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SENATE.]
Judiciary System.

(JASTARY, 1802. whether a law was not previously necessary be- / good behavior, could a doubt have existed a fore the Supreme Court could be organized the interpretation of this act, under all ite atThey reply, that the constitution says, there tending circumstances, that the judges of the in shall be a Supreme Court, and therefore the ferior courts were intended as well as those of Congress are commanded to organize it, while the Supreme Court? But did the framers of the rest is left to their discretion. This, sir, is the constitution stop here? Is there then sonot the fact. The constitution says, the judicial thing more? Did they risk on these grammatipower shall be vested in one Supreme Court, cal niceties the fate of America ? Did ther rest and in inferior courts. The Legislature can here the most important branch of our Goverttherefore only organize one Supreme Court, but ment? Little important, indeed, as to foreia they may establish as many inferior courts as danger; but infinitely valuable to our domestie they shall think proper. The designation made peace, and to personal protection against the of them by the constitution is, such inferior oppression of our rulers. No; lest a doubt courts as the Congress may from time to time should be raised, they have carefully connected ordain and establish. But why, say gentlemen, the judges of both courts in the same sentence; fix precisely one Supreme Court, and leave the they have said, "the judges both of the supreme rest to Legislative discretion? The answer is and inferior courts," thus coupling them insene simple : it results from the nature of things arably together. You may cut the bands, but from the existent and probable state of our you can never untie them. With salutary camcountry. There was no difficulty in deciding tion they devised this clause to arrest the overthat one and only one Supreme Court would be bearing temper which they knew belonged to proper or necessary, to which should lie appeals Legislative bodies. They do not say the judges, from inferior tribunals. Not so as to these. I simply, but the judges of the supreme and inTho United States were advancing in rapid pro- ferior courts shall hold their offices during good gression. Their population of three millions was behavior. They say, therefore, to the Legislasoon to become five, then ten, afterwards ture, you may judge of the propriety, the utiltwenty millions. This was well known, as far ty, the necessity, of organizing these courte: as the future can become an object of human but when established, you have done Four comprehension. In this increase of numbers, duty. Anticipating the course of passion in with a still greater increase of wealth, with the future times, they say to the Legislature, rea extension of our commerce and the progress of shall not disgrace yourselves by exhibiting the the arts, it was evident that although a great indecent spectacle of judges established by we many tribunals would become necessary, it was Legislature removed by another. We will sere impossible to determine either on the precise you also from yourselves. We say these judges number or the most convenient form. The con- shall hold their offices; and surely, sir, to pre vention did not pretend to this prescience; tend that they can hold their office after the but had they possessed it, would it have been office is destroyed, is contemptible. proper to have established, then, all the tribu- The framers of this constitution had seen nals necessary for all future times? Would it much, read much, and deeply reflected. Tber have been wise to have planted courts among knew by experience the violence of popnlar the Chickasaws, the Choctaws, the Cherokees bodies, and let it be remembered, that since that the Tuscaroras, and God knows how many day many of the States, taught by experience, more, because at some future day the regions have found it necessary to change their forms over which they roam might be cultivated by of government to avoid the effects of that viopolished men! Was it not proper, wise and lence. The convention contemplated the very necessary, to leave in the discretion of Congress act you now attempt. They knew also the the number and the kind of courts which they jealousy and the power of the States; and they might find it proper to establish for the purpose established for your and for their protectios designated by the constitution? This simple this most important department. I beg gentle statement of facts-facts of public notoriety-is men to hear and remember what I say: it is alone a sufficient comment on, and explanation of this department alone, and it is the indepenthe word on which gentlemen have so much re- dence of this department, which can save yoa lied. The convention in framing, the people in from civil war. Yes, sir, adopt the language of adopting, this compact say the judicial power gentlemen, say with them, by the act to which shall extend to many cases, the original cogni- you are urged, “ if we cannot remove the judg. zance whereof shall be by the inferior courts; es we can destroy them.” Establish thus the but it is neither necessary, nor even possible dependence of the Judiciary Department, who now to determine their number or their form; | will resort to them for protection against yon? that essential power, therefore, shall vest in such | Who will confide in, who will be bound by inferior courts as the Congress may from time their decrees? Are we then to resort to the to time, in the progression of time, and accord- ultimate reason of kings? Are our argunents ing to the indication of circumstances, establish; to fly from the mouths of our cannon? not provide, or determine, but establish. Not Is there a member of this House, who can a mere temporary provision, but an establish- lay his hand on his heart, and say that, consistment. If, after this, it had said in general ently with the plain words of our constitution, terms, that judges should hold their offices during we have a right to repeal this law? I believe

APRIL, 1802.1
Proceedings.

