Newspapers / The North-Carolina Minerva. / March 28, 1803, edition 1 / Page 1
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, ' TvHly-fr Shillings per Tear MONDAY, iAfARCH-28, 1803: Vol. VIII. Numb. 364:'- , SPEECH Ofc u , " Mr. GOUVERNEUR MORRIS, In the Senate ot the United States, pntherefolution for (lirefiiag the Secre tary ef tit: Striate to give, an attejled eepy of the proceedings relating to the nomination & appointment of ' William Marburj and o therSy dsjujlices of the peace in tie territo ry of Columbia, . r WHEN I firft rofe in this de bate, I felt & expreffed much doubt ; but the better reafon appeared in favor- of the refolution.-l had deter mined to vote for it At prelentmy opiniofV jtjeaf and -decidedr-rThe: onyiflibri habeen produced by the: argument of thofe who; oppofe the refbluiioiiv 'Thefe contain the moft raonftrout fyjtemtf tyranny that e yerTbeuev national aemblyi Permit me to no-' tice' a few of- the firings pofitions It has been faid by a gentleman , from: Georgia on-my. right, Gen. Jackfon) "that an extract from u our : Executive Journal mould not be gi ven to a fuitor in one of our courts, pecaufe it; may contain matter to fup port ah impeachment againfl the Pre fident. which impeachment is to be ; tried before us ; : and therefore we, ! being judges ftiould not alio become parties, by furniihing ervidence; ' And yet the fame gentleman has told us, "that upon the demand of the 6-' ther Boufet (vhoracc6rding to him nave a,ngnt 10 aemana eyerj tnmg; Ave.jufabourVd' tO furnim this very e-'j VipenG.'ifjibeyYequ .purpofe ,of .prjnging & maintaining an impeachment. Thus wc , mult withhold from a fellow citizen the e vidence ncedful to fupport his right, becaufe it may f u: nifh ground for im peachment, although nb queftioti- of impeachment- exift; TThis too it item"s,r is required by the 'impartiali ty which we Jhould preferve as Judg es, before whom fuch poilible im- peachm'ent my be tr ied ; but where ther is qu.eftiorfbf impeachment, and where we are in effect the judg es, then;? forrtoth, , on the demand ot the other Houfe, we are bound to ' furniflMhat evidence which we are bound now tp withholds w ; ; We hive been told, that the exe- cutive officers are all dependent bri the Chiefs and '-aft under his derecj tions ;" that! therefore his dignity is? implicated in their acts And con!ej quetitlythe "conduct of thefe. agents muff not be qiteilioned,1 left his dig- -.nityv be imp'airedr Whar bfoaderf fhield can bVjnrerpdied to flicker the agents,of executive authority t How; ,.can they be mqre confeiTeilly guard- etj againft alljriveiHgation? ' demnation of thefe ageuts mult afitd the dignity of our Firft Magift rate."--Muft it indeed ? And. is therefore no profeeution to be made ; is no con demnation to take place 'I his is in deed the golden chain let down froU ; Jove p bind the earth in vaftalage. And what becomes of our Prefident's 3igrutyrunder this flrange dodrine; A iunordmate agent abules his truth .violates his duty, and is guilty of mal- practice ; he is anaigned ; and be cauie the culprit is con vided & con demned,, is the flignity of .Govern ment therefore violated ? ; We have ' been told that Ja Treaty when proclaimed by the Prefident i the furemc law, and that the previ oui aflent of the Senate cannot be en v quired inio." Gracious1 Gd ! 'And is it come1 this, that the Proclamatt oris of birr 'Prefident fhall be the fu- muff fnKrtiif ndhowis this monftious dodrine Jupportcdi : Why jve are told that becaufe it U not proper in the cafe of a common Statute : to - examine the Journals of the twa Houfes for the purppfe of knowing whether the afc (ent of each was given, therefore we muit not examine tnecxecutive Jour nal, of the Senate to know whether two . thirds of the members prefent advifed and confented to the ratifica tion of a Treaty. But are thefe cafes at all fimilar ? The law is figned by the Prefident of the 'United States, th6 Prefident of the Senate, and the Speaker of the Houfe,sitcdntaini therefore the beft evidence in the na ture of things, that the full allent re quired by the Cohftitutlon ha's been giyen3utis this the cafe Twith h treaty No; The evidence of the: confjent;:of this Senate appears only j by extrad fromtheir mintites, made out. by their, Secretary.. , And fhall this preclude the enquiry whether in; efFed that aflent was given which your Secretary has' Certified ? Tth -We hayebeen told by gentleman, who fecm to know all the merits .of the' cafe which is before the court; that ihe dignity of the Prefident is in volved in it. For; my own part I know nothing of the cafe, neither do I wifh to know, for I have no autho rity to try' it But the gentlemen fay . the dignity of (the Prefident is invovl ed and that we are in duty bound to proted his dignity. But h$w ? i What have-the petitioners aiked ? 