The Madisonian. [volume], March 30, 1841, Image 1

About The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845

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THE MADISON! AJN.
VOL. IV.- NO. 76.] WASHINGTON CITY, TU'ES DAY, MARCH 30, 18 it* [WHOLE NO. 457.
THE MADISONIAN.
I
THOMAS ALIRR.
Kdllar PrayrUtcj.
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ILSON'S FRENCH AND ENGLISH DIC
? ? TIONARY, London lKt'.t, 1322 largo octavo
pages,'being bv far the most full ami comprehensive
French and English Dictionary yet published j con
taining full explanations, definitions, synonyrvs, idi
oms, proverbs, terms of art and science, and pronun
ciation, &<* Stc compiled from I he Dictionary of I he
Academy, Bover, Chamliaud,"Garner and others. By
Rev Joseph Wilson, Professor of French in St. Gic
gory's College.
Just imported and for sale by
feb IK F. TAYLOR.
QIMM8 MEW N'lVKL, The Kinsman or the
? Bhck Hitler's of (/Ongaree,
Ami Walsh's Sketches of the Conspicuous Living
Ch traders of France.
Are just received for sale by F. TAYLOR
NKW LAW BOOKS.?Story'* Conflict of Lawn, 1
new edition, IH4I, revi?ed and greatly enlarged ,
thirtl volume of Summer'* Reports (Judge Story ?
Circuit.) IH41; Curti.'. Digest of Admiralty C?*e*
in the United State*, and of ihone in the High p?urt
of Admiralty in England; Philips on Evidence, fourth
American, from the*evenleenlh London edition, with
nolt-* l>y Judge Cowen, of the New York Supreme
Court; Milliard'* Abridgment of the American Law
of Heal Property, 8 vol* , Curti*'* American Convey
ancing, 1 vol.; Story'* Equity Jurisprudence,
edition, 3 vol*.; Stoiy'a Equity Pleading, 1 vol.; Sto
ry'* Commentaries on the Law of Agency, a> a brani h
of Commercial and Maritime Jurisprudence, with illua
tration* from the Civil and Foreign L*w ;Judg?. Dor
vey'a Law* of Maryland,3 vol.. 1840; Peter.* full
mid arranged Dige*t of Ca^e in the Supreme, Cir
coit, and Di*trict Court. of tte Unit^ ^te. ^
the Ural organization of the Government; ninth vol
ume ofthe Law* of the Unite,. State*, m ^prinUdby
the order of Congre**, containing |he Uw?,
Ac up to March, 183!?; Gordon V0'***1, ?^lhe Utw*
of the United State, with the JuX'*fJSS&
Chief Ju.ttce Mar.hall * writing, on the t ederal Con
.titution I vol.; Principle, of Legislation and Law,
by John Holme, of Maine; Chuty ? Prec^lont.in
Pleading, wKh copiou. note, on Practice, Pleading,
I pvidpncf' Tr^fttici on the Law of Fire lmu*
ranee, and Insurance on Inland Water*, with form*,
a,, by E Hammond, Counneller at Law, I vol. 1840 ,
Kinne'. Kent, reduced to Uuertion. and Answer. ;
Kinne'. Black.tone, reduced to Uuselions and An
.wer. first volume of Metcalfe and Perkin'. Digevt
of the Decision, of the Court, of Common Law and
Admiralty of the United States, to he ? 3
vol..; Smith'. Chancery, 2 vol. ; Judge Lornax . Di
gest of tlie Law. of Heal Property, d ?ol?.; and many
others, all for sale, at the lowest prices, b?AYLOR
Agent for the Uw Library and Boston Jurist.
Law Book* imported to order from London.
March 25.
rjpOTTEN'S NAVAL TEXT BOOK_-Ju*t
1 published, Naval Tell Book, LetUr* to the Mid
.hipmen ofthe United State. Navy on Ma.ting, Kig
gi^l^roWatLTnl;Tf.K a N.v., Gun Ex
ercise, and a Marine Dictionary, 1 vol., 8vo., by B. J.
Totten. Lieut. U. S. Navy.
The above book will be leccived to-day or to-mor
row for Hale by F. TAYL< Ml, who ha* on hand, im
ported directly himself from London,
Charnock's Marine Architecture, 3 vs. 4to, many
Pl Qrevwe's Naval Architecture and Ship Building,
^Briinih Nautical Almanac fo. 1843 and 1844.
Falconer's Marine Dictionary, enlarged and im
proved, I vol., 4to., many nlates.
! Capt. Brenton'* Naval History of Great Britain, -
vs., many engraving*.
Captain Glascock'. Naval Officer* Manual.
Griffith on Seamanship, Fordvce s Naval Routine.
MacKenxie's Marine Surveying
Robbin's Surveying, Belcher's Marine Surveying.
Naval Monitor, by Claxton, (Royal Navy.) ^
British Naval Biography, I vol.
Simmons on Heavy Ordnance.
Clark'* Naval Tuctics, 3d edition, Notes by Lord
R And*many other valuable work* on Gunnery, on
Court? Martial, and all other branches ol Naval
Science. . on
? , ? Books imported to order. marcn -
1FK_ANDWOR KS OF TELFORD-Writ
ten by himself, containing a descriptive narrative
of hi* professional labors, reports, &c. &c. with a large
folio atlas of copper plates-just publi*hed-a .ingle
copy imported from London, by F. TA YL ?
