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The national intelligencer and Washington advertiser. [volume] (Washington City [D.C.]) 1800-1810, February 05, 1802, Image 2

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executive powei d in a
governor of the territory, to be nomina
ted, and by and with the advice and con
font or the Senate of the United States,
appoiirted and romtniiftoned by tie
•he United States', or in cafe
of temporary inability of inch governor,
by a lieutenant governor, to be. appoint
ed and eonrmiiJioHed in like manner, for
each fp.-cud occalion : and the faid go
vernor liiall receive for his fervies the
Sum of dollars per an
l.nm, quarter annually out of
the tieafuiy of the United States.
Sec. y. And he it further enacted.
That no perl'oii except a freeman of the
jiid territory who is now a citizen of
d State;., or (ball be a native
bom citizen, who (hall In -.; attained
the age of thirty years, (ball lie capable
of the office of governor or lieutenant
governor.
Sec. 10. And be it further enacted,
That the governor of laid territory, be
fore he enters on the execution (fins
ediicr, (hail Solemnly Swear or atlirm,
'• th.it Ik- will Support the conftitution
of the United States, and faithfully exe
cute the office of governor of the territo
ry of (i ilumbia," And the lieutenant
rnor (in cafe one be appointed) (hall,
before he e*.teis noon the execution of
lof hi.; cliier,"*-Solemnly Swear
and aihrra in like manner. The gover
of the
aof the laid territory, (hall have
pown- to grant reprieves and pardons for
oil HOC* -• faid territory, arid
.mmillt )il alt oi
a territory, whofe appointments are
herein otherwiSe provided for. and
which Ih^l be eftabliflvd by
but the Icgiilatuve may by law veit
the appointment of any Inch officers as
they tiiinf: proper, in other perfon-;, t]
< epted. He (hull from time
Xa time fend to the Houfe of Represen
tatives information in writing oi the
Irate ol the territory, and recommend to
consideration Such me a (Vires as he
judge necelury and expedient. 1 le
,on extraordinary occuSioms, con
vene the Hoofeoi Representatives ; and
take care that the l*ws be faithful -
• I.
C 1 L. And be it further enacted,
It the judicial power Jhall be veiled in
prelent exiftmg court, a court of
chancery, and Such inferior courts as the
lature may from time to time ordain
•and eftatoliOl : and the Said legiflature
of the territory is hereby authorized and
directed to eftab!i!:i and regulate appeals
and writs of error from the inferior to
the Superior courts of the teritory, and
from the Superior courts to the Supreme
cenirt of the United States. The judge
or judges of the Supreme C«*.rt, and the
chancellor, (hat! be nominated, and by
and with the advice and confent of the
Senate of the United States, (hall be ap
pointed an' commiflioncd by the Preii
dent of the United States ; and (hall hold
the Said offices during life, unlets removed
by the Pi ie United States, on
the application of two Succeflive legisla
tures cftbe territory, between which an
election (hall have intervened. They
(hall, at dated times, receive from the
rreafury of t}i« United States as a com
; "illation for Service the Sum of
dollars, Wb'ch ftrdl not be diminiflied
during their continuance in office.
Sec. 12. And be it further enacted,
That no per Son fliall be held to anl'ucr
for a capital or otherwise infamous crime
Unlefs on a prefentment or indidiwent of
a grand jury, except in the militia when
in actual Cervice in time of war or public
danger. Nor fliall any peifon be fub
for the lame offence, to be twice put
opardy of life or limb; nor dial! be
pelledin any criminal cafe tobea wit
nefs "againft hlmSelf, nor be deprived of
hie, liberty or property, without due pro
if law ; nor (hall private property
be taken for public life without juft colli
sion. In all criminal pruSecutions
accuSed Shall enjoy the right to a
Speedy trial, by an impartial jury of the
vicinage, to be informed of the nature
and caufe of the accufation, to bo con
fronted with the witneffes againft him,
to have compulSory proceSs to obtain
Witneffes in his rivor, and to have the
affiflance of counlcl for his defence. Ex
ceftive bail (hall not be required, norex
ceflive fines impofed, nor cruel and unu
fual puniihments infiidcil. In all Suits
at common law where the value in
rintroverSy (hall exceed twenty dollars,
the right of a trial by jury, (hall be pre
fr.rvcd.
