hereafter and forever. But let me ask!
ithe members o: this honoraoie nousc,
to Reflect seriously before they make (
Wsunalterable decision-Met me con
jure theni to reflect ' calmly and
ask themselves, if it is wise, if it is
prudent, to embark themselves on an
occanof uncertainty with a nation di
vided '-within itself with a body of
men within it bosom disaffected and
smarting with, a sense of wrong, in
flicted upon them in their judgments
subversive of constitutional authority
" arid private right. Shall it be said
that" we are sn jomingwith the other
house to crush a few individuals who
have done no wrong, merely because
we have the power to crush them ?
Shall we "because, we have a grant s
power, use it merely tQ display it, or
in the wantonness oi power, use u ior
destruction ? Will, such conduct give
the', public 'an exalted opinion of our
honor- or of our benienity will it give
the" people confidence in themselves
or their rulers ? Wo, sir j it will not !
If we bnlv consider that the Very ex
ercise "6F nower revolts the minds of
those on whom it is exercised that it
revolts the minds of their friends' and
adherents we will deliberate be tore
we'attempt so much td endanger our
selves and to subject our conduct to
the resentmehts and animosity ot.tne
communitvA No such effects can a.
rise from arwther course before the
discreet and temperate tribunal where
all the laws are expounded with calm
ness and a due regard to the solemni
ty of lustice, the subject may be oiler
ed for decision and discussed dispas
sionately if the decision is in the
power of the memorialists , it will be
. given -with mildness ; if against them,
it will be still mild : and the public
mind will soon be soothed by the
tranquility with wjtich the laws are
dispensed from the tribunal which is
aacrcdly devoted to that purpose.
The committee having considered
the subiect beyond the bounds ot, au
thoritv -esterl in thU-house... to dele
gate or decide upon themselves, cem
ed it their duty to offer a resolution to
the consideration of the house, intend
ing in Bubstance that the President o!
the U. S. should be requested to di
reet the attorney general to file An in
lormation in order to the issuing 01
writ in the nature Of a quo warranto
ta try the merits of the claim of Rich
ard Bassett, Etc. " some gentlemen in
that house may not underhand the
technical character and operation of
-proceedings of this kind. The pro-
! .t i T":.'-::-i.i...-
cess is in ine nrsi uisiance uikcu up
V L 1 ... u .. . IT", .. u
uj ric aiiorncy goiicrai wii'iac umvs
is here much the same as that of the
public accuser in Erance. The writ
of quo warranto is a common law writ ;
the practice ha varied in applying
them to use. The received form now
is to proceed by filing an information
through the attorney general, and up
on that information filed, the question
of aright to an office is brought fairly
to & trial. The course is speedy, the
assertion of a rifjlut is brought to a
dear issue, and the claimant must
support his plea by establishing at first
that he has a right to exercise what he
rlaims. failini ' iii th first, or with-
, drawing from the assertion of his claim
after plea has been entered, the ques
tion is at an end.
There is a mode of proceeding dig-
nmea and concurrent wun uie mo&i
venerated forms; whit consequences
can result fmm nrmm,r it t u ine
question on trial is lost, by the clai
mants, as it probably will, the pom;
U settled ; there is an end to it ;
peace and harmony is restored ; and it
. ( win men o a lagu grauiicaunn 10 re
flect on the discretion with which the
subject has been treated. On the o
thcr hand, if we lead ourselves tube
lieve that the 'courts ate to be w)cd
by Mit'utrr purposes, or that they will
. without regard to their own dignity or
the cHgnjty of justice itself, wantonly
declare the Legislature has violated
the constitution if gentlemen will a
j gainst all reason and propriety per
made themselves that the ludcre
wolld lay fcside that decorum which
is so appropriate to their station, that
dcrrnrv the liarutmnid nf the t-raf'r.
and which decorates the magistrate
more than the ermine or "the royal
robe, then indeed there is an end to
confidence and to hope. Bat if it shall
it should be left to their solemn deli.
