The amendment was immediately taken up; when

Mr. RUTLEDGE moved to amend the report of the committee, by making it

read as follows:

"Stenographers may be admitted under the direction of the

Speaker, who shall assign to them such places on the floor,

as shall not interfere with the convenience of the House."

On this amendment a further debate ensued; after which, the yeas and

nays were called, and were--yeas 27, nays 51.

Another motion was then made and seconded to amend the said amendment,

by inserting after the words, "stenographers shall," the following

words, "until otherwise ordered by the House;"

And, the question being thereupon taken, it passed in the negative.

And the main question being put, that the House do agree to the

amendment for an additional rule, as reported from the Committee of the

whole House, it was resolved in the affirmative--yeas, 47, nays 28.

_Resolved_, That this House doth agree to the said standing rules and

orders, as amended.

MONDAY, January 11.

Another member, to wit, SETH HASTINGS, from Massachusetts, produced his

credentials, was qualified, and took his seat in the House.

_Mediterranean Trade._

Mr. RANDOLPH moved a resolution directing the Secretary of the Treasury

to lay before the House an estimate of the value of the exports of the

United States, for the last five years, to ports situated within the

Straits of Gibraltar, discriminating articles of American growth from

other productions.

Mr. RANDOLPH observed that he was aware of the inability of the

Secretary to distinguish precisely the exports of the United States,

carried to the Mediterranean ports of France and Spain, from those

carried to their other ports. But still he thought it probable that the

Secretary might be able to furnish information that would be valuable.

Mr. S. SMITH said, that when the report was made by the Secretary, it

would be a report of deception. A great part of our trade to the

Mediterranean had been lopped off in consequence of the war.

Mr. SMITH afterwards remarked that, on the report being made, he feared

the inquiry would be, whether we should give up the protection of the

Mediterranean trade, or not. Gentlemen would probably go into a

calculation of figures; and if the expense of protection appeared to be

greater than the benefit of the trade, they might be for withholding

protection. There was one description of trade to the Mediterranean,

which we could obtain no estimate of, which was however very

important--the tonnage of American shipping employed in going from

European ports to the Mediterranean, and from the Mediterranean to

European ports, and American shipping employed between the East Indies

and the Mediterranean. This trade the Government was as much bound to

protect, as it was bound to protect the landed interest of the country.

Still, Mr. S. knew not that it would be proper to oppose the passage of

a resolution that asked for information.

Mr. SMILIE knew not what information we could receive; but he knew that

whatever it should be, it could do no harm.

Mr. NICHOLSON remarked, that the House would not be in a worse situation

after the report, than it was now. For himself, he was in a state of

total ignorance, and he believed a large part of the House was also

ignorant of the extent of our Mediterranean trade. It was impossible

that the House could be deceived by the report; as, if any part of it

should be calculated to deceive us, his colleague would be able to

detect its errors. He had heard, and that too from commercial men, that

our Mediterranean trade was not valuable, and not worth the expense of

the squadron fitted out to protect it. He was at a loss to decide

between these opinions and those of his colleague.

Mr. MITCHILL spoke in favor of the resolution.

Mr. GRISWOLD had no objection to obtaining the estimate, if desired by

gentlemen; not that he supposed the report could present the information

that was desired. With regard to our Mediterranean trade, it was well

known, that lately, owing to our contest with Algiers, our fish and oil

went in European bottoms, which could not be noticed in the Treasury

statements, as they went first to other ports.

Mr. EUSTIS was perfectly willing to obtain the report, that the great

increase in our trade to the Mediterranean should be seen; from which

its great value would fully appear, and its claim to encouragement.

Mr. VARNUM suggested the propriety of a reference to a select committee,

which, from the documents before the House, could select the desired

information.

Mr. RUTLEDGE feared, that the call for this information would delay the

passage of an important bill before the House for the protection of our

Mediterranean commerce. He hoped, in order as promptly as possible to

obtain information, the Secretary of the Treasury would be called upon

for it. With respect to the protection of our trade in the

Mediterranean, it was, in his opinion, unimportant what its extent was.

We were bound to protect the commerce of our citizens in all its

ramifications, whether great or small.

The resolution was then agreed to.

THURSDAY, January 14.

Another member, to wit, JOHN DAWSON, from Virginia, appeared, was

qualified, and took his seat in the House.

WEDNESDAY, January 20.

_Military Peace Establishment._

The House then took up the amendment to the bill fixing the Military

Peace Establishment.

Mr. BAYARD moved to strike out the office of Brigadier General. He said

there could not be any occasion for such an officer, as the men were

scattered over the whole extent of our frontiers and Atlantic coast, and

placed in small divisions.

This brought on a debate which was continued until after three o'clock.

The question was taken by yeas and nays for striking out--36 against it,

54 for it.

Mr. BAYARD moved to strike out the office of colonel, and add one to the

number of majors; but it was not agreed to.

The bill proposed to give those officers who should be deranged, three

months' pay when they were dismissed from the service.

Mr. GRISWOLD moved to strike out "three months," that a greater

compensation might be given to those who have grown gray in the service

of their country. He thought more was due to them than what the bill

proposed to allow.

Mr. VARNUM said, his own opinion was in favor of a greater compensation;

but he owed it to a majority of that House, to yield his opinion to what

they had fixed it at. He said there was nothing due to those officers,

as nothing had been promised them.

Mr. MITCHILL was in favor of striking out, for the purpose of inserting

a compensation proportionate to the length of time the officers had been

in service.

Mr. BACON differed as to the principle laid down by gentlemen. When

officers were wanted, there was great competition for the appointments.

They were desirous to receive the pay and emoluments. He did not think

there was any thing due to them.

Mr. S. SMITH was for pursuing some system in this business, and keeping

to a uniform principle. When a reduction was made in 1796, six months'

pay and subsistence was granted. He would be in favor of that at this

time.

Mr. DANA believed those officers accepted their appointments under an

idea of its being the permanent Peace Establishment, and therefore

something was due to them when dismissed from the public service.

Mr. SMILIE said, they knew the terms on which they entered the service,

and they entered voluntarily. How could any thing, then, be due to them?

It would be more proper to give the men something when disbanded than to

provide for the officers. It was not long since that about forty were

wanted, and there were thirteen hundred applications. Men could not

always be obtained. When the ten regiments were ordered to be raised,

the officers were soon obtained; but, after recruiting a long time, the

proper number of men could not be procured.

The question for striking out was taken by yeas and nays--for it 26,

against it 56.

Mr. S. SMITH made a motion to raise it to the same as was granted in

1796.

Mr. EUSTIS advocated it, but it was not carried, there being 26 for it,

and 45 against it.

The bill was ordered to be engrossed for a third reading to-morrow.

THURSDAY, January 21.

_Military Peace Establishment._

An engrossed bill fixing the Military Peace Establishment of the United

States was read the third time.

Mr. BAYARD observed that he should vote for the bill, because he thought

it better than the former system, and it would be of much saving as to

expense. He was, however, very far from being pleased with a part of

that bill, that part relating to the Brigadier General and his

aide-de-camp. This office he knew to be a perfect sinecure; no such

officer was necessary; he could have no duties to perform. He would not,

however, vote against the whole bill on account of this.

Mr. RUTLEDGE.--The first section was very disagreeable to him, as it

went to the establishment of a perfect sinecure. He was willing to do

homage to the merit of the officer who was to benefit; but he rather

thought it would be more consonant with justice, if money must be

needlessly sported with, to suffer such money to be given to those who

have been long in service--some fifteen or twenty years--and who are now

by this bill suddenly forced to quit their present, to seek some new way

of obtaining a livelihood, in circumstances, many of them perhaps, not

enviable.

Mr. R. was not pleased with the so great reduction of the artillery; he

thought the retention of the artillery of more importance than that of

the infantry. He had hoped the artillery would have been retained to

keep in order the forts already built in different parts of the United

States; the small number remaining was quite incompetent to preserving

them in order, or preserving them from decay. The Secretary of War

mentions one fort in South Carolina. There are, sir, four forts in the

harbor of Charleston alone, some of which must go to decay. He should

vote for the bill because it went to make great reductions of expense,

which reductions circumstances now allow us to afford; but the sinecure

was obnoxious to him, and he was not pleased with the reduction of the

artillery.

On the question that the bill do pass, it was resolved in the

affirmative--yeas 77, nays 12.

_Mediterranean Trade._

The House again resolved itself into a Committee of the whole House on

the bill for the protection of the commerce and seamen of the United

States in the Mediterranean and adjoining seas.

Mr. BAYARD offered an amendment, the purport of which, was to give to

the President the power of granting letters of marque and reprisal, to

affect Algiers and Tunis as well as Tripoli. Mr. B. thought that it

would be unsafe to neglect a cautionary step like this, because there

was great danger, from the similarity of religion and manners, of a

union taking place between Tunis, Algiers, and Tripoli; they may be

brought into the war with Tripoli against us. It would be a matter of

prudence to be prepared.

Mr. DANA thought it very probable that further information would be

received from the Barbary powers, when we shall be the better enabled to

judge what will be expedient. He did not like the appearance of the

amendment; it seemed to invite war.

Mr. BAYARD considered there was a great difference between the Barbary

powers and civilized nations; it was on account of the perfidiousness

of those powers, that he wished it left to the direction of the

President to exercise the power vested in him when he should think

proper; there was no trusting to them. He wished the President to do

this by the authority of law; this would prevent those doubts that have

been expressed by some, of the constitutionality of his measures the

last spring and summer; though for his part he was disposed to approbate

the proceedings of the Executive on that occasion. As to its having the

appearance of threatening, he did not think so; nor did he believe it

would have any effect on those powers; he hardly believed that the Dey

of Algiers ever read the acts of Congress.