Sec. 13. And be it further enacted,
That no law Shall be made reSpeding
any cfta'blifhment of religion, or prohibit
ing the free exercife thereof; or abridg
ing the freedom of Speech, or of the
s, otherwiSe than by a liability to
private adion for falfliood in point of
i.\ti ; or abridging the right of the peo
peaceably to affemble and to peti
tion for a redrefs of grievances ; ne>r
(hall the right »f the people to keep and
bear arms be infringed, nor fliall a fol
io rime of peace-, be quartered in
am -,ute without the content of the
ir in time of war, but in a man
ner Lo be --Scribed by law. The right of
the y • fecure in their perfons,
bonfets, papers, mid efTeds, againft un
reasonable Scan 'cj and Seizures), (hall
not be violated, • ici no warrant (hall
iffcie, but upon probable caufe, Supported
»., oath o; afftiitj;ttifrtt, and particularly J
de'forihifig the place to beTearchcd, ?.nd
s to be feized.
Sec. 14. And be it further enacted^
That the country parts of the faid ter
ritory (hail not be taxed for buildings,
improvements or accommodations in any
town or city, nor (hall any town or
city be taxed for thole of another, ex
cept that the uoufes for the accommo
dation of the territorial government,
(which are hereby directed to be in the
City of Walhington) may be built and
maintained out of the treafury of the
territory ; and thoSe for the government
of n county or other divilion, by alfell
ment on the county or other divilion.
Skc. 15. And he it further enacted,
That for carrying this government into
operation, the faid territory of Columbia
ihall be parcelled into three eledoral
divisions ; the (hit division to contain
all that part of the territory, taken from
Marvlaud, lying '-ait of Stock creek, to
eled Seven representatives. The Second
divilion to contain all the- rehdue of the
territory lying ealt of Potomac river, to
gether with the iflatjd in laid, river Com
monly Called Ma lon's il! and, to eled I'e
veil rep'-efeiitativers. The third divilion
ntain at! that part of the territory
lying wefl of Potomac river, to eled
eleven representatives. And the. mar
fiul for the Said diltrict, having- firfl
giv< 11 days notice, (hall
canfe to be alTembled on the
of at fuch place in each divi
lion, as he ihall appoint, alt the free
white inhabitants thereof, of Twenty
one years eft* age, citu&tms ol the United
States, who (hall have rc'idecl twelve
uder months next preceding in the
faid territory, then and there to eled by
ballot Such a number of representatives,
as the divilion in which they then re fide
is hereby entitled to eled ; but no per
i'oii fliall bep-rmitted to vote out oS the
divilion in which he (hall then reSide.
And the Said marllial by himi'elf and his
deputies, (Summoning two jullices of the
pe.ee for each plaet of eledion, who are
rctpsired to attend for the prefervation of
pence) (hall hold the faid elections and
be judges thereof and make, return there
of to the P.efideut of the United States ;
which laid representatives (/.all oil the
after their eleilion.
at fuch place in the City of Welling
ton as the Preiident of the United
States fliall dired, then and there
to hold their feflion. One calender
month after the end of their laid fir ft
feflion, they (hail meet at the fame place,
or any other to which they (hall have
adjourned in the faid city, to hold their
Second feflion days after the
end of which Second feflion, Ihe preSeut
government of the Said territory, and of
all offices ami authorities excrciiVd un
der it, except the fudges of the pre Sent
existing court, (hall ceale ; and So much
of all acftsof congreSs as authorized the
organization and appointments now ex
iting, Shall ftand repealed ; Save only
that the corporations and charters, exilt
ing under the laws of Virginia and Ma
ryland, (hall remain in force, but fub
jed to fuch alterations a.*, the legislature
of the territory (hail at any time make
by law. And that the laid legislature
fliall make provifions for taking a cenfus
oS the perfons qualified as freemen by
this ad, and for the eledion of a new
Iloui'e oS Representatives, aocordingto
the fame, So be affembled on or before
the ' of at
which time the office of thofe Sirft eho-
Sen flir.ll ccaSe.
