Newspapers / The Raleigh Minerva (Raleigh, … / Feb. 23, 1802, edition 1 / Page 1
Part of The Raleigh Minerva (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
.... ..-vv ; t,' .1 THE NORTH-Q ARGLIN AS -MINERVA. m"rRf'7!"T,mmm j-1 1 i2LiG --Published bviry TUESDAY W,HODjSE:BO Yt AK.; : V w ! V , 1 Ttuemfivt ShiilinRt per Tear? SENATE of the UNITZI) STATES, -, IVtJntfJtift January 1 3V , 0 motion nf Mr". Bfeekeiridgej 't repeal the aft puffed hfl fejpwfur ntv mgammtht cowls of the United Slates, . '-'y Mr. Sroii, ':of NorthiCarolina" The ' iT.portanc of the ptefeftt iicftion niijjht, I prefume.-juftify any member in- deliver irtjj hi fentimenti 'without ptogr.-''t''Bot''' from the 'atjle maffner -mhfch the Tujft has already beefj difcufTed, 1 (hould bar heen induoed to, ailiere to my ufuaf cburfe finee 11iae Peen a member of. thia iody, and leading jtt elucidation to Olheis "oH (rester expertence ana mare talents, have been contented with filent bte. VA however; the fljtc vhofe fervent J pip, tod' w hofe faiihi il ftrvjnt I wLli af ill timw ta be foundt ha intuclvd her member 6n tin's fnhjcftt I will, endcavoHV ia tjie phln way of which alone 1 tfn capable, laafiiu the resfina for my vyte. And , in doing this, J rather wifii thau hpe thai I may? (late .any J iling worthy ths. eonCdtrat joa of tiit eoh'glitcneiairemhTy. , . The argument' up;n this qiirftion has na turally divided into two parts, thereof expediency tlie'oihefconftitutionality'. ll the repeal ot this law ihall be deemed expedient, the fenate will cloubtlefi conlidcr it their duty to repeal ft if no eonlitmional objeAion opposes it 4 but if it Ih.iU Be deem ed unconftitutional. to repeal it, then no conlidqaM'on8,bfexpediebey cau f Jbnd in the. way of that, folemo i((trumcnt we are II fwotu tfuppbit. . s. ' , Before . entering" into an examination of 4 he erptdieiicy of. the repeal, it miy be proper to remark, that gentlemen' vHo has fpoktn agiinft tlie repeal, whofc talent! and ' eloquence I hicWy admire,1 have not cor-' rcctly Hated .the Xfuedion.- The true que! 1 "- v.iu.- ,.. i tic true ij.'icii- i we can, at on examination 4 tliitik ia, not whether we fhall deprive thtfl truftthc refolution will he adopted, pie bf the "tUnrted''SfaterVrar.trieTr 'T.Tf hnypnti-mai. frnm ir-.t. - pfople of thrtUoiiedKateroraTWir courts or julhce ' but whether we (hail re doit to them their former court. Sha.ll e, or (hah. we not. continue an s neri- ment made, -or attenuted to lie made. V v ill not fay imprbperly, becaufe mr refnedl for this body and for my cbtintry, forbid the imnutation 1 but I will f.i ttiar ill length of time wc remained without thV fyuem; and the repeated intfTrdlual at tempts mde to eftablifli it, prtfenr ltronj Teafons fort - inferring that there are , iior. thofe great appateiit rcafonin favour of it t hat have been Rated. A fj Hem, -Tome what fimilar to th piefent, had - been te jecled by the legiHature becaufe they pre-' i erred the former : Jyftem, i Aiioiher evi-' deuce to the faroe'ptirport .ig, that fciiring the lad fcflion when thejobjeft .va again revived, and j the pTfent'pTau adopted, an nmendmcnt wa uffejed, to amend by fx. tending and enlarging the former efLbiiffi.' fHererTSTo - .7 : vitiViiU lllIJ I pfopofed, which augmented tne nu:i.t,er of) jiif0 f iljt itipr.mc coutt, and aHitMied .tluircircuil.). I(l t ThiVamindment rrjefled, and from , the Vflteentered on thr r .1.... it appears that the difference of votes againA 4 ""-uif Hi was lormcd of thole gcritle 1,1 -5 n wno .iiio.in'ind4'tt6iiient;" made vacant by the prooiottoniil under h new law. . I do not ttate tbi cfrcumflance' as an evidence "that thefc gentlemen wer influenced by improper