The Congressional Globe, Volume 13, Part 2: Twenty-Eighth Congress, First Session Page: 63
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Jan. 1844.
APPENDIX TO THE CONGRESSIONAL GLOBB.
28th Cong 1st Sess.
Abolition Petitions—Mr. Belser.
H. of Reps.
could take $25,000 of the people's money, and be-
stow it as a gratuity upon the widow of the late Presi-
dent, (General Harrison.) This was no violation of
the Constitution! The Senate of the United States,
under the control of the same party, passed an act to
pay the Massachusetts militia, who refused to fight
in the last war, some two hundred thousand dollars!
We heard n© croakings from that quarter, then, about
a violated Constitution!
That same Senate could also report a bill (for it
went no farther) to pay the heirs of General Hull,
who treacherously surrended the American army into
thehandsoftheBritish,some£2,000or$3,000. This,
too, was no violation of the Constitution! But now,
the same men, when a proposition is made to refund
a fine unjustly imposed upon a political opponent
of theirs, whilst m the defence of the country,
rise up in this hall and have the effrontery to prate
about a violated Constitution! If that instrument
which constitutes the bond of our Union has fallen
into the hands of suck men, God save the Republic!
But we are asked, Why has not this bill passed
long ere this? I do not know that any movement
was made here until the people, acting through their
State Legislatures, demanded the passage of this act.
But the fact that this justice has been long delayed,
is no reason why it should be postponed any longer.
Fourteen States have demanded the enactment of
this law; and yet we are told by the gentleman from
Tennessee, [Mr. Peyton,] that our object is to
make political capital for Mr. Van Buren out of
this bill! Wonderful discovery, indeed! The name
of General Jackson, sounded in this hall, seems to
shock the tender nerves of our Whig friends!
There are some choice sentiments in the speech
of the gentleman from Tennessee, which require a
passing notice. He says:
"You were then rich, strong, and proud; your political capi-
tal wasat 'the flo^d,' and you needed the aid of no such hum-
bugs. You are now poor, bankrupt, humble, timid; and, like
drowning men, you are catching at straws "
This is another remarkable discovery, and leads
one to suspect that wonders will never cease. Where
does the gentleman from Tennessee find the evi-
dence that the Democratic party is "poor and bank-
rupt?" In the popular elections which have taken
Elace since 1840? In every section of the country
is party has met with disasters and defeats. In
the complexion of this House? At the extra session
of that most extraordinary Congress, his party came
into this hall with a majority of some 45 or 50;
now, under the operation of the ''sober second
thought," he finds his friends driven by an insulted
people from their seats, and their places occupied
by Democrats. Does he find, in the Democratic
majority of 65 or 70 here, the evidence that we are
"timid and bankrupt?" Can he extract any conso-
lation from these facts? Bankrupt, indeed! Surely
some strange spell has come over the gentleman,
and blinded his vision to the objects around him.
Democracy dead? No, sir; no' ft is founded upon
the immutable principles of truth, and
"Truth, crushed to earth, will lise again;
The eternal jears ol God & re heis."
Although defeated in 1840, we are by no means
vanquished. We are now in the field, and bearing
aloft the same glorious flag under which we fought
so gallantly, but so unsuccessfully, in 1840. Upon
that banner we have inscribed our principles, and
will do battle under it with all the1 indomitable en-
ergy and unflagging perseverance that characterized
our fathers m the ever-memorable contest of 1800.
No, sir. Let not the gentleman "lay that flattering
unction to his soul."
He will find enough vitality in the Democratic
party before the present year closes. If he believes
an easy triumph awaits his leader in the coming
contest, he has much mistaken the signs of the
times. The eyes and ears of the people are
open, and shows and parades will not answer now.
The time for reasoning has returned, and the artful
demagogues will find their tricks unavailing.
There are some other curious things in the
speech of the gentleman from Tennessee, who rep-
resents the district in which the old hero resides.
