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iiV AS ANTS & SMITH IUCHMOND, VIKGIXIA' SATI UDAV, MARCH m CiXUar' 2**ma+tmrx-u I S28. Vo i.. V.—No. f »!'<• Constmutionai. W|,m is published twice a ’C * (Wednesdays and Saturd.ivs.) at live dollars nor annum, payable in advance. > 1 l!j Previous to a discontinuance of the paper, all ar rearages must be paid up. And those who „iay wii.li to d.sconunue, will notify ihe*K«lit«, < to that eSlect, at least tnirty days bjtoro toe period expires for which they sub 03* For advertising—75 cents a square. for less) for the m»t Insert tan, and f>0 cents fur each continuance.—The lumber of insertions must be noted on the M's. otherwise ♦Itevjvill be continued and charged accordin-dy. (0” All letters to the Editors must be oust paid, or they tvi ! receive no attention, , Notes i»r chartered specie paying Banks of any of t te States will be received in payment for subscription to ™e Whig, though Virginia or U. States Bank .Notes would , Preferred; and remittances can be made through the Post Odice at the risk of the Editors. subscrib -By virtue of a deed (if trust exer uted to the rs by Witlipio O. Barret anti Mttry his wife heating date the 20ib day of July, and .Inly recorded io the clerk s oflicc lor the county of Gonclttand, we shall proceed to sell on the premises, on tire second day of lo23, for cadt. to the highest bidder, the tract of land on M tt.cS, the said \V. O. Barrel lately resided, i„ ,|,c county of Goochland, on the north hank rif James liver, known by the name of MILLURSVILLH, adjoining the lands of iJoct. Wharton and Robert i>l;inanl, supposed to contain t.M acres. The improvements are a dwelling ho,ire, .a tan > ard, a grocery, and a large lumber hoyse, Also, the following negro slaves, to wit: Sam, n negro tanner, Hannah, Harriet, and Boh; or so much of the said property as may he sufficient to satisfy tin; purposes of tire staid deed. Actin'-' ns trustees, we will convey such title only as is vested in us by the said deed. ' WlI.L. BOI.I.1NO, , __ * N. M. VAUGHAN. FVb27. lot Linnaean Botanic Garden & Nurseries. A'/:Jilt jVEIV YORK. WILLIAM PEINCK, proprietor of the above estab lishment, in addition to his former extensive rollcc tion, has made very considerable, and valuable additions v. iIhill the last year. It will continue to be his pride to retiderh'is establishment beneficial to tire country at large; and ordeis through any of his age.iits, or per mail, (post paid,) will receive the usual, particular and prompt attention. Ills catalogue now em braces nearly 150 pages, ami for convenience has been divided as follows: No. t. Fiuit and Ornnnwntal Trees, Shrubs and Plants. -• BultmUj itnd Tuberous Flower Boots. :i. Green House Trees and Plants. 4. American indigenous Trees, ifbrubs and Plants. Ka>h of tbe above Pamphlets may be obtained grajjs, of the subscriber. - BENJAMIN T6MPKINS, March 1—It Agent for W. P. Curies Neck Land. UNDER the authority of 4 Deed of Trust, made on the 7th day of July l!12l>, recorded in the tjflire ul' the county court of Henrico, an I at tin; request of Mrs. Mary V*'. M«sby, 1l1.1t licit and valuable estate called Tilm.is, on .tunes River, fourteen miles below this city, will bo sold to the highest bidder, on the second day of A; iil, it'fair, of on the nest fait day. This sale Is necessary, for the purpose of raising the sum o! about sixteen thousand dollais, whirrh must he paid within sixty days, in consequence of an otderoftlie Rtrh mond Superior (hunt <>t Chdnc. iv: the sale must theiefoic tie positive, and tin* pu,chaser will be required to pay said sum iti cash, ami a credit may be obtained for the balance of the purchase money. The estate contains 092 acres of very rich land, 270 of which are in loxoiiant wheat, and the rest ot the clearer l laud coveted with led clover. Farther information may tv: obtained tiy applir >lion to either of the undersigned, on or bc.'ure the sale, which will be made r.i the estate.. RICHARD RANDOLPH, J Tiustce# \V.M. 11. RICHARDSON, '■ for Mrs. M. WiM. <i. rtiUHKTON, ’> \V. Mo shy. Murrii 1 Rt Hats and Caps. IT vvK received by late a1 i*a!s'tioni X. n A’oik, gen tlemen s black raver Hats of superior quadiiy ami of \arrotis patterns, also one case of gemitmeu’s and youth 9 sea otter an I lur seal Clip*, v.eiy handsome. On hand a very lary.e ami genet a 1 assortment oi 1 .r,1 and l300’0 wool li.its: to the letter I invite the at tention of those having Factory, Coalpit ■ . l’latitation Negroes to filini. h. Nov.