THE ft
Tr Jr a half idol. r a
ir ir. Ptyablt half Yiarly. J
PUBLISHED (weekly) BY WILLIAM BOYLAN.
TW5 D&LU, flR A WN
Payeh'.t in dunce.
Vol. 10.
RALEIGH, .) MONDAY; MARCH 1 7, 1 8o5.
No: 518,
CONGRESS.
HOUSE Or REPRESENTATIVES.
Monday, Feb. 24.
Mr. J. Randolph obferved that fonte time
Bad elapfed fince he pave ootiee that he fhould
tall op his tefolution for anendiog the conftitu
tion of the United states. The ftate of his
health had not admitted of his taking his feat
before this dsy. He, therefore, trailed himfelf
of the firft opportunity tomotcihat the Houfc
lhauld refoive itfelf into a commute! of tbe
whole on the ftate ot the union, w'uli the view
cf taking thai refolution into confidcration.
Mr. Madera moved a poftponemrnt.- '
" The Speaker f.iid there coiid be no poflpne
tncr.t of a iu'-Jeft referred to a commit tee of the
whole on the ftate of.tlie union, as it was in
onle r y day. to t ake up bufinefs fo referred.
Mr. J. Randolph faid if gcntleoie-i were mi
prepared, he had no objection to wave bis call
uotil to taorrbw.
The Speaker remarked that there could be
no debae on the p'iority cf bufiuefs. ,
Mr. Conrad moved todifebarge the commit,
tee of the wfittle fro.n further cmfideration of
the refolution. lie faid he would briefly affign
bi reafona for this motion. The feflion had
progreffed, ami, the feafon wat faft approaching
when every. nan of agricultural purfuits would
be anxious to a'tend to them, unlefa detained
by impo'taot builoef He did net believe the
propoted amtodmcnt to the couftituticn fa iru
Domflt. to reqiiwe immediate attcinion. - lie
hoped, tr&icfcCS, ttjft .Jt wov.ld be, poilponed
thing-, vrhich p3tTcd while we were fittieg in
conclave. Hut 1 did hope when one or two..
member, who weie ' reprefented is .the only
hindrances to the difpatck of hufinefs; were
withdrawn from the Houfc for one or two
week, every thieg would have Been completed.
I expe&ed the adoption of very efficient mea
furea towsrt's Great Britain. Iaftfad of this
1 find nothing done. And no, when an a
mesdment to the copSittition ia brouj!u far
ward, which is allored to be very important,
and when the refolution of the rentlcman from"
Pennfylvaoia is called ip, we are told bygen
tlemm we cannot attend to thefe (uljcfls ; there
is important hufinefs which we" expert lo have
at foaie future day before us, and therefore we
are determined in the interim to do nothing,-
Oat word as to the remark of the gentlcmsi oa
my left (Mr. Conrad. ) He belongs toaclafa
of men which 1 highly refpect, for-the plain
reafon, that I belong to it myfe'f. He fays the
time is approaching wh-.-n rvrry man engaged
in agricultural porftiits miifl be anxious to go
home, and tlierifoji; he does notwifh at prefent
to a& on the ftfyiution I have laid on your
table. True; but when men, be they agn'cul.
tural, mechanical, cr of any other profeffion,,
undertake any bufinef, it is their duty to go
through with it at every hazard." I do not
know a man in the HouC who ha ftiflered
more than the individual who now atldiefT.-s y u
by hia attenJaapeJiere, and if I could have
found an cprloy in my own miod, I Ihou'd
long lince navs been. gone. Ir the irniuo::
of affairs warrantecl.it', I fhnuld be wil ing to
adjourn for two or tbee monrhs Bnt I never
catvagree to arljouro fu the prrff at perilous Hate
of affairs, and IcRve the ccttrv -to a'blind and
cntil the next fefSwji and that the way wottldbrtmtooa deftiny. Ijmoft5rft,fce JomtAiaj.
thereby be pavejjfor traDfadirg ilVe innp-vrtaot
satienai duiiocis iaai cuinicu uicir timtn
tention.
