The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 115
xxiv, 696 p. ; 25 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Congressional gldbe.
principle, asked us, the other day, why martial
law had not been declared here and at
Baltimore during the last war? It was because there
was no occasion for it, or because General Jackson
was not here. If martial law was not enforced here,
there was a law far more obnoxious—the law of
British bayonets, in the hands of British soldiers. If
martial law had been declared, perhaps the Cap-
itol would not have been destroyed; perhaps the
monument erected to the memory of fallen heroes
would not have been broken in pieces. No, sir;
there was no martial law, but the motto of the Ro-
man general was practically enforced—"Inter armis
silent leges."
I ask whether it is better that martial law should
prevail, or the law of British bayonets? Sir, the
gentleman makes nothing by adverting to these
facts. There was martial law at New Orleans, and
the city was successfully defended, and the honor of
the country nobly vindicated.
Again, the gentleman says that General Jackson
failed to obey the writ of habeas corpus; that he de-
fied the laws of the country, and treated with disre-
spect the judge. But gentlemen must remember
that Judge Hall was himself the abetter of the trai-
tor Louallier. They may, if they choose,range them-
selves under the banner of a British judge, who
was acting upon treasonable motives; but we of
the Democratic party range ourselves under the
banner hung out by General Jackson in defence of
the country's liberties; a British judge and treason
on one side—General Jackson and the glorious de-
fence of the country on the other. We hesitate not
to take our stand upon this issue. Gentlemen may
take the other side if they please.
One word in regard to the violation of tJie Consti-
stution and laws, alleged to have been committed by
Genera] Jackson.
It has been insisted, with great force, that the
power to punish for contempt is necessary for the
preservation of the authority of courts. On the
same principle, therefore, I contend that the general
of an armyhas the power to declare martial law; and,
as arms are superior to civil authority when brought
into collision with it, the civil law must yield to mar-
tial law. The very act of proclaiming martial law sus-
pendsfor a time the civil, law so far as they come in
conflict. Judge Hall, therefore, had no more power
or authority than a private individual, and General
Jackson was not bound to obey his mandate. But
there are some facts connectcd with this transaction,
which, even if Judge Hall's authority was in full
force, would exculpate General Jackson from all
blame for the violation of that authority. It ap-
pears from the records of the case, that the
affidavit of Louallier was changed—so changed
as to become a forgery; and, being a forgery, was
not an instrument upon which the court could act.
The writ of habeas corpus must be predicated upon
an affidavit. There was no affidavit in this case,
such as the law requires; therefore the writ of habeas
corpus was a nullity, and General Jackson was no
more bound by it than he would have been by a
piece of blank paper.
He would make one more remark before he
closed. The gentleman from Tennessee, in his de-
sire to show the strength of the opposition to Mr.
Van Buren, said that, inasmuch as he was defeated
for the presidency in 1840, he would be again de-
feated in 1844. Now if that was a good argument,
it applied with more force to Mr. Clay than to Mr.
Van Buren; for the former has been defeated three
times already. But he had 110 fears of Mr. Van
Buren's defeat in the coming election. The thou-
sands of promises made by the Whigs in the last
contest having been violated, the people would not
be so willing to trust tlicm again.
Mr. SCHENCK next got the floor; but gave
way to
Mr. BARNARD, who submitted, as an amend-
ment to the amendment, to strike out the proviso,
and insert, "that it is hereby declared that this re-
mission of the fine imposed shall not be deemed or
taken as an expression of the legislative opinion, af-
firming in any way the right of a military command-
er to proclaim martial law in this country, or to in-
terrupt or forcibly suspend, by military power, the
exercise of the civil authority."
The CHAIR said that, inasmuch as the gentle-
man from New York had already addressed the
House one hour on this subject, he could not speak
again till others had spoken.
Some conversation followed; when Mr. SCHENK
yielded to
m
Mr. JAMESON, on whose motion the committee
rose and reported progress.