‘28th. JOHN THOMPSON. ~ TEACIIKli WANTED. ^yANTHI) as a Teacher to take charge of a Female Academy in Maitinsbui", a person well qualified to (each llie (J'fleient branches of English Education. A salary of Four Hiindred Dollars will be gfvcri. Ap ply to either af the subscribers. None need apply un less they can come well lecornnieoth d. CONK Aid lIOrGrtllRE, March S. JOHN S. HARRISON. roit lent' IN Duval’s Addition, near the Federal Spring, a three story Hrirfk It.vise, in good repair, with a good Garden newly enclosed, and 1 Well of excellent water in the yard — tiie Well requires some repairs. To a good tenant a great bargain will he given. A pplien tirm can in: made to llenry W. Moncurc, Esq- who will give the proper information a, to terms March 5 4t &X&NO rOR^IJS. JUST received from Cieib's celebrated manufactory. New Ynik, nn assortment ,.f -riy choice PIANO FORTES; anuiit/, which i;; a very .sp . nslirl rosewood caRi ri t upright Piano Unit*—nil of ;i will !ru sold fit live Imvurl New Yoik prices, and teat ranted by the maker. The jnibdc arc respectfully invin;d tt« »-,i 5J ;it Mr. Hubert l’uorr** Ware-room, anil examine liie itirur.icr.is. Frh 1 ;? T^fOriCK.— All personsliaviny nja-n nonims with the estate of Robert licll, dcc,,>, late saddler pi liio city nf Richmond. arc requested to rail on the subscriber for silt lenient. As it is ex; . . lii it a reference to the bonks will often be requited, 1 . . <• l... ! posted, and I am now ready to make •.rlll«rr,i.*nts. A'.dmu/h it is desirable tliiit <i -pedly etc./ of the adiiiiniFita'iiMi sbouM In: mads, yet, I shall gee. a re<i-?.;»ablc fmie to those who may call, indebted to the estate, upon their giving bond for the pay ment therwf. AM those indelricd I j bonds and notes, me informed that the claims against the estate are very ur gently prised, and that therefore, I shall be compelled r.» require litem fo make i.rtmediali? piiyment. All perse, i failing to call hi a inaionabh* time, may expect legal steps will tie taken for the cnllerrion there, f. All persons bavin claims against the estate, arc irqireslid to pr« sfnt thru, properly and legally authenticated, that I nay be appvtse.l of flic amount dor, to enable tec In n. i'.e arr.i -er.sen?:; for their li>pi»datioo. My »>ftiec fs in sir- City Mill, where the bonks end papers will he kep*, a.. I v. heic 1 shall getin* tafty attend ftottr 10 to 1} o'clock. W. l>. ‘ T V. Se.g’t C. Tl. ' Pee 8 — ts A- dor of Hiiherl Up”, ••■c’d. Twenty Jjollaia Hcwar»JL I WILT/ give Ilia above reward fur the af prehen sion of my man PETBK, a woII looking young tiign of about io years rtf a£r; he is mao kinds, and Jim a small scar on his fdrelio-uJ ; i# about feci y inches in height, very erect in his ru riago, ami when •tQ went away was well dressed He camo from tho irdwling Green, and has r.c- :• ^ p mo to that heigh hot hood. Tim above tewsfi ans all necessary ebar 4,*:s will fco paid on his uenvery here. u. iiAnniro.v. Richmcr Md.h F^b -WS. io on Spinners and Manufacturers in Virginia. ’V O. ICK.—It having been suggested to me hv a nunr . , Ur of my frieiuN and acquaintances. that Virginia «» about to become a ^.ttiufacturiiig SfHt«, and having a ways been of opinion tl>at Virginia otighf to live n»ore at mine, by which mean* money would he more pleti ifnl among us; amt knowing well tint if Virginia does I, . . . r» v" ••• ’ * »* * *• ' i II2«1 fJOfs become a Manufaclu. in- State, that she will consequently e (.rained of c-ousidr«iblu money at first start, lor tna ciitnery, in order t.. obviate some part of this ni say as much of it as lays in my power, l have tlmti**ht } roper to oiler my services to the public, mid am now ■ reui,y to cm.tract with any company ur concern, for any quantity ol machinery that may Uralled Ur, either for Cotton or Wool, both of which I will warrant to male equal. It not supcMior to any in the Union; 1 will a\„ put the machinery in operation and make it operate weii .Jy long experience and abilities in the business cannot oe doubted, of which the public geimrallv are well ac quainted. JOSEPH JIKYWOOD, Surviving partner of the late firm of Messrs. Ihiwtlcn, l’yrtn Co. til Petersburg, and Siipcriiilcndantof the Cotton Vain Kac b.;t i-irge engage me on objections also tory on Swift Powhatan. Address Jf/SKfti llV.vivvm, ^ Sutdett’s Tavwn, Powhatan. ^ Should a concern sulUcten to make their machinery, I should In. engaging to superintend' said Factory, provided that it is sot.icw;mi ,y large to w copy my whole time and atten tion. Should a cot ft .act nf this kind take place, I wish to apprise my fne ml- amt tln» public generally, tlwit mv establishment in Powhatan will he carried on as trstiaj, unfier the (.ireetidn and miuitigemetit of my son. n . JOSEPH IIF.YWaOD. Pmvria'au, Jan. 20, 182 : Irish Linens, &e. r-8 atid 4-4 heavy Irish l.ineos, of warranted bleat h *? 1 ^ 0 1 Sheetings .1-4, R-4 A; 10-1 Diaper X' IGm.i-k. Lotig Lhwiis aud brown Hollands—for sale at i.diired >irict's* **V HAM. NKH.-OX. _ir* 'J t M TJIAY KIJ colored MAIlIl, about Id bands high, with foil fr. tn the ts.tib.