TheSpeaker faid the Grft qncflion was on the
IJowfe refoiving itfelf into a committee ot tbc
'whole.
Tbe ejueflioo wts taken on this rootn, and
cat ried Ayes 6l
Mr- Gregg " was called to the chair of the
committee.
- The reftdntion having been-read ss falwfti"
Rtfahtd. by the Senate and Houfe of Re
pfemative8 of. thi.Uuiied States of America,
in CoogrefsaSe.nbifd, two thirds of both Hoiifeit
concurring, That he followinp: article be ftsb
mitted to the legiflstures of the feveral ftatea,
which, wben ratified and confirmed by che le.
giflatures of three fnrtha of tbe faid flates, (hall
be valid and biaditjg as a pstt of the conltiiuti
on of the United States.
The judges of the fupreme and all other
courts ot" the United States fhall be removed
from oiTiee by tl;e PreftdfPT," on the joint ed.
drefs ot both Heufes of Congrefs requ;fliDg
the fame. .
The committee divided on agrering to it,
without debate Ayes 51 -Noes 55.
" he ommitiee then ro-, and reported thcir
difagretment to the refoluiioc.
'ie houfc, hating agretd to coafider the re
poit. - ' . .
Mr J Randolph called for the taking" the
Yeas and'Naysou the ejucftion of concurrence.
Mr. Clark moved a poft'ponement of the coo
peration of the report to the. 3d Monday of
Match, merely with tbe view of rnaking it give
place to more important hefinefj 'which, he faid',
. mnl be attended to. He' faid he had vtjted
againft the refolu;ion, not rxcaufe he inf
! micBl to the priuciple involved iu it. With a
fmalt mo;:ifivatinn he fltoulJ be in favour of it ;
. and he hoped the period wt Bot diflant, wheri
-with fnch a modification, it would become a
part, ot the conftitufioo.
to dittatit " a day would not prevail. He wpa
2ii s tclf defiroos that it (hould be poflponed for
a few daye, in order to give notice to the Houft,'
that there might be a full vote Ort what he con
fidered a noft important meafure. -He appear
ed in this ini'ince, as ia many others, .to be irr
a (late of profound error. The amendmeBt, or
deterioration of the coriftitntioo, he had always
coafidered to be a point of the, greatefl impor
tance; But ndwj j'tdgtrg by the opioions of
gentlemenr it fcemcd. to be of: lefler. importance
thin the laying a dnty of one or two petefnt.
to continue bnt fortwo or three year. - It has,
faid Mr; R. beeo a fubjeft of extreme concern
to rnr, though noTmyklf able to attend to the
pluSlic bufinefs, to find, on enquhi&sr daily of
roy colleagues,' that th: Hocff has retufed to dg
anybunnef(i, te.caufe on a future day they ex
prfted foDe. important buiTritfs to come before
-them. - I caderttand that, a very important fe-:
'folmion of a gentleman froja Peonfylvania, oa a
' bufmefs fo generally dehoininated the Yazao,'aji
. ; t. req uire no other came, vyas. podponed on the
fi.-ne ground that my colleague. iTo wi(hesthe
rtfolution under cn6defatioo poftpored. If
there 16 fucl iinportantTbnfirtefi. to-' tranfaS,! m
Gfd's ojme why notprr7gf it it l- But niot
, wivhAaiding this icameofcly ilnportant bufnefv,
whiih fcrves a an excafe' for dotog nothing',
we make no progrtf in it, iFby it I am to an
derfand the. ftate; of our freiro Relation! I
have 00 wilh, nor da I intend to ailaie to tny
KEeTland, fom? foothold, fomeihiug like-cefi-i
tainty, . in (lead ;uf a political ihaoa, without
form or body. Ecfote I confcit to go home, I
mud fee fomcthinjr like s fafc and honourable
iffae to our differences 'with foreign :owet
and I muflrfec I hope enother thing fome.