On motion by Mr. THOMASSON, the use of the
hall was granted to the Agricultural Society on
Wednesday next.
The House then adjourned.
The following notices of petitions presented 'to-
day, were handed to the reporters by the members
presenting them:
By Mr. E. J. MORRIS: Petition of citizens of
Philadelphia, praying an appropriation for the con-
struction of a dry dock at that port.
By Mr. TYLER: Petition of John B. Hawley,
and 499 other citizens of Chautauque county, New
York, praying for the reduction of the rates of post-
tage, and the abolition of the franking privilege.
The petition of Jonathan Austin, George White,
and others; and the petition of John H. Reed,
and others, praying for the erection of a light-house
at the mouth of Cattaraugus creek, New York; and
for the further prosecution of the unfinished works
at that place.
Mr. TIBBATTS withdrew from the files of the
Clerk's office the petition of the heirs of Nathaniel
Asby, of Kentucky, and presented it; and the same
was, on his motion, referred to the Committee on
Revolutionary Pensions.
By Mr. J. BROWN: Petition of sundry citizens
of the city and county of Philadelphia, praying
an appropriation for the construction of a dry dock
at that port.
By Mr. HAMLIN: Petition of Andrew Blake
for a fishingjjiounty, and the evidence accompanying
the same: referred to the Committee on Commerce.
Also, taken from the files of last year, the petition
of the inhabitants of Bangor, Camden, Belfast, Lin-
colnville, Prospect, Bueksport, and of ship-masters
and ship-owners, and the papers accompanying the
same, for an appropriation to erect buoys on Mussle
Ridge.
By Mr. FICKLIN: Petition of G. G. Shellenber-
ger, and 84 others, praying the establishment of a
hemp agency in the State of Illinois: referred to the
Committee on Naval Affairs. And, also, the pro-
ceedings of a public meeting holden at Vineennes,
relative to the improvement of the Great Wabash
river, from the western terminus of the Wabash
and Erie canal, at Terre Haute, to its junction in
the Ohio river: referred to the Committee on Roads
and Canals.
By Mr. DODGE: Memorial of the trustees of the
town of Racine, Territory of Wisconsin, asking
Congress for an appropriation for the completion
of a harbor at the mouth of Root River, at the said
town of Racine: referred to the Committee on Com-
merce.
By Mr. OWEN: The memorial of John Mclntire
and 303 others, citizens of Indiana, praying for the
appropriation of the unsold lands in the Vmcennes
land district, towards the completion of the Cross-cut
and Central canal, from Terre Haute to Evansville.
Also, the memorial of B. Royston and 172 others,
to the same effect: referred to the Committee on
Public Lands.
Also,-the memorial of John TT. Kleppart and 85
others, citizens of Ohio, praying the abolition of the
franking privilege and the reduction of rates of post-
age: referred to the Committee on the Post Office
and Post Roads.
By Mr. J. W. DAVIS: Petition of John Shank-
lin and 150 other citizens of Indiana, asking a dona-
tion of lands in the Vmcennes district, to assist in
completing the Wabash and Erie Canal: referred to
the Committee on Public Lands.
By Mr. WENTWORTH: Petition of sundry
citizens of McLean county, Illinois, for the estab-
lishment of an agency in the State of Illinois, under
the direction of the Secretary of the Navy, for the
inspection, test, and purchase of water-rotted hemp,
referred to the Committee on the Naval Affairs.
Also, petition of sundry ritizens of La Salle coun-
ty, Illinois, for leave to relocate their school section.
IN SENATE.
Monday, January 8, 1844.
The PRESIDENT pro tem. laid before the Sen-
ate a report from the Committee on Public Buildings,
showing the amount of expenditure, and the manner
of the expenditure of money appropriated for the
public buildings; which, on motion of Mr. DAYTON,
was referred to the Committee on Public Buildings
and Grounds, and ordered to be printed.