Mr. DANA was opposed to considering the subject at present; he was for

postponing till further information should be received.

Mr. GILES was against the amendment; he thought it had the appearance of

inviting them to an attack, of challenging them to combat, of irritating

and provoking them: he believed there would be ample time to act on this

matter hereafter, when they would have a better knowledge of

circumstances, and of what to expect.

Mr. BAYARD said he was by no means disposed to withdraw his motion. You

are at war with one of these nations; the others are connected with them

by their religion and habits, by their government some, and by their

interest more. I have been told that there is no connection between my

amendment and the bill; but I am confident there is the same connection

that there is between Tripoli and the other powers; and it is proper to

extend the bill so as to embrace Tunis and Algiers, as well as Tripoli.

The gentleman from Connecticut (Mr. DANA) says there are no doubts on

his mind but that the President has a constitutional right, as the

Commander-in-chief of the army and navy, to do as he has done; but it

should be remembered that many have doubts; and why should the gentleman

be opposed to this amendment, which will preclude all doubt on the

subject.

The amendment was not carried.

_Direct Taxes._

The House then went into a Committee of the Whole on the bill for

amending the act for laying and collecting a direct tax.

The first section repeals the thirteenth section of the act of 1798,

which prescribes that lands on which taxes remain unpaid for one year,

shall be sold subject to the right of redemption within two years after

sale.

Mr. RANDOLPH stated that the provisions proposed to be repealed were

unsusceptible of execution, inasmuch as the expenses of advertising

required, exceeded in many cases by four or five times, the amount of

the tax, and which exceeded the per centage allowed; and inasmuch as no

person would buy the land offered for sale, when he might be deprived of

it by a redemption within two years.

Documents were read which substantiated this statement.

Mr. S. SMITH opposed the repeal, as going to deprive the owners of lands

of the right of redemption; which he deemed a valuable provision;

without which the owners of land, particularly non-residents, would be

deprived of their property, without a knowledge of the tax imposed, or

being able, however desirous, to pay it.

Mr. RUTLEDGE also opposed the repeal, as imposing hardships upon those

who have not paid the tax, which were not imposed upon those who have

paid. He further stated that the non-payment in the Southern States had

arisen, not from indisposition to pay, but from want of collectors to

carry the law into execution; the compensation allowed having been so

inadequate as in many districts to have disabled the Government from

obtaining officers.

Messrs. GRISWOLD, MILLEDGE, STANLEY, and MORRIS, delivered their

sentiments against the first section; when, on motion of Mr. MACON, the

committee rose, and asked leave to sit again, which was granted.

FRIDAY, January 22.

Another member, to wit, ROBERT WILLIAMS, from North Carolina, appeared,

produced his credentials, was qualified, and took his seat in the House.

MONDAY, January 25.

_Import Duties._

Mr. NICHOLSON called up the resolution he laid on the table on Friday,

for instructing the Committee of Ways and Means to report generally on

the subject of impost duties.

Mr. LOWNDES wished to amend it so as to direct the attention of that

committee particularly to the articles of salt, brown sugar, coffee, and

Bohea tea.

This the SPEAKER considered out of order, as resolutions on those

subjects were then before the House.

Mr. RUTLEDGE and Mr. BAYARD wished to withdraw the resolutions they had

offered on the articles of salt, brown sugar, &c.

Mr. SPEAKER considered the resolutions in possession of the House, as

they had been debated, and the previous question taken on them, and no

motion could be made while another motion was pending.

Mr. BAYARD asked for information whether it was in order for him to

state that he withdrew his resolution?

Some conversation took place as to points of order.

The question on the resolution was called for.

Mr. DANA said there was no instruction given to the committee by the

resolution of December 13, to make a report on the subject of imposts

and tonnage. He was pleased to see this resolution moved by the

gentleman from Maryland, as it showed his belief to be that the subject

was not referred to the committee.

Mr. DANA expressed his wish that two things should be referred to the

Committee of Ways and Means: First, a general view of the duties of

imposts and excise that they might be contrasted; and, secondly, that

certain articles should be specifically referred to them.

Mr. NICHOLSON said the gentleman from Connecticut was very much mistaken

as to the object of his resolution. It was not that he did not think the

subject before the committee, but as so much had been said about the

former general reference, he wished to prevent the gentleman from

Connecticut from quibbling respecting the reference.

[Here Mr. N. was called to order by Mr. GRISWOLD. The SPEAKER declared

it as his opinion that the gentleman was in order. Mr. BAYARD appealed

to the House, and called the yeas and nays, which were agreed to be

taken.]

_Internal Revenues--Expenses of collection compared with Custom House

Duties._

Mr. BAYARD called up the following resolution, which he had some days

previously laid upon the table, viz:

"_Resolved_, That the Secretary of the Treasury be required

to lay before this House an account, in detail, of the

expenses incurred in the collection of the internal

revenues of the United States; distinguishing, where the

same may be practicable, the expenses attending the

collection in each branch of the said revenue, and, also,

an estimate of reduction of said expenses which may

conveniently be made."

The resolution having been read, Mr. B. said: As it is extremely

possible, Mr. SPEAKER, that it is designed that this resolution shall

share the same fate with that which the resolution of the gentleman from

New York experienced this morning, I shall be allowed at least by

publicly stating, to justify to the world, the motive which induced me

to bring it forward. [Mr. B. alluded to a resolution offered by Mr. T.

MORRIS, the object of which was, to direct the Secretary of the Treasury

to state to the House the amount of stamp duties collected in each

State, distinguishing what part was paid by the commercial cities. When

the resolution was taken up there was a call for the question. Nothing

was said against the propriety of it. It being merely a call for

information, and considered so much a matter of course to agree to such

resolutions when no opposition was made to them, it was not supposed

necessary to say any thing on the propriety and reasonableness of the

resolution. Yet, to the astonishment of its friends, when the question

was put, there were for it 34, against it 54.]

Gentlemen are infinitely deceived, said Mr. B., if they think our object

is, by any particular mode of proceeding, to gain an unfair advantage of

public opinion. If such a suspicion be entertained, our conduct has been

viewed with a jaundiced eye. It is a motive which never has, and I hope

never will direct our measures. If popularity is to be gained only by a

prostitution of principle to ignorant and unthinking prejudice, we are

content to forego it. I am far from being indifferent to public opinion;

the approbation of our fellow-citizens is the only reward we can expect

for our services; but it is a reward no honest man will seek, if it is

to be acquired only by artifice and deception.

I have avowed and avowed sincerely, that I am disposed to go hand and

hand with gentlemen in the reduction of public burdens. When it was

necessary I assisted in imposing them--now that circumstances permit I

more cheerfully co-operate in taking them off. My true object is to make

the most of our situation; not to be deluded by empty theories, or

speculative systems, but, by an enlarged view of the various interests

of the country, to discover by the reduction of what taxes the society

would be the most substantially benefited.

The reduction of the Military Establishment creates considerable

savings; other retrenchments are contemplated in the Navy and civil

administration. These savings enable us to dispense with certain taxes;

but is it not wise to examine diligently the operation of the several

taxes which exist, and, after being informed by the various views which

belong to the subject, to exonerate the community from those which, with

the least benefit, are the most burdensome?

One great objection to the internal taxes is the expense of collection.

I wish to know the particulars of this expense in order to see whether

it may not be curtailed. I wish also to be informed of the expenses

attending each branch of the revenue, for the purpose of judging whether

it may not be expedient to retain some branches, while it may be wise to

part with others. These are my objects; do they not entitle us to the

information asked?

We know in one instance, that the expense in collecting the stamp duty

is less than five per cent. This appears by the report of the Secretary

of the Treasury; but we are not informed of the particular expenses

belonging to the other branches of the revenue.

Sir, said Mr. B., I must rely that the resolution will be agreed to;

there is not a precedent in our annals or opposition to such a

resolution; if, however, one is now to be introduced, I think it proper

that the names of those gentlemen should hereafter appear by whom it was

resisted, and by whom it was established. He therefore hoped the

question would be taken by yeas and nays.

The Clerk, at the request of Mr. RANDOLPH, read an extract from the

report of the Secretary of the Treasury, as follows:

"It will appear by the same statement, [M,] that while the

expenses of collection on merchandise and tonnage, which

are defrayed out of the revenue, do not exceed four per

cent., those on permanent internal duties amount to almost

twenty per cent. This, however, is an inconvenience which,

on account of the great number of the individuals on whom

the duties are raised, and of their dispersed situation

throughout the whole extent of the United States, must,

more or less, attach to the system of internal taxation so

long as the wants of Government shall not require any

considerable extension, and the total amount of revenue

shall remain inconsiderable."

Mr. T. MORRIS.--If the honorable gentleman from Virginia (Mr. RANDOLPH)

thinks that the extract of the report of the Secretary of the Treasury,

the reading of which he has called for, furnishes the information

demanded by my honorable friend from Delaware, he is mistaken. The

Secretary's report gives you a general estimate of the expense of

collecting the aggregate of the internal taxes, but does not specify the

charge falling on each separate tax. From the statement exhibited by the

Secretary, it appears that it costs twenty per cent. to collect the

whole of the internal taxes; but if the detailed statement asked for by

the gentleman from Delaware is furnished, it will appear that the

collection of some of those taxes does not cost more than five or six

per cent. To show how unfair it is to connect together the expense

attending the collection of all the internal taxes, I need only refer

gentlemen to an authority which I believe they will not dispute. If my

memory, sir, is not very incorrect, it will appear by a publication of

the present Secretary of the Treasury, written in the year 1796, that

the tax on country distilleries cost in its collection near thirty per

cent.; that on city distilleries about nineteen. These, sir, and other

reasons, may evince the propriety of repealing the tax on country

distilleries; but because this tax is expensive in its collection,

because it may be liable to objections, does it follow that other taxes,

such as the tax on carriages, on refined sugars, &c., which fall on the

rich, and which are not expensive in the collection, does it follow, I

say, that because it may be proper to repeal the first, that these are

to fall too? It is, sir, in order to be enabled to make proper

discrimination, to be enabled to know which of these taxes ought to be

repealed, and which retained, that the gentleman from Delaware has moved

his resolution. And here, sir, let me be permitted to express a hope,

that the resolution now before you may not meet with the silent negative

which was the fate of one intended also to procure information, and

which I had the honor of laying on your table. I did and do still

believe, sir, that the majority of this House could not have been

actuated by proper motives in refusing that information. [Here Mr.