Also, Crewie on Ship Building and Naval Archi
tecture, 1 quarto vol. with engravings.
Robinson's Mechanical Philosophy, 4 vols
British Nautical Almanac for 1843 and 1H-14.
Marshall on Soldiers. f.
Simmon* [Capt. Royal Navy] on the effects of hea
vy ordnance. _
Armstrong on Steam Engine Boilers.
MufheU's paper, on Iron and Steel, 1 vol. London,
'McQueen's Geographical Survey of Africa and
'"Il"^ran^d^-accounls otine r utmc
Buildings of London, by Pagm and Britton, 2 vol .
Farraday'. Experimental Researches in Electricity.
Nicholson on projection and lsometncal Drawing,
L?Aml"cntmy other of the late English works on s-i
j ence, history, political economy, *c. mar i.
T IVES OF THE PRESIDENTS OF THE
1 j United States, and Sketches of the remarkable
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lo the present time, in oue volume of508
with portraits and many engravings, in full Uatli
fn o*ne volume, Biography of the Signer, of
the Declaration of Independence, price SI ~o.
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T^NGLlill BOOKS.?The writing, of Sydney
?j Smith, the first Editor of the Edinburgh Review,
3 vols. London, 1H40. ,
Landor's Imaginary Conversations of Literory Men
and Statesmen, 3 vols.
Godwin's Commonwealth of England, 4 vols.
Palgrave'* History of the Rise and Progress ofthe
Commonwealth, during the Anglo Saxon peuod, two
Vt,Lloi|,ge''s>Illustrations of British History, 3 vols.
Horne Tooke's Diversion, of Purley, new edition,
in 1 vol. London, 1810. . .
Burton's Anatomy of Melancholy, new edition,
complete in 1 vol. London, 1S40. .
Cooke's Life of the Earl of Shaftesbury, 2 vols.
Archbishop Leighton'. Works, complete in one
V?Southey's Collection ofBritish Poets, from Chaucer
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Middleton's Life of Cicero, new edition, complete in
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oalTof valuabLE PROPERTy -Bv
0 virtue of a deed of trust, recorded in liber W. B
^ r!n?;.!?..? -?l?; "217 2IH, ?|?, ofthe land records
S' Washington county, in the District of Columbia
in,l for 11)(> purpose* mentioned in the saiddiul,
shall on Saturday the Oth day of February next, pro
<? i'll t<> sell lit public auction, to the highest bidder,
x.Lfi v
,M.red 1 2 7 ?, 12, nlltl ,3> ,n *lluare . ,' M. ' 1 ,
down and distinguished on the plan ol the city ol
WrhW?ah,e property is in the neighborly, of
St John's Church, the Piest lent s House and th.
Executive offices. A t>lat of it is left w.th the Auc
tioneers. The title is believed to l>e unquestionable,
but such only will be conveyed to the putchascr or
nurchaaers an is veilwl in the I rvwtw.
' Sale to he made at 4 o'clock, at the auction rooms of
E. PHILIP R, FENDALL, Trustee.
EDWARD DYER & CO.
() |(l Auctioneers,
rv The above sale is jiostponcd to Saturday the
Gthof Match next, same hour and place.
T'l The above sale is farther postponed to Satur
day the 3d day of April next, at the same hour and
1 place, when it wiU Tnlstw,
EDWARD DYER A CO.
. . *..li? Auctioneers,
feb G-lawts&dts
i^H^OLmcTAN^ REGISTER for 1841
? he several StMes, d-iring the year lH.lt.. |K H anU
IS 10 for President, Members ol < and Sta
officers arranged by Auntie* alphabet,call).
Just published, iM'.prtce Z? cents, ^
inarch 2 '
rrvHB TI N MILES SttUARE, or /'irhirt oflhr
1 "h.trirtqf Columbia, 1 >K-k. t volume, contain
inc a map of the Ten Miles Square, engravings of
the Capitol and President's House, interior
nor w!th a full account and gener?l d?cription^
. very tiling of interest relative to the I
,H,lisy it, history, laws, public hu^tngs ,u.nlings,.u
luary, architecture ; its Botany, Mine^logy,^.^
in one volume ol 31(1 pages, with < i- ^ Oil"
price I dollar, for sale by ^
Patchwork,i.v captain Basil iuu, mtwo
volumes, and the Twentieth Number of Hum
nhrev's Clock, are this day received for ?le ny ?
TAYLOR. U
Doettcal.
f\om the New Or leant Picayune.
POPPING THE UUE8TION.
BY I. B. ANDBKSUN, HU.
I told her that her marble brow,
O'er which her auburn lock* were straying,
Was like i drift of purest mow,
Where golden sunset rays are playing.
1 told her that her soft blue eyes
Would shame the brightest spheres of heaven,
That walk the chambers of the skies,
Upon a moonless summer even.
1 ?wore no sunny cloud could vie
In snowy softness with her bosom,
And that her cheek had stole their dye
From the wild rose and magnolia blossom.
I vowed that unto her alone
My burning heart had worship given ;
That ahould she ?n its homage frown,
'Twould then to dark despair be driven.