Leration and decision, they will with
eslmncis ar.d with the temperate
tompoture of wisJom determine that
t'longhthe Legislature have a plenary
, power they may hive mistaken its
extent, they may have surpassed the
hounds ef that power, in exercising
" It in the case of the memorialists jthal
the legislature may have thou hl they
were not sa fit at other men, and had
thought themnlvcs at liberty f tranv
Icr their power to other, and they
tv9uhl point out where those errors had
. been committed and dende accord
gislature, without right or justice, or
attempt to violate its" rights in the face
of the union. Away with sp unworthy
a suspicion.- -"
Would the house pardon mm u m
trespassed a few, moments longer:upon
iKolr inrliiiofnre to enauirev'wliai
o " . . ..
ivmiM th ritu tot tne reiecuon oi 1 yiuc
this claim ? Would it not be said, that I fort we restore those omnipotent but
Gentlemen raise giants tc spectresic
hobgobbling", like conjurers ; ' but this
mumuiery, this acting, is suited much
better for another place ; they do not
scare us; they roalie us Tather laugh.
We are also told that 'we shall be en
easred in a war and that we are a di-
! vided people, but if by one mighty ef-
the legislature confident of its power
denied to the claimants-not Dareiy
their rights but a hearing ; that the
government was atraia to-. Drmg mc
question to aiscussion uiai ---ltile
was afraid of a free enquiry ; it
will be said that if the senate, is
confident of right the deniaTIs indis-
falleh judges, our dangers from wars
win cease ' and ' we snait De a unrtea
people Nothing will do butthe judges,
isubmit to the judges, and restore the
jttdgear the' judges like a quck me
dicine cures every thing and " never
fails ! but if these all potent judges.
! perish' (and they are already near a
creet and that a sense of wrong, is twelve month dead,, m law) we must
indicated hv theirfeirs. But will the all perish likewise ; and yet we have
Senate reflect," that powerful as jouU lived the last year tolerably well. Such
may deem yourselves, your power ts imbecile-
there is a hand that can and will
dras-you, before the bar of justice I they
can di it -without you. What then is
notions had no effect on him-. They
did. not " enter-" into accordancy
with his mind. The: legislature has
nothing to do with them. The judges
the i,lterjiative which you will make 1 of the courts are not superior to the
1 . . . .. .. i t ...... ! Tl 1. . ,n
conic forward with dignity be not
dragged with shame from your hiding
place. It is the call of justice it is
the call of right, it is essential to your
own reputation that the Seriate pass
the resolution now on your table
There was a time, wlifen the serious
admonitions of reason and moderation
would meet attention 1 Alas! Ah 1
, That time was when Washington,1
presided over the councils of this land I
Alas 1 there was an inborn dignity,
in that great man, which taught
him to shunlhe insolence of pride and
power, and to listen with temper and
caution to the humblest counsels.- ,
But he is gone ! (Here Mr. jlor-
ris hmg his head end letting his haud
fall with an cmbhatic weight upon the
desk beore htm-seemcd to leel t"
throbs of sensibility aud sw;rcwt and to
mourn As if iron tears had Jljwfd
down Pluto! s cheek.") Yes! He is gone
and his precepts a're disregarded, while
the vindictive, spirit of revenge pur
sued his sacred -ashes to the tomo ,
but he will live in the gratitude of that
posterity before whom ihe measures
of this day will be severely scrutinized
and severely judged.
Mr. Nicholson wished the house to
say how we could proceed in this case
his mind had not been informed on
the point upon which UiOpisc had
really to decide at present, and which
had not been once noticed in the very
ardent oration of the gentleman who
had just sat ; down, lie wished to
know what we had to do with the re
solution on the table, was it any part
of oiif duty io liOtlce" such a proposi
tion, the thing appeared to him to
have as little to d with the duty given
to the committee us the introduction.
of General Washinirton'sname, which I
appeared to hijn to have been dragged
indeed. The resolution offered by the
committee appeared to him to' be the
only object for prestnt consideration
if we could pass such a resolution
would it not be necessary to send it to
the other house? Had we any right
in such a case to call upon the Prcsi-i
drill ? !