RANDOLPH called Mr. MORRIS to order, saying that he had no right to

impeach the motives of members. Mr. M. observed that for his part he was

at a loss to know what was considered disorderly in that House, but that

he would submit to the correction of the Chair. The SPEAKER determined

him to be in order, and Mr. M. proceeded.] With regard, sir, to the

course of proceeding which gentlemen have lately adopted, persevering

in an inflexible silence, rejecting every proposition made by a member

in the minority, without deigning to show its fallacy, refusing public

documents for our information and that of our fellow-citizens, without

showing, or even pretending to show, that they are unnecessary, I can

only say that it militates against all my ideas of propriety. I have

always hitherto supposed that every Representative on this floor had a

right to be heard; that he had a right to call on the majority for their

reasons both when they supported and opposed public measures. Gentlemen

may, if they please, meet in what they have denominated caucuses when

power was in other hands; they may then confer together about the

measures in which they may think proper to unite; but, sir, if their

debates are to take place there, and there alone, if we are not to be

furnished here by them with the reasons which induce them to adopt

public measures, they ought at least to open their doors to the

minority, in order that, if they cannot hear their arguments in the

proper place, they may not close them altogether. I trust, sir, that

gentlemen themselves will see the impropriety of persevering in this

line of conduct, and that they will consent to pay, if not to gentlemen

in the minority, at least to their propositions, the attention and

respect which they may deserve.

Mr. GRISWOLD said, that he presumed the gentleman from Virginia (Mr.

RANDOLPH) had requested that the extract from the report of the

Secretary of the Treasury might be read, and which the House had just

heard, for the purpose of proving that the resolution under

consideration ought to pass. Indeed that report, and the statement to

which it referred, evinced in the most satisfactory manner that the

information required by the resolution was absolutely necessary for the

purpose of enabling the House to decide understandingly on the

proposition, which it was expected would soon be brought forward, for

abolishing the internal taxes. The Secretary in his report had declared

that the expense of collecting the internal taxes amounted nearly to

twenty per cent. on the amount collected. It appeared, however, from the

statements to which the Secretary had alluded, that the tax on stills,

the carriage tax, the tax on licenses, on sales at auction, and the tax

on refined sugar, had been included in one class, and the expense of

collecting all those taxes, without distinguishing the charges on each

branch, had been stated to be nearly twenty per cent., whilst the

expense of collecting the stamp duty, another branch of the internal

taxes, was short of five per cent., varying only a fraction from the

charges on the revenue from impost and tonnage. These statements might

be satisfactory as far as they went, but it was obvious that in

examining the branches of a revenue, with a view to the expense of

collection, it became necessary to ascertain the precise charge which

had fallen on each branch, and to obtain this necessary information, and

which the report and statements had left defective, the resolution had

been principally brought forward. And what had rendered this information

peculiarly necessary at this time was the ground which had been taken in

opposition to the internal taxes. The only argument which he had heard

against those taxes, and which did not equally apply to the impost, was

drawn from the great expense which had arisen in the collection. To

enable the House, therefore, to decide whether the fact existed on which

that argument had been founded, it became necessary to inquire in the

manner proposed by the resolution whether the extraordinary expense with

which those taxes had been charged might not be diminished, and whether

the expense really existed in relation to each description of them.

Mr. G. said that he presumed no gentleman was prepared to say that the

general expense of collection might not be diminished, and so far was he

from believing that every branch of the internal taxes was subjected to

the charge of nineteen or twenty per cent., he was perfectly confident

that if gentlemen would agree to the resolution, the detailed

statements, which the Secretary would furnish in obedience to it, would

prove that the expense of collecting certain branches of those taxes

would fall much short of the sum at which the same has been estimated.

The consent of the House, said Mr. G., to every call for information,

had formerly been so much a matter of course, that he should not have

troubled the House with any remarks upon so plain a question as the

present, had not the experience of this day proved, that gentlemen were

not always to be indulged by the House with the information which they

required; and the profound silence which had at this time been observed

by those gentlemen who could either admit or reject the resolution,

appeared to indicate a determination on their part to refuse the

important and necessary information required by the resolution. He did

presume, however, that upon this occasion the House would consent to the

resolution, and more particularly, as the report of the Secretary of the

Treasury, which had been read at the request of the gentleman from

Virginia, proved so clearly the necessity of passing it.

Mr. HUGER could not reconcile it with his sense of duty, to give a

silent vote on the present occasion, nor could he but lament the strange

and novel course of proceeding which gentlemen had thought proper to

adopt. The intention, it would seem, was to repeal the internal taxes,

right or wrong, and at all events; and so determined were gentlemen on

carrying this favorite project into execution, that every thing like

previous investigation, or even a wish to gain information on the

subject, was hooted at and treated with the most sovereign contempt.

Every, the smallest, reduction on taxes of any other description, was

avowedly to be excluded, nor was any proposition to this effect deemed

worthy of even a moment's consideration. The measure proposed, however,

interested in a very particular manner that part of the community he had

the honor to represent. They paid, it was true, a small portion of the

internal taxes, but the various other taxes upon salt, brown sugar,

coffee, &c., and the duties on imposts generally, fell more immediately

and far more heavily on them. Was it not natural, therefore, that he

should have some hesitation on the subject; that he should feel anxious

to see this project thoroughly and completely investigated; that he

should wish to receive every possible information which might either

tend to satisfy his mind as to the expediency of repealing the internal

taxes only, to the total exclusion of all others, or enable him to

propose some other project, equally beneficial perhaps to the public at

large, and which might at the same time accord better with the immediate

interests of his constituents?

His constituents, he was proud to say it, had ever contributed with

alacrity and cheerfulness to the wants and exigencies of the Union. They

were prepared and willing, he was confident, to do so still; and he made

not the least doubt but that they would readily subscribe to the

exclusive repeal of the internal taxes, and submit, without a murmur, to

the continuation of all the other taxes, however burdensome to

themselves, provided they are convinced and well satisfied that this

measure was fairly and impartially adopted for the welfare of the whole,

and not for the benefit of the one at the expense of the other division

of the country. It was for this purpose, therefore, that he wished the

present motion to be adopted, and that he had desired the attention of

the Committee of Ways and Means to be directed, particularly, to those

articles of importation and of general use and necessity, such as salt,

sugar, coffee, common teas, &c. He was desirous that these and similar

items should be compared with the carriage tax, the tax on licenses to

retail spirituous liquors, and various other similar items of the

internal taxes, and that the House might be furnished with such

information with respect to both, as might enable him to judge, whether

there might not be a partial repeal as well of some of the external as

internal taxes, and not a total and exclusive reduction of the latter,

as was contemplated; whilst all the former, however grievous and

inconvenient, were to be retained. Did he then ask any thing which was

unreasonable or improper? Could any possible inconvenience accrue from

allowing him to obtain the information he desired? If not, why refuse to

indulge him in what he deemed useful, and what (at the worst) could only

be regarded by gentlemen themselves as superfluous information? Was it

fair; was it becoming; did it comport with that civility and politeness

which was due from the one to the other, by citizens of a common

country, assembled together for the express purpose of consulting upon

their common interests, to treat thus cavalierly what must at least be

allowed to be a respectable minority?

With respect to the two only reasons which had ever been offered in

favor of the exclusive repeal of the internal tax, viz: the expense and

number of officers required to collect it, was it not the immediate and

precise object of the resolution under debate to inquire whether it was

not possible to devise some means by which these inconveniences might be

obviated, or at least greatly lessened? And what objection could there

be to the inquiry? Were gentlemen perfectly and entirely convinced that

nothing of the kind could be done, or were they apprehensive that the

thing was in itself so feasible, that an inquiry of this kind would

throw a stumbling-block in the way of the project already determined on,

which although he would freely acknowledge, that as an abstract

proposition it was expedient as much as possible, and to collect your

taxes at as small an expense, and by means of as few agents as

conveniently could be done, yet there was another still more important

maxim which ought never to be lost sight of: this was, that the burdens

of the Government, as well as the advantages which flowed from it,

should be fairly, equally, impartially, and equitably distributed among

every description of the citizens, in whatever part of the country they

resided. If, therefore, it did happen, that a few more officers and a

somewhat greater percentage were required to collect the taxes in one

than in another part of the country, this alone would most certainly and

indubitably not be a sufficient reason to do away all the taxes in the

one, and throw the whole burden of the Government on the inhabitants of

the other.