And then I gazed upon her form,
And pressed her small white hand with fervor,
Anil asked her if, 'mid calm or storm,
She would be wine, and mine forever.
And I swore I'd keep my vows,
As true as rule, or square, or plummet;
But?she placed her finger on her nose,
.And Md me that I?"imuiUn't come it."
Jttfscellaneous.
Romantic Incident.?We clip the following
from the New York Sunday News, and recom
mend it to the attention of our female readers.
There is a spice of romance in the story that
gives it a savour, and as such things do not oc
cur every day in the mixed-up-medley, and cold
realities of life, we thiuk it should attract particu
lar notice.
"Married, on Tuesday, by the Rev. William
Ash, Thomas Mowitt, to Charlotte Conroy,
both of this city."
The above marriage was consummated in this
city, on last Tuesday week, |and thereby hangs
a tale which may be worth the attention of the
lovers of the marvellous. Mr. Mowitt is a respec
table boss shoemaker, who keeps several men
employed, and among the rest was one named
John Pelsing, who had ingratiated himself so
much in his lavor by his faithfulness, industry,
aud sobriety, that he took him in partnership
about three years since, and had no cause to re
gret his kindness. From that period, Mr. Mow
itt and Mr. Pelsing were constant friends and
companions, and boarded in the same house un
til about twelve months since, when one day they
were subptrnaed for a coroner's inquest, which
was about to be held on the body of a man that
had been taken out of the Maiden Lane dock.
The deceased bad all the appearance of having
been a regular dock loafer, and it was the opin
ion of all present that he had fallen into the slip
while in a state of intoxication ; but the verdict?
which was given in a few minutes?was merely
" found drowned."
The jury being dismissed, Mr. M. turned
round to look for his friend and fellow juror, who
had been at his side till that moment, but he was
gone; and he thought he saw him running at al
most full speed up Maiden Lane. This struck
him as being curious; and it also remiuded him
of another curious fact, (at least curious as taken
iu connexion with his sudden flight,) namely,
that when Mr. Pelsing had first glanced at the
face of the corpse, he started, and turned deadly
pale. Mr. M. then proceeded to his boarding
house, an'' thenrw to his store, to look for his
partner, Dut he was a?udU at neither; 1101
did he return that night; nor the next; nor the
next; and two months passed away without
bringing any intelligence of him, during which
time Mr. Mowitt had fully made up his mind that
there was some mysterious connection between
his friend and the man that was found drowned,
and that, in consequence thereof, Mr. Pelsing
bad in ail probability made away with himself.
Well, so matters rested until a certain day
in last June, when a lady called at Mr. Mo
witt's store, and asked for Mr. Pelsing. She
was told the particulars of his story. '* And
has'nt he been here since ?" she inquired. "Not
since," replied Mr. Mowitt. "I know he has,"
said the lady. " He has not, I assure you, at
least to my knowledge," answered Mr. IVIowitt.
"Dut I am positive," said the lady. "What
proof have you of it," inquired the shoemaker.
" The best in the world," returned the stranger,
for I am here, and 1 and Mr. Pelsing are one
and the same person." And strange as it may
appear, such was the actual fact.
Well, the question then was, whether Mr.
Pelsing was a gentleman or a lady, and it turned
out that she was a lady, and more than that, her
name wasn't John Pelsing at all, but Charlotte
Cohroy, and furiherinore, that she was the wi
dow oj the man thai ha<l been found drowned.
She then stated that her husband who was a
shoemaker in Philadelphia, and to whom she
had been married for about two years, had treat
ed her very badly, the consequence of which
was that she picked up his tiade by stealth, and
when she thought she was sufficiently perfect,
equipped herself in men's clothes, and ran off to
this city to be more safely out of the reach of
her lord and master. Here, as we have seen,
she got into the employment and remained in
the confidence of Mr. Mowitt until the time of
the coroner's inquest, immediately after which
she proceeded to Philadelphia, where she learn
ed that her husband (who bad become a wan
dering loafer,) had, on the hint of some friend,
set out for New York about a week before, to
look for her; but where, instead of an injured
wife, he found a watery grave.
The upshot of this romantic affair was, I bat
Mr. Mowitt requested Mrs. C. to make his
house her home ; that after a while he found
that he liked her vet better as Mrs. C. than as
Mr. Pelsing ; that by virtue thereof, he proposed
a renewal of their terms of partnership, which
was accepted ; and that on last Tuesday week
Mr. Mowitt and the late Mr. John Pelsing be
came husband and wife.
This is the lirst instance we believe on record
wherein ihe wife performed the office of a coro
ner's juryman on the body of her own husband,
or wherein a young man was married to his ?wii
master. The lady, by the way, is very good
looking, and still on the safe side of thirty.
Dr. Franki.in's Code of Mohai.s.?The fol
lowing list of moral virtues was drawn up by
I)r. Franklin for the regulation of his life:
Temperance?Eat not to fulness; drink not to
elevation. Silence?Speak not but what may
benefit others or yourself; avoid trifling conver
sation. Order.?Let all your things have I heir
place, let each part of your business have i(s
lime. Resolution.?Resolve to perform what
you ought, perform without fail what you resolve.