Also laid before the Senate a communication
from the War Department, transmitting a report
from the Topographical Bureau, in compliance with
a resolution of the Senate of the 27th ult., of the
Erobabie cost of connecting Lake Huron with
,ake Superior by means of a canal around the falls
of St. Mary's; which, on motion by Mr. PORTER,
was referred to the Committee on Roads and Canals.
Also, a report from the Secretary of the Treasury,
made in compliance with a resolution exhibiting the
number of suits instituted by the United States
against citizens of Illinois and Wisconsin, since the
4th of March, 1842, for alleged trespasses upon the
public lands, and proceedings thereon.
Mr. WRIGHT presented a petition from Samuel
Thompson, of the city of New York, setting forth
that, in January, 1834, he was employed Dy the
Secretary of the Treasury to superintend the erecj
tion of the custom-house m that city, under agree-
ment by which he was to receive a certain per cent-
age on the expenditures for the building. That he
was thus continued until May, 1835, when the Sec-
retary refused to pay under the manner stipulated
for, and offered to pay him a specific sum. He re-
fused to receive it, and now asks Congress to give
him the amount to which he was entitled by the
original agreement: referred to the Committee on
Claims.
Also, a memorial from a large number of mer-
chants and manufacturers of New York city, setting
forth that they are engaged in the hardware busi-
ness, and praying Congress to modify the duties
imposed, by the present tariff, on certain descriptions
of iron; believing that they are too high for revenue,
and prejudicial not only to the interests of merchants
and farmers, but to the manufacturers also: referred
to the Committee on Finance.
Also presented a memorial from the Harlem
Railroad Company, and from John Fargee and
others, residents of the city of New York, praying
to be relieved from the payment of duties on rail
iron contracted for and ordered previous to the pas-
sage of the present tariff law: referred to the Com-
mittee on Finance.
Also, a memorial from the Chamber of Commerce
of the city of New York, praying the establishment
by Congress of the warehousing system. Mr. W.
said he thought proper to remark, that, in present-
ing a similar memorial, he moved its reference to
the Committee on Finance, believing then, and as
he now believed, that it was the proper committee.
A motion was made, however, to refer it to the
Committee on Commerce, which at that time pre-
vailed. He would move, in accordance with the
wish of the memorialists, that the memorial be
printed; and make another motion to refer it to the
Committee on Finance.
Mr. HUNTINGTON said similar memorials had
already this session been referred to the Committee
on Commerce.
Mr. WRIGHT acquiesced, and it was referred to
the Committee on Commerce.
Mr. JARNAGIN presented a petition from Peter
A. Carnes, late a sutler in tlie army, praying com-
pensation for losses sustained in consequence of ir-
regular orders of the War Department; and to be
protected in his office of forage and wagon-master,
recently conferred upon him by General Jesup, and
from which he had been irregularly dismissed: re-
ferred to the Committee on Military Affairs.
Mr. BUCHANAN presented a memorial from a
number of merchants of Philadelphia, asking that a
drawback may be allowed on exports of spirits dis-
tilled from foreign sirups, equal to the duty on the
imported article: referred to the Committee on Fi-
nance. . .
Also presented a memorial from citizens of Penn-
sylvania, asking Congress to make an appropriation
for continuing the works in the harbor of Erie: re-
ferred to the Committee on Commerce.
Mr. CRITTENDEN presented a petition from
certain citizens of the county of Philadelphia; and
also one from certain citizens of Baltimore, on
the subject of the naval pension fund; which was
referred to the Committee on Naval Affairs, and
ordered to be printed.
Mr. BREESE presented the petition and papers of
John Atchison, praying to be relieved from the
payment of the balance of a certain judgment ob-
tained against him: referred to the Judiciary Com-
mittee.
Also, a petition from Nathaniel Niles and others,
of the State of Illinois, praying for the extension of
the great Western mail route from Lafayette direct
to Springfield; which was referred to the Committer
on the Post Office and Post Roads.
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/139/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.