-ci iber. s black tad and inane. She left the stable on the even- \ iug of lice fttli, and has not since been heard of. A liberal reward, dy expenses paid, if delivered in Ilich- i tnnv.A to II. JTarrison, nr at Dover, Goochland, to A. on* She probably \v.«nt tip the Goochland M road. Ft-b i :j UArSDOLL’Ii IIA111USOX. Eagle Hotel. rpHK substriher respectfully informs the public that 1:; has, by sjjfccia 1 contract with Mr. John Gray, opened a TAV KRN mi the town of ElETCASTIrE, in the county of Botetourt. The houses having all gone through a thorough repair, an.I within a short distance of tiie Court House, having seventeen rooms in the two houses designed for travellers, ladies anil families r.an have private looms separate from the tavern house. He hopes hy strict a t tent ion a ml good order that he u ill shaie a port inn of tin* public patronage. His Bar, Table, and Stables, he w’Jl endeavor to furnish at all times u itIt as good as the upper country will a (Void. He F furnished with a good Mar ket per am! good servants, which shall at all times lie Mrirt ly attended til, so as to give general Satisfaction. His prices shall ho quite moderate. (.Jail an;! try, and then judge for yourselves. Forget tint an old fiicnd. Li:\vis BllOV.N. F. b 27 ■it FRESH GOODS. B HAVE received hy the late arrivals from New York a and Philadelphia, a largo additional supply of i|g-r ralde grinds, ronslslitig in part of New style plaid anti fancy prints Do do tin furniture cl.in!/, l’iaiil and striped camhiie gingli.ims Plain and worked .Swiss and book muslins Fuie and supeitinc cnmbiics and jaccmejs I>» do corded and cheeked do itarian-o *11of beautiful minis Worsted bereges do do Silk ti'g.ired and sliiped do do Plain and plaid gjro de nap Frer.rh sal t ins, assorted colors India c>> npxuy satlins and levnnti'ues H'e.ivt s.'iuhaws and sarcenets I'in.; a nit e:;iia Miipi'.Tine hl.uk fioji.ba Fine ,Mc*ino and C.a'hmmc loi.i' sha wls Wo.-.led and silk herege and other fancy lulkfs.assoited Black and white !> hbinut hire veils Bicdi bo’ hirki t and Swiss w >ikcdcapes, pelerines,-collars and robes Thread laces and edgings, atssorf .! French catuhricks ami h.ikf--. Italian crar.es and crape iisses f<adies* and titleincit’s gloves* as..,' i Lnnd.m cloths aird ca&simetes Satiinetts of all qualities Plain and cut velvet, fiorent'r.a Valentia and tnarseil'es vesjing Ladies’ pelisses and habit cloths Mer'nfo and common flannels, assorted Heavy to.-,e and w|titfiey blankets Superfine thiead and cotton tickings A large assortment of shell combs Black ami colored Circassians and bomb.i.:, With a general assortment of other staple and fancy /nod?-, which are o-fsered tit wry low juices tor rndi. Feb U - m 11AM. NK1LS0X. Roanoke Land for Sale. r, bo sold nt public unction, without reserve,on tho. T'T 1st d;<y cf April ifexi, at tho tavorn of Col. John llaptist, at IMer.klrnburg Courthouse, the tract of land on v.lrcli tho subscriber resides, on Roanoke river, in tlio county of Mecklenburg, ton nines south cast of tin? Court* Ii'mi»e,c6»itaiiiing l»y actual surrey, 1 d> i acres, of tt-hiclt JiO arc fertile river bottom, and about o(J acres low ground: rpoti small si.earns passing through the estate of the Iri Mi" ! i;:tl. there arc 50 acres inprm?.| ♦obuern lots; between eight and nine Inn. Ired acres ol tiic high land r.rr now to clear,all of which will produce tobacco,two iJnnUof-.vt; h is superior tobacco land. Tfm situation is healthy mid in a good neighborhood; tl.o improvements are in good repair and atiiply sufficient for the comfortable accommodation of . large anil genteel froriiy, and the securing a l^igc crop <■ • .ery description, with a wheat tna dm..? in good rt'pnii, n . ;rge garden, and an extensivc m.-oar.’, containinga great variety of fruit trees. The w ho?.? of the bottom land upon .is rstnte is reclaimed and is highly improved. Twenty and* can ho cir.pVtyrJ' upon this lead of laud to advan lag-?. !t is considered one of th.? most valuable tobacco phin'etions upon the river. Krum it tire linn nuke mvi>a tion > completed. Ptirchnturs are invited tostte this estate. Posscfsimt will l?e given tut the f >th day of December next, vith ti'C ng:it =eed wheat the approacltiiiu season, \ i ar title, v id, he made immediately the sale is effected. I*lift7-13 — One-third the porchne iiienry to he paid tlie V.»1 h day of December next, one-third theSolh (lay of He* comber t“d9, ami the remaining third the 25th day of De camber 1830. Ample security for the payments will he it quire.I. Should the purchaser wish to anticipate his ' payments, a reasonable discount wtil be allowed for prompt j payment*. O. OREfcN. Kcb 20 ls "l^J'OTICK-AppHcatit n will be made ar the farmers'! d ^ Hank of Virginia, for the renewal of a ecrtiltcafe for thirty two Fha <•:, of t* • ?;r sof that Bank, io the no me. of T{e..;ani*n Hater-’.. .5263, dated 20 ih May, 1827; tim same h • be :i . ..i >>r ttblaij. Vli? Jn. • yr$t National eongms. SENATE — Ftiuu un it. Tlic following motion toytmcud the 6tfa Ru!o bc~in Under comiduralioti:— 3 'I'o strike out all after the words “called to ori»cr ” and to insert the following: -by the President or a Suu- ! OnH1" Sri,;i:i,6i1lu0,7N a,r>,J CTr-' «'f order! bball be (tedded by ll.e President without discussion I subject to an appeal to the Senate; but ll.e President! may call lor the siiiod of the Senate on a„v question of order7— i Mr-JOHNSTON, of Louisiana, said be was in favor 01 the amendment winch conferred the power of nro- * serving order on the Presiding ollicer of the House; be i cause be believed older essential to a deliberative as- I scxnbly—and as the exorcise of the power bad been de* ! c.incd, it became necessary to invest the Chaii witlt a ' power without which 4*4 duties under the constitution could not be pei formed, nor the order of the Senate be reserved. 1 he power must bo vested some where, it pertained, be thought, of right fo the Presiding incer. It was a power usually exercised by those who presided over ihe deliberations of public bodies 1 and it could not be exercised with cifect by any other. It was clear from experience that the power of'calhu o order would not in o.dirnry casas be exercised j ,75,nber3- r,*c person emitted to the protection of tbe House, who was the object of personal animadver sion, would not claim the intcifereoce of iho House,! because he is on the floor to defend himself. His f, iends will net, because see ing the injury already inficted, they will pro.er the light of repelling* th& attack avid * doing justice Jo his own ieelinga. The htends of the assailant tv id not, seeing Ihe party i ; present either to I 'io,> it by appealing to the Chair or t>v e:;ercisinp- the right of self do fence. The*paity excited by the sense m li;c ifijmy, assails Ins adversary in turn, tetorltqciim- 1 mates and insults. T iro party rejoins, and a scene dis 1 qiaceful to lilt; actors, to the Senate, and to the coun try, ensues. Where can it end, but in (daws on the lour, or in r.n appeal to the lie/J of hour..4 it bciu* con-H.ered the duty of all to call to order, it :3 the part licul ir duty ot no une— and no one will ta’te up.-m !:im se.i to do »vbat equally belongy to every oilier tiu ni U^r to do: —-he interposition wool ! be deemed at h ast uthcir.us, and pcifu.jv; by both puties—but what he cmnri ot tno b-.umess, the order, the peace and dici.siv til the Jejutl? Put it tire power i* conferred mi th’e Chair, it Lecrmes his peculiar duty under his ic-spon sibility, to exercise it promptly and fi.tmlj. In ihe beuato (he duty i3 divided, and the responsibility |u*t by dt(Ins:nn—it becomes a mere right, without irnpo* sing any obligation or duty, and there will be no lemc dy .or the confusion and disordc.r which personal quar rels may introduce into this place. 1 fits mui.il t «ave said in legatd lo the expediency ol conferring t!ie power. Uui the power to , reside o ver the body is deiived from tlie con.-liluliou. The power of piesidiog presupposes certain duties ii.hercnl 10 the officer, and reqirres no Ia*v or tides to confer the right. Me lias a right by virtue of tiis cilice to sit* in the Senate—to superintend its pioceodiogs-^-tn pi e ' SiJe over its deliberation*—to put all quesluiiiK—to ad minister oaths—lo juJge of tl.e violations of the :t;’i t. * and to enforce them, and to do everv thing which be longs to the oitiee. The Senate have '•he light (<• prescribe i tiles. Dot he is the executive cfiice/hne i lie has a getieial duty of presiding uvei tin? body ac coi dmg to tire custom st such bodies. *i he Senate m preset ibe rules lo exteud, 01 limit, or explain in.. ■ ■ i. civil duties. Ti.c rigid to perform the dulie3 wlu'cb belong to tin: ; otlicer is a right inheietrt iu the utlijor, uot exprtised ! I:r Words, nor are the dotes susceptible of eim.iu ra Itort. i li.it, without which the oifice cannot lie, .. an essential j nit o J its nut u i e, a ml is inliei ei. t in the tiling ii the quality i» inheiont in matter. 'J'he ir ;hl t.i pre side is rxpiOs>!y c< id. nrtl by the otlic<*. Hid the light to enter the Senate :.nd to be pre.-ent at its dclibcTa t ior.s , which cannot be questioned, i3 inherent, not ex pressed—it is implied, because it is essential lo Hits per formance id the < dice, and without which the office could not he. ( no right to do, when then; wtiai pn» tains to his otTiee i-, also inheient; and theio can he no : doubt of his right to do itulies that belong to the cilice. ! U hat those duties are must be deuyedTioin the nalinc ut the < t.icc. and the general understanding nnJ usage. 