He tells us that the passage of this biil will take
away the brightest of his military honors; that this act
strikes a fatal blow at his hard-earned fame; and yet,
sir, that gentleman, professing to admire the charac-
ter of General Jackson, announces that he will vote
for it! In other words, he will inflict a deep blow
upon the reputation of a man for whom he pro-
fesses a high regard! He alleges that we are the
pretended friends of the general; and yet he, a real
friend, is about to aid us in robbing him of that fame
which he tells us is the common property of the na-
tion! And yet, sir, the same gentleman in his
kindest tones, says, "if he wants $1,000, in God's
name, let him take it!" General Jackson is no
beggar here. Thank God! he has a sufficiency of
this world's goods to sustain him comfortably du-
ring the remainder of his days. From the lan-
guage of the gentleman, it might be supposed by
one ignorant of the facts that the general was a
pauper—a common vagabond—knocking at your
door, and asking your charity. No, sir; he asks no
pension; no gratuity; no compensation for the watch-
ful days and sleepless nights he has spent in re-
pelling a foreign foe, and maintaining our free insti-
tutions: he asks for justice—ay, sir, justice; that the
fine imposed upon nim whilst defending your soil
from the ravages of our ancient enemy may be re-
funded. And when is this asked? Now, when he
is no longer m the political arena; now, when he is
at his Hermitage, spending his days amongst his
old friends, the companions of his early days; now,
when he is no longer an actor in the busy scenes of
political life—divested of the power to defeat your
favorite schemes to destroy the simplicity of our
free institutions. Now, when he has reached the
age of nearly four score, whilst standing on the
verge of the grave, and about to pass to that bourne
from whence no traveller returns, he asks, as the last
request he has to make of his countrymen, that
they will do him the justice to wipe out the disgrace
attached to his name, by the imposition of that fine.
In a few months, perhaps weeks, that gallant spirit,
which has spread such a halo of glory on the Amer-
ican name, will take its flight to another and a bet-
ter world. I entreat you let this act be done before
that day arrives. Let him know, before he leaves
us forever, that justice has been done. Who, then,
seek to defeat this bill? The gentleman from New
York, backed by a portion of his Whig friends on
this floor—the same men who had abused and villi-
fied him since his first entrance upon public life.
The gentleman from Tennessee regards this as an
effort to invoke the influence of General Jackson
against his party m the approaching contest. Is
the influence of the old chief now, when about to
be carried to the tomb, so powerful that he fears it?
Mr. Peyton said he would inform the gentleman
that, as regarded any fear which he entertained per-
sonally, he had as little of it as the gentleman him-
self; but if he meant political fear, he would say to
him that, no longer ago than in the late canvass, he
went to the very door of the Hermitage, and there
encountered the opposition of the royal family.
Mr. Weller. Well, sir, much as I may respect
the moral courage of the gentleman, I cannot say
that I have a very high regard for this exhibition of
his patriotism. But let that pass. We are also
told by this gentleman that, like the hyena, we have
descended to the grave of Judge Hall, and exhibit-
ed his bones to the gaze of the populace. Who in-
troduced his name into this debate? Who brought
his memory into this discussion? Sir, it was the
gentleman from Georgia, his own political friend,
[Mr. Stephens.] That gentleman told you that
Judge Hall was entitled to as much respect for the
moral courage which he exhibited in this transac-
tion as was the General for his victory on the 8th of
January.
Mr. Stephens said the gentleman had somewhat
misstated the language used by him. He had in-
stituted no comparison between the respective mer-
its of General Jackson and Judge Hall. What he
had said was, that the judge displayed much moral
firmness.
Mr. Weller. My recollection is, that he used
much stronger language then than he does now.
Certainly he bestowed a high eulogium on Judge
Hall for his conduct on that occasion. I have al-
luded to his remarks solely for the purpose of repel-
ling the charge that we had descended to the grave
of the judge, and abused his memory. The gen-
tleman's own political friend [Mr. Stephens] brought
his reputation before us in his amendment to the
bill, which seeks to shield iha memory of this Brit-
ish judge from any reproach, express or implied.