Frugality.?Make* o expense, but to do good to
Others or to yourself: that is, waste nothing. In
dustry?Lose no time ; be always employed in
something useful, keep out of all unnecessary
action. Sincerity?Use no hurtful deceit, think
innocently and justly ; and if you speak, spe.tk
accordingly. Justice? Wrong none by doing
injuries; or omitting the benefits that are your
duty. Mixteration?avoid extremes; forbear re
senting injuries. Cleanlines*?Suffer no un
cleanliness in the bodv, clothes, or habitation.
Trtinf/nility?Re not disturbed about trifles, oral
i accidents common or unavoidable. Humility
[ Imitate Jesus Christ.
I'he following anecdote of Hchlaberndorf, who
??y ih'll*' by losing Inn boots is curioUH and, wr
believe, new
One morning the death-cart iinir foi iu usual
numlu'r of daily victims; and BchUbc rndorf '? name
wus called out. I In immediately Willi the greatest
coolness and good huiuor prepared for departure ; pre
f"? ?'f"i?d in aome ahape, a grand stoicism or mere
'b i i I'""*' wcre common in these terrible timea ; and
Bchlaberiidorf was not the man to make an u n grace
departure, when the unavoidable mint of fate stood
sternly In-fore him. He was soon dressed, only hi*
hoota were mis-ting, he sought, and sought, ami the
goaler sought with him in this coiner and in that, but
they were not to be found 'Well,' said Schlalierii
ilorl sharply, 'this is too bad; to be guillotined without
my hoots will never do. Hark ye, my good friend,
continued he with simple food huinoi to the gaoler,
take me to morrow ; one Jay makes no difference ; it
. m"n l,"-y want, not Tuesday or Wednesday
I lie gaoler agreed. The wagon, full enough without
mat one head, went off to ita destination ; Schlabern
dorl remained in the prison. Next morning, at the
usual hour, the vehicle returned; and the victim who
had so strangely escaped on the previous day was
ready, boots and all, waiting the word of command.
Wut behold ! his name was not heard that day; nor
the third day, nor the fourth ; and not at all. There
was no mystery in the matter. It was naturally sup
posed that he had fallen with the other victims named
for the original day; in the multitude of sufferers no
one could cuwousiy inquire for an individual: for the
Itohespierre, when, with so many others, he recovered
hi* liberty. He owed this miraculous escape, not the
least strange in the strange history of the revolution,
purtjy to the kindness of the gaoler, partly an I mainly
to his good temper. He was a universal favorite in
the gaol."?Foreign Quarterly.
Illuutratiom fur Children.?1 once saw a preacher
trying to teach some children that the ,oul icould
live after they were all (lead. They listened, but evi
dently did not understand it. He was too abstract?
Snatching his watch from his pocket, he said, "James
what is this 1 hold in my hand 1"
" A watch, sir."
" A little clock," says another.
" You all see it 7"
" Yes, sir."
" How do you know it is a watch?"
" It ticks, sir."
" Very well, can any of you hear it tick ? All lis
ten now,"
" After a pause?"Yes, sir, we hear it."
He then look oft the case, and held the case in one
hand, and the watch in the other.
" Now, children, which is the watch ? you see there
are two which look like watches?"
" The little one,'inyour light hand, sir?"
" Very well, again , now I will lay the case aside,
put it away down there in my hat. Now let us sec if
you can hear the watch tick."
" \ es, sir, we hear it," exclaimed several voices.
" Well, the watch can tick, and go, and keep time,
you see, when the case is taken off, and put in my
hat. The watch goes just as well. So it is with you,
children. Your body is nothing hut the case, and the
soul is inside. The cast!?the body?may betaken off,
and buried up in the ground, and the soul will live
and think just as well as the watch will go, as you see,
when the case is off."
Naval.?The N Y. Journal of Commerce has a
letter from Itio, announcing the arrival there of the
sloop of war Yorktown, Captain Aulick, and Dale,
Captain Garrett, from Norfolk, on their way to the
Pacific. As the two vessels made the whole voyage
in comjiany, a fait opportunity was afforded of testing
their mailing qualities, and the Dale was acknowledged
to have borne the palm, her rate of sailing being about
a knot an hour better than the Yorktown. The ships
were remarkably healthy.
The cause of temperance was flourishing on board
the Dale. Sixty-four of her crew had stop|>ed their
grog. The consequence was a sensible diminution of
name* upon the surgeon's and boatswain's books.
The Boston, Captain Long, was at Rio de Janeiro,
waiting with the Constellation, (which constitute the
East India squadron,) the arrival of their new Com
modore, Captain Kearney, now commanding the frig
ate Potomac.
The Mai tun repairing. The Decatur was at
uuenos Ayres, and the Enterprise u.. -
UNITED STATES SENATE,~
Thursday, March II, 1841.
SPEECH OF MR. BERRIEN,
OF UEORUIA,
On the It evolutionproposing to dismiss lilair
<$? Hives us Printers to the Senate.