motives ; but to (hew that the manner in which, the n.i in " was formed,, ws not calculated tri eftablifli in the public mind a decided preference of; it over the old fv(tr m. -. ' . ' J Having rjudethefe remarks on the great '' rlehberauoo aid to have been manifelled .'n tue ajlopuoa of this plan, I hope I may be permitted to npittrafT&T&iKldaEt with the pentleman from r,inr,..A: w-. court, are r-eceflary for the idmiirfuf.tioo -fjuft.ee, and that without them pur Jaw. t it arDear ''TTin.ir.'t!.i . .i J i ( '"'"'on of jnaice.nhat thofe who pretidein .our COurU fl,ouid be - well ac- WditUthelawahicharVtogS their deafion.. And I 'ippwheod that no way fo.much. 'c.lcul.ted-io impm bii .nl ?u?du,8 Co in the feverel Hates, and hcarino' . 11 4 . n wno are nan; dilcul. tlicm.. It , therefore, abfoiutelv neceffary , mj miudhat the judge, S h cintrolall tt Maon nofe-deaifions-reft ' ;i .."' "" ' ' . j-." "r 1 " ' - ' - . ; ; -.t vv-. :'....' ; ;':;, : . T;U E SI) A the property, Hht reputation, tlie liberty! and Jiyes of our citiiens, fliould, by riding the cucutta, render theoifelves practically acquaiiited with, their duties. It is well known that the knowledge of the laws of a (late is not to be fuddenly "acquired. and It is'reafonable to coTclude that that know.' ledge ia moft correctly polTilTe by men whofe whole life has been devoted to the acnuifition. Iris alfo nerfefilv urcll tnnu7r. "that the knowledge of thfi anodes and prin- r ' . jti"?.' .t. jrn- a. tiuic yt jacin-c 111 me uuicrcui nates,- or of any flate, i mod efTef2ual!y to be acouir- itt in cdiirtl. where gentlemen ofikill and experience apply thofe principle! to ufe upon cxiitipg points ' 1 r a. .1 - -1 .1.-1 r '. i '. '.' in my opinion fo radical, irTai of uftlf it would decide with me the qutilion of expe. eiency....... . - r . . - -Wnh rega iie cxpr nee of this new fyftem. l will. hat it ?weighs as much as it is wort! bogle conlnleration of , 1,000 dollars, may not ch . importance, when . 'nefits derived from an an expenditure ' be deemed, -o weighed with tl adminiflratiijn couiiliy. ,l( this ' v cc over t his extebfive v object can be better J.lionaI exDence. thrji effected with the-; it is proper to confider whether the amelia tion is worth the price : but if it is not bet ter effected, it fu rely cannot be the withof any gentleman " to iocijr a ufclcfs expence. If, when this law pa fit d, the bufinefs, to the tranfaclien of which the old courts were fully' competent, was leflening, then furely there was no occafion for additional tribu naU. ' . - f . The moreimportant eonCderation in volves the COnditlltioiuI niipfll'nn ? 'Pan m, according to thr-t facred inftrumenf, repeal tnis law, ana ctiiroy the onices created by U ? If we-cannot, 1 hope the feniate will re. jeff the proportion or. your table But if we can, as on examination I think we' may 1 ...-n. .1 r 1 . - ' ..... . ' The genrlcinan from Kentucky. hti in. troduqed this fubjea, has To fully and forci bly tta fed that paitof the' argument which (lablinej.hat the ofEct' of Judge being de clared by lhe.confli,iution to be during good btfhaviour, mud evidently apply to exifting offices, and not tocontcll the power of the legiflaturejtf doing away ofBces, that I fhall cotjoueflit T havc taken a view of the confi li nt inn. which, though new in this 'aigiiment, ap pears to rre to he corieifl and conclufivc. The 4th feci run of the id article of the con' dilution. declare, that the picfidtnt, the vice pufident and rll civil officers f the U nited States, fhall be removed from office on impeachment for, an? conviction of, trea fur., bribery or diner high ctimes and mif demeanors."