[SENATE. not. And if we undertake to construe this con- a shield before it, I would build around it a wall stitution to our purposes, and say that public of brass. But I am too weak to defend the ramopinion is to be our judge, there is an end to all part against the host of assailants. I must call constitutions. To what will not this dangerous to my assistance their good sense, their patriotdoctrine lead ? Should it to-day be the popular ism and their virtue. Do not, gentlemen, suffer wish to destroy the First Magistrate, you can the rage of passion to drive reason from her seat. destroy him; and should he to-morrow be able If this law be indeed bad, let us join to remedy to conciliate to him the popular will, and lead the defects. Has it been passed in a manner them to wish for your destruction, it is easily which wounded your pride, or aroused your reeffected. Adopt this principle and the whim sentment? Have, I conjure you, the magnaof the moment will not only be the law, but the nimity to pardon that offence. I entreat, I imconstitution of our country.

plore you to sacrifice those angry passions to the The gentleman from Virginia has mentioned interests of our country. Pour out this pride 1 great nation brought to the feet of one of her of opinion on the altar of patriotism. Let it be servants. But why is she in that situation Is an expiatory libation for the weal of America. it not because popular opinion was called on to Do not, for God's sake, do not suffer that pride lecide every thing, until those who wore bayo-to plunge us all into the abyss of ruin. Indeed, nets decided for all the rest ? Our situation is indeed, it will be but of little, very little avail, peculiar. At present our national compact can whether one opinion or the other be right or prevent a State from acting hostilely towards wrong; it will heal no wounds, it will pay no he general interest. But let this compact be debts, it will rebuild no ravaged towns. Do lestroyed, and each State becomes instanta- not rely on that popular will, which has brought neously vested with absolute sovereignty. Is us frail beings into political existence. That there no instance of a similar situation to be opinion is but a changeable thing. It will soon found in history? Look at the States of Greece. change. This very measure will change it. They were once in a condition not unlike to that You will be deceived. Do not, I beseech you, n which we should then stand. They treated in reliance on a foundation so frail, commit the he recommendations of their Amphictyonic dignity, the harmony, the existence of our nation Council (which was more a meeting of Ambas- to the wild wind. Trust not your treasure to adors than a Legislative assembly) as we did the the waves. Throw not your compass and your resolutions of the old Congress. Are we wise ? charts into the ocean. Do not believe that its so they were. Are we valiant? They also billows will waft you into port. Indeed, inwere brave. Have we one common language, deed, you will be deceived. Cast not away ind are we united under one head? In this, this only anchor of our safety. I have seen its lso, there was a strong resemblance. But, by progress. I know the difficulties through which heir divisions, they became at first victims to it was obtained. I stand in the presence of Alhe ambition of Philip, and were at length swal- mighty God, and of the world : and I declare to owed up in the Roman empire. Are we to you, that if you lose this charter, never, no, orm an exception to the general principles of never will you get another! We are now, perlature, and to all the examples of history ? haps, arrived at the parting point. Here, even Ind are the maxims of experience to become here, we stand on the brink of fate. Pausealse, when applied to our fate?

pause! For Heaven's sake, pause! Some, indeed, flatter themselves that our desiny will be like that of Rome. Such, indeed,

WEDNESDAY, February 3. t might be, if we had the same wise but vile The question was then taken on the final pasristocracy, under whose guidance they became sage of the bill and determined in the affirmahe masters of the world. But we have not tive-yeas 16, nays 15, as follows: hat strong aristocratic arm, which can seize a YEA8.—Messrs. Anderson, Baldwin, Bradley, vretched citizen, scourged almost to death by a Breckenridge, Brown, Cocke, Ellery, T. Foster, emorseless creditor, turn him into the ranks, Franklin, Jackson, Logan, s. T. Mason, Nicholas, und bid him, as a soldier bear our eagle in tri- Stone, Sumter, and Wright imph round the globe! I hope to God we NAYS.—Messrs. Chipman, Colhoun, Dayton, D. hall never have such an abominable institution. Foster, Hillhouse, Howard, J. Mason, Morris, Ogden, But what, I ask, will be the situation of these Olcott, Ross, Sheafe, Tracy, Wells, and White.* States (organized as they now are) if, by the dis- So it was Resolved, That this bill pass, that it be olution of our national compact, they be left to engrossed, and that the title thereof be" An act hemselves? What is the probable result? We to repeal certain acts respecting the organization hall either be the victims of foreign intrigue, of the courts of the United States, and for other ind split into factions, fall under the domina- purposes." ion of a foreign power, or else, after the misery

SATURDAY, April 17. nd torment of civil war, become the subjects of usurping military despot. What but this com

The Vice PRESIDENT being absent, the Senate act--what but this specific part of it. can save proceeded to the election of a President pro is from ruin? The judicial power, that fortress * It was a party vote, and a close one, some changes of of the constitution, is now to be overturned. members having changed the majority since the last session Yes, with honest Ajas, I would not only throwl-then a bare majority on the Federal side.