Mr. President : It was not only iny desire, hut it
was also my intention to have given on this occasion,
not a silent vote, (from that f am precluded by the
call for the yeas and nays,) but to have recorded my
vote in affirmance of this resolution, without entering
into an explanation of the reasons which influenced
my judgment. When this quesiion was fiist present
ed to my considi ration, I examined it with that de
gree of attention which it seemed to me to require,
and had biought my mind to a conclusion, in which
it re|H>sed with the satisfaction which arose from the
consciousness that 1 had honestly sought allei truth,
and the belief that 1 had attained it. I was willing,
therefore, to take my share of the responsibility which
is involved in the affirmative decision of the question,
and to rely for my vindication on the views winch had
been presented by the fnends who sit near me. I
would have adhered to this determination if the dis
cussion had been confined to the incuts of the con
troversy : if gentlemen hail not directly, and by reite
ration, imputed to the advocates of the resolution mo
tives hy winch an honest man cannot be influenced,
and to tile imputation of which he is not bound to
submit. I am called to participate in this debate by
hearing addresses to those with whom I think and act
on this occasion, the language of admonition, of in
vective, of denunciation. I have taken the advice
which has been given to me, and have slept upon these
suggestions, but with returning consciousness comes
the remembrance of the warn:ng to beware of the im
pending doom winch awaits us at the tribunal of the
American People, before which we are summoned ; of
the unqualified assertion tlmt the advocates of this re
solution have determined to sacrifice the constitutional
rights of a citizen at the shrine of party ; to sprinkle
its altar with the blood of these first martyrs in the
cause of Democracy ; and to hear myself denounced
as one among others who, in quest of [lower, have
promised hut to deceive. Sir, under the pressure of
accusation like this, the inquiry is forced upon us:
Where are we? Who lire we I Who and what are
they who venture thus to accuse us? Speaking in
dividually, I find myself on the floor of the American
Senate, bearing the commission of a sovereign State,
whose great seal is here at least respected ; bound hy
the obligation of an oath to the performance of my
duty, and honestly seeking to fulfil it. And who are
they who thus accuse us! Men, like ourselves, in
vested with the same authority, l ound hy the same
'obligation, possessing the same, and no greater, pow
I ers of judgment, entitled to claim the same, and cer
tainly no greater degree of integrity in its exercise.
Standing in this relation to each other, what enti
tles any man to assume to himself the office ol centor
triorum in this Hall; to say to his fellows, stund aside,
I sin holier than thou ! Sir, my purp'se is defensive,
not vindicatory. Into the crimination or the recrimina
tion which has echoed and reechoed through this
Hall, 1 do not enter. I express no Judgment of it as
between others, but I disclaim all participancy in it.
Claiming honesty of purpose myself, I willingly ac
cord it to others. With a full consciousness of the
fallibility id' my judgment, I am grateful for the capa
city to distinguish between right anil wrong, and am
; quite sensible t'lal like fallibility and like capacity arc
the lot and the privilege of those around me. Strictly
speaking, I cannot say wiih the Senator from New
Hampshire, that I am a new, as I certainly am not a
young, member of this body. My Senatorial life *hml
its commencement in the days ot the vears which are
past, ami although I have been in a stale of suspended
animation during the reign of what has l>een extilting
ly ih nominated the democracy qf number*, yet, awak
ing to new life on the advent of the real democracy,
and sharing in the triumph of the American People, I
am pcrha|>* entitled, in language familiar to my pro
fessional brethren, to be remitted to, and to l>e in |>os
session of, my original estate. However this may lie,
I make no pretension to sit in judgment upon my as
sociates, and, looking to the distinguished individual*
around ami liefore me, venture only to express mv pro
found regret at the altered spirit which marks the dis
cu stoni of this Hall since in times gone by I had ljn
honor lo share in it* deliberation*. Under the influ
ence uf this feeling, while therefore I proceed briefly lo
vindicate the opinion# which 1 entertain, although I
am certainly not insensible to another and an opposite
one to that which la awakened liy unmerited and reite
rated denunciation, I will endeavor lo limit myaelf to
thin delirnaive process, and not unnece**arily, however
unguarded the passes which lead to it, lo carry the
war into Africa.
I he letolution under discuwion propose* lo dis
""'"i from the office which ihey hold, certain persona
who have been elected printer* lo ihia body. Jt ne
cessarily assume* two thing* :
I. 1 hat the Senate baa the power to do thia act.
?ni. 'here ia cause for iheexerc'se of thia power.
1 he first proposition include* these ideas?
?Ji. i 8 yen#t*i ?* now assembled, ia invested
with the power* conferred upon it by the Constitution,
anu authorised to exerciae them aa occasion* may
arise. '
2 Thai Menu Blair Sl Rives are officer, of the
Senate.
3. That the tenure of their office ia during the pi
ture q/the Senah, ?nd that they areconsequently re
movable at its will.
I will briefly consider these proportions, of which
the first is that the Senate, as now asaembled. ia in
vested with the power* conferred upon it by the Con
stitution, and authorized to exorcise theuiaa occasions
may arise.
The Senate, aa created by the Conatitation ?fU
composed ot{iur(ut'er? whose '-f-iMl muiiftna
"iksrst
that the resolution to dismiss an officer of this House
pro|?erly belong* to the Legislative session, and can
not be adopted in this, which is denominated an Kxe
cutire session. When this is denied, and the act to
be performed ih atao admitted to l>e neither Executive
nor Judicial, it is exullingly asked-What, then, is it!