. Mr. Cocke. If this question had
any business with General Washing
ton, or was a question in any way
likely to interest the feelings for his
name, he would not be backward in
she win; his rcvc.e-nre for departed
worth. But that venerated name ap
peared to him to be introduced on this
on so many other occasions with
out necessity or use it had nothing
to'do wi'h the present iubiect. lie
I didnnt (.pprnvc of such abuse of that
tuiise, anil would therefore pass it o
vcf. We arc told by the honorable
gtr.tler.un. that if we do not do as he
says w; should, that tHerc is a strong
, hand tint wi',l drag ws from cur hJt,
from .ur l.ldir.i' place. This is a very
fi:ic irgumcttto be sure, this the de
cency of the ermine and the royal tobc.
What arc we further tel J I 1'irst, that
' 'f must bow pic rttkt lothc aln.'iKlity
will of the judiciary, and second that
we muttirive directions to the tiecutnt
' to bow thtir ntth also! Wc rj told
- inai ine nouRe oi rtprcscnuunes ny
refusing to call those gentlemen tatt
judgti recognize them as judgti r.ow !
tic did not pretend to argue logic with
the gentleman horn N. lork, but in
plain homespun langiisgc he coulJ
not conceive how a refusal to call a
man by any name but hi own name
was giving him another name $ the o-
tber house considered them as mere I
petitioners, simple citizens, and o
s.ucU they apprarrtl. Wc are told wc;
are VoudJ to perform1 a great duty
toward ourselves. What doe this J
tnesn r lhx he mean that we are cal
led upon to support the constitution of,
oar cotmtry. If that ia whathemean j
that Is what we mean to do. lbitdoe
the consUlutlun call ton fit to pay
--No! For no sen ice! I or er
ice not renmrcd, for service whik
they acknowledge they do not pern
law. 1 The.v can neither make nor un
make laws! They -are amenable for
the correct expounding or the laws
:J' . . i s l .....a
ac.coi umg to mcir just aau iruc imcu
tion and if they dare to expound them
contrary to! their intention, they are
punishable, we can try them. What!
Gentlemen .will say, good heavens,
you senators try. your superiors the
iudires ! Yes. Mr. President, wc will if
they, misbehave, try them, and if con-j
victed punish them. When the na
tion wishes for a court to try-great
cidprits, it-will' constitute judges and
pay them for their service, and when
their service is ended dismiss them.
But no court is wanted to be institut
ed, the senate is thecourt before which
great criminals 'are tried," and they are
not judges' for . life, nor do they re
ceive their salaries, however well they
behave, longer' than their six years,
unless the people chuse to make
them judges, again for their good be
haviour. ,v '. " '
lie. had heard' a case last session
iiV which'a --man was said not to be
murdered if the boat was taken from
under him aod he drowned in conse
quence, and this was comparing the
office of the dismissed judges to A boat,
a very fine comparison lobe sure. He
would offer another comparison. lie
would suppose that he had a boat and
that it was found rottttn atthe bottom,
c in the sides, and thafltiwasso lea
ky and insecure a boat that he would
not trust himself to pass a little mill
damn in it; end the man who took care
of the boat did not care about tiic lives
or-iha probity. that, came iuto-it
what should ho do then ? Why pay
him what he raiav have earned, dismiss
the boatmnn ai.d got a better boat
a sound boat and honest boatmen. So
with the courls, if they become un
sound or useless, if they have rotten
ness at bottom, correct them 5 if use
less or Pernicious, abolish them. Lut
1 . s
shall it be s ul by any member ot tnai
house, that we must pay men for no
thing? No! The language of the con
stitution is, no service no salary.