SENATE ]
State Government for Ohio.

[APRIL, 1812 tempore, as the constitution so provides ; and Articles of agreement and cession have accordings the honorable ABRAHAM BALDWIN was chosen. been entered into and signed by the said Conti

Ordered, That the Secretary notify the House sioners of the United States and of Georgia, which of Representatives of this election,

as they leave a right to Congress to act upon them On motion, it was

legislatively, at any time within six months after Ordered, That the Secretary wait on the

their date, I have thought it my duty immediately PRESIDENT OF THE UNITED STATES, and acquaint

to communicate to the Legislature.

TH, JEFFERSON. him that the Senate have, in the absence of the

APRIL 26, 1802.
VICE PRESIDENT, elected the honorable ABRA-
HAM Baldwin their President pro tempore.

The Message and documents therein referred

to were read, and ordered to be printed for the Monday, April 26.

use of the Senate. Relief to Widors and Orphans of Naval and Marine Officers.

TUESDAY, April 27. The Senate resumed the third reading of the

State Government for Ohio. bill, entitled “An act for the relief of the wid

n act for the relief of the wid-/ The Senate resumed the second reading of the ows and orphans of certain persons who have bill to enable the people of the Eastern division died, or may hereafter die, in the naval service of the territory north-west of the river Ohio to of the United States."

form a constitution and State government. On motion to strike out the second section of On motion, section sixth, to strike out the the bill, to wit:

following words, reported by the committee to "SEC. 2. And be it further enacted, That if any

| be struck out, and which report was amended, commissioned or warrant officer of the Navy, or com- / as follows: missioned officer of Marines, have died, or shall here- “Provided, That the convention of the said State after die, by reason of wounds received while in the shall, on its part, assent that each and every tract actual service of the United States, or have been lost of land sold by Congress, from and after the 30th at sea, or drowned, or shall hereafter be lost at sea, day of June next, shall be and remain exempt from or drowned, while in the service as aforesaid, and in any tax laid by order or under authority of the State, the actual line of his duty, and shall leave a widow, | whether for State, county, township, or any other or if not, leave a child or children, under age, such purpose whatever, for the term of five years from and widow, or such child, or children, as the case may be, after the day of sale :" shall be entitled to, and receive, the half of the

It passed in the negative-yeas 12, nays 14, monthly pay to which the deceased was entitled at

as follows: the time of his death, and for and during the term of five years. And in case of the death or intermarriage

Yeas.-Messrs. Bradley, Brown, Dayton, Dwight, of such widow, before the expiration of the said term Foster, Howard, J. Mason, Morris, Ogden, Oloott. of five years, the half pay for the residue of the term Tracy, Wells, and White. shall go to the child or children of such deceased officer NAYS.-Messrs. Anderson, Baldwin, Breckenrides under the age of sixteen years; and, in like manner,

| Clinton, Ellery, T. Foster, Franklin, Jackson, Logar, the allowance to the child or children of such deceased, S. T. Mason, Nicholas, Stone, Sumter, and Wright. in case there be no widow, shall be paid no longer On motion to strike out the words reportal than during the time there is a child or children by the committee to be struck out of section under the age of sixteen years."

sixth, and amended as follows: It passed in the affirmative-yeas 16, nays 8, " Third. That one-twentieth part of the net proas follows:

ceeds of the lands lying within the said State, soll Yeas.—Messrs. Anderson, Baldwin, Bradley, | by Congress, from and after the thirtieth day of June Brown, Clinton, Cocke, Dayton, T. Foster, Franklin, | next, after deducting all expenses incident to the Jackson, S. T. Mason, Ogden, Olcott, Stone, Sum same, shall be applied to the laying out and making ter, and Wright.

public roads, leading from the navigable waters Nays.-Messrs. Ellery, Dwight Foster, Howard, J. emptying into the Atlantic to the Ohio, or to the Mason, Morris, Nicholas, Wells, and White. navigable waters thereof, and continued through the

said State: such roads to be laid out under the Georgia Limits.