•£5" The gentleman who exchanged a elbak
at the laft Dantihy AffcmMy st Mr. Stcll'i,
may find hid own by application at the bar.
leb. I,IBOJ. . •
Charlottce Hall School,
SCHOOL will open on the Bth day of Ja
nuary next. The truftees at their quar
terly meeting, held on thc.-,oth ol November,
having taken iiro confederation the great in.
creafe ef the .School, and thinking; that the
moral conduct, and improvement of the pu
pils might be Left promoted by the refidtnee
pif the piincipal in the family, have induced
him to undertake* this duty ; therefore the
Rev. OEOROE RALPH, with proper ■ -ffif.
tariff, will receive hoarders, at Charlotte
Hall, on the term* hcrctwl'ore cftablifhed, by
the truftees, viz. 1. «. d.
Board, lodging, and waffling, 27 10 o
Or, by furnifhing bedding, aj per an
num.
The p^-ments, an ufr.al, will be expected
to be mr. c quarterly, and in advance.
Signed by order,
NEALH H. SHAW, Reg.
Cool Springs, Dee. 28,1801. aaw4w
For Sale or Rent,
I Two three ftory brick houfes in Alexandria,
completely finifhed, »n King and Columbia,
ftrect, with fundry valuable property near rhe
fame, pofleffion wher«yf may be had ironic
diately. Ihe fituation for the flour and gro
cery bufinefs is equal to any in Alexandria.
For terms apply to Henry Thomas Moore,
Aexandria, or to the fubleriber.
NICHOLAS VOSS.
Partnership Dissolved.
DOUGHTY & KING have this day by
mutual ewnfent diffolved their partner
ship, it is therefore requeued that ali perfons
indebt-.d to the faid I'IRM will make pay
ment to William Doughty, vrho is appointed
to fettle their accounts, and that thofe having
any claim will make application as above.
N. B. James ('. King continues the I.um
ber bufinefs on his wharf near the Rock
Creek Bridge.
JF«1». 3. ,-p6t J
National Intelligencer.
SENATE
OF 'JHE UNITED STATES.
TuKsnAY, February 2, 1802.
JUDICIARY BILL.
Mr. II ts, on "n-ientiiig the memo
, rial of the bar of Philadelphia, ob Served
j that it was not his intention to embarrai's
i the motion of the gent!- man from Ken
. nr.ky, by moving, in the pr*f«-nt (lage
<d the bulinefs, its reference to the coin
! mittce now propofed to lie dili'olved. He
Offered it, that the Senate having before
them the opinions of a refpedahle Set ~t
men, might be properly impr ll'-cl by
them. The opinions expreffed were
unanimous and w.-re (In ngty exhibited
in a letter accompanying the memorial,
add re fled to his colleague and himfelf,
and Signed on behalf of the bar by
MeflVe. Dallas and M-iv-an, the one
the attorney oS the ddttid, and the
other the attorney-general of Pennsyl
vania.
Mr. BRECKKtfniD-GK rbfe and obferv
ed, that it would be recolleded he yeS
terday gave notice,that he Hi uild this day
move to diScharge the Ceded committee,
to whom the judiciary bill was Lit week
committed. As ti.eie aie Some gentle
men (continued Mr. li.) now in the Se
nate who were not prefent during any
part of the difcullion which that fubjed
met with, I deem it proper to fay a few
words, as to its progrefs and as to the
real fituation m which it now Stand*.
Early in January, this diScuflion com
menced on a refolution go-tig to the un
qualified repeal cf the judiciary law of
the Lit leffion. After many clays debate,
and at the moment when the qucftion was
about to be put on the refolution, a mo
tion was made to transform it into a refo
lution for the 1 amendment, inftcad of the
repeal of the law. Thir, was negatived.
Tiie refolution was then patted ; a bill
brought in, and carried to the fei
reading, when another motion was made
to recommit it foaleS-d committee, for
the purpofe of amending- the Syflcm.