thing like an attempt to biing lite ouilhution
of this pc.p'e back to the princi'cs ou which
thia adminiffration came into power. I txkr
this propofuio and that of the geiillemsn frotrr
Maryland (MrrKictioiron ; To be tvoiroportaut
meaa of bringing that adrr.i iiftrin back to
thfe principltir My friend fr-am Virg'pia fay
he Apefls at a fottirerperiod to oh'aio this re
form I fear, if delay be permitted, that we
(hall yet into the situation of another delibcrtr
sffembly, 6f which every member rgren thai
reform is nectffary, but that the ptffcnti'3 hot
the accepted ttme. 1 am afraid that we are in
this fuoation already I believe it, brcau e I fcr
it. It is a nioft fortunate ciicumltance that we
made hay while the fun fhone 1 that we got in
the h;rve!l at the firft ftflion of the -ftvei'tb
Conprefs; - that we did avray the-rntdnight ju
diciary and the.in!ernal taxes. If thole iofti u
tions were new ftandiog, I believe they would
be as iraprcgnablo as any part of the fKlrm
around which gentlemen tfltft to rally. I be
lieve it, bscauie I believe appointments would
have t'b.ejr effefft. Yee, it is but "tdotriy that
patriots in oppofjtion areas apt to become conr.
tiers in power," as courtiers" in power are fond
ot beCon?r,fr pitriots in oppofitioo. fo far then
Tom wifhing to poftpr.ne this meafnre, t
lieve that deliy wiil only ferve to inhance (h"
difficuhy of obtaining itf- It jaa maxim laid
down by every man that has written ou national
policy, that thofeabufe which are left untouch
cd in the period of a revolution, aic faeriticed
bj time, and remain as the neft ejjgs of future
corruption, until they compel a nation, either
to feep thmawfly. or to fiak beneath them.
This withouti,any exception, is the hiftory of
r11 cot nipt Ions and thjafejeowuption s and bvr
time when the ilbufe (hall be fuller, when a
decifha can be maJe.after mature tefieclioo.
For troly ti jp the proviRon under the contliru
ioo, can any man be lo mad r foolih as to
th!rk of aain trying Jt I cooGder the deci
fun iff tJie laft ftflioa &i having eftablifbed thii
principle ;hit an ofSccr of the United States
may ad in 3? corrupt a manner as he plcufes,
with there bvinj any coDilitUtiocal ptovifion
to rail liiti to &rcunt.
Mr- Grrgjr. i feci but Kills concerned aa to
the te of this mcuonT I am readv at any
time : o kive m vote oa the refol.rtiou. As.itv
no-v ftands, 1 Ih-ill vctt avaicit it, tat modintd',
aa I havi f;:n iu the handa of a gentleman" from
Virpinia, 1 fhall vote for it. But niy principal
reafon for riling, fe to fay that ijreat part of
th cVnfure call on the Houfe by the gentleman,
from Virginia-, for not meeting the national bu
ftflefa is proper and appiicable j and I regret
that it i fo. Cut if the geatlemau itfleAs on
thr fubj?t, he will acknowledge that a great
partnfihe delay which has occurred attaches
to himfelf. I f.,ur weckt ago fubraitted a refo.
iution to the Honle 00 f 3ra points of difputc
Hetvrein one of the belligerent cations and the
U- Statee ; I wai anxious that it fhould be tsk
en up, and promptly decided one way or other.
The gentlenan from Virginia then callad for
cenain ftntements from the tresfury which he
i onfidcretl as hiving a bearing on the futjett.
Unrkr thu impreilin the contlderation ot the
rtio'iuion was deferred from dy to day $ and
the :itements have not yet been received. I
dated, at the timr that thefe ftatemcnts could
hnf fto influence on ny vote ( but other gen.
Jcrjen "faid they would influence theirs. -I re,,
gret' that we bae not been able to go on with
.ih-Ujh u&nf,--1 4wn-k tow- how twjlK e s re
to Ijie kept in thia psUlyric ifate. If the gen
tleirjtn, vhs has csiied fur thf fe 'Utceiits, r.nA
o'xhit gepi!erpeiriil ?gree, I am prepared at
oocr to go icto examination of th-.futjeft.