By him he has been held up as a man entitled to
the admiration of this nation for his courage in vin-
dicating a violated Constitution; and we are there-
fore compelled to examine into his conduct and mo-
tives. I, for one, have not felt disposed to shrink
from the examination invited by the gentleman from
Georgia. The bill makes no allusion whatever to
the judge. It does not assail his memory: it sim-
ply proposes to refund to the general the fine extort-
ed from him. What is there in the character of
Judge Hall to excite the admiration of the mover of
this amendment? Did he not cowardly flee from th©
city in the hour of trial, and thus avoid the danger
of aiding in its defence? But this man is held up as
an object deserving our admiration! This British
judge, who escaped from the city to avoid the battle
of the 8th January, when every patriot should have
been found on the lines, has now become the pro-
tector of the Constitution—ay, sir, the especial fa-
vorite of our Whig friends! When that fine was
assessed, it was enormous, because of the derange-
ment in the monetary concerns of the country, and
because of the known pecuniary embarrassments of
General Jackson. The excessive amount shows
that the judge was actuated by malignant motives,
not by patriotism—not by a desire to vindicate the
law, but by the worst passions that ever festered
the traitor's heart.
Where is the evidence of that tyranny and usmr-
ation attributed to General Jackson? As soon as he
was officially informed that peace was concluded, he
revoked the declaration of martial law, and restored
the civil tribunals to their supremacy. When
brought before the judge, he respectfully tendered hia
written answer, as every defendanthas aright to do,
when arraigned for a contempt of court. This Brit-
ish expounder of law refused to read it; and, without
hearing his defence, without witnesses, without
jury, without the formality of a trial, fined him
$1,000. Did he make any resistance to this? Did
he offer any insult to the court for this flagrant
abuse of power? No, sir: he paid his fine out of his
own pocket; and when the citizens raised the
amount by subscription, and brought it to him, he
drew back and saia, uLet this money be employed to
relieve the children and toidows of those who fell fight-
ing for their countryHe restrained the fury of
the people, who were deeply incensed at the out-
rage inflicted upon their commander. He was then
at the head of a victorious army, in the midst of a
population heaping the highest honors on him for
his gallantry and patriotism; and but for his per-
sonal efforts, the judge would have received instant
chastisement. He held back the infuriated crowd,
and commanded them to respect the law, and its or-
ganized tribunals. If the general had been a tyrant,
and taken advantage of the popular feeling m his
favor, that judge would have been sent to answer
for his conduct at the bar of the Supreme Ruler of
the Universe.
It is not necessary for me to bestow a eulogium
upon General Jackson. His acts, civil and milita-
ry, have been passed upon by the American peo-
ple. They have demanded, in a voice not to be
misunderstood, the restitution of this fine. It may
not be done by this Congress, for we have been
warned that there is a Whig majority in the other
branch, who will arrest the progress of this bill;
but rest assured the day is not for distant when
this act of justice will fee done. You may disre-
gard public opinion now; you may turn a aeaf ear
to the voice of the people, which is thundering in
your ears; but this stain shall be wiped out. You
cannot, you dare not prevent its passage. The
withering curses of that people to whose serrice
his long life has been devoted will drive you from
the power you now enjoy.
General Jackson has too strong a hold upon the
affections of his countrymen to be affected by de-
nunciations, here or elsewhere. In the ordinary
course of nature, he must, ere long, pass to the
silent tomb. The rank grass will soon wave o'er
his grave. The young Democrats, who love him
as a father, will make a pilgrimage to his tomb; and
there, over the grave of the illustrious patriot, re-
count his deeds of noble daring on the field of battle;
his moral courage and firmness in the councils of
the nation. His monument will be a nation's grat-
itude. He is
'•The noblest Roman of :hem all."
* * ' The elements so mix in him,
That nature might stand up and say to ail the world
This is a man."
Thanking the House for the attention they have
given to these desultory observations, I will not
trespass farther upon their patience, except to ex-
press the hope that the bill will pass this branch of
Congress on Monday next, the anniversary of the
battle of the 8th January, 1815,
REMARKSOF ME. BELSER,
OF ALABAMA.
In the JJou.se of Representatives, January 12 th and 13th,
1844.—On the report of the Select Committee on
Rules, proposing to abolish "the 21st rule,"
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United States. Congress. The Congressional Globe, Volume 13, Part 2: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2368/m1/73/?rotate=90: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.