When a iudec is in oflice he is paid
for his service : both eo together, and
the period of the one is the period
of the other. The. existence of the
oflice is denendant on the will of thoie
whom the people trust to legislate for
them. U i arc to d indeed Uiat me
I! house of representatives las assumed
i . . -i
improper powers. .What arc inosc
improper powers,' saving the public
monev froi.i waie upon men who per-
. r . . .1.-
loini no secxfcc lor It saving mc
earnings of the farmer and munuuc
j turcr from lavishment upon idleness
or pensioners vl have no claims tor
i senice past or present. Is this the
' mode in whieh the people arc to be
ti(d from thetr wortt enemies them
trliesf This government is a govern
mcntof the pe opU, ii is bula.KP-Hin
nunf of plat em tn. 1 he people if
quirv no ijuardiaii such as these to
w.tcli over t!wm. One sentiment f
the gentleman (Mr. Morris) he could
not lut coi.cut with him in. it was
the d.Ktrir.e cl truth and experience
It was the doctrine that dismissed
those Irum power not very long oko
who had abused it. lie say thai me
exertion of force and power, naturally
tends to excite resistance and opposi
tion. Yet it wa right U should w hen
forte is unjust and power wantonly
used. In the present case it U forte
that excited him to rcsislince, those
lacn came into oflice by. power without
iircessity. hv force and pen crsion of
powtr, and the resistance of that undue
the Very act of petitioning they not
only -acknowledge our power but our
right to do as we-think ought to be
done in their case.. Would men whose
profesional habits teach them more a
cuteness than plain farmers like him
self, would they have come before us
i f they thought we wantcd either the
' power or -the right to grant oEifilto
grant wnat tney request : . ii inen we
have the power and the right as they
acknowledge, it becomes a simple
; question'of expediency only. In, that
view then it is, improper, wholly im
proper and inexpedient it would be
absurd under our form of government
to sacrifice the public property without
service or obligation.'
The. Vice-President observed that
he wished to recal the attention of the I
house to the question the memoralists
have prayed the house to denne ineir
duties as judges. The committee ap
pointed by the house have reported on
their petitions, a resolution that the'
house request the executive tocall upon
the artorney general tofile. an informa
tion in the nature of a quo warranto ;
this resolution is now the simple point
of debate and supercedes every discus
sion of a law passed at the last ses
sion, which has been already suf
ficiently debated.
General Jackson wished to remark
that there was raore in the petition
than the Vice-President had mention
ed ;.for besides railing on the house t
define duties which had ceased not
expressio unius expreaio c'tcr'uj, S ,e
have passed a law takint; away th
office, and they call upon u to dcfit. "
the duties of what we have taken a- c
way. They acknowledge they have
no duties and perform no service, and
they call upon us to laokto their com -:
pensation ! We are to!d we sliould re-'-peal
those, laws 'of last '.session-,- ixi
doubt because it has been shewn tht
we cap. do. without the services of the
petitioners. We arc-asked to biip:'
the question before the courts1, ihoyhl--
it is acknowledged we have aright to de
cide upon it. We . appointed a am-
mittee as legislators to consider a K -
gislative concern, and the coiumiat c
bring forth a report calling., upon i.s
to exceed our powers in an exicvuivQ x
capacity,- with which the petition Iri.'s
nothing to do. We delegate one pow
er and they lay that aside and take up
another which we did not delegate',
and they call upon us to act upon it. .
We are told that whether we act or
not there U a power that will do it in
contempt of us and to oar discrr;-., e'. '
Such coMfadU'tion ! ho mut.h u.v.-
strous absurdity he had never htu ri (jf
If the judges think they have the pow-
efto bring this subject bctoru tic
courts, let them do so. But be it re
membered that the power is Ociiiod, '
and they do it at their peril. Ifc l.u!