Bnjag the gentleman from Virginia wa the
fiiltro tjf-Hik the Houfe in this call, 1 hope
he fill takes part of this cer.furs to hijnfelf.
Ijlr. Sini'ia. I am funy the motion of poll
orjimcnt haa been made I dj not kno any
.Ahfuia? eis t icrthaathc pftf-nt-Wf-ihe-dif-qulljn
of this feibject. It is a fuljeft of the
liniSmportance to the ptsceand happinefsof the
UnjteJ Sia'ec lj-n a fWtnd to n amend.
lit to tbe cviilitt'iticn rclsiive'vuhe judicia:
rv depanrpt-nt. - Whnh:r that effrted is the
rcithat can be tnwfc; or whrt her it is going too
Mr. LjRajolphhope.d:a pofl ponement-teriiefTrot rcfrrd at tbe firft feffiori of the feventh
Ccngrcfj, what haa. become of them ? Have
they been faflered trt fleep . If they have is ti
not to beapp'rehended that they will fife : reT
frefhsd frm their lumbers wth gtgnntie
ftrengthi Fortunate it was tfut at the fi ft
fcffion of the fcvsnt.h Congrefs tbe inidnighto
diciary and he internal taxet were done away ;
and it would likewife have been fortunate, if
another roeafnre had been attcoded to at the
fatpe ttme. . . It would have been, in roy firm
perfnafton vf ry differrnt in its. ifTue froth that
- whiclTit has been. If the great culptit,wh6fe
judicial crimes or incapacity had called Tor le.
gifiative punifhmeat'undr. the confljiutioo, and"
which have given rife to the motion no bffore
us, hid been accufe4 at the,firrt leflion of the
fivtnth Congrefs, that accufatlon would have
had ayery different iiTue. And why ? -necaufe
it is peTTcftly imrnaterial what a man's erimcJ
ate. Every 4y'ht elapfes bet wee n their comV wHTch fide juflice inclinjf
miffiorii"- and the timeThe is called to' anf(ver;1 taefc ought to be fomcric
leuena tbe detenattoo aad horror felt for theoi,
and, of courfe, erha".ccs the Vulue ofhi etar'nee
of an efcape frfjm ptJnitb-nent.' I rh perfuad :
ed thst itjie, remarks" I; have offered .1 have
been httrried into fome oblervationa thatvio not
ftriftly bcloojr; to it. . ,.Yet jhefc remarks 1 fur
rurfh found eafotTrfr not deferring the; pro-
pontion unit irre umc jno.vca oy my colleague.
I hope, therefore, ' the houfe will reject the
poiti'O.icraeor till the 3J ,Mcaday ofAJarch,
and tuta'poSpooaci;i will take pface to oine
far I cannot iJecenriTe u-ritil the fubject fhalf
hae been jn-Uiijafd in this Houfe, Fcr my
par:, I am f.j fei-fiblethct that part of the con
itt't itioo wlich relates to the power of impeach
ttic it is a nullity, that 1 fee the ntmoft rtfccffay
frian ammdrrenr. From what we, have fceij,
I do religioufly btlievc that we cannot corviiit
an man on an impeachment." The. refolution
beaSre yyu, goes to place the jtidpfi of the U
States on-' the fame independent foifinp- wiih
ry
thfMe of Great Britain. Whe:l.er our fituation
requires that they fhould ftaod upon higher
ground is a proper fubjeA for difcuiiiin. - i am
rather inclined to think hey ought not. It is
contended, it is true, that as they have, ac
cording to the cpiniorssof fome geoilrraeo, the
rigbtvof fitting in judgment on our laws, they
j o.ight fibt placed peyond the reach of a msjo-
1::.. -f O lr '-'PL?, t.-'a a
rnj ui yuwgrcn. - aiiiijdjcci muit, at one
time or other, bit confi Jeref, and fome amend"
went in the tonftitution muft take place. When
the delays and various vexctions, attendant on
n iaipeachment, are confidered, it will be evi
dent that they will generally difcotuae the
Hoafe from taking tbtVftep, and when it is
likewife confidered that a conviftion can orly
taketpliice on the vote, of two thirds of the Sc..
