Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-02-08

l Nlft .iofctsAs3iildtS snoaSiN - n -
! 70 prants the prayer Of the petitioners.
The executive Journal, IS kept only tor
| the psi,a,e ulc OF the Sena.e aed there Is
an sxprls rule TIA, extracts ihoald not be
given without the order OF ssle homie.
f,e,kuew OF no inhance in which they
| couldwith propiiety be claimed or given.
but il there were any loch, he begged
| eeaIsnan to point them ous, as tothe cafe
10 qucaion to grant the prayer OF the Pc
tirivn, would, nc iaid acininiAer the means
| Of aaalling the Executive Department OF
government. He conhcered the FIehcent
as in tome meafure, party tothe Excel
/ tive Journal, ard therefore an extract OF
it, ought not 10 be communicated WITH
out his ccnient.
The Senate ought TO protect the dignity
of that branch IN which they parslci-
pate.
The fuit now pending is on : mandamrs
TO the lecresary Of itaie. The fenaie
ought not 10 aid the Judiciary, IN iieir
invaGon OF the rights Of the Executive.
There could be no ule in giving zach ex-
tracts, and there might be mitchell.
Mr.. Morris, was mach IN opinion
with M. B. Iho.gnt that The rule rel
Petting the Executive Journal was wiit,
and that extracts ought not to be given
for trivial purpclss that ii might be
m,ars OF en- raalng the government and
leiIsning the reflect due to thofe who ID
miniiter ii. That he had no apprehen-
ion OF any fuch on the part of the ]udic'-
AIRY, he was perluaded they would treat
with due relpect the other Parts OF the 60.
vernmenr. But fuch attempts might be
made by others and therefore it was not
prudent 20 furnilh the means or 10 eltab-
li(h rule of which deGgring men might
avail themfelves for bad puipoies. For
theie reafons he was inclined to rejett the
propofed relolution. On The other hand
he conGdered the application OF fuitos
for evidence TO iupport his right as OF "a
very ferrous nature. A denial OF thar
evidence might amount 10 denial OF
juRice. He was not prepared TO 60 70
far. If in pcaliion of deed making
link in the chain of Tutors title,
the court might compel him to appear
and bring with him the deed, he did not
feel himielf juiiihed in uGog the au.
thority with which as Senator, he
was inveRed, for the purpoie of refufing
thar which another could righttully de-
mand, and oblige him by law, as private
citizen to give. That in the preisnt cafe,
the merits of which were unknown TO
him, it was pohiblc, as had been iuggee
ed, tina. other evidence might be produced,
and tho of inferior force, be validated by
the refulal of the Senate. Perhaps too,
the court might iiIue procc(s compelling
the Secretary TO appear and bring with
him the journal. 1t was equally Poiliele
that they might not think it proper to
iaue fuch proceis, or that the Secretary;
might relufe to anfwer, alledging bis duty
TO keep the fecrets of the Senate. That
if from tI,efe or any other caules, the court
ihould declare they could not do right be-
cauie ,he fenate withheld the evidence, he
fhsuld feel himfelf guilty of denial OF
iuft ce. I hat IN efett, 'he atlent OF the Be-
nate being prc.reqaidte to the appoint
ment of an officer, it might be neceasry
TO thew thar alIent when his authority
hould be legally queaioned. Il the Be-
nate refufe on the prefent occafon, where
the evidence is iaid to be necefiary to OBJ
tain the office, how could they grant IT
on another location, where it would be
necenary to preferve the office. On the
whole, Mr.. Morris declared, he fhou'd
reluctantly give his vote in favor OF the
Reiolution, becaufe the greater weight OF
reafon was in favor of 1t, and beciute he
could not anfwer TO the world, or 70 his
own confidence, the delay or denial OF jnt-
tice.
To I've continued.