Mr. RUTLEDGE confessed himself much puzzled by the new forms of

proceeding this day adopted. Ever since he had had the honor of a seat

in Congress, it had been invariably the practice, when measures were

proposed not agreeable to the majority, for them to offer their

objections to them. This had ever been the practice, and the experience

of its convenience offered strong reasons for its continuance. When the

majority stated their objections to any measure, the minority in

sustaining it answered them fully; thus, both sides acted

understandingly, and when the proceedings of the National Legislature

went out to the people, they were at the same time informed of the

reasons under which their Representatives had legislated. This had not

only been the usage in Congress, but the form of proceeding in all

representative bodies with whose history we are acquainted. Even in the

British House of Commons, which gentlemen had often and emphatically

styled a mockery of representation, so great is the respect paid to

public opinion, that the majority deem it their duty to assign in debate

the reasons of their conduct. Although the Minister in England has quite

as much confidence in the strength of his majority as gentlemen here can

have in theirs, yet, in feeling power, he does not forget right, and

his regard for public opinion is so great, that he never secures his

measures by a silent vote. In these days of innovation, we, it seems,

are to pursue a different course. When the resolution offered this

morning by his honorable friend from New York (Mr. MORRIS) was taken

into consideration, not a voice was raised against it. This profound

silence made us expect a unanimous vote; but, in consequence, he

supposed, of some outdoor arrangements, it was rejected by this silent

majority. He had seen many deliberative assemblies, but never before

witnessed such a procedure. He would not say whether this was respectful

towards the minority, who, we have been told from high authority, have

their equal rights--he would not say whether it was dignified as it

regarded the majority, but, without pretending to any spirit of

prophecy, he would venture to say it could not be deemed politic or wise

by the people of this country.

When the doors of Congress were open, and persons admitted to take the

debates, the people expected to be fully informed of the views and

motives which governed the votes of their Representatives. But it seems

our constituents are not to be treated with this heretofore common

civility. In proposing measures we are obliged to guess at what

gentlemen feel against them, (for they say nothing,) and to defend them,

without knowing in what they are objectionable to those who govern in

this House. This kind of governing is but ill calculated to produce

harmony, to restore social intercourse, and to heal the wounds inflicted

on society by the spirit of party.

The question was taken, and it passed in the negative--yeas 37, nays 57.

_Duties on Imports._

Mr. RUTLEDGE called up for consideration the resolution which he moved

on Friday, on which the previous question was then taken, viz:

"_Resolved_, That the Committee of Ways and Means be

instructed particularly to inquire into the expediency of

reducing the duties on brown sugar, coffee, and bohea tea."

Mr. GRISWOLD hoped the resolution would be decided upon.

Mr. RUTLEDGE hoped the reference would obtain. These articles paid the

highest rate of duties and were of the first necessity. In looking over

the rates of duties on imports, he saw many articles that were taxed

enormously high. Those in the resolution were of the first necessity,

the duty high, and laid when they were at war prices; while the people

received war prices for their produce, they could with convenience pay

for these articles, though high. The object of the resolution was merely

to inquire, and he did not see how it could interfere with any object

gentlemen have in view.

Mr. DANA.--I beg liberty to tender the homage of my profound respects,

for the dignified situation in which gentlemen have now placed

themselves, and congratulate them on their silence. There is something

peculiarly impressive in this mode of opposing every thing that is

urged. It is seldom that gentlemen have exhibited such a remarkable

appearance of a philosophical assembly.

"That dumb Legislature will immortalize your name"--is said to have been

the language of a certain distinguished General to a certain nominal

Abbé, who has been represented as having pigeon-holes full of

constitutions of his own making. During the memorable night at St.

Cloud, when the French Council of Ancients, and Council of Five Hundred,

were adjourned--to meet no more--it may be recollected, the powers of

executive government were provisionally committed to three persons,

styled Consuls, and two of them were the General and the Abbé. From each

of the Councils, twenty-five members were selected, to compose a

commission, and assist the provisional Consuls in preparing a

constitution for France. Of the numerous projects of constitutions

presented by the Abbé, it is said no part was finally adopted except the

plan of a dumb Legislature. This, the General instantly seized with

apparent enthusiasm, exclaiming to the Abbé, "that dumb Legislature will

immortalize your name!" And it was determined to have a _corps

legislatif_ that should vote, but not debate.

It was scarcely to be expected that any thing like this would soon take

place in our own country. But it is the prerogative of great geniuses,

when in similar circumstances, to arrive at the same great results,

although with some difference in the process. Nor can I forbear offering

my tribute of admiration, for the genius who has projected a mode of

proceeding among us, that so nearly rivals the plan adopted in France. I

know not to whom is due the honor of this luminous discovery. After

ascribing to him, however, all merited glory, permit me to examine the

force of the argument relied on by gentlemen in opposition to the

proposed resolution.

Their argument is silence. I hope to be excused if I do not discuss this

subject in the most satisfactory manner; as silence is a new species of

logic, about which no directions have been found in any treatise on

logic that I have ever seen. It will be my endeavor to reply to

gentlemen by examining some points which may be considered as involved

in their dumb arguments.

One of these points is--that certain members of this House have pledged

themselves to their constituents, for repealing all the internal taxes.

They may have declared their opinions to this effect, before the

election; and, being chosen under such circumstances, may now deem

themselves bound in honor not to vary. The terms assented to between

their constituents and themselves may, therefore, be viewed by them as

the particular rule of their own conduct. But is this House to be

regarded in the same light with the English House of Commons, during

the early period of their history, when the knights of shires, and the

representatives of cities and boroughs, were instructed on what terms

they should bargain with the Crown for special privileges, and were

limited to the price agreed on by their constituents? The situation of

gentlemen who have thus pledged themselves to vote for repealing the

internal taxes, must be irksome, indeed, if on mature consideration they

should believe it more proper and more beneficial for the country to

have other taxes reduced. Those who have entered into a stipulation of

this sort, so as to feel it as a point of honor, are so peculiarly

circumstanced that they might think it too assuming in me, were I so

much as to express a desire that they would vote for reducing some of

the duties on imports, instead of repealing all the internal taxes. It

is to be hoped, the number of members who have pledged themselves in

this manner, does not exceed twenty-five or thirty.

Another point involved in this argument of silence is, that other

gentlemen may have pledged themselves to these, and given them a promise

of support on this subject. It must be acknowledged that this was more

than was required on account of their seat in this House. If any

gentlemen have absolutely so pledged themselves to their constituents,

it must indeed be difficult to convince them. On this point, their minds

must be so differently constituted from mine, that there does not seem

to be any common principle between us that can be assumed as the basis

of argumentation.

Another point is, the Executive has recommended a repeal of all the

internal taxes, and not any reduction of the impost. And will gentlemen

act upon this as a sufficient reason for their conduct? Is it now to

become a principle, that the Executive is to deliberate, and the

Legislature to act, and that no measure is to be adopted unless proposed

by the Executive? Would it not be better for the country to abolish this

House, and to avoid useless expense, if it is to be nothing more than

one of the ancient Parliaments of France, employed to register the

edicts of a master?

The silence of the gentlemen may also be considered as having relation

to their great desire for the harmony of social intercourse. To prevent

its being disturbed in the House by debating, they may have come to a

determination that all the great questions shall be settled by gentlemen

of a certain description, when met in nocturnal conclave, and be only

voted upon in this place. If such be the fact, it seems but reasonable

that any of the members of this House should be admitted in meetings of

the conclave, as delegates from the territorial districts are admitted

into Congress, with a right to debate, although not to vote. If,

however, this is thought too much, gentlemen should at least have

galleries provided, so that other members of the Legislature might be

admitted as spectators, and have the opportunity of knowing the reasons

for public measures.

The question was called for, when Mr. EUSTIS begged the Speaker would

state it, as, in listening to the arguments of the gentleman from

Connecticut, he had forgotten it.

Mr. RUTLEDGE said he was much pleased by the question of the honorable

gentleman from Massachusetts. When gentlemen ask, What is the question?

it is to be hoped that they will respect its merits; but, from the scene

this day acted, he had learned that the only inquiry with gentlemen

would be, from what side does this come?

The question was then taken by yeas and nays, and lost--yeas 35, nays

58.

TUESDAY, January 26.

_Territorial Government for the District of Columbia._

Mr. SPRIGG reported a bill for the government of the Territory of

Columbia.

[The bill establishes a Legislature, chosen by the taxable citizens of

the United States one year resident in the Territory, composed of a

House of Representatives, to consist of twenty-five members, seven

whereof to be chosen by the district of Rock Creek, seven from the part

west of Rock Creek, and eleven by the county of Alexandria. The Governor

to be appointed by the President of the United States. The Territory to

pay the Legislature, and the United States the Governor. The judges to

hold their offices during life, unless removed by the President on the

application of two successive Legislatures.]

Referred to the Committee of the whole House on Tuesday next.

A memorial and remonstrances of sundry inhabitants of the county and

town of Alexandria, in the District of Columbia, was presented to the

House and read, praying that Congress will not agree to any plan, or

pass any bill respecting the government of the said District, which

shall, by the establishment of a subordinate Legislative or subordinate

Executive, or otherwise, tend to unite under its power, the two parts of

the district, as separated by the river Potomac.--Referred to the

Committee of the whole House last appointed.

THURSDAY, January 28.

_Lieutenant Sterret, his Officers and Crew._

The House resolved itself into a Committee of the Whole on the report of

a select committee of the nineteenth instant, on the resolutions of the

Senate, in the form of joint resolutions of the two Houses, "in respect

to Lieutenant Sterret, the officers, and crew of the United States'

schooner Enterprise;" to which Committee of the whole House were also

referred the said resolutions of the Senate; and, after some time spent

therein, the SPEAKER resumed the chair, and Mr. Davis reported that the

committee had had the said report and resolutions under consideration,

and directed him to repeat to the House their disagreement to the said

resolutions of the Senate, and their agreement to two resolutions

contained in the report of the select committee thereupon, in the form

of joint resolutions of the two Houses; which he delivered in at the

Clerk's table.

