The Congressional Globe, Volume 13, Part 2: Twenty-Eighth Congress, First Session Page: 26
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26
28th Cong 1st Sess.
APPENDIX TO THE CONGRESSIONAL GLOBE.
—————— _ . i . — %
Fine on General Jackson—Mr. Kennedy.
Jan. 1844.
H. of Reps.
SPEECH OF MR. KENNEDY,
op indiana.
In the Hoase of Representatives, January 2, 1844—
On the bill to refund the fine imposed on General
Jackson at New Orleans.
The House having resolved itself into a Commit-
tee of the Whole—
Mr. KENNEDY addressed the committee as
follows:
I had hoped that this bill, from the circumstanccs
which surround its introduction here, would have
been suffered to pass speedily and without debate;
such was the will of its friends. It has been debated
ably and long; and from the expression of opinion
already made in every portion of the United States,
I was foolish enough to suppose there was noth-
ing left for us to do but to act; and, by that action,
carry out the will of a grateful people. But I see
there are some upon this floor who are willing not
only to arrest the passage of the bill, but to taunt its
friends, (as was done by the gentleman from New
York, Mr. Barnard,) that they could not lick it into
a shape that would enable it to pass through another
wing of this Capitol. I do not know exactly what
that gentleman means by licking a measure into a
palatable shape; but if he means that our forbearance
to place a direct, instead of implied, censure upon the
judge who inflicted, this fine is licking, then I am
prepared to say to the gentleman, and to the world,
by my action, not only here, but every where else,
that, m the infliction of this fine, the judge acted ille-
gally, unjustly, and traitorously. If this be licking,
then I will help to lick this measure into a palatable
shape. Mr. Chairman, I frankly admit that my feel-
ings have been considerably exasperated in relation
to this matter. We have been told from the oppo-
site side, that we were about to violate the Consti-
tution, trample on the laws, and treat with indignity
the judiciary of the country, in the passage of this
act. Sir, I despise this everlasting attempt to shield
oneself by judicial and constitutional objections,
which gentlemen resort to with so much per-
tinacity, when they want to conceal their real
and bona fide objections to the passage of a bill.
There is a class of men in this country who not on-
ly worship the ermine, but, supposing al] others at-
tacked with the same species of idolatry, whenever
they are about to do a bad act, or usurp authority,
retreat behind the judiciary, and cry "touch not the
anointed of the Lord." Sir, this tom-foolery may
scare boys; but you will terrify no man in this way.
The judicial department of tins Government is like
all the others. It is created by the people, and for
theirpurposes; and, like the other branches, is to be
respected and revered so long as its conduct, in the
discharge of its high functions, entitles it to the
respect of freemen, and no longer. These opin-
ions have not been formed without a long acquaint-
ance with that branch of government, not as a
blacksmith only, but as a practising lawyer. And,
Mr. Chairman, with all due reverence for hon-
est judges, I assert here, in my place, that the judi-
ciary of this Government is as corrupt, and as much
disposed to usurp power, and trample on right, as
any other branch of the Government; and, on my
allegiancc to my constituents, I will not, and dare
not, attempt to conceal its sins. I will treat it as I
treat all other branches of the Government—as I
think it deserves; recollecting the pithy saying of a
celebrated Virginian, "the Book of Judges in the
Old Testament comes just before the Book of Kings."
But we are notified that this bill, into whatever
shape we may lick it, shall not pass the Senate. If
I do not mistake, the bill which passed the Senate
the last session of the 27th Congress was in the ex-
act words of this bill. Why, then, is this one
to be there defeated? What evidence of merit—of
patriotism—does the gentleman see there now, that
was not to be found there then? There was a lar-
ger majority of the gentleman's political friends
there then, than now; that same nody[ had once
attached to the bill an amendment, similar to the one
now pending, by which they caused its defeat. At
the next session, however, they passed the bill with-
out the offensive amendment. Why this action on
their part? Because they had felt the force of public
opinion; which, thank God, m this country, at least,
is the great lever by which all legislative action is
moved. They no doubt heard and felt the all-
powerful voice of the people of this country; and
they wisely concluded to obey it. Why is it that
that body should be supposed so soon to become
callous to that potent command. X will not be-
lieve it; but should it so tarn out, it will be only
an additional evidence that there is a party in
this country who, as they never forget, never
learn any thing. Too long has the treasury of
this nation been at heart diseased with the rust and
canker of this unjust fine; and if you ever expect it
to flourish, you must make it disgorge this money
taken from the patriot, for no other crime than brave-
ly defending his country against open enemies
without, and secret ones within.
