Mr. GOLDSBOROUGH, from the Committee of Claims, to whom was referred the petition of John Troop, of New York, made a report, accompanied by a resolution, that the petitioner have leave to withdraw his petition. The report and resolution were read. SENATE. Senate, of December 15, 1815; and the letter was read. The bill, entitled "An act for the relief of Harold Smyth," was read the second time, and referred to the Committee of Claims. The bill, entitled "An act to authorize the payment, in certain cases, on account of Treasury notes, which have been lost or destroyed," was read the second time, and referred to the Com Mr. GOLDSBOROUGH presented the memorial of the Presidents of the Marine Insurance Committee on Finance. panies of the city of Baltimore, praying the improvement of the navigation of the river Patapsco, and of the Chesapeake bay; and the memorial was read, and referred to the Committee on Commerce and Manufactures. Mr. SMITH presented the petition of John Buchanan, and Hugh Milling, officers in the Revolutionary war, praying grants of land in the Alabama Territory, in lieu of those granted them in the State of Ohio; and the petition was read, and referred to the Committee on Public Lands. The PRESIDENT communicated the memorial of Benjamin H. Latrobe, late Surveyor of the Public Buildings in the City of Washington, in vindication of his professional character; and the memorial was read, and referred to the Committee on the District of Columbia. Mr. HUNTER presented the memorial of a number of the inhabitants of Newport, Rhode Island, praying amendments to the act to prohibit the importation of slaves into the United States; and the memorial was read, and referred. Mr. SANFORD, from the Committee on Commerce and Manufactures, to whom the subject was referred, reported a bill to provide relief for sick and disabled seamen; and the bill was read, and passed to the second reading. On motion by Mr. LACOCK, the Committee on Pensions, who were instructed to inquire into the propriety of granting a pension to Michael Bannon, were discharged from the further consideration thereof; and he had leave to withdraw his papers. Mr. GOLDSBOROUGH, from the Committee of Claims, to whom was referred the bill, entitled "An act for the relief of Thomas B. Farish," reported the same with an amendment; which was read. Mr. GOLDSBOROUGH, from the same committee, to whom was referred the bill, entitled "An act for the relief of Doctor Mattrom Ball," reported the same with an amendment. Mr. Oris gave notice that to-morrow he should ask leave to introduce a bill to extend the jurisdiction of the circuit courts of the United States to cases arising under the law relating to patents. Mr. MORROW, from the Committee on Public Lands, to whom was referred the bill, entitled "An act for the relief of Samuel H. Harper," reported the same without amendment. The PRESIDENT communicated a letter from the Secretary of War, transmitting a copy of the Army Register of this date, for each member of the Senate, conformably to a resolution of the 15th CoN. 2d SESS.-4 The bill, entitled "An act for the relief of Samuel F. Hooker," was read the second time, and referred to the Committee of Claims. The bill, entitled "An act authorizing the election of a delegate from the Michigan Territory to the Congress of the United States, and extending the right of suffrage to the citizens of said Territory," was read the second time, and referred to the Committee on Public Lands. The bill, entitled "An act for the relief of Sampson S. King," was read the second time, and referred to the Committee of Claims. The Senate proceeded to consider the motion of the 4th instant, for instructing the Committee on the District of Columbia to inquire into the expediency of surrounding the Capitol Square with a stone side-walk, for foot passengers; and agreed thereto. The Senate proceeded to consider the motion of the 4th instant, for information respecting the Military Establishment of the United States; and the same having been amended, was agreed to as follows: Resolved, That the President of the United States be requested to cause to be laid before the Senate, as soon as may be, a statement of the effective force now composing the Military Establishment of the United States: Also, a statement of the different posts and garrisons, at, and within which, troops are stationed, and the actual number of officers, non-commissioned officers, and privates, at each post and garrison respectively: Also, to designate in such statement, the number of artillerists, and the number and calibre of ordnance, at each of the said posts and garrisons. The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of James H. Clarke, a Purser in the Navy of the United States. On motion, by Mr. STORER, the resolution having been amended, it was resolved that the prayer of the petitioner is reasonable, and ought to be granted, and the Committee of Claims were instructed to report a bill accordingly. The Senate proceeded to consider the report of the Committee on Naval Affairs, to whom was referred the petition of William Robertson; and, in concurrence therewith, the petitioner had leave to withdraw his petition. On motion, by Mr. GOLDSBOROUGH, the Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Joseph Forrest; and, on his motion, the further consideration thereof was postponed until Monday next, and the Secretary of the Senate was authorized to furnish the circuit court for the District of Columbia with the papers filed therewith, to be used in evidence in a suit pending in said court. The Senate resumed, as in Committee of the Whole, the consideration of the bill to provide for the more convenient organization of the courts of the United States, and the appointment of circuit judges; and, after further progress, the further consideration thereof was postponed until to-morrow. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States: I transmit to Congress a proclamation, dated the 22d of last month, of the Convention made and con cluded at Madrid, between the Plenipotentiaries of the United States and His Catholic Majesty, on the 11th of August, 1802; the ratifications of which were not exchanged until the 21st ultimo, together with the translation of a letter from the Minister of Spain, to the Secretary of State. JAMES MONROE. WASHINGTON, January 4, 1819. The Message and accompanying documents were read. The PRESIDENT communicated a letter from the Secretary of the Navy, transmitting fifty copies of the Naval Register for the use of the Senate of the United States, in compliance with their resolution of the 13th of December, 1815; and the letter was read. The Senate resumed, as in Committee of the Whole, the consideration of the bill prescribing the mode of commencing, prosecuting, and deciding controversies between two or more States; and on motion, by Mr. CRITTENDEN, the further consideration thereof was postponed to, and made the order of the day for, Thursday next. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act for the relief of Frederick Brown ;" and the bill having been amended, it was reported to the House accordingly; and the amendment being concurred in, it was ordered to be engrossed, and the bill be read a third time as amended. The Senate resumed, as in Committee of the Whole, the consideration of the bill to enable the people of the Alabama Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, together with a proposed amendment; and, after debate, the Senate adjourned. WEDNESDAY, January 6. DANIEL D. TOMPKINS, Vice President of the United States and President of the Senate, attended, and took the Chair. JANUARY, 1819. tion of slaves into the United States; and the memorial was read and referred. Mr. RUGGLES also presented the petition of a number of inhabitants of the State of Ohio, praying an extension of the time for completing the payments for public lands, purchased by them, for reasons stated in the petition; which was read. Mr. GOLDSBOROUGH, from the Committee of Claims, to whom was referred the petition of Jacob Whetzell, made a report, accompanied by a resolution, that the petitioner have leave to withdraw his petition. The report and resolution were read. The PRESIDENT communicated a report of the Secretary of the Treasury, made in obedience to a resolution of the 24th ultimo, directing him to lay before the Senate information relative to the effect of an act to suspend, for a limited time, the sale or forfeiture of lands, of the 18th of April last, upon the receipts into the Treasury, and the probable effect by continuing in force the act aforesaid for one year, with a certain condition; and the report was read. On motion, by Mr. RUGGLES, the Committee on Pensions were instructed to inquire into the expediency of amending the act of last session, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war;" so as to provide for a more certain and uniform rule of taking testimony, and more effectually to guard against abuses that may be committed under the said act. Mr. BURRILL, from the Committee on the Judiciary, to whom was referred the bill more effectually to provide for the punishment of certain crimes against the United States, and for other purposes; reported the same without amendment. Mr. BURRILL, from the same committee, to whom was referred the bill further to extend the judicial system of the United States, reported the same without amendment. Agreeably to notice given, Mr. OTIS asked and obtained leave to introduce a bill to extend the jurisdiction of the circuit courts of the United States, to cases arising under the law relating to patents; and the bill was read, and passed to the second reading. The Senate proceeded to consider the report of the Committee of Claims, to whom was referred the petition of John Troop of New York; and, in concurrence therewith, the petitioner had leave to withdraw his petition. Agreeably to the order of the day, the Senate resumed, as in Committee of the Whole, the consideration of the resolution proposing an amendment to the Constitution of the United States, as it respects the choice of Electors of President Mr. ROBERTS presented the memorial of the and Vice President of the United States, and the American Convention for promoting the aboli-election of Representatives in the Congress of the tion of slavery, and improving the condition of the African race; and the memorial was read. Mr. RUGGLES presented the petition of a number of inhabitants of the State of Ohio, praying amendments to the laws to prohibit the importa United States; and on motion, by Mr. BARBOUR, the further consideration thereof was postponed until Monday next. The Senate resumed, as in Committee of the Whole, the consideration of the bill to provide for the more convenient organization of the courts of the United States, and the appointment of circuit judges; and the bill having been further amended, and a motion being made to recommit it with instructions, the further consideration thereof was postponed until to-morrow. The amendment to the bill, entitled "An act for the relief of Frederick Brown," having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed. SENATE. was read, and referred to the Committee on Pensions. Mr. BURRILL, from the Committee on the Judiciary, to whom was referred the bill, entitled "An act to establish a judicial district in Virginia, west of the Alleghany mountain," reported the same with an amendment; which was read. The Senate resumed the consideration of the report of the Committee on Commerce and Manufactures, to whom was referred the memorial of Nicholas Brown and Thomas P. Ives, of Providence in the State of Rhode Island; and, on motion by Mr. BURRILL, the further consideration thereof was postponed until Monday, the 25th instant. The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Jacob Whetzell; and, in concurrence there with, the petitioner had leave to withdraw his petition. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to incorporate the Medical Society of the District of Columbia;" a bill, entitled "An act to incorporate the Provident Association of Clerks in the civil Department of the Government of the United States, in the District of Columbia;" a bill, entitled "An act authorizing the Corporation of the City of Washington, to open and extend certain streets in said city, through a public reservation ;" and a bill, entitled "An act to authorize the President and Managers of the Rockville and Washington Turnpike Road Company, of the State of Maryland, to extend and make their turnpike road to, or from the boundary of the City of Washington, in the District of Columbia, through the said Dis-mittee on Military Affairs, to whom was referred trict to the line thereof;" and also a resolution for the distribution of Seybert's Statistical Annals, and directing Pitkin's Commercial Statistics to be deposited in the library; in which bills and resolution they request the concurrence of the Senate. The four bills and resolution last mentioned were read, and severally passed to the second reading. THURSDAY, January 7. Mr. GOLDSBOROUGH, from the Committee of Claims, to whom was referred the petition of Charles Higgins, made a report, accompanied by a resolution, that the petitioner have leave to withdraw his petition. Mr. GOLDSBOROUGH, from the same committee, pursuant to instructions, reported a bill for the reliet of James H. Clark; and the bill was read, and passed to the second reading. Mr. GOLDSBOROUGH, from the same committee, to whom was referred the bill, entitled "An act for the relief of Daniel Renner and Nathaniel H. Heath," reported the same with an amendment; which was read. The Senate resumed the consideration of the report of the Committee on Finance, to whom was referred the petition of Nathaniel Goddard, and others, formerly owners of the ship Ariadne and her cargo; and the further consideration thereof was postponed until Monday next. Mr. WILLIAMS, of Tennessee, from the Coma resolution of the 2d of last month, directing an inquiry into the expediency of making provision by law for clothing the Army of the United States in domestic manufactures, made a report, that it is inexpedient to make any provision by law on this subject; and the report was read. The bill, entitled "An act authorizing the Corporation of the City of Washington, to open and extend certain streets in said city, through a public reservation," was read the second time, and referred to the Committee on the District of Columbia. The bill, entitled "An act to authorize the President and managers of the Rockville and Washington Turnpike Road Company, of the State of Maryland, to extend, and make their turnpike road to, or from the boundary of the City of Washington in the District of Columbia, through the said District to the line thereof," was read the second time, and referred to the same committee, to consider and report thereon. The bill, entitled "An_act to incorporate the Medical Society of the District of Columbia," was read the second time, and referred to the same committee, to consider and report thereon. The bill to extend the jurisdiction of the circourts of the United States, to cases arising under the law relating to patents, was read the second time. Mr. DAGGETT presented the petition of Wil-cuit liam Prout, of the City of Washington, praying payment for certain property in said city, as stated in the petition; which was read, and referred to the Committee on the District of Columbia. The resolution for the distribution of Seybert's Statistical Annals, and directing Pitkin's Commercial Statistics to be deposited in the library, was read the second time. Mr. WILLIAMS, of Tennessee, presented the petition of Elizabeth B. H. Forsyth, widow of Mr. GOLDSBOROUGH gave notice that to-morColonel Benjamin Forsyth, praying the exten- row he should ask leave to bring in a bill, supsion of the term to which the act granting pen-plemental to an act, entitled "An act further to sions to the widows and orphans of deceased offi- amend the charter of the City of Washington." cers and soldiers was limited; and the petition The bill, entitled "An act to incorporate the Provident Association of Clerks in the civil Department of the Government of the United States, in the District of Columbia," was read the second time, and referred to the same committee, to consider and report thereon. Mr. MORROW, from the Committee on Public Lands, to whom was referred the bill, entitled "An act authorizing the election of a delegate from the Michigan Territory, to the Congress of the United States, and extending the right of suffrage to the citizens of said Territory," reported the same with an amendment, which was read. Agreeably to the order of the day, the Senate resumed, as in Committee of the Whole, the consideration of the bill prescribing the mode of commencing, prosecuting, and deciding controversies between two or more States; and on motion, by Mr. BARBOUR, the further consideration thereof