?Sir, 1 wasstiuck with the upimsitenes* of the instan
taneous answer given by the Senator from Kentucky.
It ia Senatorial. It belongs to the organization
oj the Senate. It would result necessarily from the
power to provide the means for the efficient and con
venient exercise of iU constitutional functions, and is,
and must be, inherent in the Senate, whenever assem
bled. Let us examine this. ,
1 he President ha* required us to assemble here for
certain purposes specified in the summons addre-Bcd to
each individual member. He has the constitutional
right to make this requisition; and the correlative duty
on our partis to pui ourselves in a condition to meet
it. We must assemble herein this Hall, organize the
body, scrutinize the qualification* of members, and pro
vide ourselves with proper officers for the convenient
and efficient discharge of our constitutional functions.
When these things are done, it is the Senate of the
United States which is assembled?not the Legisla
tive Senate, not the Executive Senate, not the Judi
cial Senate, but emphatically the Senate uf the United
Stales? a body created by the Constitution, anil in
vested by that instrument with Legislative, Executive,
and Judicial power. Let us distinguish between the
Constitutional grant of a |>ower and the occasion
which calls it into exercise. The (lowers of the Se
nate are conferred by the Constitution, and must exist
whenever the body is assembled. The occasion which
will call those powers into exercise are those which
are contemplated by the Constitution, and may arise
successively, or at the same time; separately, or in
couiiiination. Thus, the Legislative power of the Se
nate is a subsisting power, inherent in its very nature
and constitution; but it is a power which can only be
exercised concurrently with the House of Represen
tatives. That body must therefore be assembled to
call it into exercise. The assemblage of that House,
t'he transmission of a bill to the Senate for concur
rence, do not confer Legislative power, but serve mere
ly to call into activity a |>ower always inherent in the
Senate, because part ol its constitutional organization.
The same is true of its Executive power. That also
is inherent, always existing. When the President
submits a nomination, or a treaty, it is called into ex
ercise. And so the exhibition of aiticlea of impeach
ment by the House of Representative* calls into acti
vity the Judicial power, with which the Senate is in
vested by the Constitution.
This proposition is most startling to the opponents
of the resolution, in its application to the Legislative
power. But it it, I think, entirely free from difficulty.
1 he proposition is that the Senate, a* now asaembled,
is invested wnh all it* constitutional power*, and ca
pable of exercising them when proper occasion* arise.
It is agreed that this is true in relation to our execu
tive power*; thai, being inherent in the Senate, lie
cause conferred by the Conslitution, they are called
into exercise upon the presentment of a nomination or
a treaty by the Executive. Why? Becuuse the Con
stitution has confided to the President and Senaielhe
power^ol appointment, and the trcaly-ma'king power.
1 he Senale, as now assembled, carinol make laws.
Why? Becuuse, by the same Constitution, the House
ol Representatives must participate in their enactment.
Now, sup|K>nc a case: The President has power to
convene both Houses of Congress, or either of them.
He has convened this House. We are here. The
Senate ot the United Slates is heie in conformity to
his summons. Sup[H)se beloreour adjournment an exi
gency should arise which should require the action of
both Houses, and the House of Representatives should
I*) convened by the special summons of the Presi
dent: does any one doubt t'>ai the constitutional pow
er of legislation of this House, as well as of that,
would then be called into exercise ? Does any on?
suppose that it would be necessary to resummon the
members ol this House, lo constitute what gentlemen
call a legislative session ? Would not the Senate of the
United Stat, s, as now assembled ill *|iecial session, be
comjieteiit to the exercise of all its (lowers, legislative
as well as judicial; to pass U|N>n a bill, or sit in judg
ment on articles of impeachment fioin the other House,
as we now exercise our Executive powers under a
nomination or h treaty 1 If so, then the Senate has a
constitutional, inde|ieudcrit existence ; and, whenever
assembled, is invested with all its powers, though the
occasion lor theii exercise may not aiise during its
session.
The Senator from New Hampshire will see lhat
this View of the subject goes beyond the mere ques
tion of the powers incident to the organization ol llir
body. It a Hi rm* the existence of all the constitutional
powers of the Senate whenever it is assembled. Bui
upon his own view, and as incident to the power of
organization merely, he concedes, argumenti gratia,
lliui the printer to the Senate is an officer of the body,
holding at will. Then the Senate must have the
power lo dismiss. The power to dismiss must be in
cluded in the power to elect, or the tenure of office
ceases to be at will. The resolution in this case pro
mises simply lo dismiss. 11'adopted, it will of course
be followed by a resolution to elect. The same object
might indeed have been accomplished by the action of
the Senate upon a resolution to elect, as in the Britiih
House ol' Commons. The mover of this resolution
contents himself wilh a single step?that of dismissal.
He desires promptly Undissolve the connexion between
the Senate ol tile United Stale* and these incumbents,
a* odious in its incejMion and intolerable in it* con
tinuance. Why do Us opponent* complain that, in
addition to the removal of a political friend who com
mands all their sympathies, as the ardor of this debate
has abundantly proved, they are not compelled at the
same time to witness tht accession of a |silitical opjio
nent, still further to disturb their equanimity?