authority of Congress with the consent of the several The following Message was received from the States through which the road shall pass :* PRESIDENT OF THE UNITED STATES :

It passed in the negative-yeas 12, nays 14, Gentlemen of the Senate, and

as follows: of the House of Representatives :

YEAS.--Messrs. Bradley, Brown, Dayton, Dwight In pursuance of the act, entitled “ An act supple- | Foster, Howard, J. Mason, Morris, Ogden, Oleott, mental to the act, entitled ' An act for an amicable Tracy. Wells, and White. settlement of limits with the State of Georgia, and| NAYA_Messrs Anderson. Baldwin Breckenr authorizing the establishment of a government in the Clinton. Ellery, T. Foster. Franklin. Jackson. Logan Mississippi Territory,'” James Madison, Secretary of S. T. Mason, Nicholas, Stone, Sumter, and Wright State, Albert Gallatin, Secretary of the Treasury, and Levi Lincoln, Attorney General of the United States,

On motion to strike out these words, reported were appointed Commissioners, to settle by compro

| by the committee to be struck out of the sixth mise, with the Commissioners appointed by the State section: of Georgia, the claims and cession to which the said “ Second. That the six miles reservation, including act has relation.

| the salt springs, commonly called the Scioto Salt

APRIL, 1802.)
Proceedings.

(SENATE. Springs, the salt springs near the Muskingum River, 5. That no authority has been given by law, or and in the military tract, with the sections of land otherwise, that can be found by your committee, which include the same, shall be granted to the said whereby the said contract can be carried into execuState, for the use of the people thereof, the same to tion on behalf of the United States, upon the paybe used under such terms, and conditions, and regu- ment of the sums further stipulated to be paid by lations, as the Legislature of the said State shall the petitioner, agreeably to his contract, whereby he direct, provided the said Legislature shall never sell is entitled to a patent, upon payment of such stipunor lease the same for a longer period than ten lated sums; which payments the petitioner avers he years : "

always has been, and still is, ready to pay and perIt passed in the negative-yeas 8, nays 18, as

form, as thereunto required by his contract. follows:

6. That your committee, from the papers and

documents laid before them by the petitioner, or YEAS.—Messrs. Brown, Dwight Foster, Howard, J.

from the statement which he has made, do not perMason, Morris, Ogden, Olcott, and Tracy.

ceive that the petitioner has done any one act, or NAYS.-Messrs. Anderson, Baldwin, Bradley, 1 omitted to do any act whereby he has forfeited any Breckenridge, Clinton, Dayton, Ellery, T. Foster, I richt

| right to the full benefit of his contract before stated. Franklin, Jackson, Logan, S. T. Mason, Nicholas,

7. That no authority exists, by law, enabling any Stone, Sumter, Wells, White, and Wright.

person to carry into execution the said contract on And the bill being further amended, it was behalf of the United States; but, on the contrary, ordered to the third reading as amended. that two laws have been passed predicated upon the

idea that the obligations of the United States, under

the said contract, have ceased and determined ; THURSDAY, April 29.

under the operation of which laws the said petitioner Mr. S. T. MASON presented the petition of states, and your committee believe, that the said peDavid Brown, of Massachusetts, praying com- titioner is suffering very great hardships, tending to the pensation for his sufferings while imprisoned utter destruction and total waste of his whole property. under sentence of the judicial court, for sedi- 8. Your committee, the premises considered, beg tions practices; and the petition was read, and leave to recommend the adoption of the resolution ordered to lie on the table.

accompanying this report:

Resolved, That the President of the United States Friday, April 30.

be requested to direct the Attorney General to ex

amine into the contract entered into between the Mr. TRACY, from the committee to whom

United States and John Cleves Symmes, Esq., and was referred, on the 29th instant, the bill to others, bearing date on the 15th of October, 1788, carry into effect a resolution of Congress for and all the contracts and laws relative thereto; and erecting a monument to the memory of the late all the transactions which may legally or equitably General David Wooster, reported amendments; affect the same, as far as they may come to his which were read, and ordered to lie for con knowledge ; and to make a report of the same to sideration.

the Senate at their next session, together with his

opinion whether the said John Cleves Symmes has Case of John Clevès Symmes and his land pur | any claims, and what, upon the United States, in chase in Ohio.

virtue of the said contract, or any other contract, or The Senate resumed the consideration of the law predicated upon the same: and that the further report of the committee on the petition of John consideration of the petition of said John Cleves Cleves Symmes, which was adopted, as follows: Symmes, Esq., of