- . This fcflion being added to the article iftablifliing the execuiivepower, evidently operates rs a reftriclion and curb to that power to prevent rhe prcfident, vice prer fiucnt or any rfiicer in the appointment of the president from remaining in f ffice, when in the opinion' of the Jegiflature, the public good nqtiires them to be difplaced, The practical conftiuction put npon this aiticle ih Cbnt.eflion with Other nartn'nf the rnn. flitution.is, that all officeii in,,the appointJ ment at the prejiiient may be removed at htriwill.- bttlthat-thbfe'; bffieet'fcr'.tbgethe'r with himfelf and vice-pre("dent,Z.ay be re-., moved upon impeachment and. conviftion by the lee if at u re. No riart of the mrifti. tutt'on exprefsly gives the power of removal to me ptencent j but a contt ruction has been pted and practifed upon from nectfuty, giving him tRat power in all cafes in which he is not cxprefuly leflrained from the exer cife ofit , ' The judges afford an tQllnce' : in .which he is exprefsly reft rained Ti-om" rcrao. lltbejng declared by the ift feaion of the -d article of the conflitution. ihat the judges, both of the fupreme and'infeilor 4 " " . n. it i i. ... r t: - J-" - . ,'u , ofcauie tue peope bave re courte.JTtall . Jbold,the.rolB, dunng good! tamed their own hands the powerof behaViouri:hey doubtlefs fliall (aiaga nil! c iTirprefident'rf Dower to retain them in of ficejib common with other officers of his appoiatment, be removed from qffice by im. peachmentand conviclion ; but it does not follow that they ibay not be removed by o ther means. ; They- fhall hold theiroffice during food behaviour, and they fhall be re mjpved from office upon impeachment and convict io of -trealon,. bribery ' and other high crimes and mifdemeanors. If the words trrpeachminl of bigh trims and mifdemeanors, be uhderftood according 10 any conftruot ion of them hitherto received and eftaKhn.. td itrwill be found that although a judge, miilr nf KirrK ; U .l ':i : T?-FiauAr 23, .180?,; it always guilty of niflfhaviourin office 1 yet that of the rious fptcies of mifhehavi. one la-office, which 1 mj ftpdAr it exceed ingly improper that a judge ihould continue ia bflice, many of them are neither tre.fon,' nor bribery , nor cart tbey fnopeily be dig nifiej by i he apptlUtiou of b'gh crime and roifdemeano . "And . for thftjoipeach ment of which no precedent can te found t nor would the worda of the 'eonftitution jih fy fuch .imrjachment, To what fource then fliill we -refort for koledge of what conflitutes this thing called mifbehavour in office ' The conftitution furulv did nor in. lepd that a circtimlWtoce fo important as the ' ' t J " ce fhould be incapable of being tfcertained,' Their mibehaviour 'CcttiivAy is . not an ini;' peachable offence J dill it isthe ground up on which theludgesarfr'to be removed from tenure hv which t'i ludrrei hold their niii. oflu'e.' The procefs of inipe ichmenr, there! fore, cannot be the obly wrbr which the judges rf ay be removed from office under and according to the conSituttorr. I take, it, therefore to bra thing undeuiab'e, that 1 her reticles wmewnerc m.the government a power to declare what fha.l amount to, miltjehaviour 10 otiice by toe judges, and to .remove them from office or the lame with out , impeachment. The conftitut-ion does not prohibit their removal bj-the legifla ture, who have the powers tb make all laws necefTaryand proper for carrying-jntex4 ecution th; power veiled by the confitiiti on in the government of the Uoited States. But, fays the gentle:naa from .New-Yotk? the judge are officers iiiflituted by the bn. ftitution to fave the people from their gftat el enemies, thcmfelves and therefore they fhould beentirelv inrlrne ndent of.