This was alio negatived.—The bill was
t'< 11 ordeird to its thhd reading, and on :
the queftion for its paftage another mo
tion was made for its commitment to a
deled committee, and carried by the call
ing vote of the chair—.ln this (ituation
it now reft-;.
During; the whole of the difenflion,
tbofe who were in favor of the repeal
uniformly argued and voted againft any
thing; like amendments. They over and
again avowed it as their opinion, that
they would not Content to go into any
amendments in the judiciary fyftem, un
til that law was repealed ; that they con-'
lidered its exiftence as an infuperable bar
to all amendments ; and that indeed the
only great amendment, which they wifhed
for at this time, was a i peal of that
law, the obnoxious tendencies of which
were, cancer like, to be only cert.*.in!y
removed by going to its root?.
On the other hand the gentlemen in
oppolition contended, that the law was
enaded St made with great deliberation
and wifdom ; that it waseSfential to the
due administration oS juflice, and the
peace of" the nation, and that even ad
mitting the courts and judges erected by
that law were ufeleSs and burthenSoine,
yet CongreSs had not the power to put
down thoSe courts and judges.
From this Hate of things, what can be
expeded from the labours of this com
mitter ? Can they on the one hand, for
ward the views of thofe, who carried to
a third rending a bill to repeal a certain
ad which they conlidered as fundamen
tally vicious, by attempting to amend
that aeft ? On the other hand, can they
forward the views of thofe who think
this law the .refult of experience and
wifdom, and moreoier faftened on the
nation by the conltitution, by attempting
to make radical changes in it ? Can they
in Short, from two fuch contradidoryand
oppoflte opinions, opinions at variance
in principle and not in detail, ever hope
to produce any thing that will be fatis
fadory to both li«!es?—They cannot, and
it appears to me impoflible that gentle
men can ferioufly exped it.
I Confider it, Mr. Prefident (continu
ed Mr. B.) as a great conteftonpHnei
pie, and not on detail. A committee can
n«t, and ought not to Settle principles.
On the floor of this b«ufe alone ought
principles furnifhing the ground-work of
legiflation to be originated and fettled.
Details only are proper from yourfeled
committees.—We cannot abandon this
queftion. It cannot be Coffered to fcfi
us, or be entangled in forms It muft
be fettled.— We muft on this floor meet
the plain unqualified queflion of repeal, j
And in order that we may be em.
|to do So, I now move you, mi", the com
! jnittee tei whom the bill was referred,
on Wednelday lalt, be i from
proceeding further therein—The; bill
will then be ready far its palfage ; and
the whole merits of the fubjed open to
dil'cuflion.
Mr. Dayton faid he would not liavs
rifen fo loon in the di
ber from Kentucky been more i
the information he h
It mull be recorded
trary to the gentleman^ Statement, that
her the firft, Second cr third motions
made on the fubjed were the Same. The
Cm It motion was to revile and amend, in
stead of repeal, the act of the Irdt feflion,
and was negatived ; the Second was for
reviling the whole judiciary IVfteni, and
connecting therewith a provision Sor
the judges, which had been disapproved
of by owe honorable gentleman, and alio
negatived ; the third ib far differed from
the Second, as to he agreeable to tiiat
honorable member, and was agreed to.
A committee was appointed.—He recol
lected the anxiety of the friends of the
honorable member, and of the honorable
member himl'elf, at not being one of the
committee. lie was foirv his anxiety
had produced the extravagant proportion
on the table. Is not the gentleman's
ambition Satisfied. He might have been
Contented with the agency he already
had in this bufinefs. Ile had already de
livered two Speeches, that hud been lilt
ene<- to with attention.
Gen.leinfn had in the fhft Stagi
thrs bufinefs been permitted 10 taka 'heir
own cennf ; while- employe! in the holy
work ofdeltroying the conftitution, they
were fullered to go on, until their couile
was arrcfted by the reference of the bill.
