Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-02-10

ment 10 ciliee. or the ratification OF a
treaty, when the faet is otherwiie, end
where but TO the journals OF the oehats
can We reiort To corrstt the error. It's.
poill.lc cafe that PRECEDENT may aiiume
the right, in O poftion'to the opinion Of
the Senate, to make appointments 10 Ct
ase, and ratiiy treaties, and thali Il be lad
MS commiilion or proclamation is 10 be
admitted as roncluiiye evidence, which
cannot b, oeeaioned, and in that way
esade The conifitutian? This would &c
giving 10 the PRECEDENT high Prerosativss
indeed it would be investing him via
The abiylute power of appointments, ano
declaring that his proclamation ihali be.
The fupieme law of land. The conmiiiion
of the Proficient is undoubtedly high evil
dence az he appointments to office, and the
proclamation OF the ratification OF atreafy,
but Garnet be conclufve, becaulc the coz
flitution has made the advice ana con!tnt
OF the Senate pre-requifse and indliperiil-
bic to the validity Of the appointment or
ratification, and nothing can come IN place
Of il. A rejetiion OF this refolutlon Will
be denial Of right TO an individual, and
under any government would be conadeF.
ed as an arbitrary, tyrannicai act. Ondef
'hele impre!lions he fhould give his vote
in favor OF the refo,u,ion.
Mir. Ogden ohlcryed, That there was
no rule in {ociety better efabsilhed, than
the one which denies to an individual tire
right Of Withholding his 'eitimooy, whe1
required TO give it, in court OF law,
upoo the prolecution OF a legal fult. That
this rule hal no exceptions, ii the honor
or ingcreit Of the witnefs would not be
compromised thereby.
That the prefant was decent aPpljca-
tion TO the Senate, for the evidence OF
fact, in their power TO give, and upon
which fir at Jaw had teen predicated
Tha, the petitioners, by applying tor a
copy OF The executive journal, had poriued
the only oGih. c mode Of obtainiug thiscvi-
deuce: That parol evidence Of she con.
tents of this record could nor be admitted,
neither could fnbpmna caufe it to travel
cut Of the Office to which il belongs.
That although executive bufnefs Is done
with cloied doors, yer there is 70 rule
rhat the Journal in queitlon fhonld be KEPT
fecret that il was open 10 infpettion, and
thar there was nothing TO prevent the Sc
cgetary from giving the copy, but the rule
of Senate which requires that leave lhould
be firft obtained.
That no reafon had been given, which
was iatisfattory to his mind, why this
leave fho2ld no, be granted.
That he would not delay the Senate,
by aniweriag luch arguments, as had been
adduced 10 prove that the evidence would
not be admitted, ana that If admitted,
would no, iopport the fuir, becaufe, the
court, bciore whom evidence might come,
and not the wirneis, is alone competent TO
decide fach points.
That it was not true, as lad been
aztsd, that no cafe would arife, where
fuch copies as are now required, ought to
be allowed --fuch cafes had been put, and
the poa important rights OF the citizen
depend upon fuch teitimony. That upon
qno qva,raato, whereby the right to Of
a:iasc as i judge, altho' at4ing under a
ccmmiiion, might be called in quefiou,
fuch tefimony would be allowed to go
forth, if it would prove that this Senate
had never adyifed or conleneed 10 the ap-
pointmens Of fuch Judge.
That citizen might in court oflaw
deny the proclamation Of treaty to be
the fnpreme law of the land, and prove its
nollity by fuSh tefimonY, if il would
thew that fuch treaty had been negatived
by more than one third OF the Senate then
preient.
That if fuch copies might be allowed
for evidence in any cafe whatever, il fol-
lowed, thar It wnuid be proper TO alIsw