North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-05-07
JACKSON ANp.pouGLAs.

popular mind, and deserves preserya'.oi'
ITO those who enioyed the connae9ce OF Ue"1 !c
Jkon \, Il Lnoy;n t,at no event of his whole liz
rave him more concern than fhe charge so often n1aut
against him. that in proclaiming naruaI Lay :un
Orleans he had violated the Constitution o. ns ,h
trvT'his charge gave him increased pain 'Io ~
f.ct that ali his friends and saunchest @
rni,,sd the violation of the Constitution nut JIs'ou
!, nm the nIea of necessity Livingston grumpy "uu
Inqersoll, names of note, had all Le' an" -:
ed able defences of the conduct OF ue"1
ILL thew had given no qnet ia his IN nu' Inc ques
,on of the remission of the hne imposed ny JuuSe
Hall being before Congress, II hau eHcIteu dl the
virulence Of his opponents, a., ,e 70 the
ConoraI who said " he did not know how 1t was
thai man in saving his country, could violate Its
Constitution by doing SO.
IT was when the debate was drawing to close, that
amid various competitors for the Speakers ear, twas
awarded to Judge Douglas of Illinois. He was a
warm advocate for refunding the fine, and commenced
his discourse with views SO new, he at once rVeted
upon himself the attention OF the whole House. w
have not his speech, though we remember some OF
the points he made. He denied that Gen. Jackson
had at New Orleans violated either the Law or the
Constitution; contended the only question was, oid
the necessity for procaimng martial law exist Ii
it did, it violation of the Constitution 10 pro-
claim it and that did exist was adnutted oy the
Governor and Legislature of Louisiana, the Courts'
the whole population of New Orleans, as also Oy
Judge Hall himself Ii was the necessity, ne urged
which made the act legal and Observation-Disclosures,
hnt for il would have been crime. Thus, it is I'M
lawful to take the life of another; still, suppose
traveller Oh a highway besei by robber, who with
upIifted arm and cleaning knife is about to strk he,
and at this moment the traveller, to save his own
kills his adversary would it be said he killed him in
violation of the law No; the necessity In this case
would make legal and proper that which but Tor the
necessity would be crime.
So for an officer to destroy ship entrusted to him
nv country, is crime. But suppose at war with
a Foreign Power, and one of our national vessels,
well supplied with military stores, should be oVeIta-
ken by an overwhelming force of the enemy. The
captain defends his ship long there is hope, I'M
til all his men fall around him, and his capture is In
eyitable-he pauses-shall he suffer his ship to be
captured and turned against his country or shall he
serve his country by sacrificing himself and his ship
He determines the latter, approaching the maya
zne waits until his ship is boarded; another moment,
and its fragments scattered over the waters.
Will his country tarnsh his bright escutcheon or
his fame with the charge that he destroyed his ship
in violation of law2 No-but the very necessity
would make that dazzling virtue, which but tor the
necessity would be dark and damnlng crime. tits
the necessity which makes the law, not justIfes it.
Again, destroy public property is unlawful, but
suppose in time of war at OF our frontier posts,
large quantities of provisions AID military stores
should be collected, and the officer in command find
ing necessary to retreat is unable to move them
shall they be left to strengthen the enemy who Is In
of these very things, or shall they be destroyed
The officer destroys them. Can it be said he viola
ted the law in so doing! No. it is the necessity
which makes the law. 1t was the necessity at New
Orleans, not which justified General Jackson in do
ing an illegal unconstitutional act but which made
legal that which he did do Thus illustrating tand
enforcing his views, he made the effective speech
delivered the subject-so absorbed the entire at
tenton of the House, that the hour rule existing,
he spoke nearly two hours, and called forth an aPo
agy from the Speaker for permitting him 10 do So
who said he was so much interested that he I'M
conscious of the lapse OF time of which speech John
Quincy Adams said, one could now attack Gen.
Jackson without denying the necessity which was
said to have existed for proclaiming martial law.
But to the incident. 1t Is taken from H. G. Wheel
er's Biographical History of Congress, vol. Isl,
page 1872:
1.-The following anecdote in connection with this
subject related by eye witness and published
in highly respectable journal from which take
it: At the Nashville Convention of August last, we
visited the Hermitage (only twelve miles dstant) in
company With Judge Douglas of this State, and some
other of our fellow citizens The Hermitage was
crowded with people from almost every State, who
had been invited thither by the venerable patriot
the day succeeding the Convention. Gov. Clay of
Alabama was near General Jackson, and who was
himself sitting the sofa in the hall of his residence
and each person entered the Governor introduced
him TO the Hero, and he passed along. When Judge
Douglas was thus introduced, General Jackson raised
his still brilliant eyes, and gazed for moment in the
countenance of the Judge still retaining his hand
Are you the Mr.. Douglas of Illinois, who delivered
speech last session on the subject of the fine i'm
posed on me for declaring martial law at New OrI-
cans 2 asked General Jackson. | have delivered a
speech in the House of Representatives upon that
subject, was the modest reply of our friend Then
stop! said General Jackson. Sit down here beside
me. l desire to return to you my thanks for that
speech. OF are the first man that has ever relieved
my mind on bject which has rested upon il for
thirty years. My enemies have always CHARGED me
with violating the Constitution of my country by de.
claring martial law at New Orleans, and nv friends
have always admitted the violation, but have conten-
ded that circumstances justified me in that violation
never could understand how it that the perfor-
nance of solemn duty my country-a duty which,
If had neglected, would have made me traitor in
the sight OF God and man-could properly be pro-
nounced violation of the Constitution l felt con-
vInced in my own mind, that l was not guilty of such
heinous offence but could never make out le-
gal justification of my course, nor has it ever been
done, sir until you, the floor of Congress- estab-
llshed II beyond the possibility of cavi or doubt
thank you, sir for that speech. 1t has relieved INV
mind from the only Circumstance that rested painful
Iy upon 1t. Throughout my whole life, never per-
formed an official act which viewed as violation
OF the Constitution of my country and can now
go down to the grave in peace, with the perfect con-
seriousness that have not broken any period of nv
lie, the Constitution or laws of my country
Thus spoke the old hero, his countenance bright
ehea oy emotions which 1t is impossible for us to de-
scribe We turned to look at Douglas. He was
speechless. He could not reply; but convulsiyely
shakhg tne aged veterans hand, he and left The
room. Certainly General Jackson had paid him the
highest compliment he could have bestowed ON any
Individual" ''
We also remember to have heard that among the
private papers OF General Jackson after his death
was found pamphlet copy of this speech, with an
endorsement on the back of it in the hand writing of
we "eneral himself, saying 1t was the only perfect
ana satisfactory vlndicaon of his conduct which had
been made, and such he left it as an inheritance TO
his adopted children. The pamphlet is now heIeved