Public Leger, Volume 3, Number 111, Richmond, Wayne County, 10 June 1826 — Page 1

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''FRIENDLY TO THE BEST 1'URSUITS OF MAN, FRIENDLY TO THOUGHT, TO FREEDOM, AND TO PEACE." CotVpeT.

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RICHMOND, WAYNE COUNTY, INDIANA, SATURDAY, JUNE 10, 1826.

VOLUME .

JTFD AND PUBLISHED KVKKY SATURD.W 15V i 1H XTON & WALLING. y,. - ,Occ. opposite i'aughaifs Ilottl. r tuk trk:f: of this pvi'f.r pti;:..r -ai 1 dt Cent? for tifty two numt , K e.u.l i ft advruice ; Two Dollars if paid tr U tl e;ir' or Tu Dllar and fifty C't fit ' u '. b kto tin.- expiration of the unr: 11 h iti uivaiu c 1 1 itic to ti c mutual interest

i su t .d;en for les- than ix iiiOiith, ami ii:coiitinu'i until all arrearages are

in ni thest-utt u?t ni il ai u;ij).p vc'd nni.cs Jvintut k and Ohio form a Circuit, and

if'"

ratify n honth unnre at tl e exjirat.:i. ilwriled ior, vwll be consider

; .M.-i-.'u-nt.

f ' i ,.. f.) f v r.ji r 1 r s vim it have the postage f TFT. MS OK ADVERTISING. le, f.:r .:.:. e rtions Oho Dolr o vr. tir.u nice twenty -five cents. TfrVutrt-.-rruent-- in the Mine proportion. II M2TSENTH CONGRESS. first si s ion.

i of proceeding, which hay e been cstablish-

! ed for the purpose of bringing the Houses 'to a concurrence incases of disagreeing j vote. ) And the Committee think thnt there arc substantial objections to the amendments proposed by the Semite; and in order to present the question fully to t tie House,

ithev derm it necessary to state, shortly, 'what the original bill was, and what are j the amendments proposed. ! The original bill, as it passed this House, 'consisted of three sections I Bv tlie fi it was declared, that three i additional Associate Justices of the Su1 preme Court should bo appointed, tu'th like poicers and duties as the othtr ,htociutc 1 Justices f the Court,

The second section provided, that trie

Indiana. Illirtoisand Missouri a Circuit.

S The Committee cannot but regard this ; change as very important and material.

nought not, in their judgement, to be re1 garded as a mere matter of detail, because

it bears directly and strongly on the lead-

! ing and essential objects of the whole bill, j The great reason urged in the House for ! the parage of the bill, was the accumula-

i tion of Circuit business in the western ! states. To the removal of this evil, therej fore, the main provisions of the bill were, ; as they ought to have been, directly aimed. Accordingly, in arranging the Districts mI to Circuits,"it was an object to place the ! larger states in different Circuits, so that ! no one Circuit should be overloaded with business. In executing this purpose, and

: for no other purpose, Kentucky and Ohio,

Jl

l0l-T OF R E I K ES L N T A T I V LS. I a pkil iiih, ir:o. Wt :-ter. fr.-.m the Ci-mmittee on idJt, im .made the following report : t i i tiit- Judiciary, to w hum itu rrcd tite ni'-age iK m tlu SenV f...,-hr.;t.g the conference which h s

.!,t ll. ! the 11 u-e on the suh- , e JiVigie ;: ! vi.-tes of the two .. .. c.'i amuiidmt'iit proposed b

t:,c itv lu the bill to amend the ju-

'tJ.. . il stom ..f the United States have ht! t.r Mint: under consideration, and r v ,' . . . ' L':n:iittcc cannot but tl.it.k it mat- ) iiicei r. rct, that a me.isuie, acic .v',. Lt ! U .'"' of Hi eat public unpory j lt l(t U ;iv di-aL't' c iiief't

tv . Ii...:t6 on its paitualar p;o-

t:a ):. . i

V in ,:, . ' t -i i: i.-n betw een itelt at

e 1 ! circtim"tatices ot the castj r r.- a brit t t.arration of the pr-X-e! trie S:!!. a: of the amendment, 'jd i h:r:i'.".v ! t!." points of ditleretice -z a to. cel. ihc two ll i:-f :. ILuv p'l-ed the hill on the 2'th J :;:d .try, ! . i.t it to the S.-natr. ( )n f i:.'.h of Aj :il, it nr.- it i formed that the I t 'r : : . . it with an amendment. 1.: II on the 2hth d iy of April, di-Jr.- ; ! i'.riA raiment ; arid on the )i: i h l M r . the .Senate d-li" r l to it1