The House then proceeded to consider the said report and resolutions:

Whereupon, the resolutions of the Senate, to which the Committee of the

whole House reported their disagreement, being twice read at the Clerk's

table, in the words following, to wit:

_Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled_, That, as a

testimony of the high sense they entertain of the nautical

skill and gallant conduct of Lieutenant Andrew Sterret,

commander of the United States' schooner Enterprise,

manifested in an engagement with, and in the capture of, a

Tripolitan corsair, of superior force, in the Mediterranean

Sea, fitted out by the Bey of that Regency to harass the

trade, capture the vessels, and enslave the citizens, of

these States, the President of the United States be

requested to present Lieutenant Sterret with a gold medal,

with such suitable devices thereon, as he shall deem

proper, and emblematic of that heroic action, and the mercy

extended to a barbarous enemy, who three times struck his

colors twice, and recommenced hostilities: an act of

humanity, however unmerited, highly honorable to the

American flag and nation; and that the President of the

United States be also requested to present to each of the

Lieutenants, Porter and Lawson, of the Navy, and Lieutenant

Lane of the Marines, who were serving on board the

Enterprise in the engagement, and contributed, by their

gallant conduct, to the success of the day, a sword, with

such suitable devices as the President may deem fit.

"_Be it further resolved_, In consideration of the intrepid

behavior of the crew of the Enterprise, under the orders of

their gallant commander, and their receiving no prize

money, the corsair being dismantled and released after her

capture, that one month's pay, over and above the usual

allowance, be paid to all the other officers, sailors, and

marines, who were actually on board and engaged in that

action; for the expenditure of which charge Congress will

make the necessary appropriation."

The question was taken that the House do concur with the Committee of

the whole House in their disagreement to the same, and resolved in the

affirmative.

The resolutions contained in the report of the select committee, to

which the Committee of the whole House reported their agreement, being

twice read, in the words following, to wit:

"_Resolved by the Senate and House of Representatives of

the United States of America in Congress assembled_, That

they entertain a high sense of the gallant conduct of

Lieutenant Sterret, and the other officers, seamen, and

marines, on board the schooner Enterprise, in the capture

of a Tripolitan corsair, of fourteen guns and eighty men.

"_Resolved_, That the President of the United States be

requested to present to Lieutenant Sterret a sword,

commemorative of the aforesaid heroic action; and that one

month's extra pay be allowed to all the other officers,

seamen, and marines, who were on board the Enterprise when

the aforesaid action took place."

The question was taken that the House do concur with the Committee of

the whole House in their agreement to the same, and resolved in the

affirmative.

_Ordered_, That the said resolutions be engrossed, and read the third

time to-morrow.

MONDAY, February 8.

_Imprisonment for Debt._

Mr. SMILIE called up his resolution that a committee be appointed to

revise the laws respecting imprisonment for debts due the United States.

His objects, he said, were two; to secure the debtor's property, and to

inflict some penalty or provide some remedy instead of imprisonment for

life.

Mr. RUTLEDGE was opposed to imprisonment for life, where the debtor gave

up his whole property, and was unable to pay all. He had known, in South

Carolina, revenue officers imprisoned for debts due the United States,

who had been many years confined; men of good character, men of honesty,

but who, through ignorance of transacting certain business, or their

misfortunes, were unable to pay. He knew an individual of that State who

had applied to that House for relief; his petition was referred to the

Secretary of the Treasury; the Secretary felt a delicacy in interfering

in the case; the petition was not granted; and the person had now been

in jail five years, though his inability to pay did not arise from

having wasted the public money, or from aught but misfortune; for he was

acknowledged to be a man of good character. He was averse to such

cruelty. Hence the necessity of making some provision that the innocent,

when distinctions can, as in most instances, be made, may not be

subjected to cruel punishments, that were of no benefit to the United

States. Why send him to jail? Why lock him up there? Why prevent his

being able to support his family?

Mr. SMILIE.--It is the case that when you exceed in making your laws

what is reasonable, those laws, as the present concerning debtors to the

United States, will not be executed. The present law cannot be put in

execution. He wished some sufficient penalty. This was not the proper

stage to give his sentiments; were it, he should say, he thought the

defaulter ought to give up the property, and perhaps be imprisoned a

period. But the Legislature are not the proper judges, and ought not to

interfere; the Legislative and Judicial Departments should be kept

separate. We want some uniform law, operating on all according to their

demerit.

The subject was postponed till to-morrow.

FRIDAY, February 12.

_State Balances._

Mr. THOMAS called up his motion respecting State Balances, which is as

follows:

"_Resolved_, That a committee be appointed to inquire into

the expediency of extinguishing the claims of the United

States for certain balances, which, by the Commissioners

appointed to settle the accounts between the United States

and the individual States, were reported to be due from

several of the States to the United States, and that the

said committee have leave to report by bill or otherwise."

Mr. BAYARD hoped the resolution would prevail. The debtor States, not

satisfied with the settlement made by the Board of Commissioners, had

asked for information respecting the grounds on which it had been made.

The information had been imperiously refused. In his opinion it was but

right, if the debtor States did not dispute the validity of the debts

due to the creditor States, that they should agree to expunge the claims

against the debtor States. Indeed, he had been assured that the

commission was not instituted with a view of sustaining any charges

against the debtor States, but for ascertaining the amount due to the

creditor States, and funding them; and he believed it had been so

understood at the time. This was an affair not determinable by the

ordinary rules applied to individual cases. Many of the States, not

expecting a settlement, had kept no accounts or vouchers; and however

great the supplies they contributed under such circumstances, they

received no credits for them; while those States which had been most

careful in the preservation of vouchers, shared a different and a better

fate.

Mr. B. believed it was the true policy of the creditor States to agree

to the extinguishment of these balances. He believed they never could be

paid, because no State allowed them to be due. They would not,

therefore, be paid voluntarily; and he knew of no force in the United

States to compel payment. Why, then, keep up a source of irritation,

which could do no possible good, and which could only tend to repel some

States from that constitution, which we all ought to endeavor to make

the object of general affection?

Mr. SOUTHARD said, he had yet heard no reason that convinced him that

the resolution offered was just or proper. It would be recollected that

this contract was made under the confederation. In the establishment of

our independence, great and various exertions had been made. In the

contributions made, great inequalities took place, which were

unavoidable. Generally, where the war existed, the States became

creditor States. It was just that those States which had contributed

more than their share should be repaid, and that those who had paid less

should make up the deficiency. If the debtor States were not to pay

their balances, why settle the accounts? To relinquish the payment would

be, in his opinion, not only unjust but unconstitutional. The

constitution says, "All debts contracted, and engagements entered into,

before the adoption of this constitution, shall be as valid against the

United States, under this constitution as under the Confederation;" and

the present Government had recognized those debts as just. The gentleman

from Delaware says, the settlement is not just. But this was barely the

suggestion of his own mind. To sustain it, he ought to have shown its

defects; but this he had not done.

Mr. MITCHILL was in favor of the resolution, as he believed a refusal to

adopt it would be attended with unpleasant sensations. He judged so from

an historical review of the business. The several States had associated

together for their common defence, and, in the eye of equity, whatever

that defence required, should constitute a common charge. The accounts

of expenses thus incurred were not settled till the new Government was

established. That Government fixed the mode of settlement; it appointed

a board of referees, to report the debts and credits of the respective

States. In this report, it was the fortune of certain States,

notwithstanding the greatness of their contributions, to be reported

debtor States. These States became debtors from the independent spirit

with which they asserted their sovereign rights. Not relying on the

general contributions, they furnished great supplies without making any

charge to the Union; by exerting all their strength, they paid as they

went, and preserved no vouchers of what they paid. This, he averred, was

the case as to the State which he had the honor in part to represent; a

State as willing as able to contribute, and which did contribute to a

great extent; but which had neglected to preserve her vouchers, the

preservation of which would have made her a creditor State. He believed,

therefore, that in equity, the States were not bound to pay these

balances. But to this it is replied, the award is final. He would not

agree to that; he denied it. Besides, there was a want of coercive power

in the United States to enforce those demands. From this consideration

alone, we ought to proceed with lenity, and endeavor to make the

settlement a peaceable one. As in other circumstances, we ought to make

a virtue of necessity.

Mr. S. SMITH said, he did not rise to take any part in the debate, but

in order to bring the subject directly before the committee. To do

which, he moved so to amend the resolution as to make it read,

"Resolved, That it is expedient to extinguish the claims," &c.

Mr. LOWNDES hoped the amendment would not be agreed to. He did not see

the expediency of volunteering a relinquishment of the claims

established against several of the States. The amendment was calculated

to take the committee by surprise. The original resolution went merely

to consider the expediency of a relinquishment; the amendment involved

the principle itself.

Mr. HILL was desirous the amendment should not be made, not from any

indisposition himself to agree to it, but from a regard to the

sentiments of other gentlemen. Even if it was ascertained that these

debts had arisen on a just consideration, yet, in his opinion, they

ought to be extinguished, from the principle that, in our Government,

whatever hazarded the harmony of the Union, ought to be avoided.

Precedents were not wanting in which sacrifices were made to this

principle. He alluded to the quieting the claims under Connecticut

rights. But, whatever might be the general ideas on this subject

elsewhere, he knew not a man in North Carolina, who did not believe the

adjustment iniquitous. To show the committee how the citizens of that

State felt, he would state a case that had occurred before the Board of

Commissioners. Two claims had been made, both for the same amount and

the same description of supplies, one on one side and one on the other

side, of Pedee River; one in North, and the other in South Carolina;

and, in one case, seven shillings had been allowed, and in the other,

only sixpence for the bushel of wheat. The business generally was

entitled to the attention of Congress. It had, in fact, already been

attended to at different times. New York had extinguished eight hundred

thousand dollars of her balance under certain provisions applied to her

case.