4 They have afked the evidence of a fad. - And haw are we to proted the Prefident's dignity ? By withhold ing that evidence.' An are gentle men then of opinion that a difdofure of fads will impair the dignity of our Firft- Magiftrate ? . Sir, , I hayetio fiich apprehenfion. . I truft that our Prefident has aded properly, and that a full enouitv into fafts m redound to his honour. Thofe, who oner this reioiution, leem 10 think o-therwife.-J3ut I afk, are they prepar ed by their vote to declare that inju rious opinion ? Is there a gentleman in' this Senate who, , when the yeas and nays are called, will record his opinion,- that, the dignity of our Pre-i fident can only be prefefved bv with hdlding the evidence of fads r ' i . . We have been told, Sir,' by ah h 0 horable member from Kentucky jsx Breckenridge).that a right to exa mine implies, a right to corred and contr46ul. J "I his propofition has been freqnently advanced on different oc cafiofls.. I never noticed it,. becaufe it appeared to carry with itlelf i'uffici entrcvidence of it,s falacy y bdt fince it is noWagain pi bduced, it may be well to give it one moment's notice" A tight to examine whether" we aV greeto1 rcbhain refbfutiorii implies',' it feeml4"a right to 'controiu our con-, dud;' It may, be a queftion, in.an in? furanceeaufe, whet her dm ages was fnftaihe3'"bj;a'; Violent ?.winci-; at. fea. oTSIieiemnart imnlv a riaht to.cornniiinci thf winds and ;tfie fX lpb$ the enquiry "wEe-" ther a fhip has perifhed in the ftorni, imply the right i 0. corred aridVcon troul the Almighty ruler 'f ftorrm ? j We have been told by the member laft up," frorVi Georgia,' that; the evi dence,alked for -by the pet itionerS is ufelefs, becaufe,' although'.the Senate may have approved of '(hem f;as offi cers, upon the Prefifeht's nomina tion, yet it was ; in the idicriion of thi Prefident to makor, omit the appointment, which alpne could con fer a right. T hat gentleman feems to be perfedly acquainted with the caufe which is depending. He knows precifely what proof is needful for the profecutor ; and deeming that which he afks for to be - infufiicient) thinks propel to jef Af ic ! .' j' ; It appears to mh, fir, that this Sc-K nate is not . the proper tribunal, either to examine the merits of the Caufe, or the. validity and weights of evi- jeds of enquiry flfewhere' If we a-.1,- u . ever, we prejudge the caufe j ,- and I i fhall be glad to know, itjbis pradice ! which a like refufal may not be made. ' A 'client is advifed by his ' counfeLo ' apply to us for evidence In our pow. 1 er, as heedful to fupport his rights We refufe becaufe in our opinion, 7 that evidence is not alone fufficient. , .. But the fame gentleman has told us he would not eftablifh any general precedent, He iwould always judge of the: particular circumftahce j land under the particular circumflanges of thi$.cafe,.he would withhold theevi dehlce alked fc)r.BrjtwtH ofthis" eftablifh argeneratpreced are preceaenif Guaoiiineaips it Uli al for judges to make decifiphs for the fpecial Rurpofe of, oecoming'prece.' ; dents i No fuch .thing. 1 hey give judgment in a cife which comes be-' :fbre them; and that iudement:' hn. comes a precedent-for-fubfequeRt eaies turning upon tne fame prmci pie.. , I fhdll be glad to know then,' how a diftmdioh is hereaft.er to be ta ken between this and other cafes.' Here 13,21 fuitlpending in a fcourt of juflice and one of the par ties-applies fori piece of evidence which he is advifed- is ' material to eftablifh" his right you refute it. , When in ano, thervcaufe, another party ffiall apply, ori what ground will you grant that which you" now refufe ? Will you sgain . prejudge the caufe, and give them the proof becaufe you deem it fufficient to carry the caufe. ; - ; Mn Prefident, ohe wordi more on that unity of the Executive which the gentlemahJaft up is fo much"at tachedjq. "Although I have alreadf fpoken longer than I intended. I muft. pray one moment's attention.,. That honorable gentleman thinks, there fhquld be a perfed 'unity in the exe cutive power,.. The divifion of it U iriconfiftent with his ideas of-good government, & therefore, he would admit ot no enquiry as to the fads whjch may - have, happened jn Tthe courfe of Executive, volition, . but give.full creditio the cbmmiiTicns k proclamations of the Prefident.