Ir. ;-:.t...-,.

seventh Judicial Circuit should hereafter ' much the largest states, and having much consist of the Di-ti icts of O do, Indiana, , the greatest accumulation of causes, were

nt,.t Illinois - that Ktoturkv and Mi?s u ri is thrown into different Circuits.

ilirMiU Lrm.-iii eiohth Circ uit: Teunt.sec i If did not occur to anv single individual

ir.d Al.h.nn.ia mr tli: and Louisiana and I of this committee, in nreparing the bill,

Mi'sippi a tenth; and the same section i that these tw states ought to be united, then proceeded to declare, that the J udgc -j (r could properly be united in the same

now al iMietJ to tne sevcnin circuu, nu i vircuit; nor uiu an inrinot i ui uu

composed of Kentucky, Tenne. ee, and j Ohio.) should, ur.til the next It nn of the i Supreme Court, and until a new allotment ; hould he made, be assigned to the eighth

circuit, (to be composed of Kentucky and

make any suggestion to that eflect, during

the lorn time that the bill was under dis

cussion here. It is a fact that cannot, as the committee believe, be deputed, that - . - . ft S v

the two state: ol Kentucky and Uiuo con-

, 1 I , .., V w , Missouri.) and that the three new Justices', tain more than a majority of the people ol sbould be nsitu-d. by the V esident, to : the western states, and much more than . .. . x e . 1 T

, t:.e stcem it ju.t ground ot

:t the H"j-e o: this oa a I . : ; to ..I'l l) it. f t evei

:,u h pr;;a ipb- or u-uag.- Svircr !-. r-i : " abo'i t an uitunate

1 1 . f t- f ! f .rd t : i r . d

the sevcnlli. ninth, and tenth Cir uits, until the next term of the supreme Court, and

n hen it w as made the dut of the Judges to allot themst lv to the several Ciicuits, ai:d ruake record thereof according to law, as in other cases. The third section repealed all sue!) laws a vested Circuit Court Rowers in the m - rol Ditrn t urts. ai.d enacte-d thai theCiiruit Court, in such Districts, should be holden bv the justice of the Supreme Court allotted to the l ucuir. ;:r:d the District Jmlge ofthe District, at the times and places .,,w- . -tabhshed by law ter District Courts therein. i-xerfiing the jurisdiction .t'!li-tr ;. i n.pitt Thi' ( h rninittt c l.eed

h iir.a -Jl tlio Midiri.-il business in the U.

States courts of these states. Ry the provisions of the bill there art; to be (V.ur yyeslern circuits-, ;md yet if the Senate's amendment be adopted, this single circuit will comprehend more people, and more husintss. than all the three others, if put tjuether. Kentucky and Ohio are represented on the door of this House by twen-tv-six repre?ridalives, and it is stated to the committee, that there are twelve bun,!id suit biougbt in the circuit courts, in these Mate, a y ear. In the. scen other western statesincludit.g Tennessee, there are but twenty-one representatives, and

there are stated to be eight hundred anu

h.,rdlv remind the House, that the Judges hfu suits brought in a y ear. Nine oi these .- ri' ......... I

I.

v, a hav ii aked any . the Mil jef t. Or, the Zlh d . ' , iist i! arked a Colder ei:( i tt'-. rj the Mi!)jc ct of the dit : 1 this c(s.fei ence the r.v derhned. It cannot be

;t :h - S'-i atr has a right t'

ii C(.T.ferer;rt' ; but the committee

t

.:e,; ;,j,v (h ar, that stic.h is not the L .! t- d ,,r hr rv mo le of procer-ding, in th r :.,' -!.' I; !e-d the ( omnutt' e ' b- -.r:r. th -it any u -tatuc has before X :; i ha h.-U.rv ef the government. jvh.' ii ccr.f'. ier.( e, reoiiesti d by one ' ' " - S ui det lined bv th(! other. :-i .. . th( in, to be the first f"":i'ir- f-' ii rej;s-t; a tal although the

tt-:v v.oui i i. r t r commend that the t t s.h i 1 , i he postpone fl to any r: cl matter - ot former ceremony i:'''-'v,.:;ne of the two Houses ot

I' l"; c- . tia y do not think that the 'l l:ee cnfi rrnce, on occasions ot ; ! . f r other proper occasions, is 1 '' rn.. They it card such

