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

my Of the Pretdent, or the hoiioi u 'ie
ooyeromens. That our Judges were an
Independent branch, ADD no Peiiibe pc
sanption could be admitted, that ihcy
would do wrong, CIR tTanieen'i tile'f Ju-
f,ldiefion, and thar he'lhoald, d.efeiofe,
with peat clearneiS vote tor The reioia:i-
on on tie table.
Mr.. Iacklon Eaid the Executive Jour
nsls ough, not to be given 10 any af.pa-
Giants, much le(s 10 thsfe.
Eie conGaered the whole as an attempt
10 injlnre The Executive. The applicants
bad process before the Supreme Court, and
let them get along with IT as well as 'hey
could, if they coOid obtain dsc'hon %
Cours in their favor, let hem make me
mo& Of il; he hoped the Senate woaie
not interfere in il, md become parry 70
az accufation which might end IN an IN
parchment of which the Senate we're tie
conititutlonal judges. One cafe he wouia
agree might occur, when the Senate mutt
give up their Executive Records, and eye
~ thing elie required by the flouie OF
REPRESENTATIVES, as evidence to iupPot'
an impeachment their call would be om-
nipotent in his opinion. But he though'
The comm;iIion OF the Proficient was me
only evidence OF an appointment, and IN
all cafes concflhvc. And he would ne.
yer lend his aid o fet the Judiciary a
aove he Executive. Let the applicants
inform the Houfe OF Representatives, II
any officer Of the government hath injur-
&c them, and procure an impeachment,
if they could, this would be the proper
remedy.
Mr.. Breckenridge. He faid be had
COZ fappo6ea he quei2ion would have been
70 tftongIy contended. He thooght fluff
Gent reafons had been i9ated in the begin
n.ng tor rejecting the Telolution. But ar
guments had been brought IN fupport OF il
which required fome notice. It had been
i}ated that extracts from. the Executive
Journal mighf be neceilary topIove the
right Of an officer TO his Office. This wss
uniounded. The commiiiion granted by
the President was full and complete evi
dence of the authority granted to the of,
6cer. That il mutt always be preiumed
the commillion had been granted in the
manner prefcribed by the contribution.
This was confluence repofed in the Pre-
ii1eni by The theory Of our confirmation.
That it mu.e be preiumed the Pfelident
viii 90 right. That commiflion from
him continues an officer nor only De faao,
Dat dr jurf, and is 10 rs nature 10 con
cIufve, that no court could enquire INFO
the validity of II. Thar the contrary III
linua,ien is defogasory TO his dignity,
which the Senate are bound TO protect.
That the Senate lhould nor coantenance
she Judiciary in their attack on the Exc
cutive Power, which is mot contribution
ally an1enable 20 tbe Judges. That the
cafc which has been relied on as 70 trca-
ties was 10 It's nature fimilxr, The tuii
evidence was contained in the prehdent's
proclamation. 1t was to be prcfunled that
he had not ratided treaty without the
content Of the Senate, and therefore full
faith was 70 be given his proclamation.
That it was dangerous to countenance the
pretenGon let up by the judge, to examine
into the conduct Ok other branches OF the
government for thar if they had right
to examiat, they muR have, as a neceRa-
ry incident, the right TO fontr0u! the other
departments OF government. That iach
right was inconhitent with every idea OF
good government, and maf nrceiiatily
degrade thofe branches which the judici-
AIRY fhould thus undertake to dirett. The
pgelcnt flit WIS, therefore, leyclled at the
dignity Of the irlf Executive Magi&rate,
and as he thought the Senate bound to
protest that dignity, he fhould vore a
gainit the rcfoution.
10 be eanfisaed.]