Sir, the argument which 1 have submitted to the
Senale in supfiort of the proposition that this body,
whenever assembled, is in (sissession of its whole jkjw
crs, as deduced from the Constitution ilself, is sus
tained by the unvarying practice of the binly, as a re
ference to its journals will show. Senators op|x>sc<
to the resolution contend that thia is in Executivcses
sion ; that we are coui|ietenl only lo the transactior
ol Executive business ; and that our disrumioni
should be conducted with closed door*. They ex
press their surprise at the o|>en and protrarted delist
in which we have been engaged. Yet llie journals o
the Senate show lhat such has been ihe course a
every extra session of the Senate; that the discus
sums have been open, and that business has beei
transacted entirely unconnected with Executive nomi
nations, or the consideration of treaties.
[Mr. Bkrhikn here referred to the journals of sevr
ral extra sessions of the Senate to prove this asser
tion. J
1 lake leave of this branch ofthc subject. Mv ow
mind reposes in perfect conviction of the truth of lb
proposition that the Wenate, as now assembled, is in
vested with all the (lowers conferred by the Constitu
lion, and competent to tln< exercise of lhat which is in
voked by ihe re-olulion on your table. The quratioi
which is now presented to our consideration is brief)
slated in ihe following proposition :
Second. The printers to the Senate are trffireri c
the Senate. >
l>o g< ntlemen desire lint this question shall l?e di
cided by a reference lothe facts ot the ease, und to ill
lain and obvious inference to tie deduced from then
ur will ihey prefer lo have recourse to the legal defin
Uon of the term 1 Take either ?iew , tod first as to
, <?!,*' *!'d lt" lefcfww from thru.
I ? I he incumbents were elected by ballot. This is
the ordinary mode of creating an SgUtr, not of enter
ing iiiloa contract We elect an officer; we cove
nant witb a contractor.
* They have given an officii bond. I say on offi
cial bond, because It recite* tbeir election, and stipu
tales for the performance of their- duties.
3 A* printers u> this House, they have the right of
entering this HaJI?a right which belongs only to its
numbers and officers, and to certain privileged per
sons, among whom the incumbents are not included.
It they are not officers, what is the foundation of this
right 1
4. As such officers, they hare acceaa to the confi
dential documents of the Senate, in relation to which
A* , r* members are held to secrecy bv iu rules.
Are they th. incumbents, exempted from this obliga
tion l An?fciif they are not ofticeis of the Senate,
where is the rale which binds them I
t rou the?? feeu, iIiuh brt? fly Mtatrd, the obt iou? in
erence would seem to be that the pi inters of the Se
nate are officers of the Senate.
Hut, if it is preferred, take the legal view.
An q/nctr is di fined to be one who exercises a pub
lic or private employment, with a light to receive the
free and emoluments incident to it: public, ss a magis
trate ; private, as a bailiff or receiver. Qentlemen have
relened to the ordinary lexicographers tor the defini
tion of this teitn. I Jo not object to this; but, yield
ing to the force of habit, 1 have turned to law-wrileis
who treat of the subject, and they tell us that it ia the
nature of the employment, not its extent, which deter
mines whether it be public or private; and that, how
ever limited the employment, if it concern the public, *
the |ierson employed ia a public officer. 1 do not trou
ble the Senate by the adduction of authorities, because
?ey are Accessible to all ; nor do I press upon the
House the consequences which result from this defini
tion, because they must be obvious to those who bear
me. All must admit that the printer to the Senate
exercises an employment which concerns the Public,
t? tJ- i?'* 10 'he emoluments anting from
ifc ** u**m>u3 lo constitute a pub
The precise question which we are considering is
thus understood in England. There the King is the
source of office and of dignity. The public printer is
therefore denominated the King's printer; is recognized
as a public officer; and, as such, is exempt from liabili
ty to the precautionary measures authorized by the
statute for the prevention of seditious and libellous
purihoalioiii, passed in the reign of George 111, lo,
which all the private members of (he craft are liable.
Is it questionable, then, considering the aubjeet in a le
gal view, that the printer of the Senate is a pnblic offi
<*'-*? officer of this House 1
nut gentlemen tell us this is a contract?that the
election of the present incumbents to the office of prin
ters to the Senate constitutes a contract between them
and this House. 1 do not stop to consider tho embar
rassing and mischievous consequencec which would
result troiu the establishment of this proposition?oi to
point out the difficulties in which we might be invol
ved by the faithlessness of a public printer, if we were
entettered by a contract, which could only be enforced
in the oidinary couits of justice, by a decree for spe
cific performance, or compensated by damages for tho
breach of it. 1 am quite sure this is a position in which
the Constitution never intended to place us. But I
waive this, and address myself to the argument, which
is entitled lo grave considerations, because of the source
from which it emanates, and of the earnestness with
which it is urged.
We have been reminded of the legal definition of a
contract?that it is an agreement to do or not to do a
particular thing. This is true ; but in this sense eve
ry election to office is a contract. Theie is, in the ac
ceptance of every office, an implied agreement to per
form its duties, as there is in every election or ap|?oint
ment to office a similar stipulation to pay the salary, or
to peiinit the receipt of the fees. This reasoning,
therefore, proves too much, and the argument is not
advanced by ii. But the law has something more to
say on this subject of contract. This agreement todo
"r not lo do a particular thing mu-t be made between
parties, able lo contract, willing to contract, and who
must actually have contracted. The question which
1 propose to gentlemen is this: is the Senate of the
United Slates a competent parly lo a contract! capable
of entering into a bond, or of receiving one?of making
or receiving a grant 1 The ptrties to a contract are?