.a't!.-. Si twetm ( ' .or t :nr anoeiited and

i mvnissioned ;is Juvl i s d that ( ouitoidy, and leivr no olh(-r appointment or commi?sion whatever. The m w appointed Jud-jev are ol course, by the first se tion ot the bill, to possess thi ;.V- p'.vrrs ctul dutits th r:i!-..er: that is, they are to be 1 appointed J ut . ( 3 of the Suj icmc CoUi t ! and nothing m re. The Hoa.- ab needs not to be informthat by the act of April, lh02, it was provided, that on ev ry appoiidmclit of a Judge of the Supreme Court, the Judges should allot tlu mselves among the j Circuit, as they should see tit, and enter ; s'lfh allotment on record; and on the appointment of a Judge, the President was

iuthoriz-d to make the allotments, wnicn

representatives arc from 1 ennessee, anu

five hundred ofthe suits are in the circuit court in that state. From Indiana, Illinois land Mi-ouri, there are but live represen j tatives, and at the utmost, not more than one hundred and sixty suits brought in a j vear. Now, when it is remembered that tlie m in argument for passing the bill, and for c reating so great a number of new Judges

as three, wa, tnai no less inline i h suffic ient, in order to a proper discharge of the circuit business of the westcrn states, it seems extremely difficult to admit the propriety of an amendment J which throw s more "than half of that business on a single J udge. The committee.

indeed, are constrained to sav, that if it be

should be binding until the next sc-sion of j; true that the circuit business ot Kentucky

i5: it..

the Court, or until the- Court should make

; a neyv allotment. These picivi.-ions apply to tlie Court and to all y acancies occu rring, a it w.i- constituted by that act. The present bill, as it passed this House, applied the same proyisioiis to the Judges about to he appointed a Justices ol the Supreme Court : the y yv re to be allotted ! by the Rresidrnt until the meeting of the Court, when a new allotment was to be ' 'made and recorded. All this, the Committee truM, is plain and intelligible, and it is according to the Constitution and "'.timlim' law-. Tlie amendment ofthe

... il.-

and Ohio can be properlv discharged

ione Judge, there is, in their judgement, I no ground on which so large an increase ! of the number of Judges as the bill proposes can be justified. If such grounds do ; exist, the committee cannot but regret that Ithey have not been made known, or ex- ! plained to the House. I The remainder ofthe report is less particularly interesting to the western readier, bring some arguments against that part of the amendment which provides that the new Judges appointed shall reside in their respective Circuits. Our readers are a-

! ware that the amendment was aisagrceu

? .

I ' :'' lib.:, a; pi ..ved mode conducting l( :- i .i ii. ..ire ,,f two Houses:

r oc i:r.jjr.,., ,j itfl i, IIC f that it

1 o o, v no nt and uidoi scen ' 'h r to depart fioin the 'o if cr, or to abridge it, or to

; oe l ;;, f . . I, , U 1 ... r. I -,,, re

i ' ; hr i r , h r, M!rted tr.

i" -' -t . - -till in the poweroftheHouse -1 ' ti! v' ariieiehnents of the Senate, ' a:.!,:tt e are of opinion, that ' ' v'osaij(.4j oh jec tions tt. those a-

- i Ul.l ' . i . I I ' i .

1 ' o i iKiiije ought rot to asse nt o. :n rr:.-r.jv ,, , the other House V '" ;i1' " d to it amendments, ' ' ' hg a - La d t he IJsieil f iu.ii rfi e

f, dt . lmed the conference, when lM 1 th- Ib.tiv.. . f l? . ,

V ' ,( and c annot he, the elle. t

h e,iir to j,iarc the reioitM--.rrg lC measure on the House. . ': ''h.idy . iu the opinicjti of t!e ' ' -''' e. , njv attache s itsell -f t.iCiu i,a c a dtpaitui'j

..c f..ll,,,v

-Strike cut the sec ond section, and, in I to, and the bill indefinitely postponed.

lieu thereof, insert the following

Th:,t the seventh Judic ial Ciicuit of

MR. TESTS STEECH.

the United Slates shall hereafter consist of j . tu ;impn,l,nC.it of Mr. Mi Lane, of

a... iiari.ic.i'liin and Kentucky ; and u ... . . ,. . ,

llir ieur

that the Districts ot Indiana, Illinois and Missouri, shall form the eighth Circuit; the Districts of Tennessee and Alabama, Shall frm tne ninth Circuit; and the Districts of Mississippi and Louisiana, shall ' form the tenth Circuit: and the Justice ot ; the Supreme Court, appointed for each ot sud seventh, eighth, ninth and tenth Ciri nits shall reside therein." This amendment coii'Ms of two distinct ;' part-, and it is necessary to state themsep arat ly . :i . .... v....tnr niL' rr.-iiHTetnent of

f 1 IM' liel III" - nin." i

ti.... iy;-ir!( t into ( ire uits: the in

H

len

D1. prescribing certain limitations to

the expression of their opinion in favor of th; mission to Panama, was under consideration, Mr. Test addressed the

ouse in a speech of considerable

th. We give the following exract:

j "I have said the amendment to the resWdutionwas wrong in principle; and altho' j not calb d upon by the nature ofthe case j to prove ;i negative, yet, sir, it is so obvijous, that I shall take upon my self to do so. ! And. indeed. I need hardly say more than