1 2 be constitution cioales the \ ;cc President, ex of ' h :io • 1 ic-idcrit of tin; Senate.w 'l he right and duty of presiding in ihni body is iuterird truin liie wonts whicli cicaio Unit ot.icc. '1 he . act of presiding over a body ; whose doty it is to deliberate, to deb i'c and to decide ' on qnr-.ioiis o^ greatest inleiest, legislative, executive, j an 1 judicial, ri.unites that the body should be kept lice! ii'-m intcriitptton, cfnifusioo and disoider. It requires "i.I o; ih i iu its strict Parliamentary sense, should be '• •m.iotaii.ed. 11 is the rigid of protecting and pieser- ' ving the body itself. I< is a light without whicli I be regular aciion of the body could not he cairied on. i o whom does this duty belong, to fhe piesiding officer. 1 or the collective body, or the ineinbei?—Wh.ii was jn ! contemplation of lliose who created tim cflice? What ; is the general acceptation? What is the duty of all I iho.-o who, uoder whatever name, are called to preside over public bodies? Order is the first law of every ho 1 <:y, and he who presides, must preserve it — such is 1 >he universal understanding and usage with regard lo it. ° »1'C ronMitution l;as provided that when (he Presi- , dent of (he L-mted States is tiied on impeachment tie ‘ fore tlic Senate, the Chief Justice shall preside. What i l ights and duties docs this impose? Certainly it consti- ! t.ites him the head ot the ( oust, though not a member. ! lie presides over the Senate, conducts tlie trial, pro ! serves order, and does all other acts necessary to fulfil; the duty. On the trial of a Judge, that office would! devolve on the President of the Senate, who in !.!re ! manner would conduc* the trial, preserve order, inter- | rogate witnesses, take the opinion of the Senate; and 1 do all other acts pertaining to (he presiding ofliccr of the House, of which the trial of Judge Chase furnishes an example, in like manner, the President of the Senate mint preside in all legislative proceedings. Tiicrc is an equal authority and necessity for both, and no sensible distinction can be taken. Ju both houses i it implies the same duties. The Chief Justice would. ! under the right to ••preside,M cxeicise the power ofi preserving order, by a right universally conceded as indispensable to his duty, not by an express delegation, i or by virtue of any rule, but as a necessary incident.’] The President of (he Senate, in similar circumstances would have the right to exercise the same privileges;! aud the right to preside in all other cases implies the name means; and such has been the uniform practice in the Senate from the beginning—a power ncvci doubteu | hv the presiding officer—never questioned by ihc Sen ate. The Senate cannot be organized or hold its #cs ! 6iun9 until the President of the Senate is present, or I some one in his place. He administers the oath to the | other members; he puts all question*; but there 13 no' law or rule of the Senate for tins. It is purely bv vir tue of his office, call that power what you will. Mr. Jefferson, when he came to be President of ths Senate, had a just and cornpicheutive view of the dn ties of tho place. He saw tb it they did not consist in the execution of the few and simple rules of the Sen-! ate, hut that it required a knowledge of the whole sole jeet of parliamentary law, practice, and usage. He • therefore prepared a work from the best authority, for hi* or n government, and in the preface he explains his views, from which I read the following: “The Constitution of tho United Stales, establishing ! i fo/ u.:Jcr ccrta.a cu branch <>f it to determine ibe rules of it, mfl!s«TtCd/ngr‘ J ,c i’c,iate have accordingly lur In» efr,,lc'VA>r ,U OWI1 S“*c»‘inient, *>»it those »?* I* resident l ^/U'r ,C !SrS’ U,e-V ,lJVC> referred to then tii>ns of r 1 V* ' 'i*1 ‘^:'te, an*l without appeal, all qnes , • 1 ‘-r citlu'r under their own rule*, or when j • ohon^,Vr0nded.m"e- T,**« Haocs under the ion *, 1 ^ I,rCr,de"1 3 V,T «'«"»ivc lie!,! of dec is* ;l M,?ICl,’,rrf^UI)' excised, would have i *rful ‘Heel on the proceedings of the House.*1! | re-*‘e,*| inuit feel weightily and seriously this « m hdeneo ... h,s discretion, and thj necesaily of recur- ! f'* ‘,r 113 Sfovcn.ment, to some known , „les:’> \m. “I 1 vi 1 s, a ^ £C'-;'Vl,ich ,W «’«>» ‘'-no a ft or me ! sin 1 r'be fiSS*V<i r an'' Ml « <oJc uf'lmos " f‘,r tUu use “* "«« Senate, the crtW.ls oh1 order ,na> bo ^curacy in business. economy of time, tel "'h":"3; !M)d »nra.tinlr,y. > lie qiotos ftotn 11atscl lhal it is very material that order .lecencv t he preserved in a dignified hody ’* ' ’ , ,c*‘d Una to show the sense in which Mr Jctler-mu v?UJnr.°i lhe d,,tic3of tl,e «,lu:0- T1"s Manual Ut ‘ , Jcin rson. was never adopted hy the Senate, ft i. a booh convenient for rcfcicnco to the presiding oilu it ' Ue datly questions of order that are suh Ucd to his direction, in winch he finds the nth - 7 :'Cp ,a,VU bcc,J ""dormly aetc i u, in .his body. Thu I .lx l Jihaineiilaria is evidence of the «,*'l»iir|ia to and is consulted as a safe guide, pciliaps the best, t .r „q”V n?S Of,0rd,;r’ all subjects on which ! J,!' 