Jenks' Portland gazette. Maine advertiser. [volume] (Portland, Me.) 1802-1803, 1803-02-28

into fads NUT reiound 70 bis honour.
Th1ie WHO offer this refo.u.ioa, ieeul 10
think otherwf-. But | ak, are they
prepared by their vote 10 declare that
opinion : Is there gentle
nan in this Senate who. when the yeas
and nays are called, will record his o
piu,on. that, the digairy Of our Pref
dent can Only be prsferyel by withhold
inE th. evidence Of fa9s
we have been told, Sir, BY an hon
orable manner from Kentucky, (Mr.
Breckenridge that a RICHIE TO examine
implies a right to correct and coutroul.
This pro2oligion has been frequently
advanced on different occaflns. I
nsvcr notitel it, be-lufe it appeared TO
carry within itfelf the futficient evidence
Of il, fallacy but face il is now again
produced, It MY Be well 10 give X one
moments notice. a right to examine
whether we agree 70 a CERTAIN ref5lu
ton. implies, it feems, right to con
trout our conlu9 1t n ~ be queC.
ton, in an inluraace caGle, whether
damages was fultained by a violent
wind at fea. Does the examination in.
70 tha, fact imply right 10 command
the winds and The leas [! Does the en-
quiry whether chip has perilhed in the
fl0rm, Imply the right to correct and
coutroul the Almighty ruler of forms !?
We have been told by the member
lat up. from Georgia, that the evi
denre sfked for bY th9 petitioners is ufe
l-fs, becaulc, although the Senate may
have approved Of them As oiicers, up
Or The PreGdent's nomination, yet it
was IN the diicret'on If he ? elident to
make or omit he appoin ment, which
alone could confer. A r. sht. That gen
t'eman (ecs1s 10 Be perfectly acquainted
with the caufe which is dep ending. H
knows precilely what proofs needful for
the proiecutor and deeming that which
he ak for 70 be inefficient, thinks pro-
per to refufe it.
1t appears to me, Sir, that this Sea-
are IS not the proper tribunal, ether TO
examine the merits Of the caure, or the
validity and weight of evidence thele
are the proper fubjefs Of enquiry elfe
where. If we adopt the gentleman's
rea(oning, however, W. PREJUDICE he
caule AID I haH Be glad 70 know, if
this practice Be adopted, what caufe can
exit 10 which a like refuf2l may not be
made. A ellen; is adviftd BY his coln-
fl TO apply TO Us for evidence in our
power, as ne-dful to fupport bis rights.
We refuie. becauie, il our opinion, that
evidence is not alone faficien,.
Bot the fame gentleman has told Us
he wasid not eRatli!h any general pre-
| cedent-He would always Judge Of the
particular circumaancc and under
the particular circumstances Of this cafe,
he would withhold the evidence slked
for But will not this eaabliih a gea
eral precedent? How are precedents
e}abifhed Is it ufual FOR Judges to
to make deciGons for the Special pur-
pole of becoming Precedents ; No fuch
thing. They give judgment in cafe
which becomes before them, and that
Judgment becomes 4 precedent forlubfe-
quent cafes turning upon the fame Prin'
cipie. | ibal he glad to know then,
how diiin6fou is hereafter to be taken
between this and other cafes. Here is
a luit pending in court Of juaice, and
one OF the PARTIES applies for piece Of
evidence which be is aGyiea is material
TO e9ablilh his right-you refule il =
When in another caHie, another party
fhall apply, on what ground viii you
grant thar which you now refcfe VIII
you again PREJUDICE the caufe, and give
them Il, proof bscaufe you deem it
fuaicisnt 10 carry the caule
| Mr.. PreGdeat, one word more on
ihat uaity Of The Executive which the
! gentleman laa up is 70 much attached
10. AlIho have al eady ip ken ion
| ger than | intended, muR pray one
moments attention. That honorable
gentleman thinks there lhould be per-
fsa unity IN the Executive power. The
diviiion oft is inconli!lent With bis ideas
Of good government, and, therefore, be
would admit Of no enquiry as to facts
which may have happened in the courft
Of executive vciition, bit give full Gre
dir to the CONDITIONS and proelama
tons ofthe Preiident. Thefe ideas, Fir,
conlilt we'll with monarchic inRitntions
Our fovereign lord the king, is indeed
pofehed Of the fullnefs of executive
power, and may exercife it at bis plea.
iure ba1 as 10 our favereign lord the