Symmes, Esq., of and concerning the premises, be

postponed to the first day of the next session of Con1. That, in the year 1788, the petitioner entered

gress. into a contract with the United States, upon a fair

And the report was adopted. consideration, for the purchase of one million of acres

Ordered, That the Secretary lay this resoluof land in the North-western Territory. 2. That, in consequence of such contract, the pe

tion before the PRESIDENT OF THE UNITED STATES. titioner made a settlement upon the tract, and sold

The resolution of the House of Representamany parcels thereof to adventurers, who went to tives, authorizing the President of the Senate gether with him into that new country, and located

and the Speaker of the House of Representathemselves there.

tives to adjourn their respective Houses on 3. That, in the year 1794, the petitioner obtained Saturday the first day of May, was read, a patent, under the authority of a law which enabled The bill, entitled “ An act making appropriathe President of the United States to make the tions for the Military Establishment of the same, for such proportion of the one million of acres, United States in the year one thousand eight which had at that time been paid for, pursuant to the | hundred and two," was read the third time and said contract, amounting to 311,682 acres of the said

passed. million of acres of land.

The bill, entitled “An act making appropria4. That the petitioner, after the said in part fulfilment of the contract on the side of both the parties

tions for the support of Government for the to the same, proceeded to make sales (as he before

year one thousand eight hundred and two," had done in respect to the lands for which he had

was read the third time. lately received the patent, as above mentioned) in the

Resolved, That this bill do pass as amended. residue of the one million of acres, expecting to

The bill making an appropriation for the supmake the title when he should receive his patent port of the Navy of the United States, for the thereof, agreeably to his contract, as he had before year one thousand eight hundred and two, was practised.

| read the third time as amended.

SINATE.]
Adjournment.

[Mar, 180 On motion to strike out the third section, Columbia; " reported amendments which were agreed to yesterday, it passed in the affirmative read, and ordered to lie for consideration. -yeas 12, nays 11, as follows: YEAS.—Messrs. Bradley, Brown, Dwight Foster,

MONDAY EVENING, 75 o'clock, May 3. Howard, Morris, Nicholas, Ogden, Olcott, Tracy, Wells, White, and Wright.

Adjournment. Nays.—Messrs. Anderson, Baldwin, Breckenridge, A message from the House of Represents. Clinton, Cocke, Ellery, Franklin, Logan, S. T. Mason, tives informed the Senate that the House have Stone, and Sumter.

appointed a committee on their part, with sub Resoloed, That this bill do pass with the as the Senate may appoint, to wait on the amendments.

PRESIDENT OF THE UNITED STATES, and notif The bill, entitled “ An act to provide for the him that, unless he hath any further commun establishment of certain districts, and therein cations to make to the two Houses of Congres, to amend an act, entitled ' An act to regulate they are ready to adjourn, and they desire the the collection of duties on imports and tonnage, appointment of a committee on the part of the and for other purposes,'" was read the third Senate. time, and passed with an amendment.

The Senate took into consideration the resoMr. BRADLEY, from the committee to whom lution of the House of Representatives appointwas referred, on the 6th and 7th instant, the ing a committee, jointly, with such as the Senpetition of Elijah Brainard, also the petition of ate may appoint, to wait on the PRESIDENT OF Jonathan Snowden, reported that the considera- | THE UNITED STATES and notify him of the protion of said petitions be severally postponed to posed adjournment of the two Houses of Conthe next session of Congress, and that the com- gress; and mittee to whom the same were referred be dis- Resolved, That they do concur therein, and charged, and the report was adopted.

that Messrs. ELLERY and CLINTON be the com Mr. S. T. Mason, from the committee to mittee on the part of the Senate. whom was referred, on the 29th instant, the Mr. ELLERY, from the joint committee, Tebill to incorporate the inhabitants of the 'City ported that they had waited on the PRESIDENT of Washington in the District of Columbia, re- | OF THE UNITED STATES, agreeably to the voted ported amendments; which were read, and the two Houses, and that he informed them be ordered to lie for consideration.

had no further business to communicate. On motion, it was

Ordered, That the Secretary notify to the Ordered, That the bill for the better security House of Representatives that the Senate, har of public money and property in the hands of | ing completed the business of the session, ara public officers and agents, as amended by the ready to adjourn. House of Representatives, be postponed to the A message from the House of Representsnext session of Congress.

tives informed the Senate that the House of Mr. S. T. Mason, from the committee to Representatives having completed the business whom was referred, on the 29th instant, the before them are about to adjourn. bill additional to, and amendatory of, an' act, Whereupon, the Senate adjourned to the first entitled “ An act concerning the District of Monday in December next.

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