Sidor som bilder

Joy each brow around me brightens,
Happiness each heari expands,
Hope my parents' bosom lightens,

As a bride my sister stands;
I alone po dreams can cherish,

No delusion lives for me, O'er these towers, soon doomed to perish,

Vengeance hov'ring near I see. “ Torches glow with brightness splendid,

Not, alas, in Hymen's hand-
With the clouds ihe flames are blended,

Not the sacrificial brand ;
And a feast is spread in gladness,

And in mirth and royal state,
Yet my heart, in gloomy sadness,

Hears the tread of coming fate. “And they smile upon my anguish,

And they chide my flowing tears,
In the desert I must langaish,

Lonely in my bosom's fears;
And the gay, unheeding, leave me,

The scornful laugh my woe to see ;
Bitterly didst thou deceive me,

Pythian god !-most bitterly! “Oh! a fatal lot has bound me

Darkening oracles to tell;
Why, when all are blind around me,

Why must I discern so well?
Why, with wisdom false and hollow,

Must I, unavailing, see?
Fate its fearful course will follow,

That which is decreed must be.
“Why, from scenes of grief and terror,

Must the veil fall off for me? Life was in the happy error,

In the knowledge death I see. Take, oh take the gift for ever

That discloses daught but woe, Henceforth, let a mortal never

Truth immortal seek to know. ~ Oh that, free from care and sadness,

Blind again my soul could be; Never sang I strains of gladness,

Since the note was breathed by thee!
True, the future is before me,

But I lose the present day;
Boding grief dark shadows o'er me,-

Take thy treach'rous gift away! “ Never on my flowing tresses

Did the bridal garland bloom, Since I vowed in the récesses

Of the shrine of care and gloom; All my youth was grief unending,

Never knew I aught but tears, And each sad event impending

Filled my boding heart with fears.

“ All around no sorrow knowing,

Warm and bright with life and love,
With the hopes of youth are glowing;

I alone no joy can prove.
Vainly spring new charms may borrow,

Deck with festive flowers the earth;
Who that fears the coming sorrow

Can enjoy the present mirth?
“What bright hopes my sister blessing,

Fill her heart with joy and pride,
When the noblest Greek, caressing,

Claims her as his promised bride.
In her bosom's exultation,

While fond visions glad her sight,
Little envies she the station,

Phæbus, of thy dwelling bright.
“And I, too, have seen before me

Him my heart would fain approve,
All his glances bright implore me,

Sparkling with the glow of love;
Willingly, with him uniting,

Would I pass life's varied scene,
But a Stygian shade affrighting,

Sternly, darkly glides between.
"All her pallid sprites arraying,

Proserpine has sent to me;
Wheresoe'er my steps are straying,

Spectres beck’ning, near I see:
With the sports of youth uniting,

Mingle an appalling train,
Joys and hopes for ever blighting, --

Peace I ne'er may know again.
“Now I see the weapon glitter,

And the eye of murder glow;
Fear and terror, dark and bitter,

In a tide around me flow.
Not a hope my soul can cherish,

Vainly fate I seek to fly,
Doomed to see my country perish,

In a stranger's land to die !"
Still her latest words vibrated,

When a murmured sound of dread
From the temple penetrated-

Thetis' gallant son lay dead !
Eris o'er the city towering,

Shakes her serpent locks with joy,
And the thunder darkly lowering,

Gathers o'er devoted Troy.
November, 1842.

H. M.




At the recent session of Congress, he might vote for it? Was there several memorials

were presented, any one who even believed that the asking that the fine of one thousand motives actuating him at the moment dollars imposed on General Jackson were not good, but that his offence by Judge Hall, in 1815, for the enforce was atoned for by his subsequent subment of Martial Law in New Orleans, mission to the authority by Judge during the British invasion, might be Hall ?--he might vote for it. refunded; and they have been followed there any one who thought the Genby instructions from several States eral wrong in every respect of the to the same effect. Senator Linn of question, and yet felt that it was Missouri, obedient to the same just and unworthy a great nation to profit by noble impulse, obtained leave and in- holding on upon a sum of money taken troduced a bill in the following words, from the private property of a citizen viz.:

who has won so much glory for his

country and filled its highest Offices ?6 Be it enacted by the Senate and House he might vole for it. Any man actuatof Representatives of the United States of ed by any motive which can excite America, in Congress assembled, That the and justify human action, might have proper accounting officers of the Trea- voied for a bill thus drawn, without sury be, and they are hereby, directed to committing himself upon any point ascertain the amount of the penalty or involved in the original controversy. damages awarded by the District Judge Nor would it be reasonable to infer of the United States at New Orleans, in from such a vote, after the practice of the year eighteen hundred and fifteen, this government from its origin, in against Major-General Andrew Jackson, then Commander-in-chief of that district, remitting, fines and forfeitures, and refor official acts in that capacity, and paid funding damages assessed upon public by him at the time; and that the sum so