Mr. BACON said, if the object of the motion was to go into a new

liquidation of the old accounts between the United States and the

several States, it would not only take up every day of the present

session, but the work would be left unfinished for our successors. These

debts had been incurred in a common cause, in which each State was

equally interested, and towards which each State was bound equally to

contribute. When Congress made requisitions on this principle, they were

accompanied by a promise that there should be a final liquidation. This

liquidation was made; the settlement was complete. But this settlement

is now objected to, and what is to be done? Why we must annul the

contract. This might satisfy some of the States, but he was sure it

would dissatisfy others. He saw, therefore, no end to be answered by the

motion. We must either set aside all that had been done, and begin _de

novo_, to which this body is incompetent, or rest satisfied with what is

already done.

Mr. R. WILLIAMS observed, that since he had held a seat in the House,

this subject had been almost every session called up. The more he had

heard it discussed, the more he became convinced of the necessity of

getting it out of the way. He found that whenever it was brought up, all

was imagination. One State contended that it had contributed largely,

and another, that its exertions had not been surpassed.

We are asked, why relinquish these balances before we are solicited by

the States? He would reply that North Carolina never had recognized the

debt, and, in his opinion, never would apply for its extinguishment. He

was in favor of the amendment, because the principle ought to be

decided here, and not in a select committee. What, indeed, could such

committee report? There were no vouchers or books whereon the settlement

had been made to be got at. All they could do, then, would be to report

the balances alleged to be due, which any member could at any time

learn.

It seemed almost useless to go into arguments to show the injustice of

the claim, and of consequence, the justice of the resolution. It had

been justly said, that those States which had contributed the most, had,

by the report of the Commissioners, the most to pay; and this was

peculiarly so with the State of North Carolina.

Mr. W. had forborne to dwell on the injustice of these demands. But were

he to enter on that branch of the discussion, he should say that the

very act of destroying all the vouchers was of itself sufficient to

justify any suspicion. He should say, that for what, in some States,

there had been an allowance of one hundred pounds, North Carolina had

not been allowed twenty shillings. Could, then, gentlemen talk of moral

obligation, and say that this was a just debt?

Mr. T. MORRIS said, it was contended that the accounts should be opened

anew and re-examined. The fears, therefore, of the gentleman from

Massachusetts, were entirely visionary. The resolution was a simple one.

It proposes to inquire into the expediency of doing away these debts.

The amendment goes to determine the principle here. He thought it proper

the principle should be settled here. But gentlemen say they want

information. If so, after the amendment is agreed to, they may move for

a postponement. If the amendment were carried, he would himself move a

postponement.

It had been said that New York had had eight hundred thousand dollars of

her debt remitted by the United States. But how did the case really

stand? New York had availed herself of the act of Congress, not because

she acknowledged the debt to be just, but because she preferred doing

something to remaining in the situation towards the United States in

which she stood. It was strange, then, to hear gentlemen say that New

York had been favored. What was the fact? North Carolina, according to

the gentleman, had not, and would not, pay one cent; and New York had

discharged a greater sum than was due by all the other debtor States,

with the exception of Delaware. She was, therefore, instead of being

favored, placed in a worse situation than any other State. It was from

the existence of this state of things that he wished a final decision to

be made this session. New York having agreed to make certain payments to

the United States, it was important to her to know whether the United

States meant to enforce payment by the other States. Her situation would

be truly unfortunate, if after agreeing to pay, the United States

suffered her claims against the other States to sleep. She would not

only have to pay her quota of the debts, but would see no prospect of

deriving her share of benefit from the payments of the other debtor

States.

Mr. MACON said the subject was a very old one, which had occupied much

time every session for many years, and he thought it would be as well to

try the question now as at any other time. No information of a select

committee could throw any new light upon it.

There was a fact which ought to have great weight with the committee.

One of the Commissioners who made the settlement, who was a member of

this House, had, after the settlement, proposed a resolution to

extinguish the balances of the debtor States; and he had stated, as a

reason for this measure, that the principle adopted by the board had

operated very harshly upon particular States. Mr. M. had it from

authority not to be questioned, that in the settlement by the

Commissioners, teams, with the usual number of horses, had not produced

twenty shillings.

This subject had hung over our heads for eight years, and no scheme was

yet devised for collecting the balances. How could they be collected?

Congress had, it is true, authorized expenditures by the States in the

erection of fortifications; but this very act was a tacit confession of

the impracticability of getting the money into the public Treasury. As

to a settlement with North Carolina, it was involved in great

difficulty. In the act of cession of lands by that State to the United

States, it was provided that the territory ceded should be pledged to

pay a proportional share of the balance due the United States. How could

that share be estimated?

Mr. M. regretted that this subject had been brought up. He should not

himself have been for bringing it up, for he thought the claims of the

United States not worth a rush. The truth was, the States had all

exerted themselves in one great and common cause; they had done their

best; they had acted with great glory. As to the State which he

represented, he would ask if the first blood that had been spilled after

that shed at Boston was not in North Carolina? and that was the blood of

brother against brother. He desired not, however, to make comparisons,

which were always unpleasant, but to show that North Carolina had no

reason to shrink from an inquiry which would demonstrate that she had

fully contributed her share in the common cause, without meaning to

assert that she had done more than other States. Let, then, Congress

decide at once, and abandon the claims altogether, or devise some plan

for collecting them, that we may know how we stand.

Mr. DANA said, I hope the amendment will not be agreed to. However

gentlemen may be possessed of a wholesale intellect, that enables them

to decide on interesting questions without a moment's reflection, I

confess I am not blessed with so happy an intuition. I do not know that

I have ever been called upon to form an opinion on this subject. As to

a reference of it to a committee, I think their investigation may be

useful, and after we get that, we may take time to decide. But now the

plan is changed, and we are called upon to decide at once the principle.

This mode of transacting business may be called an economy of time. You

may give it the name, but it is not the substance. For my part, I desire

to proceed according to our old plan, and go through the slow process of

investigation. This is my way, and gentlemen may rest assured that this

mode of hurrying business is not the way to save time, but to lose it.

Mr. BAYARD declared himself in favor of the amendment, and he could not

think, notwithstanding the remarks of his honorable friend from

Connecticut, that any gentleman in the House was unprepared to vote upon

it. The subject had been frequently discussed, and he believed that the

House was then as well prepared for a decision as they would be for a

century to come. It involved but a single principle; and, as to

information, he could scarcely tell what information was wanted. He felt

much of the indifference of the gentleman from North Carolina, (Mr.

MACON.) He was sure the United States had neither the right, nor the

power to recover these balances; and he repeated it as his opinion, that

it had not been the original intention that the debtor States should pay

them. Will gentlemen recollect that the commission was instituted under

the old Confederation. Had Congress, then, a right to do any thing to

bind the sovereignties of the independent States? All they could do was

to pass resolutions making requisitions, which the States might or might

not comply with. They could appoint Commissioners to settle the

accounts, but could they impose the debts upon the States? No, they

could not. It, therefore, never could have been contemplated that they

would establish those debts. The only effect that could have been

contemplated, was, that the creditor States might rely that, on a

settlement, Congress would assume their balances.

On the question being put, the amendment was lost--yeas 41, nays 46.

When the original resolution for referring to a select committee the

consideration of the expediency of extinguishing the balances was

carried.

_Ordered_, That Mr. THOMAS, Mr. BAYARD, Mr. DANA, Mr. HILL, and Mr.

BUTLER, be appointed a committee, pursuant to the said resolution.

And the House adjourned.

TUESDAY, February 16.

_Judiciary System._

The House then went into Committee of the Whole on the Judiciary bill

from the Senate.[66]

Mr. HENDERSON.--I should not rise to offer my opinion on the great

question before the committee, were I not placed in a situation

different from that in which I have been since I have had the honor of a

seat in this House. The Legislature of the State of North Carolina, one

of whose representatives I am on this floor, have seen proper to

instruct their Senators and to recommend to their Representatives in

Congress, to use their exertions to procure a repeal of the law passed

the last session of Congress, for the more convenient organization of

the Courts of the United States, and the bill on your table has for its

object the repeal of this law, and as I shall probably vote against its

passage, a decent respect for the opinions of those who have framed and

sent forward those resolutions, demands that I should give the reasons

which influence my conduct.

The people of America have obtained and established that the powers of

Government shall be vested in three great departments; the Legislative,

the Executive, and the Judicial. They have said that there shall be a

House of Representatives, the members of which shall be chosen by the

people of the several States every second year. Though this House is

composed of members chosen by the people immediately; though they can

have no other interest than the great community from which they were

sent; though they must return to the common mass in the short period of

two years; yet enlightened America did not see proper to intrust the

power of making laws to this body alone; they knew that the history of

man, and the experience of ages, bore testimony against the safety of

committing this high power to any one Assembly not checked by any other

body. They have therefore erected another branch of the Legislature,

called the Senate, the members of which are not to be elected by the

people immediately, but by the sovereignties of the several States; they

are to be chosen for six years, and not for two; and the qualifications

requisite to entitle those to a seat is different from that of a member

of this House. To these bodies are given the power of initiating all

laws; but after a bill has passed both of these Houses, before it

becomes of binding obligation on the nation, it must be approved of by

the President; it is a dead letter until life is given by the Executive.

The President is elected not by the people, not by the Legislatures of

the several States, not by either House of Congress, but by Electors

chosen by the people. He is to hold his office during four years. This

is the second great department of the Government. It will be easily

discovered from this cursory view of our constitution, the caution and

jealousy with which the people have conferred the power of making laws,

of commanding what is right, and prohibiting what is wrong. But, sir,

after this law was made, after its authoritative mandate was

acknowledged by the nation, it became necessary to establish some

tribunal to judge of the extent and obligation of this law. The people

did not see proper to intrust this power of judging of the meaning of

their laws, either to the Legislative or to the Executive, because they

participated in the making of these laws; and experience had shown that

it is essential for the preservation of liberty that the Judicial and

Legislative authorities should be kept separate and distinct. They

therefore enacted a third department, called the Judicial, and said that

"the Judicial power of the United States shall be vested in one Supreme

Court, and in such inferior courts as Congress may from time to time

ordain and establish. The judges both of the Supreme and inferior courts

shall hold their offices during good behavior, and shall at stated times

receive for their services a compensation which shall not be diminished

during their continuance in office."