stelergetffTnmeTrjay w hether there is any"
chance of making the cn!tittional -provifion
effeclual. I defpair of tt With regard to thr
articulartflodicaiioo, jwhich tnsy be given tp
this refolution, that is another thing. 1 fin
eerely wifh the Hcfe would talce it up, and
confider it without any great delay," '
Mr. Clatk, I hope ray colleague will lo.ue
the juflice tqjbelieve that ! have dot made this
lottoo from holt ilit y to hia refolution. With
modification, I am decidedly for it. I.
allure biro it did not require the remarks, lie
las made to day, to fiiew the infufSciency'oi:
the prefent fy ftem. Of that I bad fatisfaaory
jfooT the laft year. - But I doubt whether the
Kfolution, iifita prefent ftate, is correct. I do
hope, that my colleague wiil gire it a little more
cinfiderat ion, and I ajTure bim I fhall be happy
t barmonite with' him. Ir,. the decrfion by a
lrnere majority, ihe.lcalej of tntce ire fo near
an rQu,'libium, that it iiia6nbtful - often' to
Hnhirefote thick
modiScation of the prin
ciple contained the refoi't!io. But I prin.
cipallrwi ftefhe pt?it p(,ne.inaaria pre vail, t hat
tpe Hotff'may arCon refoltition? whicil I c6n-
ceieall important to thewhole country, Sc.par-'
ttcalarly fo ta that.'psr'ttthelcorti'arfn'ttjr fepjre
fented.by roy colleague and rnyfelf. Every
ly dthyjncreafes the difSculty and urges
on theTruiru tht inenactf them. " It is well
known thathere' ia not' the beft karrnony be
tween the merchant nJ 'aoters. It is at all
time the iatfre.'i of tb5 f- Ciet t?. buy produce
as cheap as they can, and never was there afcetV 1
ter fcheme for fpecuUtton to thetn than that ,
fornSfhed by the refolutioos on or tab'e. How!
eafy is it for tbeno to crRioce the planter tbaf
therewillbc a fupprrflioh of intctcpurfe, and"'
that his produce will' foon be worth cothing. '
Thefe are ihetffcds that I wifb to prevent.r
My colleague will-do me thejrrftjce tn believe5
that I hive had no hand in the procraftieatiatu:':
1 have offered no prrjeS. vVitb- regard txthe
propofed arEeo'ln,eot to the conditution, I re
peat it, I am in favous of i( wjth, a fmall motli
lication. Nor do: I wifb it peftpontd for any
gieat length of time. I hare no jdea of leaving j
thst to be'doae by our children, which we o ;;hc
to do outfe!es. . But'lct us in ihe firft iuiioi.ve,
procee-l to ihejnoft. irrportant brfsnefal Let -
not my colleague antltoulc gentlemen to fay
that to prevent ao attention to it, he inte rj ofi-d
hi favourite fcheme. I have another reafuii for
this poftpnement. There is oo occafion for '
acting on an amendment tn (he conllitution in i
ftantaneoufly. Moll of the ftate legiflaturea,
before whooi it mull be carried, heroic it is a
part of the conllitution, have broken up and 1
will not meet again fill the fall. If, therefore, .
an amendment be paffidat any time during the
fcffion, it willucfwer.
Mr. Maftera rnove,d a poftpomeat of the te '
folotion indefinitely, for which Jieconcifely af
figned his rcafont ; but which from his pofitioa
e were unable to hear. - , . '
Mr. Bedinger called for the Yeas and Naya '
on this motion
Mr. Fiudley faid he w-i again ft the indefinite
poftponemcnt of the fnl j-cl, thotigh in favour
cfita being' pf flponed a ihort time. He tbo'c
ifwaa a fubject which ought to be fully invefti- ;
1 stfd.He was decidedly in favour f the ob
ject of ibe refolurion, but rn a cirterent form.