There has been an effort, in the course of this de-
bate, to draw a parallel as to the services rendered
the country by Andrew Jackson and Dominick A.
Hall. Heavens! What a comparison! As well
might you attempt to compare the flight of the
Dominique dung-fowl to that of the noble eagle,
who soars aloft, with terrific screams and unblanch-
ed eye, visiting the sun. Who would ever have
remembered the name of Judge Hall, had it not
been for its connexion with the name of Jackson?
His position has become of as much consequence as
was that of the gnat on the bull's horn, when he
cried out, "see what adust joe raise."
I doubt not, Mr. Chairman, there are.men in and
out of this House who are honestly opposing the
passage of this bill, for fear they may commit an
infraction on the civil authorities of this country;
but I at the same time as little doubt that there
are those, here and elsewhere, who are making this
a pretext for their opposition. The mortal offence
of which General Jackson was guilty in their eyes,
was licking a British army. They will never for-
five him and his gallant companions in arms for
aving whipped their friends. These are the Amer-
icans who thought it unbecoming a moral and re-
ligious people to rejoice over the success of the
American arms. These may seem to be harsh and
rather severe expressions. Agreed. Truth demands,
and the occasion asks it; and if any man thinks the
shoe fits him, he is welcome to wear it.
I will not, in this brief address, attempt to reca-
pitulate the services of General Jackson in the try-
ing and difficult circumstances in which he was
placed; but I am convinced, in my own mind, from
all I have been able to gather from the history of
the transaction, that no man but Jackson, then
breathing, could have successfully defended the city
of New Orleans. And why? Because he was the
only man that was willing to incur sufficient respon-
sibility to meet the dangers he had to encounter; the
only man willing to risk the sacrifice of self to save
his country. He took the responsibility then, as he
has often done since. And what has been the re-
sult? Then, as ever since, the bosom of all true
patriots glowed with gratitude, and warmed with af-
fection towards him, just in proportion to his noble
daring in their defence—knowing, as they did, that
that responsibility was only assumed to protect
them ana their institutions against external or inter-
nal eo em ics.
After the declaration of martial law, advised by
Judge Hall himself, where was that noble patriot
found? I should say that judge—that English judge—
should have been found at all times ready to do bat-
tle in defence of his hearth—in the defence of his
two maiden sisters whom (the gentleman from New
York informs us) he had m the city. But no; hewas
found aiding and abetting treason in the general's
camp. When Jackson found this man assisting
the treasonable and disaffected in their endeavors to
entice away his men and leave the city open to an
exasperated and cruel enemy, what did he do?
What would he have been justifiable in doing? Sir,
my advice would have been to hang him, as high
as Haman, on the first gibbet that could be found,
as a warning to evil doers in like cases offending;
instead of doing that however, in the language of the
gentleman over the way, he "shopped him;" and
after shopping him, he very politely put him out of
the lines of his camp, and told him, in a very sig-
nificant manner, he had better keep out. Let me
again recur to that fact, which has lately been dis-
covered and quoted by the gentleman over the ivay,
to prove Hall's patriotism—that he had home and
kindred in the city at the time it was beleaguered.
If he had sisters, or father, or mother, or children,
in this apparently doomed city, what was his duty
as a brother, a son, a father? Was it to attempt to
break up the camp of the defending army, or to
assist to defend it against the assaults of a British
soldiery, whose motto was "beauty and booty?"