He would auk, if, when the Sttbjed was
So referred, for the purpflfe of reviling
the whole judiciary fyftem, it was pro
per, wife or decent, to dil'e h >rge the com
mittee, without their afking their dif
charge ? He trufted a majority would not
Ue Sound to Sandion fuch a Itep. He
trulted -sue at lealt, perhaps many, would
be found among thoSe in favor of a re
peal, who would vote againft difcharging
the committee. He trulted that ar<
to appearances would fave them from
Sandioniag Such a procedure. The com
mittee had not been inattentive to their
duty. No Such thing was even (Viggeft
'd. He trnl'ced, therefore, the propoli
tion would be frjfded, and that in its
adoption Would not be found a pradical
comment on the conciliatory recommen
dation of the Prefldent, which had been
echoed by gentlemen cm that tide of the
houfe.
Mr. &OSS Said he had long had the
honor of a Seat in that houfe, and this
was the fnft time he had ever heard a
motion for the difcharge of a committee
unlets by a member cd' the committee it
lell'. And what :s the realon alligued ?
Difference of opinion on principle. With
whoir existed tliis difference ? Surely not
with one political (idedjftmguifhcd from
another. — For we had juft heard the opi
nions of gentlemen of high talents, and
ol firm adherence to the Sane politics as
thole of the honorable gentlemen, Hating
that the fyftem is fufceptible of amend
ment ; and yet (hall we Say that it is not
fufceptible of amendment. Are gentle
man prepared to decide inftantaneoufly,
without information, againft opinions fo
refpedable ? Surely this would not be
legiflatingwith accuftomed caution. Are
gentlemen prepared to fay there is no
middle ground 1 The wifelt men delibe
rate the longeft.'—Why then not wait
until the committee report ? Hear what
they offer. If had rejed it, but firft
hear. What appearance would this Ratty
procedure prei'ent ? One day the X
are equally divided, and by a caution and
moderation, not eaiily forgotten, the bill
is referred- Afterwaids, though opinion
is (lengthening on one Side, all modifi
cation whatever is rejected, and the fub
jed is brought forward for a haily deci
lion. This Ml. Hofs did not think wife.
He hoped the houSe would proceed cau
tiously. He hoped they would not pro
ceed by rapid fteps to a point that might
be attended with Serious confequences.
Mr. Bukckknkidgf.. It is laid that
what I have done (hould Satisfy a mo
deft man, and that my amiiition
(hould be Satiated, lint, what ambition
can I feel ? What profpeds of ambi
tion lie before me, in propofing the re
peal of this law ; when inltead of open
ing profpeds of office to me,.the effect
is dircdly the reverfe by destroying
thole very qfHces ? No, fir, my ambition
on thh), as I trult it will be on all other
occalions, is to put down a Syftem fun
damentally pernicious. I have ltated
the grounds on which I deem it So, and
J am ready to meet the Sentiments of
my country.
We are now told that we are to fuS
' pend this bulinefs for a fhort tim„* to
(top us from Sealing the death warrant
of the constitution. Let me tell thefe
gentlemen, whatever cxpreftions of ter
ror they may make, that they pals by
my ear like the wind, and leave not a
trace behind—Where is the precipita
tion talked of? Bid not the dilcuiiion
originate on the Bth of January, and
did not the bulinefs travel as flow as
it could ? Had wot gentlemen acknow
led red it had been fully and deliberate'
ly di feu (fed ? He knew but one fubjed
which had been So fully dife nff :1. V\ hat
can this feled committee do ? Have
gentlemen answered my arguments on
this point ? If our opinions on the con
ftitutionality of the bill are fo various
and contradidory, what can we exped
from then i committee butde
lay I J am Sure, therefore, gentlemen
are n hjjn they profefs an
report will !'un,i!b
a pla ition. The princi
re.
red leave to j..
tion, tl :it made by the |
honorable member from Kentucky as
fad was not fad. .1 lalf of it was true ;
entlemen had faid we will liften to
no amendment, we will have a Simple re-
But it was not true, that this
fide oS the HouSe had declared the fyf
tem was pure, and admitted not of
amendment. It had, on the contrary,
been ;•• knowledged by every member,
that had Spoken, to be capable of im
provement, and gentlemen had been
upon to point out the defective
partf.