3 1 !"!sI' ,,ul •>» the Jl're.idciU of the j l ,S‘,’f "ff l :'n.l,'orl,*v- -uid, like the writing of j :| e?t e"C‘d me“ CV, rV *l'»‘iact, « milled (o great re- i I'hc Fenate, with this hum presiding otlicer, and with ih f wc them, declare •that eve he decided hy the P.e dent shall he cati-,1 (,> (,r,' |,t. >1, sipenl shall have de|i imiiu .! nm.,? Of the juii'ihction of ; is no doub’; and if then: was eg a ted. I;m who l.qs the i • order? Ceil.duly the lhessd't said ‘-when culii'l ( >o,h ot these words lei.det-, i: clem intended. 15 --ides, the j. ,u :-i in c now cr in :t e . , l!; j light to cull to older, it is i thn;i:y, hut y right incident;:) tor light then (!:.;( of ilijj J\ t cons urient. Is was r..,t jiee rule w ho should exeici-e the mat belonged ol right, accord standing, to the oi!'.--cr clungc <!y, and is n duublfnl if nega lieu it away. * efthe powers of the ! •a jo act ice ol t.'ongrcs he 1 V <|'i» -lion of order shall i and “when a member ! all sit down until the lhe* w licthei U'1 I-. in order or ; ill qticslii ns e.f ardor there . lo re it is expressly del I t to call the members to •'ll, or the rule would have • i —the omission that the member was not I > mike i cits is a collec- • '* ■» sir *lc iricmber has a • * V I! ««IC of lie! CX J11 tl^S ail* t" his plflee. and no bet ‘~‘»11, and at most only e.-.ary to express in the right ot calling to older; ••’{I to the general unde r .1 to preside ovt r the ho t:ve woids could hale la l,ut It lb sail] can u.c Pic-JJmk assume 'lie high nous i c' , c‘V-,;i >a H-nrescntutive of a soveteign State to ojoor. 4-r u.,: Js spoken in dehaii? Wli) not? The ' \‘Ct' 1 °,ccteJ b_\ sill the Slates—the second oltiot i- of tl,e (Jove: indent—he is the head of this bodv am5 | res: ics over i . Dut if ho cannot call to order, h°u shall a Senator, who is only etpial to the other mc*nKers3 li.il it has hc. n uVjved that this U a most dangerous ’ power to c i.fei on the President of tJie Senate. Tha it imd.vt'S the irrclom uf debate, and the most 'acrnl privi!, ge ol the ...on her.,, &c. The r.gin to call to or , : ,sa ";<‘rc privilege. || is the power von nave already, I y your rufo,, conferred on the President uOC“iulS «»» h'.e qiie.lidn of order, u hen inside, that is naigeious, under u-hicii ho may icstiam the freedom ol Mci-aie. hnitheie is 1:0 datnfor any where. The lib « rly 11 speech,,lid the iM-cduur of debate are portedIv h!- i lH'3 are almost without limit. The ut rr.t'.-l latitude 0, remark arm animadversion, with regard to the prinoij U*h, measures and motive? rd tho o in poiv .1. i, allowed. i here is no limit but the srnse vf dc- ’ m-nm an! propriety. What violates the order of the hods and 11.ft urges the lighis of the Aiimbers, is,-,..ml iv vv t 11 known. 1 I am no advocate for abridging tin: freedom of de bate. 1 know .1 1, essential tu our tree institutions, lucre mm he no Iren govor nmenr long a itlioot it. We mav say ulrat we please ol ptinhomei, and public mens uier; lin y are net under the protection of the Sciialc. 1: is our dim t<i ? peak ut ami .1 is their chief security that We do bung every Unrig the li «d.t of dav. Suspn.ii ns and surmi-es of abii-e in the ad.nmis, Cai on, r.re infinitely more dangerous and morn dit-ad. i V by mi n in power, than open chrngt s mnnfnllv pre lei red; which gives them the opportunity ol dclondu. tnemselves and vmd.eating their conduct. I;, sales ft hasa most salutary elleot, it keeps both pai ties on the watch, and the people are safe. It i* when mem bers impugn earl, elhei’s motives and direct personal ah., c against, oath other; it is win 11 decency and de corum and order are violated, that he must interpose his autlioiity. In i!,i, he must cxeicist* a wise ami sound discretion, cni ghteneu hy ii,c bc3| 11 ages on the subject, i’or what u order cannot be defined by apt and nn ease wont’s. J 1 i he j mvrr 01 railing to order roofer, no power that ran benbu-id. It is merely conservative and minis',.. 1 r,!*l* The power to punish belong, under the Cor ,;i_ ! tnln.n. In the body itself; n the presidio"- otlieei should grossly violate the law and rights of the in,:m heis. if he should infringe the freedom of debate there is a remedy here. But I have no such fears. The chair would act tin dor a high sense of duly, in the presence of the Senate and before tire country. lie presides over the bo lv and looks down with calm and settled digni’v on tlTc ) scene below. He does not mingle in the debate, nor i eakh the passions engendered it. the conflict, lie f*eis that he is the umpire there; although he may he at the head <>t a party con'ending on the fk or; he throws tiff the pnrti/an to preside under the obligations of his duty arid the sanctions ot l;:s oath, with rverv motive of ambition 1 to do it impartially. To avail himself of (hat place to l serve the ptnposesnf a parly, either by overdoing bis! duty or refusing to do it, would bo fatal to him and Iris i parly. Wo every day tnist our properly and lives to i toe Court i»l .Justice; and although they arc composed of men connected with (lie political parlies of the coum try. they do not carry their polities to the bench. A!