- and he. yond the controul of the legiflatur. If fuch was the defign cf thofe wife merl who famed and adopted the conJUtUtion, can it be prefomed they wuld have provided fo ineffeftual a barrier as thefe judges can re3 diiy-inowirtober It is allowed on all hands,-4he h giflattire may modify ' the www. n-v.j win J uu jUUtBf IUCJ. I11J !i Jk the times at which the courts fhall fit, (ct. STrppofV the legifljtUrc to haVe intefeft dif-' tinct from the people' and the judges to fl J!-l t it. uaoa in tne way or executing any tavou rite meafure. Can any thing be more eafy than for the IrgifHture to declare that the courts Inflcad bf beirlg held femi annually, or ofteher, fhall be held only once in fix, eight, ten, or twenty years ; or; in order to free themfelyc from the oppofiicn of(the prefent fupreo-.e court, to declare that court Wdii iifrearter Oe held by tluneeo juOgee An underftandinrr between the orefideni and thi fenate would make it praclicablefo mr the new otlices with men of diifelent views and ODinions from thofe r.ow irr'tinioe And what, in either cafe, would become ct this boshed protection of the pcljile wainft themfelve. I cannot Conceive die cooftitotion intended fo feeble a barritr a tssintr fo eahly evaded. Wliatdanuer ia there to the npnnli- finm ike; Icgiflatuic v hich the, couits contiout ? rhe-mians of oppreffinn riearril at hsnd to I f ! i' ... . iae icgiuature, Be which iitords tue itrong e.l temptation n their ufe, are, the raifing extravagant and unnectflWry fums of mo tjcy, and the embodying large and ufr!tfs iimies.-Can the courts oppofe effecWl Bfiecks to thefe powers M prefume not. The conftitution permits their exercife to any extent within -the difcretion of the le giflature.' The objects cf courts" of law, as I tin detftand them, are, to fettle queftions of right between fttiicrs to enforce obedience to the laws--andj to protecl the citizens agamd ' the oppreffive ufe of power in the executive officers. - Not to protect tjiem againft the legiflature ; for that I thiifk I hive fhewn to be impoffible with the pow ers wtich the legiflature mav &fely ufe and CBntrottling.and ilireclinir the lefffflatuk bv their immediate. anA m.,i;:it .i.A.'nn. of prefidentf ftnate and houfe of reprefen-tatives.- ; " , '; It is riot alone the fixteen! rank and file, which the gentleman from . New York has fo ludicroufly deDicledl-rhar .. - , i -- - - - r r medtate danger from, but; it is tbe prin-- an hofpftal of incurables, and declares tha an expiring fadion, after having loft the public confidence, Jnay add to tbofe fixteen untilthey become 1600, or i6',oco ; and thatthe reliored good eafe of the legifla.. ture. the whole trovernmtnt anrl the rnnftl. tution, reiaind no means of cfting thcrh pff, Vol. VI. N uWb. 30 but by tltflroyirg itfclf and reforlingto revolutionary principlti- .The legifUture may rspeej : wneceffary taxes, tnayctifoanJ -ufc!tfs.ind r expenfive armies, may declare . .they wiil 00 longer be Jiound by the ftipu- .: latiohg pf.an oppiefliye ; treaty; and if war, fhould follow,, the : Coiftiuition is flill fafe. But if the conftrudioni which irentlempi .contend for he: corred, a band of drone a to any Auount in: number. iindir thi Amn. . mioation of judges, may prey upon the Aib. -.. fiance pf . the people, and the government retains not the bower to remnv rTm tmr by deftroylng the conftitutioii itfelf. , : . 