1. Individuals of full age, of sound, that is, of le
gal discretion, one who is sui juris, not under du
ress, &c.
SJ. Corporations, or quasi corporation*.
It is not pretended that the individuals whoconipose
the Senate are parties to litis contract. A goodly
number of these can say tiuly, non in hacc fa
dera. Is the Senate, then, a corporation 1 or i/uasi
corporation 1 These exist by grant, charter, &c., or
the attributes of a corporation, the corporate character,
are ascribed for political purposes. '1 hus, tho King,
the Lords spiritual and temporal, and the Commons of
England constitute a corporation. So do the United
States, in their federal character, and tho Government
of each separate State. But neither House of Parlia
ment, nor of Congress, nor separate branch of a State
Legislature is a corporation. If, then, the individual
mi inters of the Senate are not parties lo this contract,
and the Senate as a body is incapable of contracting,
what Iiec6ines of the alleged contract'! It is said that
the Senate haveeniered into a contract ai d have ta
ken a bond for its performance. But that bond is pay
able not to the Senate, but to the United States of
America. Why is this I If the Senate are capable
ol contracting, are they not ca|>able of taking a bond
payable lo themselves 1 Docs not the manner in
which this bond is taken concede llie point in contro
versy 1 and affirm the incapacity of the Senate to bo
come parties to a contract 1
The Senator from South Carolina (Mr. Calhoun)
sup|K<ses the question to be too plain for argument,
and 1 agree with hiin, but in an op|iosite sense from
that in which he makes the assertion. He finds a so
lution of the question in the difference between an
office and an employment ; which, in the case we are
considerini.', he supposes to consist in this, that an offi
cer performs his duties at the expense and on the re
sponsibdity of the peisons by wham he is appointed,
while a person employed under a contract performs
those duties at his own ex|M'nse and on Ins own re
sponsibility. I confess this is not satisfactory to my
mind. A nd first, llieie is, if the Senator will pardon
me, a confusion of terms. An office is an employ
ment, and is so recognised in every legal definition of
ihe term office. The attempt to distinguish them is
theiefjre nugatory; and to say that this is not an of
fice, liecau e it is an employment under a contract, is
to assume the very question which is in controversy.
Bui the Senator illustrates the distinction which he
sup|Miscs to exist by saying that the press, pa|>cr,types,
are furnished by the incumbents, who work their
own means, and therefore this isa contract?admitting
that if the converse were true, if the materials were
furnished by the Senate, they would be officers.?
Surely this is illusory. A contract may be for the
supply ol labor and materials, or of either separately,
and the duties of an officer may include the obligation
lo supply the means of performing them. Take the
case of the Secretary so often referred to in tl e argu
ment. He receitesa salary, and you |wv for his sta
tionery out of the contingent fund of the Senale.-r
lie is therefore an officer. If you were to enlarge his
compensation, so as locovti the cost of the stationery,
and require bun lo furnish it, would Ih* cease to l?e sol
1 cannot believe that this view will 1m- available to !he
condemnation of the advocates of the resolution at
the tribunal lo which we are summoned. Then we
are admonished of the sacredness of contracts, and
the excitement occasioned by the removal of the de
ponitcK is referred to as an evidence of public opinion
on this subject. The Senator from New Hampshire,
I apprehend, mistakes the question which was drawn
into controversy by that act of Executive power.?
'1 hat question related not to the validity of the bank
charter, but to the proper interpretation of it. The
light of the bank to hold the public deposiles subject
to the right of removal, which was stipulated in llui
charier, was not denied?neither was the light of re
moval. The question was, by whom lliul right should
Ihi exercised?whether by the Secretary of toe Trea
sury, the altar idem of the President, or by Con
gress, to whom it was clearly referred by the charier.
That was a contest between Executive supremcey and
the rights of Congress.
The Senator from South Carolina proposes lo us ?
question which he consideis decisive ol the controvert
' sy. He asks, lias a Legislatures right to rescind it*
own contracts 1 He argues that this is the same Se
? nate which elected these printers, and then reiterates
his question Here is an obvious petitio principii.
? The stress of tile inquiry tests upon the nssuui|ition
of the very point in controversy, namely, whether this
is a conduct?a fact which ia gratuitously assumed,
and neither demonstrated nor demonstrable. Still
continuing this assumption, he affirms that the princi
ple sbout to l>e called into exercise by the ?dnfrfinn of
this resolution would destroy every bank charier in
? lie Union. The answer is nlsin. If this lie a con
tracl, we lisve no right to vioiale it. No such right-is
. contended for by the advocates of the resolution ?
I'hey will lie among the foremost lo resist any such
attempted abuse of legislative |>ower. Bui it remains
to be |>roved that the election of a Printer is a mere
T contract for work and labor. The Senator from H.
Carolina cannot ssy that he would regret the applies ?
lion of this destructive principle to the Bank of the
United S'lulea, which he sujijswes may l>e established
Will he not reconsider this declaration 1 Standing
' a* he does before the American People, is he willing