was postponed until Monday next. ORGANIZATION OF THE COURTS. The Senate resumed, as in Committee of the Whole, the consideration of the bill to provide for the more convenient organization of the courts of the United States, and the appointment of circuit judges; and, On the question to agree to the following motion submitted yesterday, by Mr. ROBERTS: "That the bill be recommitted to the committee who reported it, with instructions to provide, in lieu of the provisions of the bill, for the appointment of two additional district judges in the States of Kentucky and Tennessee, who with the district judges, now in commission, shall hold the circuit court in those States, with the jurisdiction those courts now exercise." Mr. ROBERTS said, that, in the good temper (which it was not his intention to disturb) that had for some time happily prevailed, he was at first undecided as to whether he should eventually vote for the bill or not. Seeing around him so many learned and experienced jurists, he had waited to be enlightened by them. He found they held different opinions, and that it became his duty to decide on the best view of the case he could obtain. The proposition and argument of his friend from Virginia (Mr. BARBOUR) had opened in his mind interesting views; and his call for the necessity of the proposed extension of the judiciary establishment had not been responded to satisfactorily by the supporters of the bill. The proposition of the committee having been matured to their satisfaction, his best reflection had resulted in a settled conviction that it ought not to pass. Willing, however, to extend to others the indulgence the Congress had lately extended to his own State, he had felt it not enough to object to the bill; he had also offered a substitute. On a former day, the gentleman from Massachusetts (Mr. Oris) had intimated, pretty distinctly, that he understood the Republican party to have resorted to all the measures they had condemned in their predecessors, save Caly that they had not passed a sedition law. He was glad the gentleman had not adjudged JANUARY, 1819. them to have violated the Constitution. He hoped also the gentleman would hold them acquitted of having as yet sanctioned a law creating a host of useless judges. That had been one of the things which the gentleman's party stood charged with, and one that had received as strong a stamp of reprobation as the sedition law; with this difference, that while the latter had been modified, in its enactment, to disappear with the party whose measure it was, the former had been repealed after perhaps one of the most copious and elaborate discussions any question ever had in Congress. Mr. R. remarked, he was one of those who had always believed there was an essential difference in the principles of the two parties, that have long divided political opinion in our country. What was wrong formerly, circumstances not changed, must be wrong still. He was not ready to admit that the course of the two parties, while in authority, had been identified in everything but a sedition law. It was not necessary to show, though he believed it might be successfully shown, that there were few acts of the Republican party which were not entirely consistent with the tenets they held. At no time has a Republican Legislature, or a Republican Executive, shown any willingness to create or retain useless officers. It was, he said, by recurring to this principle, that he felt so strong a repugnance to this bill, inasmuch as it not only extended, unnecessarily, offices, but of such kind as were more permanent than any others. When gentlemen have been desired to show the necessity for this, and why the district judges may not hold the circuit courts, the reply has been a sort of admission that they are not competent, being chosen for different purposes. Yet these very judges are to form an equal part of the new benches. There was, he knew, an impression around him that he was not penetrated with due respect for the judicial character. As for the existing judges, he thought them, collectively, as able and virtuous men as we can reasonably hope to get. He could not, however, hold them in such respect as to sanction the principle on which they hold their offices. The truth is, the Constitution is, in this regard, essentially vicious. It is a principle falsified by the nature of man. A tenure in office of good behaviour must be held in derogation of the fact, that man is liable to frailty and decay. This will attend the judge as well as the representative; and that Constitution is anomalous and defective which does not provide a remedy for the evil in both cases. The gentlemen favorable to the bill admit the district judges are not competent to hold the circuit courts, not so much from their want of numbers as from their not having been selected with a view to perform those duties. It will be obvious, said Mr. R., that the duties of the district judges, as established by law, are of quite as important a character as those that would devolve on them as circuit judges. It will, he said, be found to be a fact, that we are only beginning to experience the evils of the ten ure of good behaviour. Our Government has existed about thirty years, and many of the district judges which have been appointed were in the vigor of life, and are only now advancing far into the shades of the evening; the inefficiency of age, it seems, is overtaking them; their courts have fallen into disesteem, and we are called upon to prop them up by corps of new creation. Gentlemen have not attempted to show there is any exigency in our jurisprudence, except in a single section of the Union. There