assentrn -tw the passing of.thct l;.v ; s
bound in conscience, he was cn!:d
upon tiovv to do an act it j.ui-: i.t
thereto;- He could net consent. l e t
long since, they claimed those offices j let us examine, have the supreme rci . it
by asserting that "their rights have
been impaired," and complain that no
compensation has te;n made them
For services which they contess they
have not performed, and for offices
which so far from being impaired have
been totally abolished. He could not
conceive how it was possible to discuss
the merits of the resolution without
examining the claim upon which the
resolution was touwlcd. lithe claim
has no existence in riant the resolution
itself is a nullitvV f
Mr. Wright. It is the committee,
Mr. President, and not the senate
who have travelled out of the record,
i
to brino; in matter extraneous ana com- i
power under the constitution to tJke-
cognizance of any such case, or to -('o
what is proposed to be asked by this
resolution? No. If the authority is"
not to be found in the constitution,
then where is it to be found ! He cot.', J
find that the supreme court had juris
diction in all cases arising under trea
ties, respecting ambassadors, consuls,
all cases of maritime jurisdiction. But
he could not consider judges cither ;,s
amba ssaclqrs or consul s. ; If then the..,
constitution -does not fcive the courts
jurisdiction, is it to be found in the
law: iso. God forbit the constitution .
should be such a rose of Wax I Why
then did not the committee net urcn
pound the merits of the read subject j what is submitted to them why did
lni-lf . Here would be no dialling oi , form, and from whirh tl.ts- were le
jurisdictions no tidence no disaM jjaliy diKharred hall we pay men
frrtion no ill blood no hatred ex- Urie for cflke which do not exist,
cited no animosity uirrtd up. But aalarie which are naval le only Lrer-
haaitbenidthatarcwjudgejwou.i. tic e and duibg the existence tf
dart array tUemsclvct against the lc. oflkef
exeuion of force, put them fairly out.
It is the force which their petition ha
attempted in this house, and the wr
ei measure of the committee which
called him to resist Uichard Iiasset
and to eaU-cray. protest ga'ut him
and hiifntopanior,! it i measure
of font and h fraud too for they
wish to force from the public treasury
money that doe not belong to them
money thai they never earned rowney
for which they have performed no
service $ ftrwt it It ibis attempt at force
and fraud that excite me to rcaistance.
Lut Mr. President. look at their
for consideration. This is an appli
cation made to the senate in its legis
lative capacity, to reconsider acts pas
scd by the senate in the same capacity
on a former occasion. It is an appli:
cation founded on a double suspicion
that the legislature has done wrong
that the executive has done wrongj"
in rep aling a former law. 1 he con
stitntion hu entrusted to IbC lcgisla
lure and to the magistracy particular
but distinct powers. 1 he legislature
exist directly undcf the constitutton
responsible for their conduct at stat
ed periods to the people. The judges
exist unaer ine tonsuuuion, uiuircu
ly under the law, but rebjxmsiblc only
to the source from which they derive
their immediate existence. "The se
nate holds an intermediate or mixt
character .partaking of all the func
tions, legislative, executive and judi
cial.1"' A legislators they determine'
the expediency of courts ior the ad
ministration of Ute law, ns to their
number, practice, and duration ; as
part of the executive they advise, and
as judges in particular cases they de
termine, upon criminal accusations.
Here then arises a question, is the
case of the memorialists one of those
in width wc can or ought to interfere?
' Is it expected that we arc to pass sen
tence of error on our own laws? Is it
j expected that wc will arraign our own
acts : Is it expected that cs an ad i.
ry council to the executive we shall
interfere and dictate lo l.iui, what he
should do in the exercise of function
cxclnsivery his own, and by an officer
vdlU-vhom we haxu uuihcr connexion
nor controul? Is it expected that, if
there were any just foundttion of
complaint, that we should anticipate
judgment on a qui .i.ion which miht
(if there were foundation) loiac before
u in a judicial capacity ? In (.11 these
views it it evident that w cannot ei
ther acquiesce in the claims, nor a!
giee to the resolution oflctcd by the
committee. The law of last session
has completely decided the merits of
the claim it has not mcle provision
for (he officers who were dismissed
they ime'rupon the house a resolu
tion which' had no relation to the duty
delegated to them. -
Mr. Dayton calltd to order, er.d
asked if remarks of that kind were or
derly. ' ;'""
"Tho !rPpr5.1iT!tT ft ll... .
tleman proceed.
in Sen at m e-v tue UsitTrh tati t.