Tell it not in Gath! I had hoped that the man
had stood solitary and alone, without any of those
sacred and endearing ties which bind the patriot to
his home, calling on hint to shed his last drop of
blood in their defence. But we have learned to-
day, for the first time, that this judge had those
sacred obligations of defenceless kindred claiming
his support, and that he basely deserted them. This
is the crowning stain on §ie character of this just
judge.
■ After peace was ratified, the enemy gone, mu-
tiny quelled, or rather nipped in the bud, what
next do you hear of this Dominick A. Hall? He
returned to the city, attempted to insinuate himself
into the circles of joy and hilarity with which the
city blazed at this delivery of its "beauty and
booty" from the sack of a licentious soldiery. Here
he saw the commanding general, who had so signal-
ly delivered, by his indomitable energy, the fair city
from the enemy, the favorite of all circles, the
young, the old, all ages and all conditions treat-
ing him with that eclat he so justly deserved. Nor
was this all his mortification. He who had inglo-
riously fled in the hour of danger, was frowned
upon by the youth and the beauty, and treated
so coldly by the ladies, (God bless them!) that
he returned to his lair to invent some petty
malice with" which he hoped he might reach the
general; and if his puny arm was too weak to
snatch the civic wreath which adorned his brow,
still he hoped he might mar its shining glory with
his legal filth. These were the true motives which
brought about this prosecution. Talk about preserv-
ing the dignity of the law! Look at him after the
general appeared in his court, ready to receive the
weight of his accumulated splsen. Where was his or
the court's dignity then? Whilst the general was
surrounded by a crowd of friends and grateful admi-
rers, with the brave volunteers who had served under
his command, this vindicator of the law's dignity
became so alarmed at the indignation his arbitrary
and tyrannical proceedings had excited, that he was
about to make his escape from the back door;
when he was reassured by the declaration from the
general, that the same arm which had protected the
city would protect his cowardly carcass. To cap
the climax, he was so frightened that he never did,
in fact, render the judgment as became him in the
vindication of the law, but had it entered on the
record without being formally pronounced in court.
This was vindicating the dignity of the judiciary, and
Sreserving the majesty of the law, with a vengeance.
!ut I scorn to argue this question further. It is
enough for me to know that this $1,000 fine should
never have been in your treasury; that it has rusted
and contaminated with its touch all with which it
came in contact; and that the American people have
decreed its return.
On the amendment offered by the gentleman from
Georgia, I have but a few words to say. That
amendment assumes that this fine was properly in-
flicted, and proposes to return it as a gratuity. In
answer to that, I have to say, General Jackson is
not asking you for a bounty. Thank Heaven ! that
patriot and sage has no need of charitable donations,
however richly he has earned and received a na-
tion's gratitude. His friends put this claim on the
ground that the money was unjustly and illegally
taken from him by an arbitrary stretch of power,
excited by private spleen in the judge who con-
demned him; that whilst it remains in the
treasury, it might be inferred that it was prop-
erly retained—the which supposition inflicts a
wound on the feelings of a country's bene-
factor. Thus returned, I have no doubt General
Jackson would receive it as a grateful acknowledg-.
ment by his fellow-citizens. He would receive it
as an act of justice done him whilst he is quietly
sinking into the patriot's grave. As a bounty, ho
would scorn it at your hands. He knows well that,
as a bounty, you have as little right to give as he
has inclination to receive it.
™ I could not help but notice that, several times
through the course of this debate, there were evi-
dent flings and muendoes at the character of Gen-
eral Jackson. These were but incidental and un-
derhand strokes. Many of those who thus attempt
to stab by inuendo, dare not throw themselves in
the open field of calumny. Whilst it has pained
me to note the disposition manifest to slander and
vituperate, it has rejoiced my heart to see the time
when those who once denounced the tenant of the
Hermitage as a tyrant, whose name would be exe-
crated by his countrymen when he left the active
stage of life, now, good souls, when they can no
longer insult the patriot, for fear of the burning in-
dignation of a grateful people, humbly beg to have
their share of the halo of glory which his setting
sun casts athwart the political horizon.
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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/m1/36/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.