- ' most every eminent man has had his feelings enlisted, and perhaps Ins fortune identified, with one of lire great political parlies that have divided and a 'dated the ! country; many of them owe their elevaiii.u to ihc intlu 1 cure of the party to which they belonged. But I have ! never heard, (bat in any case, between individuals ini ihc most V idem times, that the F.rrninc had be,.,, sullied \ by political passions. Ami if, in a few ca-r ., in public' prosecutions, Ihc political feelings of the .fudges have ! led (hem into error, they stand as memorable examples ' of the judgment that awaits the ahuso of power. I have no tear of any mail who reaches that place, who must be in general a leading titan of a party. The public favor which carries linn theic: the hope* it cher ishes; the ambition it animates, arc Ihc security for his ! faithful conduct. " c are told that such is (he courtesy of the members, arid sucli the impressive dignity of the body, that no rules arc necessary to preserve order. It is true, now; but this calm may be dccoitfnb We have anient hopes and strong passions, contending, like other men. in the great struggle in which wo may unexpectedly find ouiselvcs, m spile of all our moderation and respeef, carried away by those verv feelings we depre cate. It istngnard against this, (hat I drsirc to arm the Chair witti a power which, bv timely interposition,; will prevent the occurrence of scenes bisgrtesf u. Ij the • -iicoalr; acd flowistbo prefer lima. i lie gout Ionian from New Yorli (Mr. \ a. ifM a d 'tmetion, when? there is no dilfe dMif.cl.ofi which i. .alai »o big whole nrgum: ■ says (he President has a right to « I. ovofy nse, except‘-/or «j; twtaf a 1 ,'t5!y cat' 1,0 cal1 «'* order in any case? . hc. r , iulo (hat gives liini the power. It must, '? by seine right iuherent in the office; winch . ,L . jjnire thjt* action of the Senate to bring it l .. X hat n iho inherent power of the office have contended. Having obtained a pow* . * . older, In.vv does he limit it to special case.;? lie establish a criterion between words spokc;t ver-ution, or any otber noise, which ioii rr . 1 I loosed 1 here is no such distinction in <■ mu l iciu is no such in nature; there is none in I' ... lory itf.ige. If the President has a right to ‘, 1 iM ’,hy case, it must be by viituc of some ru . .l . senate, or it is incidental to bis otlice. 'Hie n. not confer .any right to call to older in any case, u <n* formed evidently under the idea lhat that r . helot .o ’, of neoessiiy, to the presiding officer. ;• .. r .hi Cali to order in any case, it devolves on tn,.p> the authority; .and having shewn that, thrs r; a > oniiv the distinction lobe fairly taken, which him oi jurisdiction over any disorder created b* ; ru-' .pt ken. I^el us examine the rules. “No member shai' • In anrilhcr, or o|t:erwise interrupt the business.' Hot it be does, wbat is to be done? The gent .ay ; ha may be called to order hy the Pres. •: • I hough the rule is silent, and confers no auth." i;y I'im It will be said lie has the right, hy v I rice ji his office, to execute the rules; ar.d is‘r.'*t »i«. t r -. - folio rein? Hut the 7tl» rule, which he iscqwaS : • to execute, says—“ifn member he called Ic m i - ... ivoids spoken;’’ and yet in this ease precisely he has not, agreeable to the disimotion of the r m.m from -New York, a right to c all to order, disciimmalioii wbtiu theie u m» possible difToieru It he l.a-t any power, it is inherent in the office; ,t r‘\ tS,c and lic ,ias the right to execute - '.e ruiC, s’ must be to execute both rules. li ha., been broadly stated in the debatp, (hat .< «• :e no powers inhere nt, or incidental, or der-v • that there is no power in any department « t office tin government not expicssly delegated. Let us . ammo tlie c oructne.s of (ins doctrine. v> hence comes the power of the President in • I hat is nul delegated in the cum. •/'tut the lir--= t Congress, fresh from (he dis. Uuil iiolniiiii of, ai:d composed of member biLeii a leading j ail in its adoption, jealous of power n, re, now. it was determined, upon full argument, lb.it tlie power of dismissal belonged to tbe President •none, mid i be re lias been a general acquiescence in the exeicise of the power ever since. 7 bis was not tv grant Ot power by Congress. Tbe words implying ,t gram were stricken out of the bill, to insert.the w. 