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

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