, the cour,
ready To hear. Sd And if the party would offer
apology for his conduct the court ready to hear
The attachment having issued, and General Jackson
appearing, certain nlerrogntores were propounded to
: h,m, which he refused 10 answer and he was lined
$1,000. There another great mistake conmit!e d
in the pamphlet of the gentleman from Pennsylva
Here the honorable gentleman having turned his back
on the reporter, addr. SIS himself to tie gentleman
from Pennsy !sena rendering i, impossible for the re
porter TO hear him. This part Of has remarks is conSe-
; quentIy emitted
But he would pass on 10 more imporan! subject
The other branch of The gentlemans pamphlet made
out that General jackson guilty Of no offence
against the Constitution and The laws, because he had
suspended tn. laws By proclaning martia! law from
the necessity Of the and Of that ty he was
the sole Judge, his responsibility being only - the
people. This was what General Jackson himselr sad,
in hrs defence which he offered t. the court. Mr.. y.
read exacts, supposed 10 be from the defence of
could not car.I The Constitution gave Congress aa-
tho7y pass lacs for the regulation Of the armies Of
the United States; and under that, Congress had pas
LAYS FOR the government Of the army and navy, and
the militia. That code aprlica5le ID The officers
and SOLDIERS, and the m.!ia when III service but /, was
not applicable 10 any other human being Congress
itself could not proci'm marital law. 1t might sus-
pend the haheas corpus act, hn: could not suspend
the Constitution. proclamation OF martial law by
the Congress OF the United States would, CT ITSELF be
u violation Of the Constitution. Congress could not
authorize the citizens of The United States TO be tried
by martial law; leas. of all, could it authcrse citizen
to be tried spy This vas what Genera, Jackson
undertook To do. lie not only suspended the hahea;
corpus uct but he claimed the right of suspcndng all
civil authority. In England, under the reign oil the
Stuaris this sort of mar,cl law did exist, to limited
extent. The Kings Of England prior 10 that reign,
were in The habit of raising armies and prescribing
rules for their government and authorizing courts mar
tal. They went step further and in case OF tres
SON rebll on, authorised the trial Of citizens by mar
,al law. But, in 1858 it was, by the declaration IN
the bill Of rights, in express terms, put an end to-
After that, the King more TO .ase armies, bu
by the consent Of Parliament more 10 prescribe
rules and regulations for the government OF the army
and more from that lime, forever, 10 subjsc; cit
zens no matter for What treason rebellion, TO trIa
by courts martial. Il was under The Constitution o
the States, tina, the first example Of such trial wa:
set by Gen. Jackson
He contended that the United States Constitution
contemplated the subsection of the military t. the CIV
power; and he denied that the &C, OF Gen Jackson was
justified by any necessities of the case. lie admitted
that, under Certain circums,ances-as in case Of in
surrectlon-la hdJeas corpuS might be suspended; hu
denied that Grn Jackson had the power t. proclaim
marital law II not competent for .enefa, N
the defence Of American sill t, force citizens lnt" ser
wee He was bound 10 defend the soil with soldier:
ard with militia and if he could no: co so with tha
force he must yield; for lie could not force any Tree
citizen into the service of the country
But New Orleans never invaded ond the battle
H.ef1
city; thus there not only invasion, but no lnsur
rection lie proceeds to ecapi'uate other facts an:
circumstances To show that Gen. Jackson was not au
horlzed 10 nke the he had pursued, until me ex
pira,ion of his hour; when he gave way with an int
nation that he should avail himself OF ano'her oPpo'
.uni.y to finish his remarks.
Mr. DAWSON then addressed the committee as fol
lows:
Mr. Chairman: 1t was my ardent wish TO have seer
this oil passed without discussion But as have heer
disappointed in my desire cannot resist the impulse
10 Join in this debate. II is natural, and believe Tor
unate for the public welfare that statesmen shoult
entertain honest differences OF opinion Every Tree
man IN The land has rig to think and act ior hmseif
He has right choass which d. ne VIII lake on eve
ry public or national subject oil debatt; but he has M
right 10 insult abuse, TO vituperate those "h'
stand opposed TO him in cpln'on cri ciSpcseh - &c
sec, and tolerate every mans opinions, go long as ~
IS decorous nnd sincere; and claim the same 'Eo"'
gence in my own behalf.
IAN a party man. in the slrictest and most coTipre
hensive sense of the term opposed 10 all neutra
ground | wish TO see party lines distinctly drawn
8 and well understood With this did confession,
now ask there honorable member IN this iiorst
HI VIII rise in has place aud conscentonsiy say thai
he considers tins party question: No; In9ensi ole
cold and icy would be the hear, that would make shci
!, a response The heart that would make such re-
Spouse would view every NOBLE daring, and pa'not's
act as insanity; would treat all the warm ard gener
Gus affections Of the soul as Illusions; and would we"
with pity if not with contempt the warm lmas'naliof
and tender sensb Lilies Of genius. No; we are aoou
to call up around The pleasing recoecons oil oy
i, gone days We about to discharge debt 70 Inc
patriot, hero and sage. We are not called upon &c
bind The wreath of mil tary glory and renown sroane
his oped brow but to co act Of justice to wounded
spirit, now almost spent and fast sinking INTO The
tomb In mercy he continues to bum like lamp on
the altar Of freedom; and trust thrt he WA i've 'f
hear nations voice of gratitude, before ITS ilght e1
pires forever. Let me entreat you, humby, Out SIN
cerply not to hesitate Surely there is no virtue thai
bears a oveer aspect, or breathes puer fragrance
than gra,itude-a nation gratitude. II chns'ens wee
it guides virtue, and gives al once grace a"o govern
, menl to genius. N; this is party question. 10 the
he at and acrmony party siie and political struggle
Truth may be drilled from the splendid circle m which
she is want to shine, into The comet m7ze Of Error