It is admitted, I understand, by all parties, by every description of

persons, that these words, "shall hold their offices during good

behavior," are intended as a limitation of power. The question is, what

power is thus to be limited and checked? I answer, that all and every

power which would have had the authority of impairing the tenure by

which the judges hold their offices, (if these words were not inserted,)

is checked and limited by these words; whether that power should be

found to reside in Congress, or in the Executive. These words are broad

and extensive in their signification, and can only be satisfied by being

construed to control the Legislative as well as the Executive power. But

gentlemen contend that they must be confined to limiting the power of

the President. I ask gentlemen, what is there in the constitution to

prove their signification to this end alone? When you erect a court and

fill it with a judge, and tell him in plain, simple language, that he

shall hold his office during good behavior, or as long as he shall

behave well; what, I beseech you, sir, will any man, whose mind is not

bewildered in the mazes of modern metaphysics, infer from the

declaration? Certainly that the office will not be taken from him until

he misbehaves; nor that he will be taken from the office during his good

behavior. Under this impression he enters upon his duty, performing it

with the most perfect satisfaction to all persons who have business

before him; and the Legislature, without whispering a complaint,

abolishes the office and thereby turns out the judge. The judge is told

this is no violation of the compact; although you have behaved well,

although we have promised that as long as you did behave well you should

continue in office, yet, there is now no further necessity for your

services, and you may retire. These words, "during good behavior," are

intended to prevent the President from dismissing you from office, and

not the Legislature from destroying your office. Do you suppose, sir,

that there is a man of common understanding in the nation, whose mind is

not alive to the influence of party spirit, that would yield his assent

to this reasoning? I hope and believe there is not. But, sir, how is it

proved that the President would have had the power of removing the

judges from their office, if these words, "during good behavior," had

not been inserted in the constitution? Are there any words in that

instrument which give the President expressly the power of removing any

officer at pleasure? If there are, I call upon gentlemen to point them

out; it does not result from the fashionable axiom, that the power which

can create can destroy. The President can nominate, but he can appoint

to office only by the advice and consent of the Senate. Therefore, it

would follow, if the power of displacing results from that of creating,

that the Senate should participate in displacing as well as creating

officers. But however this may be, it is certainly a mere constructive

power which he has exercised, because the Legislature have, from motives

of expediency, acknowledged that he had it. If the constitution does not

necessarily give the President the right of removing officers at

pleasure, and if that right depend upon Legislative acts or

constructions, where would have been the necessity for inserting these

emphatic words as a check and limitation of Executive power, where

without them the President has no such power? You are taking great pains

to control a power which does not exist. The persons who framed our

constitution knew that a power of removal in ordinary cases must exist

somewhere. They took care, therefore, that in whatever hands it might

fall, the language of the constitution respecting the tenure of the

office of a judge should be co-extensive with the whole power of

removal, whether it should reside in one or in more hands.

But it has been said that the powers of each Congress are equal, and

that a subsequent Legislature can repeal the acts of a former; and as

this law was passed by the last Congress, we have the same power to

repeal it which they had to enact it. This objection is more plausible

than solid. It is not contended by us that legislatures who are not

limited in their powers have not the same authority. The question is not

what omnipotent Assemblies can do, but what _we_ can do under a

constitution defining and limiting with accuracy the extent and

boundaries of our authority. The very section in the constitution (sec.

third, art. first) which I have read, is a proof against the power of

every Congress to repeal the acts of their predecessors. In the latter

part of the eighth section it is proposed that the judges shall receive

for their services a compensation which shall not be diminished during

their continuance in office; and yet the salary was ascertained and

fixed by a former Congress. The same observations may be made with

respect to compensation for the President, which can neither be

increased nor diminished during the period for which he shall have been

elected. It is not competent for this Congress to vary the compensation

to him which has been fixed by a prior Legislature. It is clearly seen,

upon a little investigation, that the position which gentlemen take is

too extensive, and leads immediately to a destruction of the

constitution. It does away all check, and makes the Legislature

omnipotent. It has been asked, that if a corrupt and unprincipled

Congress should make an army of judges, have not a subsequent Congress

the right of repealing the law establishing this monstrous judicial

system? I answer that they have not; the same mode of reasoning which

attempts to prove this right from an abuse of power will also prove that

you may lessen the compensation of your judges. May not equal oppression

be imposed upon the people by giving your judges exorbitant salaries as

by increasing their numbers? May not the same corrupt and unprincipled

motive which would lead men to the raising of an army of judges lead

them to squander the public money? And may they not, instead of giving

their judges two thousand dollars a year, give them two hundred

thousand? And yet, sir, if it were to take place, I know of no authority

under the constitution to lessen that exorbitant compensation. The

Government of our country is predicated upon a reasonable confidence in

those who administer our public affairs. They must have the power of

acting for the public welfare, and this would never have been given them

if the possible abuse of this power were a sufficient reason for

withholding it.

Again, sir, the construction which gentlemen on the other side of the

House contend for, tends to the concentration of Legislative and

Executive powers in the same hands. If Congress, who have the power of

making laws, can also displace their judges by repealing that which

creates the offices they fill, the irresistible consequence is, that

whatever law is passed the judges must carry into execution, or they

will be turned out of office. It is of little importance to the people

of this country whether Congress sit in judgment upon their laws

themselves, or whether they sit in judgment upon those who are appointed

for that purpose. It amounts to the same despotism; they in fact judge

the extent and obligations of their own statutes by having those in

their power who are placed on the sacred seat of justice. Whatever the

Legislature declares to be law must be obeyed. The constitutional check

which the judges were to be on the Legislature is completely done away.

They may pass ex post facto laws, bills of attainder, suspend the writ

of habeas corpus in time of peace, and the judge who dares to question

their authority is to be hurled from his seat. All the ramparts which

the constitution has erected around the liberties of the people, are

prostrated at one blow by the passage of this law. The monstrous and

unheard of doctrine which has been lately advanced, that the judges have

not the right of declaring unconstitutional laws void, will be put into

practice by the adoption of this measure. New offences may be created by

law. Associations and combinations may be declared treason, and the

affrighted and appalled citizen may in vain seek refuge in the

independence of your courts. In vain may he hold out the constitution

and deny the authority of Congress to pass a law of such undefined

signification, and call upon the judges to protect him; he will be told

that the opinion of Congress now is, that we have no right to judge of

their authority; this will be the consequence of concentrating Judicial

and Legislative power in the same hands. It is the very definition of

tyranny, and wherever you find it, the people are slaves, whether they

call their Government a Monarchy, Republic, or Democracy.

Mr. Chairman, I see, or think I see, in this attempt, that spirit of

innovation which has prostrated before it a great part of the old

world--every institution which the wisdom and experience of ages had

reared up for the benefit of man. A spirit which has rode in the

whirlwind and directed the storm, to the destruction of the fairest

portion of Europe; which has swept before it every vestige of law,

religion, morality, and rational government; which has brought twenty

millions of people at the feet of one, and compelled them to seek refuge

from their complicated miseries in the calm of despotism. It is against

the influence of this tremendous spirit that I wish to raise my voice,

and exert my powers, weak and feeble as they are. I fear, sir, on the

seventh of December, it made its appearance within these walls, clothed

in a gigantic body, impatient for action. I fear it has already begun to

exert its all-devouring energy. Have you a judiciary system extending

over this immense country, matured by the wisdom of your ablest and best

men? It must be destroyed. Have you taxes which have been laid since

the commencement of the Government? And is the irritation consequent

upon the laying of taxes worn off? Are they paid exclusively by the

wealthy and the luxurious part of the community? And are they pledged

for the payment of the public debt? They must be abolished. Have you a

Mint establishment, which is not only essentially necessary to protect

the country against the influx of base foreign metals, but is a splendid

attribute of sovereignty? It must be abolished. Have you laws which

require foreigners coming to your country to go through a probationary

state, by which their habits, their morals, and propensities may be

known, before they are admitted to all the rights of native Americans?

They must be repealed, and our shores crowded with the outcasts of

society, lest oppressed humanity then should find no asylum on this

globe!

THURSDAY, February 18.

A message was received from the PRESIDENT OF THE UNITED STATES,

transmitting a letter from the Secretary of War on the subject of

certain lands in the neighborhood of our military posts, on which it

might be expedient for the Legislature to make some provisions. A letter

was also received from the Governor of Indiana, on the same subject. The

said Message and letter were read, and ordered to lie on the table.

_The Judiciary Bill._

The House again resolved itself into a Committee of the whole House on

the bill sent from the Senate, entitled "An act to repeal certain acts

respecting the organization of the Courts of the United States and for

other purposes."

Mr. STANLEY.--Mr. Chairman, every measure which is brought under the

consideration of a Legislature must first be tested by its expediency.

Unhappily, in the present instance, another question arises--its

constitutionality. I will endeavor, concisely, to examine the subject on

both those points. And, first, as to the expediency of the measure. In

order to form a correct estimate between the present Judiciary system of

the courts of the United States and that for which it was substituted,

it is proper to take a comparative view of both.