it must obviously be temporary. The conflicting grants of land in Kentucky and Tennessee must terminate, even by course of time alone, though it is admitted this remedy would be entirely intolerable. Mr. R. said he was willing to provide efficient tribunals for their adjustment: the motion submitted would reach that object. He was not willing, however, in doing so much, to create judges throughout the Union because one or two were wanted in one section. It would seem to be aggravating the evil we now feel, instead of curing it, the tenure of office being as it is. We have no security we shall get better men than those who hold the district courts; and they must decay, like those who have gone before them. The Constitution is defective, and requires amendment; and it must eventually obtain.While, however, it remains as it is, it would seem wisdom not to multiply judges unnecessarily. Experience has proved we have no remedy against frailty in a judge, short of misdemeanor, but by impeachment. Trial has proved this almost worse than none. What we have seen in this way was not very strong proof that the tenure of the judge's office was founded in wisdom and truth. An instance had occurred where the judge had become so odious that difficulty occurred in finding him a location for the exercise of his office. There is certainly difficulty, and it is almost insuperable, in getting rid of a bad judge. Let us take care how we make them without necessity. "A breath can make them!" but it cannot unmake them; such a task will require the utmost effort of our Govern SENATE. and made so wisely. But the bench of judges are not the Judiciary. The judicial power is to be vested in a Supreme Court and other courts; not in the judges only, but in the judges, jury, and other officers. The judges are the only officers who have a tenure of office of good behaviour; and in this they were, he admitted, especially distinguished, for it forms them into a species of privileged order. Notwithstanding this, however, all the sanctity that art could raise around them could never swell them into a comparison, as to authority, with the other branches of the Government. The nature of their functions determines their importance. It is impossible for so few men, however learned, virtuous, and capable, who are doomed to sit in obscurity, to distribute justice and administer law, who are seen by few, and whose affected importance is felt by still fewer, to hold rank with the Congress and with the President. Mr. R. inferred the feature of the Constitution he was objecting to had been derived from that country whence we had sprang; which country, by a measurable application of the rules of common sense, had realized many truths in the judicial science. They had however been extorted from the abominable heresy that the King is the fountain of honor, justice, and power. At first the written laws were obtained from him by supplication and prayer. He was held to be the sole dispenser of justice, but, as he had not the attribute of ubiquity, it became necessary to adjudicate by deputy. These deputies or judges, being emanations of royal authority, shared its sanctity and partook of its inviolability. It was certainly a great point to dissolve the dependence of the judge on the King; and hence the value of the judge's independence, as it is understood in England. Setting out from a wrong point, it is not easy to arrive at a right one. The English tenure of judicial office becomes a horrible deformity in a free constitution, like ours. Those who preside over the administration of distributive justice ought everywhere to be independent of every sort of influence from the other branches ef the Government, except the fear of punishment for wrong doing. MisIt had been urged strongly, on a former day, conduct in a judge ought to be punished as certhat, to refund a fine inflicted by a decision of a tainly as in any other person. The only cure for court, would attach_reproach to the sanctity of evils incident to such a state of things is to apply such a decision. Having on many occasions to it the corrective principles applied to the other since he had a seat in the Senate, Mr. R. said, branches of Government-a periodical limitation discovered an overweening disposition in some of office. In these free strictures, he wished to gentlemen to sanctify the Judicial branch of the be understood as neither wanting veneration for Government-a spirit from whence he deemed the Constitution nor respect for the Judiciary. arose the erroneous principle of a tenure in office The Constitution had been amended in the artiof good behaviour-he was led to advert to the cles touching the administration of justice alreanature of the judge's office. It is a common dy. These amendments were of vital importance. phrase to call the Judiciary a co-ordinate branch While it proves that originally it was imperfect, of the Government: the metaphor is too strong. it justifies the conclusion that its imperfections Surely, gentlemen will not soberly contend it is are not all cured. Every day adds new proofs of equal authority with the Legislative or Exec- that the judge's tenure of office is most egregiutive branches, by whom it is quickened into life, ously erroneous. The Constitution of the Unigoverned, supported, and preserved. The notion ted States was only designed to make them a of equality will not bear the touch of inquiry. community for specific general purposes, leaving It was, he granted, an important and indepen- to the States every attribute of local sovereignty dent branch of the Government, constitutionally, not expressly delegated to the General Govern ment. |