's !o recognise the power in the President, in contra-!,*, tmc'ioji to the Pjmident and .Senate, by whom ti c tiets ace made. It i-, a high and important pew •, ■ is a transcendent power. In effect, it throws the < [-.uronago into the hands of the Kxecum e, it g„ . > -* '-iric t con t ri . over the tenure of office, which n. instance is held at his will, us well as a certain 1■ rjicc ovei the political cpinions of (hose who ft!! th ... i bis power is liable to great abuse, and may become a ttemendons machine in the political conflicts oi \ cmmiM. It was, tor paiticular leasons, a necesv t. r.i.-r to bo trusted somewhere, to be promptly ex. ci-.nl when the public service itqiiiitd it. It to been foigutlci, or,- omitted in (lie c.institution. Tbe power is derived as a necessary incident to the ap pointing p..wc.\ V. t in every view, tbe pow er of dismi.,sal, in the hand of the Preside.* t cornir g into nf tice. i-- trie tor than the . iver t : appoint!!*, to thu. vac itictco ihatjiny arise by riafur. 1 c. uts. ...n: i tie Piesident i* t ninin.mder in ( i.ief ,-f the arm\ and navy ol the H. .Slates by virtue* < i whi* h lie mi. .t p. iform many duties ii.i idint to that station, cr ii.li. ie;:i in that office, ii •* delegated to hm.br lav. ; such as communicating with the enemy h\ a [\ ,'rt V; tablishing a cartel, making a truce, signin’*; a raj i'ulii-i tion, Mir remit ting the aunt and public property, l ;> it i i: *» private property for public vise, dictating the terms <ri *' the enemy may abandon a position, oreurrendei; and every other thing which pertains to the comman der by tbe custom of war; and these incidental powers run through every grade. The doctrine oi implication runs throughout the con. stittition, the supreme court having decided many questions upon this principle. They have, for exam p!o said “the authority to carry into complete effect the judgments of the court necessarily results, bv impli cation, fiom the power to ordain a„d establish such Courts. ’ Again—“there is nothing in the constitu tion ot the U. Stales similar to the mticles ufcoida derrdion, which excludes incidental or implied row eis ■■ And under tlie power “to make all i.eces^ s 1) ru.e-> tor the orderly* conducting of business in *aid courts,” they administer oaths, del,no contempts ac cording to their legal discretion, extending construc tive disrespect to their aurhonty to cases out of their presence, and even to publicaiiom; and they tryand pm.i h the offender. The authority has never been dci.ii I. It is essential to tbe couit, without the pew r r to punish contempt they would soon be conteinpli I;’*<'* 1 •l,ey cannot go back beyond tlie constitution to ■ ind power precedent, any more than the presidin'*' of* beer of this House to the liritish Parliament. What ts that sovereign, undefined, but unlimited power, which the President, by and with the advice ami consent of the Senate, exercises under theipoufr to make treaties, which arc (he supreme laws of tin; him:? under which he regulates commerce, a power expressly delegated to Congress; under which he makes peace, an incident of the war power; under which hr? extinguishes the claims of indemnity of our citi/ei.u upon foreign governments: under which he can esta blish the boundaries of the country, sin render titles to tcriiforv and acquire immense domains of land, and stipulate for the payment of the money. These powers arc no where delegated to tin? President by the consti tution. The power ia contained in a general deleira l:or» to make treaties. 7 lie power to make trcv.ic' would bn incomplete, and inadequate to the purposes >or which it was intended, if we did not l»y constinc [iun or implication, ascertain the meaning and extent ot (he errant. ‘■Cofigrrns have power to csfabli.-di post eftices and post roads.” riiiere is no express power (o carry i|,0 moil, but it is clearly implied, a; tl.c end for wLich tim pou cr was gi mted 1 lie power to declare war includes ti.o power to malic and c arry on wai. it confers the use of (ho usual means, and carries with it all die incidents, cir. cinnslariccs, nod cu-tmns of war, and embi aec s die mi litary accademy, tortiticaiious, and the tvhule system of defence. During the present rlhc c sion, principle* have I e*n advanced and doctrines a. -erted, whoso infi*: beyond the importance of ilie- present qu.-si • go to the foundation of the government, not to desf roi, tl».; beneficial | .-hv.tr of con;: inntil, ns unconstitutional, many importai jislalion, Illia:. l orn ? scried f'at lliere arc no powers not 'Xprer.dy ti. ; »nled; and if? great question which l :-s ;o long d:v;.Jed tic politicians of the c. tint- ! v.iif.h has been : o r ften decided hern, has bc.:i re • jewed in its ft,I .--t extent. There a ; rinciplc wni-.n Las sis fcur.lation in rhn wtur? rf Hugs, fend is or the c:-?:iica of a:!