February 25. .
The Senate resumed the consider
ation of the -resolutions respecting the
indisputable right of the United Statts
to the free navigation of the Mi-tssip-
pi, together with the projscd amend
ment thereto, and a division was called
for U. the question was taken on strik
ing out the fiist resolution ciTercd ty
Mr. P.oss, as follows:
Resckcd, That the United Stitcs
have an indisputable lifcht to the ftue
navigation of the river Misissippi, at J
to a convenient" place of deposit fi r
their produce and merchandise iu ti e
island of New-Orleans.
It passed iu the afhrruutivc.; yeas
15, nys 11.
On the question shall the remaining
resolutions be stiuek out, ts folluw Y
. That tie late infract ion of such tl.c'.r
unquestionable light, is t.n a-iei-sita
hostile to their honor u.d interest.
That it die not Vcr.sist with the
dignity or safety of this union, tolohl
a right to imrrtat.t Ly a tem.tt to
uncertain.
That it materially cenceins such of
the American citizens as dwell en the
western waters s Mid iitssvmUltotl e
unifjiwslitiiath unl piospi r it y uf tl
t..tes, that they cluin totnpletc e
curity for the full ar.d peaceable t iroys
nient of such their absolute tight.
That the President be authoiln dt
taVe immediate possession of such
pUce, or place, in the said island, or
the adjacent territories, as he may
deem fit and convenient, for the purpo
ses aforesaid ; and to ador bU( her
measure fcr obtaining thd comj.Utc
security, at to him, in lis viw'.un,
shall set in meet.
That he he authorised to ci.ll Into
It t.mm Jt A .1 t (!... ..ir.-m I. ... - ' M 1 1 fl I k-r k !f . f, V till ml rf- t f 1 1- . .'. .
t t II9,1(.(.I-11VI lt ,1111, limits ( i....'., ..i....', ,11V mi
I ceased, and the cmclumetit with the hiia of S. t'an.lina, Geoif.ia, Ohi,
jofllct. Let us see does the c tuistini- Kcntuckcy, Ttnnissre, or cf the Mi
tion authorize ts to adiisc or diiert sissij pi territory, whieh he may think
the president proposed in Ihe.reso- projtcr, hot exceeding fifty thousand,
lution. It doe pot. Are not the ir- and to employ them, together, wit'i
;ctimitnc in which we hall advise the military and naval forces of li e u
clearly pointed out, andean we excetd ition, for ctTecting the object above
inc pnwcii incrciii k" puum , mvmiwiitm
v. . . sv ts a k . a . .a
thank that Kentlemsn (Mr. Morris)
i whose Inenoity he much admirtd,
to lay hU hand'on the place wherein
ny authotity of the kind was e'.rd
Do eentleintn forRet li st it is the c'u.
if of the executive torthc lawi'cxc
cutcd. and that the claim of the me
morUVist I mle In contempt of the
law. Have we lost confidence In the
executive, or i it meant to insult him
in hi ofT.ce. Are we to tell what I e
the S very petition, look at that voluntary . ihouhJ do, and how hethould ettru'e
' pre meditated act of those tucnj ty,. hi duty. If is a teed taw rt.ax.m
I 1 hat the sum of five millions of dot.
li' be p;r.tnitttl to the irt)ir
Into e(Tct the foregoing ns'dutif.ns (
and that the w hole or any pait cf that
turn he pai l cr tpplird on wairart
drawn In pursuance cf such dirt-ctior.
at the Prcsi'leM may, from time to
time, think proper to'tvc to the ie
cre-ry r f the ticaMirv.
It passed in the bff.miativci jes
I, t.ijt II.
The qie'icrt oji ll e reo)utit,n e f
! lir aclcut i 'i;1 t! in ultt , u 4