-- Thel'e --ideas't- iXi ; onfifl: well with monarchic inftitution. .. Our ibve reign lord the king is indeed pof ftfl'ed of the fulnefs of executive pow er, and may. exercife it at his plea fure j but as to pur fdvereign, lord the Pi efident, 'the cafe Is widely, dif ferentX. t'I hetAmerican Conflitution has given to this Sen.atjei wholefomd xhect uppn his fovereign will. ;; But according to the dodrine which gen tlemen now advance,, this check i nugatory., Neither, the people; no?, the courts mail queftion hiscommlf fiohs nor. ,hisDrochmati6ns.:,His ' commiffionsjit 'feems,iconfer ;iorii.. .pleat author it t ? his proclamations afe)he nipreme law : he may for m what leagues he pleafes with foreign powers,1 and when he fljallrpclaim them,' we are held to'implicitcdi ence. '. To thefeUcdrines, fir, I take leave, to enter , my, difient. I hope that when the1 rights of American d tizenslari invaded, not only the 6u- rPKroeonrt J?ut the County Coqrt ot the mbit remote diftrid will dares to examine," to judge, and to r.edrefs. 1 hope this Senate will never, by an admirtiori of fuch bafe and flavifh dodrines," fur render the authciities conferred on them by our Conflitution. 1 horje they will ever be readV to aid the caufe of freedom and juftice -and in this hope, I fhall give my vote for the reioiution on your table. ; r 1 0-ALLWHOM-IT-M AY COKCERN i ' "VI once i liertby given, (tat a), ihe Silj.eik-i x O uit to be litld for the District of Mero, in &e . State or Tennessee, en the luth ot May next, I )ijiH' move the aid Court for an order of survey to correct an error or likud comrhitted by revcrsinc the courses and luneying a tract pf 3840 acieg of land for me and in my name contrary to the locaiion, in the county of DavidScn and State aforesaid, and on Stone'i River. ? ' --. JOHN MEDEARIS. Wk County, N.CMarcU ttb, 1803. ' " ' , ,L A NCA.STtit, (Pnn Tb..f.'i COU, RT OF; IMPEACHMENT Judge AnbifoN's Case. - 'J amprehenftvejfketfh ofj&e'lejfimony on the ' " : ; ficnd article,.- , v-. I w ' " (Continued) 1 : ' ' ' ' ' ' ! CkOSS1 EXAMINED. T f - Ii . : ; Lucas faid that .he did not leave the bench in confluence of anv oerfon-' al fear, but ef a combination of cauf eS but believed ;if he had not de lifted, that coeriive meafures w'ould V The gentlemarx laid Jhat he oner-" ed me the babfer- containintr his nrcu " pofed addrefs, and that I did not re ceive it. : Will he fay that he offered me trie paper before I made -my, de termination to confider the court arL joutned fofar as it regarded mo ?-r- -ineret(if former atiidavit ot, Mr. Lucas, w hich mav.refrefh his memo ry inis particular.. , t- ..Mr. Lucas faid,. f he did not recol- lcd.. ihe faid he had not m reafon to h w umcieiufmuaiion, duc 11 it was . the. cafej he was willing St lhpuld bo io. ' ' ; ,ytte8mtiy Judge Jddifon, "' 'What was the fubied of mv charee to the grand jury at that time ?' ; Anfwef. ;.! thought it was a very proper charge-. t , . Oueftion bv the fame. Was it not' a very , long one, and every word of it relative to the dutiesoi a grand ju-' rCil; '. ,,! ':... - ' Anfwer. It was, but I did not be lieve that, every thing that related ro -th bufinefs of a grand jury, was con tainedm it. h. . . . , . Queftio, . .Was your prepared slck--drels intended to take,ntice of any . fault or error in my charge to the ju , ry no Kind , or fupply ni'y , ziniwer. xnere was criticifm in my charge. . .VWeiuon.-c-vv.as it to nrrtHiihn ?. ; . A' Jk Anfwer. I thought that although what you had ; faid was very proper, yet -that you had emitted to lay fome things which I thought might be'net ceffary. 4 , , -Did thofe. omiflions Te?ate to any: ad incumbent, to' b6 dene at' that time by the grand jury ? , . , Mr, whitehilh ..om e Judzesrof the. . Court of . Impeachment f herQ iaid. without being aked, that he did.mtfee that' thofe queftions! related to. 4b e cafe..-.- .',y . '-,H'A' Mr. Lucas: faid that his 'intended addrefs dif! not immediately apply to any particular cafe--but generally o the duties of grand juries. We ten lay ;to sLjuri w hat ne knows very . uefiion.'hirjudM sfddifot, ' .Did VQU not, ptiblifli that -charge, and is n,ot this the charge, which I hold .in my hand. .Here Mrv Addifpnpiefent ed dnewipaper which contaLtied Mr Lucas's prepared, addrefs : and to this part of the teftimony wd earrieit ly call the; attntjc'n'of every friend impaftiil-ltifttee-fbrt-will :ap pear that the addrefs which Mr. Lit cas attempted Jto deliver was totally extrar.ecns as to any bufinefs before : the court in June i8ai,th'at the addrels of Mr.- Addifbnat that time contained no extraneous matter ; thrt it related folely to the immediate duties to a grand jury; that the pre pared addrefs of JLccas was in anfwer I tq one delivered by. judge Addiiori .? m Defemfce!i8fo- and ; that hiair- tempt to deliver it at this idme ?;Vas ' ( a (tedied inlaltJ and the refujt of a A' cool and deliberate icheme to outrage the feelings of judge Addifon, and to lead inevitably to the confequerjees which have followed. Let it there fore be fully impreffed-onthe public tmind that the addrefs which Lucas attempted to deliver hed f cihirg to i '( ... V '3
March 28, 1803, edition 1
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