Mr, Conrad ws in favour cf the io'lennite
poftponerrvent of the refolution. He did not
think the fnlje'cl ought to be a6rd upon this
feffjon. Kewastsot tH'friendlvtotbeprincipIe't
but he never could coHfent tlat a bare majority
cf Congrefs fhculd have the power to remove a
judge. If the amendment wrrefo framed as to
give thePrtfidenc a difcreiionry power, to re
move a judge r?n the addrele of a insjority of the
two HenUs, and to rnak? the removal impera
tive on the rote of two thirds, he might bt for
it. At anyrJtehe thought it beft to pofipose
the fubjtft nntil the next Itffion.
Mr. J. Randolph, kam perfeclly rnnvinc
ed of the correCtnefs and purity f the motives
of rry colleague on all objects, arid wherever I
differ from him in opinion 1 always conftdrr ic "'
a misfortune. But I have piincipally tifen to
plead guilty to tl. charge cf Htbe geotltman
from Pennfylvan-ia, whieh is, that f would, net
afl on his notion without ny information on
ir. I conf-.-fs the fsft: The'e is, however, one
circnmflance, that, ftrike 8 my inind rsof fore
force. .-What i here to prtvent our dtfeofng "
the Lufi ..('.; rcw before u', or any oih.r bi. .
finefs,: a td whfn there fliall be cccafiort
to take op bitfi.icfs of greater national impor
tance, dilpenfing wijb fliat which may be rwfure
nt. I aflc whether, if we had taken up this re
folution, or that of the gentleman from - Peno
fylvanfa, v-; fhould not have had ample ine fjr
difcuffion before the information ctlled for fhall 1
be received fro-n the Secretary of the Tresfury ;
and if we have not the right at any time, to .
make lefs important give way to more impor-.
tant bufihefs i Is not this jibe cosirfe which e- -very
man purfues in the managerrent of hi pri. 1
vate affairs ? Are wc to fit here, without re
ceiving informatioa from the Secretary of the
Tresfury, dStog nothing ? - 1 stn as arxirws a?
any man, for a dscifion of the tjueftion implicat
ed in feveral of tbe refolutioos hid 00 cur cahlexl.
and for a goodnreafonrlylebacco is unfold, .
I feel the full force of "the obfeva tions of myv
colleague, . I know that thefe rcfoiuvions Jiave '.'
already, giverh rtfis to much oefarious fpecula- J
tion. When I ca'lcd for information, I had
no idea of the trme it would take to get it ; and '
had I be so ecprized of it, I do not know wjie
ther I fhoojd not have preferred a&ing ia the
dark to waiting for iti ' - '
- There is another reafon why I wifh thia " bu- -finefa
fJarnndmeBt to the Conlfitutiooj tsken J
np this f tjon. Vhn I offered this refolutM"!
00 the laft fcfJGon, it was faid to be too near the
clofe of the' fefliSn to ic npno.it -thia was i
acknowledged. But it was faid, print it and
L let it gf abroad. -This has been , done. Biit
thefearin for which I wim it acted upon thia?3
feffba ia, that the ele&ions interveae bet weefl'
this. and tbe next fefiion, Gentleraeu may fay
whAt they pleafc of the priuciple of quandi Im -ftgffi'itt
but I believe, if thi inetnberi of th's
Houfe held their (eats for feven years, their cot
duel would not be the fame as it is aider the
prefent tenure. I wifh to. recur to that rood
old principle that fends the re prefeatative back'
to render an account of his'adtions to nis coin,
flituent. After the next electfba gcntlernel
will obtain a credit for two' yearj 1 more. of goav
behavior. I believe my fiiead from Virgini,
will allow this to be a good reafon agaici '
poftpopement
But I arrt told th'a smendr.ent comes fe
Ward h a very queftionapie fhspej thatiaJer
it ia no arneridmeot t the CoAitution, r. Bf
. (C'jricbdtJ tri last page.)
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