Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-10-09

butte him that cOldhcarted indifference To human sui
erng with which he IS charged Sincerely do We hope
that he may be fully able TO vndcae himself.
e so ---------
Gen. Jackson and Judge Douglas.
We have lately with incident in the evening
hours OF Andrew Jacksons lie which is worthy Of be-
ing more generally known than what it is Every fact
relative this remarkable man. is interesting the
popular mind, and deserves preservation.
To those who enjoyed the confidence OF General Jack
son. it is known that Of his whole life gave him
more concern than the charge, often made against
him. that in procaimng martial law at New Orleans,
he had violated the constitution of his country. This
change him increased pain, from the fact many OF
his friends and stauncest supporters admitted the viola
ton of the constitution but justified il on the plea of ne
cessity. Livingston Grundy and Ingersol-names of
note-had all written and published able deences of the
conduct of Gen Jackson still they had given quiet
his mind The question of the remission OF the fine
imposed by Judge Hall being before Congress- il had
ELECTED all the vuence of his opponents all the
Of his friends; still the defence satisfactory
the General, who said, he didn't know how it that
man in saving his country could vioete its constitution
by doing So"
1t when the debate was drawing to a close, that
amid the varous competitors for the speakers it
awarded to Judge Douglass of Illinois. He
advocate for refundng the fine and commenced his
discourse with views newt ha he riveted up
on himself the attention of the whole House. We have
not his speech, though remember Of the points
he made He denied that Gen. Jackson had at New
Orleans violated either the law the constitutOn-cOn-
tended the only question wasDd the necessity for
tal law exist! ii ii did it violation Of the con-
stuon TO proclaim it and that it did exist admit
ted by the Governor and Legislature of Louisiana the
courts the whole population of New Orleans also by
Judge Hall himself 1t the necessity he argued
which made the legal and constitutional and which
but for il would have been crime. Thus, il is unlawful
take the life of another STILL suppose traveller on
highway beset by a robber who with uphlted arm and
cleaning knife is about strike and at this moment the
traveller his life kills his adversary would
it be said he killed him in violation OF lawl No the
cessty in the would make legal and proper that
which but for the would be
So for officer destroy ship entrusted TO him by
his country is crime. But suppose us at with
foreign power, and Of national vessels well sup
piled with military should be overtaken by
overwhelming force of the eneny-the captain defends
his snip long there hope, until his fall around
him and his capture is inevitable. He pauses Shall he
suffer his ship be captured and turned against his
country shall he his country by sacrificing him.
self and his ship? He determines on the latter: ap-
preaching the magazine he waits until his ship is board
ed another moment and its fragments are scattered over
The waters Will his country tarnish his bright
cutcheon his fame with the charge Of destroying his
ship in violation of law! No. but the very necessity
would make that dazzling virtue, which but for the
cess.ty would make dark and danning crime. 1t is
the necessity which makes the law, not iusiifcs it.
Again: TO destroy the public property is unlawful;
but suppose in a time of war, at of frontier
posts large quantities Of provisions and military stores
should be collected, and the officer in command finding
necessary retreat, is unable TO them shall
they be left strengthen the enemy who is in Of
these same things, shall they be destroyed? The off.
Ger destroys them. No; it is the necessity that makes
the law. 1t the necessity New Orleans not IN
ustiying Gen. Jackson in doing illegal and unconsti-
tutona act but which made legal and constitutional that
which he did so.
Thus illustrating and enforcing his views he made
the most effective speech delivered the subect-so
absorbed the attention of the whole House that the
hour rule existing he spoke nearly hours and called
forth apology from the Speaker for permitting him to
do so-who said he much interested that he was
unconscious of the lapse Of time; Of which speech John
Quincy Adams said, no man can attack Gen. Jack
son without denying the necessity which was said to
have existed for proclaiming martial law.
The following anecdoe in connection with the subject
related by eye witness, and published in high
ly respectable Journal from which take IT
At the Nashville Convention Of August 1914, Wis
tied the Hermitage, (ony - miles dstan) in company
with Judge Douglass Of this State and other Of
fellow citizens. The Hermitage crowded with peo-
pie from almost every State who had been invited hther
by the venerable patriot the Gay succeeding the Con-
venoE. Gov. Clay, of Alabama, was near Gen. Jack
who was himself sitting on the sofa in the hall OF the
residence and each person entered, the Governor in
troduced Kim TO the hero, and he passed along When
Judge Douglass was thus introduced. Gen. jackson
raised his still brilliant eyes, and gazed for moment in
the countenance of the Judge still OBTAINING his hand
care you the Mr. Douglas of Illinois, who delivered
speech last session the subject of the fine imposed
me for declaring martial law at New 0reansl"
asked Gen. jackson.
az have delivered speech in the House of Represen
taves upon that subject the modest reply Of
friend.
''Then stop !" said Jackson, sit down here beside
me. desire to return yon my thanks for that speech
You the first man that has relieved mind
the subject which has rested upon it for thirty years
My enemies have always charged me with violating the
constitution of my country by declaring martial law
New Orleans, and my friends have always admitted the
violation but have conceded that crcums justified
in that violation"
81 never could understand how il that the peror-
nance of a solemn duty to my conntry-a duty which
had neglected would have made a traitor an the
sight of God and mancould properly be pronounced Va
olaton of the constitution. felt convinced that
not guilty of such heinous offence bnt could never
make legal justification Of my course, has
ever been DONE sir, until you, the floor OF Congress-
established it, beyond the possibility of cavil doubt
thank you for that speech. Ii has relieved my mind
from the only circumstance that rested painfully upon it,
Throughout my whole life never performed official
which viewed violation Of the constitution ofmy
country and can go down TO the grave in peace,
with the perfect consciousness that have not broken
any period Of my life, the constitution laws OF my
country"
Thus spoke the old hero, his eounenance frightening
bv emotions which is impossible for us to describe
We turned to look at Douglas. He was speechess
He could not reply but, concusively shaking the aged
veterans hand, he and left the ROOM Certainly
Gen. jackson had paid him the highest compliment he
could have bestowed on any individual.
We also remember TO have heard that among the pr-
vate papers OF Gen. jackson after his death found
pamp' let copy OF this speech, with Endorsement
the back oft, in the handwriting of the General himself
saying il the only perfect and satisfactory vndica
left il inheritance to his adopted children. The
pamphlet is now in the hand Of +. p. Blair, ESQ., Of
~ 8 ~. ili'aa go - ---------- ii.lcr
OF We heard this morning Of some contracts for hogs
Tho nrfrn ~