1 befeech this enliphtcned aflicihUv tn , -paufe before they adopt a tonftructipn Ca. 1 ' pab'c, of producing fo gteat.a njifchief, and - 17 irciitctuai to tne enqs propoied. m , - The ajueftion it not now, as it would feem from. ' the arguments of gentlemen, - theyimderftirrid it to be f-whettVer we fhall abolifli offices without coropenfating the of ficers for the facnifices they may have made. If affibpofal to compenfare them fhall be brought forward, the tegiflture will furely " yal nor "nd jiiftice. fliallrequire. , t. polTefTcd t- equal powers, of fpeech with the gen ileroati from Conntaicut, I might be .tempted to make as imprefaVe an addrtfs to the feelings of the fenate. Sue yn" ?eeV " deep an inteteft in, and fo-. licitude for,, the.conllitution, as that gen tleman. J view it with him as the bond of our union and. the foundation of our fafity. But it mull be fiipported on reasonable and practical grounds. . y . . .. - My ui.deiftanding iXTncapablc of feeing how the sbfu'tdities und evils of the con (lril(ftian cantmAfA (,. K auM,t I hapt therefore that tbV, power of the le giilature to put dowh,,aj well as to build;; in. rnii.ln I..!!!--. J -I I : ' 1 " -r, v juuic, as toe-puoiio -gooa m..y require, wi'il be eltablifhrd V, f Not have, acculfbrncd myfelf to deliver my fentiments iirthisbr the other branch of . the-legiflattire, l-may ISot liavKcompfTrid them in fo fhort a compafs, Win fuch br. derly ftupe, as would tev; proper in fubmit- ' ting them to this enlightened affembly. If, however, I jfe'facieedkddoflatiflg'iiaT'- ttliigibly the grounds of my conviftion, I am fatistitd. If my rtDmtltshavr contri buted t ejucidateL the fubjed tb others, I fhall rejoice ; but if failing in this, . thiy alfo afe mixti with i erf 6r7"tWutrgTntje men will fet4hem right. . Troni the London Portupine. To tie right hoimrahle Lord Haivifbiin. uij ttAujciiy i Kxrcreiury of eiaie jor CO' reien iffiii s. " . My Lord The hare enumeration nf our numerous conquells has already cuft me more time and bains, than it roll rn to furreoder them into the hands of our enemy. . I . have traced your lordfhip bvr the Mediterraneirt and the Levant, into Egypt and AfricWon the feas and the land of Alia, to the iflands and the continent of America. Gracious God I what a fecne ordefolation I 'FortrefTcs, harbours,' cities, piovincc9 and iflands, you have fcattered like autumnal leaves. The whole "globe, my lord, is Ifreed with the ruins of Eng. land. eveothe fiflieries bo our own coalts weTeita7g'cb6'erghtJfory6ufeeWe' and tremblini? hands. ' , ! : ' ' ; It is for the French, and.1 what iV wnrk. It is for the regicide Fiench, that our fleet and armies have 'ought, bled and triumph ed ; it was for them that we took Minorca and Malta ; it was for them that we' de fended l.'orlp-Ferrajo ; we drove : them from Egypt, that we might again leave it at their mercy, Wether with the other (dominions of the Turk, -who, in any1 fu. I tute emergency, w ill in vain hope for pro tection trom our fleets and armies ; which, by your treaty, my lord, are... forever 4a nifhed from a fea1, of whiah .their valour had given us the abfolute.dominion. LForL im. ncnu 01 rrance, and to facilitate their communication with India, we receiv ed from the paitifans of the Stadtholder, the Cape of Good Hope and the fleet in in harbor. , To th regicides of France we ; have- furrendered the Spice Iflands ; in " SoutbAmerica we have gainedfor them a vaft continental territory, extending from' the-Amazons to the Oronoko, "and that too, at the expence of Portugal and of the otaatnqider, by whole adherents Sutinam was committed to bur charge. The French iflands, particularly JMariiiu'co, -, which We received from the faithful fuhjecTtrot Loufsi. ' XVI. .we .have gienup to thofe whb led toat pnace to the bloci. - . -1 r ' . 1 nbta 6- I . -J...., I . ! ' i ''I " ' ' & 1 ' . ' ' " ." ' .';' ' " ' - , h 1
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 23, 1802, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75