officers for acis judicially decided to be paid, with interest at six per cent. per in violation of law, that the person annum, be paid to Major-General Andrew giving it intended to censure the Judge Jackson, out of any moneys in the Trea- who imposed the fine. Every member sury not otherwise appropriated.” of Congress might fully believe that

both parties were aciuated by the This bill, let it be observed, does not purest motives, and yet that the fines, undertake to decide whether General forfeiture or damages, ought to be reJackson's conduct, in the transactions funded. In this spirit, without doubt, for which the fine was imposed, was many sums have been resunded to right or wrong, legal or illegal, neces. military officers as well as collectors of sary severity or wanton oppression. the customs and others, which were Nor does it decide whether the con- awarded by the courts for acts done duct of the judge, in imposing the fine, by them in violation of the strict letter was right or wrong, legal or illegal, of law, but with pure motives and in necessary severity or wanton oppres. an honest zeal to serve the public. sion.

In Mr. Linn's Bill there was no imWas there any man in Congress who putation upon Judge Hall, who had thought General Jackson's conduct imposed the fine, express or implied. entirely legal ?--he might vote for it. No man could juslty inser from it, had Was there any one who believed his it passed, that in the opinion of Con. acis illegal, but absolutely necessary gress Judge Hall acted illegally, vinto the defence of the city {-he might dictively or oppressively. In the abvote for it. Was there any one who be. sence of any preamble or declaration lieved that his acts were illegal and un- explaining the motives of Congress, necessary, and yet that they flowed from it would have been considered like an The purest and most exalted motives? ordinary case in which a collector or

other agent of the government from opposition, not suggested by the compure motives performs acts or exacts mittee, were discovered. In advocatmoneys in violation of law, and Con- ing its passage, the Democratic Senagress, though satisfied that the decision tors claimed it as a matter of justice to of the court is perfectly right, steps in General Jackson, who had done no to save a faithful public officer from more than duly required of him; and harm on account of his innocent mis. some of them did not hesitate to take and patriotic intent. It might have charge that Judge Hall had been actuatbeen expected, therefore, that this Billed by. personal considerations and would pass by acclamation. Such, vindictive feelings. The Whig Senahowever, was not its fate. It was tors thereupon, assumed the ground first referred to the committee on the that they were called upon by this Judiciary. Mr. Berrien, the chairman Bill to condemn Judge Hall and reverse of that committee, reported it back to his decision! In this aspect of the the Senate, with a statement that “the case, they were not willing to vote for committee are unable to recommend it (though it was perfectly silent as to the passing of the Bill;" giving as the motives and legality of the acts of reasons, that “no evidence in support both parties), without a proviso exof this Bill, or of these memorials and pressly excluding any conclusion unresolutions, has been laid before the favorable to the Judge. The Judge committee;" that the “claim is not was assailed on the one hand and demade by General Jackson, or by any fended on the other, but the Bill was one appearing to be authorized in his silent. Where was the necessity of behall," &c., &c. We felt shame for making it speak? Was not the our Senate on reading this report. To defence of the Whigs a sufficient setrequire evidence that General Jackson off to the attacks of the Democrats? was fined and paid the fine, is as ab- Could more force be given to the one or surd as to require evidence of the the other by any proviso inserted in the Declaration of Independence, the adop- Bill? Why not let the reputation of tion of the Constitution, or any other Judge Hall, like that of General Jackevent in the public history of our coun- son, rest upon its own merits and the try. It belittles Congress, as carrying defence of his friends ? with it the idea of studied and quib. Mr. Conrad, a new Senator from bling evasion. Nor does the implied Louisiana, took the lead in making up requirement, that the gallani old this issue. After having stated, somesoldier should apply for this money in what erroneously, the acts for which person, add to the dignity of this report. the fine was imposed, and the decision It looks like a desire that he shall of Judge Hall therefore, he said : humble himself, and become a beggar at the bar of Congress, for that justice upon to reverse as unjust, erroneous and