Hem ui i ' ' . - , . ... i t that it is unprecedente d, that a propositer ni t . ... ....,.a

collisions. I undertake to say , such an one cannot be found in parliamentary annals. What is it in principle and character? It

is an attempt to comroi uic tuusmuuwiiai operations, and castobliquy upon the gov

ernment. What is it in terms f oir, it

tells the two co-ordinate branches of this Government, 'you shall not exercise your constitutional functions, unless you do so according to our dic tation;' it tells them, in terms, 'you shall not send representatives to the Congress at Panama, unless you send them in a particular character, such as we shall deirrnat- ' It tells them.

iu substance, 'true it is, we know that you, tike ourselves, have your duties to perform, and that, too, under the same solemn sanctions of an appeal to heaven; hut we dis

trust you; wo. have no confidence in you; we are fearful you will perjure yourselves and betray the people.' ''Sir, I am not prepared to sanction such a doctrine, but, on the contrary, I am

Iprepared to stamp upon it my most sob mn veto. I say, sir, should the resolution, j with the proposed amendment, pass, you strike a fatal blow at the political institutions ofthe country, which no subsequent 'proceedings can rectify, and which length I of time can never heal. No one, I believe, ever disputed the right of this House to express its views and sentiments upon abstract propositions it has a constitutional i right to do so, as the representative organ

j of the people; nay, it may, in particular I instanc es, be its duty to do so; but is this such a proposition? Is it confined to principles in the abstract? The abstract proi position is this is it expedient and proper 'that the government of the United States 1 should be represented in the Congress at Panama? The resolution admits the abstract proposition in terms, yvhile the amendment substantially denies it, except jit be conformable to' certain restrictions j and modifications; and these restrictions 'and modifications arc not confined to the I institution and organization of the mission

i itself, but extend to its quality and sunsei ...111

quent conduct. It declares that it snail not only consist of members of a particular character, to the entire exclusion of all others, but that it shall do certrin things, and shall not do certain other things. It says to the President and Senate ofthe U. States, you mav send representatives to the Congress of Panama, but they shall be of a character such as we designate, and they shnll do certain things which wt approve, and shall not do certain things we disapprove. To prove the correctness of these proceedings, several resolutions, said to be similar in character, have been mentioned as having been introduced into the House. One in particular, introduced by the present Secretary of State, in relation to the independcnce'of the Spanish provinces, which are the subject ofthe present mission: another, by a gentleman from Massachusetts, in relation to the Greeks. Eac h of these resolutions contain but a single abstract question, suggesting the propriety of adopting a great political measure, upon which the government had never decided, without attempting to trammel or control the constituted authorities, in relation to their proceedings in such measure yvhen adopted. Those resolutions were correct in principle, and the House did nnht in entertaininir their discussion; be

cause, from the very nature of its institution and organization, as being composed of members representing the people of the different states, it is always its privilege, and often its duty, as the guardian ot the peoples' rights, to express its vieyvs and sentiments in the abstract, upon general questions of policy to be adopted, without interfering with other departments of government; but w hen it stoops to particulars, and attempts to dictate to the other Departments the manner in which they shall i ...... i . c

C hange, in thi-respect, being this: IU the kbill, as it p is.ed the H mse, Kentucky and j Missouii burned a Circuit, and Ohio, llhii :n.d Indiana another Circ uit; and by

. ti.u amendment adopted in the Senate,!

lion ofthe same kind was never sanctioned

this House before. Gentlemen have j been called upon to produce one; but, sir, 'such an one, I believe, cannot be found, i . . i .i in the time ofthe melt violent party

t

discharge their duties, it steps aside from

the Constitution; usurps authority never delegated to it by the people; intei teres with the rights, not only ofthe co-ordinate branches of the Government, but the people themselves. It adopts a rule no less vicious in principle than it is dangerous in practice. A rule, to be good, must operate correctly every way. Suppose, then, the Senate "were to say to thrs House vou have exercised your functions in a particular manner long enough, you must nowe mfonn to our views and notionfl i ot exercising them vou may pass bills, out they must be of a particular grade; you may appoint your orlicers, but they must be of a particular character.' I ask you, sir, how would it view such a traduction;