The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-03
From the Richmond Examiner
Gsusral JacksOu.--An Incident

From the Richmond Examiner
General Jackssn--An I"sids"t.
We have lately met with incident in the evening
hours OF Andrew Jackson's life which 10 worthy OF
being generally known than IL is Every fact reia-
tive 10 this remarkable is interesting TO The popular
mind, and deserves preservation.
To those who enjoyed the confidence oil General Jack
son, il is known that event OF his whole HE gave
him than the charge often made against
him. tina, in proslaming martial law at New Orleans he
had violated The constitution OF his country This charge
gave him increased pain from the fact that all his friends
and staunchest supporters admitted the violation OF the
I"soD Gund and i0o Of no ess
all written and published able deiences OF the conduct Of
General Jackson still they had given quiet 10 his
mind. The Question OF the remission OF the line imposed
by Judge Hall being before Congress- had elected all
the vruence OF his opponents, all the acumen OF his
friends still The defence was not satisfactory 10 The
General who said, he did not know how il that
man in saving his country could violate lis constitution
by doing So
Twas when the debate was drawing 10 close hst
amid various competitors for the Speakers ear II was
awarded TO Judge Douglas, OF Illinois He was warm
advocate for refundng the fine, and commenced his dis
with views new that he at once yeied upon hm-
self the attention of the whole House. We have not his
speech, though remember OF the points he made
He denied that General Jackson had at New Orleans vo.
lated either the law or the consiu,on--conended The
only question was, Did the necessity for pfoclamihg
martial law exist IL did, 1t was no violation OF the con-
sution to proclaim it and that j, did exist was admit
led by The governor and legislature q LOUISIANA ne
Jude Hall himself. II the necessity, he argued,
which made the act legal and constitutional, which, but
Tor it, would have been crime. Thas il is unlawful to
take the life OF another still, suppose traveller on
highway beeet by Tobber, who with uplted arm and
cleaning knife is about to strike, and at this moment the
traveller, to his life, kills his adversary, would
], be said he killed him in violation Of law No; the
necessity in this would make legal and proper that
which but for the Necessity would be crime.
So for officer 10 destroy ship inlrusted 10 him by
hs country is a crime. But suppose with
foreign power, and of national vessels, well
supplied with military stores should be overtak ken by an
| hall Of tbn latp
his ship long there is hope, until all his men fall
around him. and his capture is inevitable He pauses.
Shall he suffer his ship 10 be captured and turned against
his country or shall he his country by sacrificing
himself and his ship' He determines on the lalter APP
preaching the magazine, waits until his ship boarded
another moment, and lis fragments are scattered over the
waters VIII his country arnish his bright e-cutcheon
his fame with the charge that he destroyed his ship IN
violation OF law No; but the very necessity would
make that dazzling virtue which but for the necessity
would be dark and damning crime 1t is the necessity
which makes the law, not iustiies II.
Again: TO destroy public property is unlawful but
suppose lime OF war, at one OF our frontier posts,
large quantities OF provisions and military stores should
be collected and the officer in command, finding neces
sary retreat, unable to move them shall they be
lett TO strengthen the enemy who is in want OF these very
things or shall they be destroyed The officer destroys
them. Can il be said he violated the law in doing so
No; il is the necessity which makes The law II was the
necessity at New Orleans, not which justified General
Jackson doing illegal and unconstitutional act but
which made legal and constitutional that which he did
DO
the effective speech delivered the subectso abb
sobcd the entire attention OF the house, that the one
hour rule existing he spoke nearly two hours and called
forth apology from the Speaker for permitting him to
do sowho said he was much interested that he was
unconscious of the lapse OF lime; OF which speech John
Quincy Adams sad no one could now attack General
Jackson without denying the necessity which was said
10 have existed for proclai ming martial law
But TO the incident. 1t is taken from H. G. Wheeler,
Biographical History OF Congress, vol Isl, page io2
T" The following nnecdote In connexon With this subjec
was related by eyewitness, and published ia hisl,
respectable iournsi from which we take II
Nashville convention oil Angus visited
the Hermitage, Comfy twelve miles distant) Ia company
JsdS D.ass m, a,s and oa5 o.
from almost every State who had been invited hiiher y,
Governor Clay, of Alabama, was General Jackson
who was himself sitting on the sofa Ia the hall OF h
tfoduced him the Hero, and he passed along. When
Judge Douglas thus Introduced, Gen jackson raised
tenance the Judge, still retaining his hand .Ae you
Mr. Douglas, of Illinois, delivered speech last
martial law at New orlcan, asked General Jack son
have delivered speech in the House Of Representative
upon subject the modest reply OF friend
Then stop said General Jackson down here besid
me desire to return you my thanks Tor that speech
subject which has rested Tor thirty My EN-
em-s have always charged with violating the constl
OF my county by decising mar,aiaw at New Or
leans. aud my friends have always admitted the violation
but have commended that circumstance. justified me in tina
violation. never could understand how was tha
the performance OF solemn duty TO my county-a do
i y which, IL had neglected would have made m
be pronounced violation OF the consttutton elC con
vlnccd my mind that gully OF such
bsinous offence but could make legal JUST
ncation of my course has IL been DONE
you floor oil Congress, established IL beyond tn
possibility OF cavl doubt thank you, sir, for TIA
speech. IL has relieved my mind from the only eircum
stance that rested painfully H. Throughout my wbo
life never performed official act whsb viewed
violation of the constitution OF my country aud
10 the grave In peace, with perfect conscious
that have broken, amy period OF lie, III
. constitution or laws ofmy county
THUS spoke the old hero his counienunce brlghtone
by emotions which II is impossible for us TO describe, IL
tuned to look Douglas. lie speeches. lie
not reply but convulsively shaking the aged veersn'
hand lac and let the Certainly Gen. jackson
had paid him the highest liment he could have be
slowed on any individual"
e We also remember TO have heard that among The pr
waite papers of Gen jackson after his death foun
panphle, copy OF this speech with endorsement OF
the back of il, in the handwriting OF the General him
self saying the only perfect and satisfactory
dicaon OF his conduct which had been made, and sucl
he lett il rs an inheritance 10 his adopted children Thi
pamphlet is believed TO be in the possession OF 4
p Blair. eeq, OF Washington.
PROFESSOR PAcrs ELECTROMAGNETIC LOCOMOTIVE
gentleman who present, and one OF those who wen
in the its trip, furnished TO the Republic the
nexed account OF Professor Pages experiment Tues
lIc.,I