Hut, fays the gentleman from Ken
tucky, we will have no modification of
the bill. Is that gentleman then the
beeper of the confciences of half the
Hcufe, and the other half too? This is
v degree of prefumption I never before
I of—that helhoulu get up and Wiv,
that noth%g could be offered which
would be approved of. Mr. Morris be
lieved a fyilem could be deviled better
than either the old or the new one.
Nay, Mr. Morris Said, he would ap
peal to the language of the gentleman
himhlf, who had told us that after ail we
were content to repeal the law So that
we Spared the judges. Did not a mem
ber from Gonnedicut declare, that he
had voted againft the law l"ft feflion,
believing it then, and Still believing it
to be a bad one. Jle could go on ci'
every member, that had Spoken on hL
Side, to the Same effed.
Mr. BraCKKNBIDCE replied, that
the gentleman '"'lt up had imitated what
he had faid, and built all his observa
tions upon it. He appealed to the
Houfe, wli • her he had not ftated in
fo many words, when he made the mo
tion to-dar, that all the gentlemen in
:he oppolition Gad during the whole
•ourfeOf the difcuffion., contended, that
die courts and judges could not be put
I He had net faid, that all the
-rentlemen in the oppolition wen
•d to any amendment in the fyftem ;
lud therefore, there was no poflibi
if the committee's forming aire
;o meet the willies of both Side's of the
Hottfe.
Mr.Coctcj^^^^Hhc mo-
_ Mr. S. T. Mafon faid, he had thought
his friend from Kentucky had Stated
grounds, that would not have
treated fo rudely and abruptly by til
gentleman from New-York, who hac
(6 fternly reproached him with the
charge of prefumption. His friend hat
dated truly, that the quellion was repeal
o.r not repeal » and it was on this quel
tion, that the ILuife had fo often decid
cd. As to the idea of the gentletnaj
from PewuSylvania, that to difchargv the
committee would be indecent and mi
proner, he really did not fee in wha
poflible light it was fo. Committees
were the mere creatures of the 1
even the committees of the whole, am
nothing was more common than to dii'
charge them. This h«d been often done
and yet no complaint had been
heard of it.
[Mr. Mafon here cited an inftance in
Senate, where two members of a com
mittee of three were prepared to report,
when the third member, who was againft
the report, on motion obtained thediit
charge of the committee.]
Mr. Andehson faid, as he was one
of the feled committee he thought it
his duty to inform the Houfe, that on
his making enquiry, he found it had been
determined by the committee to admit
of no amendments to the fyftem, that
were not conneded with a provilion for
the judges. This fad would enable the
Senate to judge what profped there was
of airport thai would be Satisfactory to
them.
Mr. Datton contested the Sad, and
d<-<.hired, that though one of the com
mittee he had no recolledion of it.
Mr. Dayton then went fomewhat at
large Into the fubjed of reference.
Mr. AndKHson replied.
Mr. Tkacy obferved, that in his opi
nion, Sew committees had been railed
for more important purpofes than that
now propoSed to be dilo-harged ; it had
been railed Sor the purpofe of coniider
ing and reporting Such amendments as it
would be expedient to make to the wl ol«
judiciary Syflem of the United States.'
They had Sat but a fliort time ; too
fhort, he conceived to •' c prepared to
decide on the objects Sor which they
were appointed, with Sufficient delibera
tion and maturity of thought. What
light has been (lied upon the fubjed Rnc<
their appointment to alter the courle of
proceeding then marked out by a consti
tutional majority of the Senate ? Tt> pro
per then, is it not equally proper now
to aim at a plan of accommodation ? No
new arguments have been urged. Are
gentlemen determined at all events not
to change their opinions ? Tj,j s would
be improper. Daily inftances occur, he
hoped they always would occur, ami he
was fure they would occur in proportion
to. our delire of imbibing correct truths,
of our altering our ©pinions. It will be
recollected what fell from the chair or
that memorable day, that if the object;
rleiium appeared to be delay, it
I wot be permitted ; but \wben the
Houfe was nicely balanced, it was defe
rable to give an opportunity to til
who delired to devife a plan of accomn
lation.
Are gentlemen Sincerely for making
the pi in as unexceptionable as poflible :

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