, 1858-01-29


tempt OF court In that act Then rs to the arrest and
Imprisonment Of Judge Hall himself There was no
contempt Of court in that act; for when the arrest
was made, Judge Hall was not sitting in court, but
was at his lodgings as private citizen. No
pretend that, If judge Of one Of courts is assault
ted or otherwise maltreaed in the streets he can go
and open his court and then summon the party before
him aud try him for contempt fn such a case, q
Judge must seek redress like any other private citizen
General Jackson, therefore, in arresting Judge Hall
subjected himself II the act was Illegal, to indict
ment for the false imprisonment Of citizen, but by
no means rendered himself liable for contempt Of
court But they told that the real point was the
refusal Of the general 10 obey the writ Of habeas
pus for LouaIer. Now, II must be borne in mind
that that writ issued the 5tb and was retuTna
bic the 9Th, at IL o'clock, but it never shown
to seen by General Jackson till after the hour at
which Il was retuuable. The writ was, therefore,
nullity-it WAS dead, and il was impossible for the
general To obey or answer II when It was shown for
L was then no longer Of any force whatever. The
general however, on being brought before the court
submitted his answer on OATH and in which be purged
himself Of the contempt according to law; but the
judge, in q most arbitrary and tymnnea manner,
fused TO receive the paper and entered the Judgment
against him. II the refusal TO obey the writ Of habeas
corpus was contempt still the general purged him
self by oath, that had never come to his knowledge
till after it was retunable.
General Jackson did IL in this case. and the state.
ment not contradcted; aud still the fine was lille
gally imposed lie, (Mr. d. willing TO stake this
case on the mere question Of law and he defed any
lawyer with the aid Of all the technicaites that could
he res0rted 10 IN the case 10 show that General Jack
son was guilty OF a contempt within such meaning
as would properly subject him to the fine that was
imposed. Some gentlemen had discussed this ques
ton IL the declaration Of martial law itself
contempt; but he defed them to point out single
distinct fact which amounted to a contempt. But let
that pass.
The gentleman from New York [Air. Barnardl had
pronounced this hill unprecedented. He had said,
and others had said too that it attempt to
set aside decision OF court Of justice and to repu-
it unprecedented 1t might bo unprecedented 10
remit fine for declaring martial awi Tor the mposi
ton Of such dne was unprecedented. They had
been told that martial law had been declared by Gen
Wilkinson, and yet punishment was inflicted for
that II had also been done the shores of the lakes
by General Gaines; and he (Mr. had no doubt that
II had been done by others without any fine being i'm.
posed, and hence no fine had been refunded. But
bills refunding fines, and penalties and assessments,
and damages, imposed on military commanders, un-
precedented. II they would take the pains to look
through the speech Of the late candid and sincere Dr.
Linn, Of whom no one could speak but with respect,
they would find many cases, commencing in the last
century and coming down to the present time in which
bills Of this kind bad been passed. That had been the
settled and the uniform policy Of this Government;
and the question now was, whether the hero Of New
Orleans should be excepted from the general of
legislation. Whoever recorded his vote against this
bill, stigmatzed the character, and Affixed stain on
the fair fame Of General Jackson which Congress had
uniformly refused TO permit to remain the charac-
exception Why this unjust, this ignomnious excep-
tonl Was there any thing in the conduct Of General
Jackson at New Orleans that required that he should
he made an exception Was there on this floor
that had the hardihood to say there was, and TO i'm
peach the motives the purity, and the fidelity Of Cen
eral Jackson in any act he did at New Orleans1 Was
there there that would pretend to deny the ne
cesSty for the exercise Of that high summary author
ity To which General jackson compelled TO resort.
Was there there who would pretend that Gener-
al Jackson did not save the city and the country and
the lives and property Of the citizens, by that very
ercise OF high authority
These things would not be questioned. The neces-
sity and the glorious effects resulting from the
which that necessity prompted, acknowledged by
the whole country, and he would even say, by the
whole civilized world. Then far as this bill was
concerned, he (Mr. d. cared not whether their acts
were legal or Illegal He cared not whether General
jackson violated the Consultation or not. He cared
not whether General jackson suspended all civil auth
onty not IL his acts necessary TO the defence
Of the country, that necessity above all law Gen.
jackson hazarded everything; he hazared both life
and reputation on tnat STEP which might render him
immortal Il II saved the country, Or on the contrary,
make him ignominions, and by-word and reproach;
and the that dared to do that deserved the protec
ton and the pandits OF his country He did not envy
the feelings Of that man that would get up and talk
calmly and eOoly under such circumstances, about
rules Of court and techncalitles Of preceding and
the danger Of example, when the city might be in
flames and the utmost barbarity might be committed.
What were rules Of court but mere cobwebs when they
IOund an enemy Will MS cannon al tne doors OF their
courts and when they saw the flames encircllng the
cupoal Talk then about rules Of court and the for
mality Of proceedings. The man that would do this,
would fiddle while the Capitol was burning. LSensa-
toni He envied not any man the possession Of such
stoical philosophy Talk about illegality Talk about
formahtiesl Why, there was but one formalty to he
observed; and that the formalty Of directing the
cannon, and destroying the enemy regardless Of the
MEANS whether il be by the seizure Of cotton bags
the seizure Of persons If the necessity Of the case
quired IT, The God Of nature has conferred this right
on men and nations; and therefore, let him not be
told that it was unconstitutional To defend the
try let him not be told that 1t was unconstitutional to
the necessary means. The Constitution odOp-
ted for the protection Of the country and under that
Constitution, the nation had the right 10 exercise all
the powers that necessary for the protection Of
the country II martial law was necessary TO the sal
vatiOn Of the country martial law was legal for that pur
pose II was necessary for judge, for the preser-
vation OF order to punish for contempt he thought It
was necessary for general TO exercise acontro over
the cannon to imprson traitors and TO arrest spies,
and TO intercept communications with the enemy. II
this was necessary, all this was legal.
But the ground on which he placed the defence
and he denied that Gen. jackson did any act which
was not justified by nghtful and legal authoritywas
as high and sacred as that Of selfdefence. Cen.
Jackson did not exercise any unnecessary arbitrary
authority lie did not suspend the civil law, nor
close tho civil tribunals, any farther than was neces,
sary for the carrying out OF the military defence Of
the country. To this extent he did do IT, and 70 this
extent 1t right that he should do it, In other re-
spects the civil law and the courts were In full force.
True Gen. Jackson would not allow them TO commu-
nicate with the enemy but they eoud not surrender
ought to the enemy be deprived them Of the power
to commit treason but he deprived them Of no power
that honest would desire to exercise. he I'M
posed restraint that any devoted to the coun-
try would regret and the men who instgated the
proceedings against Gen. Jackson were the men who
skuked in the hour Of danger.
But be wished 10 call the attention Of the commit
tee to the conduct Of General Jackson after hostil
ties had ceased He wished the committee to direct
their attention TO that closing scene, which showed
the true character and purposes Of the Whist
the British forces our borders-whilst danger
continued to exist-whilst treason remained in his
camp-whilst there was no necessity to use exertiOn
he stood firm and undannted erect and ready TO take
any responsibility and to defy any restraint to face
any authority or enemy, either civil or foreign, or
military. But the moment the official news arrived
that peace was declared-the moment the enemy re-
treated-the moment that danger ceased, and the
necessity for the rigid exercise Of his military autho
ty ceascd-he submitted 10 the civil tribunals he
went into the court and there stood erect and calm
preserved that order which the judge himself could
not preserve and there submitted 10 punishment.
Did not this fact Of itself show that he never intended
To violate the Constitution or the law? Did it not
hn