, 1858-01-29
REMARKS OF MIR. DOUGLASS,
Made in he Senate Of &e U. s. Congress, January
Oh, lsl4

Oh, lsl4.
Concerning bill introduced into Congress in thu
year ls44, refunding to Gen. Jackson 81 900 Will
| interest thereon from 1915, which was imDoset
upon him for proclaiming and enforcing MARTA
Law In New Orleans
Mr.. DOUGLASS, Of Illinois, observed that wher
this bill was introduced by the learned gentleman
from Pennsylvania, lMr. q. J. IngersOll,l be haG
hoped that il would be permitted to pass without dc
bate, and without amendment; but the character 0
the amendment submitted by the gentleman from
Georgia, Mr.. Stephens and the debate that had IA
ken place that amendment and on the original bill
had been extraordinary to justify and requir'
the friends of the bill to 80 into the discussion Of th
whole subject For one he was not prepared ~ shrnl
from any question connected with the subject; mo-
be prepared to admit the correctness OF the i'm
putations cast on the supporters Of the measure By
the gentlemen who had spoken in opposition to ii
II had been stigmatzed as an anerthought or part!
trick as a humbug, as an atteuipt 10 make polltic1
capital for the next presidential electiOh-
Mr.. DICKINSON here explained, that IL the gen
tleman alluded " him, he had confined his remark
| 70 the speeches and not TO the bill.
| Mr.. DOUGLASS continued. He thought fall
construction required him TO say that the gentema
confined his remarks TO the speeches made In supper
not, and who attacked the b itself He then hurle,
back in them any imputations on the sincerity o
those who advocate the passage Of this bill. We havi
been told, continued Mr. D., that are the preten
take the opposite ground are bis real friends Yet ID
the very next breath, we find them den0uncing hin
as yiolater Of the law and the Constitution and a,
having tramped on the rights Of the judiciary. He
applied these remarks TO the gentleman from Tennes
sec, [Mr. PeytOn,l SO far as be he imputed TO a ma
jority Of the House the Introduction Of humbug; SC
far as he asserted that political design for tho
purpose Of procuring political capital for the nexi
Mr.. PEYTON asked leave to explain. II the gen
tomen would recOllect the commencement Of his re
Marks the other day. he would lind that he prOesset
bis wish to vote for the bill, and alluded to the spec
che. and action on It here as humbug, and desigr
Mr. DOUGLASS said be alluded 70 the spceche,
OF gentlemen on the other side, when he character
ized them - humhnga and - political design; FOL
son, while they were casting obloquy on his name
Well might the old hero say, God deliver from ny
friends, II their friendship Is such as this.
Mr.. d. insisted that this bill was brought forward
In gsOd fath as an act Of justice-justice 10 Genera
jackson as well as TO the American people. To re
fuse 10 pass IT, would be act Of the grossest njus
tice 70 the American people, and would stamp them
with ingratitude TO their bavest defender He wa,
not one to admit that General Jackson VIOLATED the
Constitution or the law, at New Orleans. He denied
that he violated either. He insisted that the genera
rghtfuy performed evory act that his duty required
and that his right 10 declare martial law, and enforce
Il, resulted from the same source, and rested the
aame principle, that the gentleman from New Yorl
[Mr BamaFdl asserted, from which Judge Hall deri
we'd the authority to punish for contempt, without
trial without witnesses, without jury, and without
anything but his own arbitrary will. The gentleman
asserted that the power to punish for contempt wa
not conferred by the statute, by the common law
but Inherent IN every Judicial tribunal and legs
latiVe body; and he cited the authority Of the So
preme Court to support the assertion. He said thai
this power was necessary 10 the courts 10 enable then
to perform the duties which the laws entrusted h
them, and from the necessity of the case. Now
Il was om the same source that the power 10 declar
martial law was derived-its necessity in time Of wal
for the defence Of the country The defence Of the
lives and liberties Of the peopeas well as their pro
perty being all entrusted 70 tAe discretion Of the
commanding general, II became his duty to declar'
martial law, II the necessity Of the required Il
II Il became necessary 10 blow up fort he was au
thoiized TO do Il; 10 Il became necessary to sink
vessel he authorized to do It; and II il became
necessary 10 burn city, be authorized to do IL
The necessity Of the cse the law 10 govern him
and he on bis resp0nsh must judge Of the exist
Of that necessity. II the first law Of nature
which authorized a man TO defend his own person
and his wife and his children at all hazards Il was
that law which authorized this body te repe aggres
sion and insult and protect itself In the exercise o
it, legislative functions; and Il that law which
authorized courts Of justice to defend themselves and
punish for contempts. He acknowledged that this
was highhanded and despotic power-oue that was
only 10 be exercised when necessary, and which ceas
cd when the necessity no longer existed. Such wai
the power under which General jackson declared
martial law at New Orleans. On this part Of tht
subject he cid not intend 10 60 into the history Of al
the occurrences Of that perodthey had been detail
Cd In most faithful and interesting manner by The
gentleman from Louisiana, [Mr. SlideLl II was sui
hcient for him 10 know that General jackson, VIII,
the commanding general, deemed Il necessary Il
declare martial law 10 order 10 defend the city. L
was sufficient for him 10 know that the Governor
Legislature Of the State deemed 1t necessary. wa
sufficient for him TO know that the courts and th,
whole population Of the city deemed It necessary
and il was sufficient for him 70 know that this mmac
ulate Judge Hall himself deemed II necessary Ay
auar
did he not understand the Constitution and laws whei
he advised the general TO declare martial lawl Dit
he deem that his advice To the general was to tamp
on the lawsl Was he peridious when be gave sucl
advice? Was he laying trap for General jackson
10 ensnare himg Was II in good faith first 10 adyis
him to declare martial law, and then punish him 70
itS One Of two things was true either that he though
il was the generals duty to declare martial law, O
that he a false, peridious enemy, seeking to be
tray him. The most charitable conclusion was tina
Judge Hall did believe that martial laww necessa
ry; and seeing the near approach OF the enemy-see
ing the traitors in the camp and seeing the impend
ing danger, did advise the general TO declare MARTA
law. Then what right had he to arrest the execution
OF n II the general had the right to declare MARTA
awt was his duty b execute It and Judge Hall had
right TO arrest the execution Of it, But let us fsai,
Mr.. D.) take another view Of the subject Gentlemen
in this discussion had assumed, with much bOldnesN
that the judgment rendered by Judge Hall was a e
gal one, and In conformity with the strictest rules
Justice. Now let ns examine and soc II it he So In III,
limited time allowed him, (Mr. n J he would not o.
this part Of the subject, question the power OF III,
judge 70 punish for contempt He would not for tn,
sake Of argument, question the power Of the Judge l.
punish at bis own arbitrary will and discretion with
out trial. without witnesses, &c. He would eonced,
the position that the Judge had the right to punsl
for contempt aud then he would contend that be hai
no right In this case TO render that Judgment ant
that the Judgment was Illegal. Now he took thi
ground; that the declaration Of martial law Of tse
was no contempt Of the court; and If it was Illegal
was crime for which the general was responsible q
court martial, or IN the civil courts hut the law q
contempts could not reach him. Then did Genera
Jackson do any act that amounted tO contempt Ger
ainly not We told that he arrested the French