" This is the sentence we are called which the memorialists and Legisla- illegal. However willing he might be tures of the two great States of Ohio

this money

General and New York asked might be spon- Jackson ex gratiâ, however anxious he taneously awarded. It would have might be to do anything consistent with read better in our annals, if the com- truth and principle, to gratify General mittee, admitting the facts which are Jackson or his friends, on this floor or notorious to every intelligent man in elsewhere, he could not do this. He the Republic, had taken the ground could not do it, because he believed the that the fine was rightfully imposed judgment conformable to law and justice; and justly exacted; ihat General he could not do it, because he would Jackson deserved the punishment thus thereby sanction a dangerous precedent, inflicted upon him; and that to refund that might hereafter be invoked by some it would be an unsafe precedent, en- military chieftain less magnanimous than . couraging to future military usurpers. liberties of his country; he could not do

General Jackson, to the subversion of the There would have been dignity in this it, because he would thereby contribute position, if sincerely assumed, though to revive an exploded calumny against a in our opinion unwarranted by the portion of his constituents; he could not facts and principles involved in the do it, because he would, in so doing, affix case.

an unjust stigma upon the character of the When the Bill came up for dis- upright magistrate by whom this sentence cussion in the Senate, new grounds of was pronounced.”




Now, there was not a word in the not, and in so doing, took from them Bill, as our readers have seen, involve the leading consideration which goving any of these consequences. There erned their votes. So far as they were was not a word to show that it was concerned, they intended their votes not gotten up and voted for “ ex gratia" for the Bill should be considered a altogether. There was nothing to condemnation of the Judge's proceedprevent Mr. Conrad and his associates ings. They did not wish the Bill to from voting for it on that ground, exclude or include any member's realeaving Mr. Linn, Mr. Benton, Mr. sons for his vote, deeming it sufficient Buchanan, &c., &c., to vote for it on to let them rest in his own bosom, or that or any other ground. Mr. Con- be declared in open Senate, as he rad's assertion, that ihe Judge was “an might deem right and proper. Seupright magistrate,” might have been condly, they believed the Bill in that deemed sufficient to counterbalance shape would be unacceptable, if not any other Senator's opinion to the insulting, to General Jackson. They contrary, so long as neither appeared had too much self-respect, as well as in the Bill. But silence as to the con- respect for the noble old chieftain, to duct of the Judge was deemed an im- tender him an act of justice environed pulation upon it! The fine could not with buts and ifs, conditions, limitabe refunded to the General without a tions, and provisos. The Bill was consalvo for the Judge's character! These sequently rejected by the votes of its discreet friends of the absent and the original friends. dead practically admitted that his Shame to our country! She still character could not, like that of other retains in her Treasury a thousand judges in like cases, be left to stand or dollars exacted from a man who will be fall by its own merits; but must be her pride and her boast in all time to propped up by an express reservation. come, for acts which nine-tenths of Had we been the advocate of the her people justify and applaud! The Judge and the guardian of his reputa- main object of this Article, however, is tion, we should have repelled the pro- (with the aid of the private papers of viso on the ground that he stood the eminent individual to whom it proudly vindicated by history itself refers) to refresh the memory of our without it. We would not have ad- conntrymen in relation to the incidents mitted by such a proposition, that a connected with the defence of New spot, or the shadow of a spot, rested Orleans in 1814–15; to bring to the on his untarnished ermine. It pleased knowledge of the public a few addithe Whigs, however, to modify the tional facts, and correct the errors of Bill and annex a proviso, after which pretended history. In accomplishing it read in the following form, viz.: ihese objects we make four distinct

points, viz. : “ That there be remitted and refunded 1. The enforcement of Martial Law to General Andrew Jackson, out of any in question was absolutely necessary. money in the Treasury not otherwise ap 2. The acts for which General Jackpropriated, the amount of a fine and costs

son was fined were the necessary results imposed upon him by the District Court of that enforcement. of the United States for the District of

3. The enforcement of Martial Law Louisiana, for an alleged contempt of court, with interest, at the rate of six per

was legal. centum per annum: Provided always,

4. The imposition of the fine by That this act shall not be construed as an

Judge Hall was illegal. expression of the opinion of Congress

1. NECESSITY OF MARTIAL LAW.upon any judicial proceeding or legal The year 1814 witnessed the capture question growing out of the declaration of Washington and the burning of our of martial law by General Jackson during Capitol. While our country was thus the defence of New Orleans."

disgraced at its centre, General Jackson

was fighting his way through the For two reasons it was now impos. Creek nation to the Gulf of Mexico. sible for those who considered Judge Scarcely had he compelled the Indians Hall's conduct illegal, and the refund- to sue for peace, when from afar came ing of this money an act of sheer just the note of British preparation for the ice, to vote for the Bill. First, it forced invasion and conquest of the souththem to say what their motive was western portion of the Union. Much

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