Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-29
Congressional Register.
HOUSE OF REPRESENTATIVES,.

Mouf7y, December 10.

Es0dic on the bill for est0btiSkiRg Court
f9r me aJiuiica,;7r e. Prize causes in GER
tain ezses.--( Conei;acd.)
Mr.. Rodney had no great objection 10
striking ont the clause, because he thought
the bill adequate to its obje@ without it.
The eighth section lie obseryeG, estab-
lished principle tina, had heretofore been
considered of considerable importance,
viz. that . Judge shalt not receive a salary
beyond The time he continues in the ex-
ercise Of the duties of his office, The
committee had supposed il possible that
speedy and might be put t. ,hs war,
aud tasreupon corceiYcd il Unnecessary
% charge the treasury with the payment
o. the judges and Others compensauons
beyond the term Of service. re was him
sell much a"erse tn vestng in The Presi-
dent any unusual or extraordinary power !;
but he thought proclamation from the
President was al official proceeding PRO.
per 20 attract the attention &c the execu-
tive authority Of foreign nations 20 its sub
le6t matter. lie was the proper organ to
express the will Of he iaw and to give in
formation 10 those Interested. Although
IN all prsbshl;ty, the war will not conli-
nue long, he had 20 objection 10 tie clause
being struck cut.
Mr.. Smile SAID, If it had not heeh IN
the bill, the bill would have been well c.
rough without il but as il was in, l.e was
not inclined, through an uniounded lea
lousy, 10 strike it out. lie would ask zen.
t'eCacn 10 point "ut any probable ground
Tor JcaI0nsy If the President in tIe ex-r
f-sra <,E e.
granted, That the constitution furnished
no obstacle. Its injurttions in regard to
Judges holding their Offices during good
behaviour, extended TO the courts OF the
United States, within the limits octhe Sc
verai states represented on this floor. Now
the law itself cannot aH'e6 the person or
property ofany citizen within the United
States, and a. lis usefulness NAV sud-
denly cease after the close Of the session,
he did not see why we should -5,ibic4 our
selves TO q single dollars expcncc, which
might be prevented by the immediate
publication of the Ere sjdcnt's prcclama-
ton.
Mr.. Lucas was not governed BY lea
lousy q. the executive in oai;inr MS mo-
ton. The present executive possessed his
entire confidence ; but when we are leris.
ia,ag, we do no, ieg'sia,c on the conf
deGcc we have in The executive, hu, on,
those CT cuHIstances wEich are most ike
ly TO procure happiness TO our f.llo~-ciii
zens, ard secdrc thcir Ilbsf;ies on the basis
they have themselves established them
and my colleague will recoIiett that the
executive viii not always be filed by the
same person, ami that change of men
may produce a change G.; measures, If
the man is ,hestandsr,i OF Legislation; bu;
Il we icgsia,e upon principles, the priu
cipies will remain after tie persons who
Propounded them are forgotten. lie did
not consider tl:c inference made by his
colleague (Mr. SMILEY corre6e. for he did
believe the officers and seamen employed
in the marine of the United States were
particularly interested, ard that they were
citizens of the United States. lie ot.
served, upon the remark made by Mr.,
Rodney, that foreign nations would be
more likely 70 take notice Of the Presi-
dents proclamation than Of a Iaw--ITs did
not see that the President would be pre-
vented from issning his proclamation in
the event Of peace, if the abolition Of the
court depended upon Congress.
Mr.. &. Criswoh expressed jealousy
Tor the preservation of the constitution,
ard concerning the proposed regulation
~ enmiiy with one Of its mos, iinpo,tan,
iniunclions, he hoped it would be struck
ont, and he, for ore, would never give
his consent that judge, under the con.
s''n'ion Of the United States, should hold
the tenure ofhis Office by presidential viii.
Mr.. Southord differed with gentlemen
who thought the section violation orthe
constitution. The law itself crew ont Of
( the eXigency ofthe war with Tie Bafbsrv
powers, and it 80 expresses Itself 1t
therefore carries its own remedy with IL;
during the existence Of the war and so
long as any nation at war with the same
power shall consent or permit The United
states TO establish a Judge Of admiralty
within us territory, so long shall the Office
remain, bot no provision is made for lis
remaining any longer. Nor can the Judge
complain of the abolition Of his Office, or
consequent loss Of salary, because he con.
scnts 20 receive il upon Che terms or the
law lie considered the section PROPER
0ne' though not Absolutely necessary. If
peace takes place the President will be