Under the former system, there were six judges of the Supreme Court of

the United States, who held two sessions of the Supreme Court in each

year, at the seat of Government. Those judges also held in each State a

circuit court, two terms in each year, in which the judge of the

district was associated with the circuit judge. The organization of the

district courts having jurisdiction, principally, of matters affecting

the revenue and admiralty causes, not being connected with the present

question, need not be examined. From the errors of this system resulted,

first, a delay of justice. The judges bound to hold courts in succession

at remote parts of the continent, were continually travelling; from the

variety of accidents to which travellers are subjected in this country,

from the condition of roads and overflowing of rivers, it frequently

happened that the judges failed in their attempts to get to the courts,

or arrived so late that little business was done. Suitors, jurors, and

witnesses, were subjected to the trouble and expense of attending courts

without the accomplishment of their business; hence resulted a delay of

justice. In the State to which I belong, during the few years existence

of the former system, this was the case frequently.

Another great evil resulting from that system was, its tendency to

lessen the character and respectability of the Federal bench. Those best

acquainted with the profession of the law will most readily admit, that

even a life of patient study is unequal to the complete attainment of

principles and rules; and that much labor and industry are necessary to

preserve that which is gained. Consequently, that extent of legal

knowledge, correctness of judgment, and respectability of character,

which should designate the persons qualified for this important trust

were seldom to be found, but in men far advanced in years. Men

possessing these qualifications, not inured to labor, are seldom equal

to the fatigue of their duty; or, if at the time of appointment, fast

approaching to the infirmities of age, were not to be expected to

relinquish the enjoyments of private life for an office, which, however

honorable, subjected them to the fatigue of a day laborer. The office,

with its incumbrances, was, as it were, offered to the lowest bidder.

And men best qualified to honor the bench, were driven from it. True it

is, men have been found eminently uniting virtue and talents, who have

accepted the office under all its distressing circumstances, but we owe

this rather to their patriotism than to the advantages of the situation.

Let it also be remembered that, in some instances, gentlemen who would

have adorned the seat of justice of any country, were compelled to

relinquish their seats; and in others, refused to accept the

appointment.

Another error of that system was, that the judges of the Supreme Court,

the court in the last resort, before whom the errors of the inferior

circuit courts were to be corrected, were the same men who presided in

those circuit courts. With great deference for the opinions of gentlemen

who prefer that system, I pronounce my opinion, that its errors were

radical; that those who justly estimated the importance to our interest

and national character, of a speedy and correct administration of

justice, ought to have desired a change. The present system has happily

obviated these errors. The States are divided into six circuits; in each

State is appointed one judge, called a circuit judge; the judges of the

States, composing one circuit, ride together into the States of their

circuit, and together hold the court. The much smaller distance which

those judges have to travel than the circuit judges, under the former

system, secure their due attendance; a portion of their time is left

them to study and reflection, and the same persons presiding at

successive terms, a uniformity of decision is preserved. The six former

judges hold the Supreme Court, with original constitutional jurisdiction

in matters of the utmost national importance, and appellate

jurisdiction, in certain cases, where the sum in dispute is two thousand

dollars; they are also the court in which the errors of the circuit

court are examined and corrected.

It is objected against the act proposed to be repealed, that a dangerous

patronage is created by it for the President. I shall pass over what I

consider an inconsistency in this objection coming from gentlemen who

profess that implicit confidence is due to the man chosen by the people,

who, in his appointments, speaks not less the voice of the people than

the voice of God, and examine the weight of the objection. If this

apprehended patronage means the power of appointing the Judiciary, that

power is given by the constitution, and is the same, whether the power

of the Judiciary be vested in six or in sixteen judges. If it fear an

undue control over the people in favor of the Executive, through the

Judiciary, make the judges as independent as we contend they are and

ought to be, and they are placed beyond the necessity of descending to

the practice of improper means to preserve Executive favor.

We have been told, sir, that it is necessary the judges should ride into

the States to gain a knowledge of the laws by which, in many cases, they

are to decide. Until this occasion I have never heard that the laws of a

country could only be acquired in the atmosphere of that country where

they are in force. Nine-tenths of the decisions in our State courts and

Federal courts turn on questions of common law; yet, has it ever been

suggested that an American judge was incompetent to decide on common law

questions, because he had not studied in England? No, sir, the knowledge

in both cases may be acquired in the closet. To these observations

permit me to add, that the remonstrances from the bar of Philadelphia,

composed of gentlemen no less celebrated for the respectability of their

private than of their professional character, who, on this occasion, so

interesting to the welfare of their country, have sacrificed their

political prejudices, strongly expressing their decided preference of

the present system to the former, is, to my mind, conclusive, that it

ought to be preferred. I am, therefore, of opinion, that it is

inexpedient to pass the present repealing bill; and so long as my

opinion is supported by the respectable authority I have just alluded

to, and opposed only by the objections which I have noticed, I shall

feel satisfied that opinion is correct.

In approaching the second question which I proposed to examine--the

constitutionality of the measure--whether I reflect on the magnitude of

the question on the one hand, or my inability on the other, I am,

indeed, humbled before the undertaking.

Without examining whether Government, according to the modern opinion,

should be founded on the reason and sense of justice of man, it is

certain our Government is calculated to guard against his weakness and

his wickedness. Our Government has been particularly cautious on this

subject; it has left nothing to the hazard of reason or sense of

justice; it has carefully delegated powers to three distinct

departments, and separated these departments by boundaries plainly

marked and formed, each so as not to control, at least to check, the

other. The Legislative powers, though vested in men chosen frequently

and by the people themselves in one branch, and by the immediate agents

of the people in the other, are nevertheless the object of suspicion and

caution. Their powers, far from resting on their discretion or sense of

expediency, are expressly and cautiously limited. The Executive

conditional veto forms one check on the Legislature; the Judiciary, I

shall contend, are a check on both. Here, permit me to say, that from

the spirit and the words of our constitution, I infer that the Judiciary

are a co-ordinate department with the Executive and Legislative. The

framers of our constitution, satisfied that the powers of well-organized

Governments ought to be divided into three branches--Legislative,

Executive, and Judicial--have nowhere expressly declared there shall be

such departments, but, after premising the objects of the Government,

proceed to ordain how the Legislature shall be composed; and article

two, section two, declares, "The power shall be vested in a President of

the United States of America; he shall hold his office during the term

of four years," and prescribes the mode of election. Article three,

section one, also declares, "The Judicial power of the United States

shall be vested in one Supreme Court and in such inferior courts as the

Congress may from time to time ordain and establish," and the judges of

the supreme and inferior courts shall hold, &c., during good behavior.

By comparing these sections of the constitution, it appears the

Judiciary and the Executive are expressly created by the constitution,

and nothing is left to the discretion of Congress, as to the existence

of these departments; they are created by the same words; and if the

Legislature claim a right to put down the Judiciary at pleasure, before

the happening of that event till which the constitution secures their

offices--their misbehavior--they may as well assume the right to remove

the President before the happening of that event till which his office

is secured, to wit, the expiration of four years. I shall attempt to

establish as a first principle, that the Judiciary are a check on the

Legislature, and thence to show first, that, by the spirit of our

constitution, the Judiciary ought to be independent, beyond the control

or influence of either of the other departments of power; and secondly,

that, by the words of the constitution, they are so secured.

First, then, that the Judiciary are a check on the Legislature. In the

constitution, we find certain powers delegated to Congress; we also find

they are prohibited from exercising certain powers; among which are,

they shall pass no _ex post facto_ law, no bill of attainder, no law

respecting religion, &c. Should, unhappily, a Legislature be found who,

from weakness or wickedness, or the union of both, should transgress the

bounds prescribed, what is the security of the citizen? After all the

experience derived from the example of other Governments, after all the

deliberation and wisdom of our sages who framed the constitution, are we

left, in this important instance, as under the despotism of a monarch,

to seek redress through the throes and convulsions of a revolution? No,

sir. The Judiciary are our security. The Legislature may enact

penalties, and denounce punishments against those who do not yield

obedience to their unconstitutional acts; their penalties cannot be

exacted, nor punishments inflicted, without the judgment of a court. The

judges are to expound the law, and that fundamental, paramount law, the

constitution. To this purpose they are sworn to support the

constitution. While the Judiciary firmly, independently, and uprightly,

discharge their duty and declare the act of the Legislature contrary to

the constitution, to be void, the Legislature are checked, and the

citizen shielded from oppression and persecution. But, ask gentlemen,

whence do the courts derive this power, and the honorable gentleman from

Virginia (Mr. THOMPSON) says, we are contending for this common law

doctrine, that the courts are a check on the Legislature. If I

misunderstood the gentleman, I trust he will correct me. Sir, that

gentleman, I am willing to presume, knows, what I assure him no

gentleman with whom on this occasion I act, is ignorant of, that this is

not a common law doctrine; that in England their courts have no check on

the Legislature--their Parliament are emphatically styled omnipotent,

and if they violate the few natural rights that remain to the citizens,

they have no remedy but in a resort to revolutionary principles; it was

the want of this check to the oppressions of their rulers, which has

produced civil wars, and driven one monarch from his kingdom, and sent

another to the scaffold. This power exists in no other Government,

because under no other Government does there exist a Legislature with

limited powers; under our Government it is the very essence, the

constitution of a court, the oath enjoined on them to support the

constitution. The exercise and the admission of this right are not new

in America; instances must be in the recollection of every gentleman. I

will cite a few most prominent: The honorable member (Mr. THOMPSON) has

been pleased to call the attention of the committee to the examples

drawn from his State; I beg leave to profit from the same source. In

1787, the Legislature of that State passed an act making new

arrangements in the jurisdiction of the courts. The judges, among whom

was that venerable gentleman mentioned by the member from that State,

whose merits and worth command the sincere homage of my respects,

protested against this act, and refused to carry it into effect; the

Legislature acquiesced, and the law was repealed.

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