Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-02-17
VOL. t2.-NO. 9s.


Nc spoke of him and his appointment in
that ght onIy.l Mr.. Forsyth said he kne w
not, as he had not been a Member ct thu.
Twelfth Congress, how far he had an a.
gency i'll producing that war. Such an a
gency would, In the eyes ofthe mt eman,
be CRIME in his eyes, Mr.. +. said, il
was no crime & he believed by the peo--
pie general ii was not regarded as Il crilu-
mai act Mr.. +. said he aid not precisely
understand the force of the gentleinan's all
fusion to his having darted straws thro' the
constitution SO far as he understood the
provisions 1T this constitution, he had scru-
Pulously obcyed its Injunctions. He should
90 50 with the same spirit of sincerity as
Tue gentleman from Virginia or any other
Sen!lem IN. The ntleman from V rginia
might have intended to intimate that the
doctrines OF Mr.. T. were con,r I'd Glory or
inconsistent, in regard 20 the construction
IT the constitution but to himself, Mr..
r said, 1t was sufficiently clear there was
no contradiction between them and tle
gentleman from VII gini4 must forgive me.
said he, for prefer ns my own julgmene
IL this respect to his.
MIR. WRIGHT was DESTROYS TO see q
spirit OF scrutiny prevail, but he did not
WISH TO see 1t unnecessarily exerjed. The
provision or the CO stitution -,hich had
neen quoted, he said,was intended to guard
against the Creation of Office, and tie in
crease OF emolument, by Members of Con-
gress, tor the b :uett of themselves. This
appointment. however, Cannot come with
III the purvicw of this provision of the CON.
s'ituuon: Did the treaty create the Office,
And, II 1t did, Was that the kind of Office.
walch the constitution had contemplated
he contended not. The terms of the treaty
did not Create the right. he argued, but
inPosea the obligation to appoint those
Commissioners. The Office TO which the
iaee member or this house was appointed,
he considered not civil but a ministerial
office, for the execution of international
objects. The President did not derive
from the Treaty his authority to appoint
those Com ssioners, but from the const
luton. The Office was made necessary
by The Treaty ;~but the obligation to make
tue appointment is imposed by the const-
tuition. The office was created by the CEN
sttuti' II the necessity of the appointment
was created by the treaty. But, even the
treaty was ratified before the acceptor of
TINS ofncs became a member of this house
and the emoument attached to it had been
neither diminished nor increased whilst he
was member. Mr.W. therefore express
sed his hnpe that his honorable friend from
Virginia, for whom he had great respect.
on account of his investigating
spirit, would withdraw his motion; and
that IT 1t was not withdrawn, it would nor
be agreed to.
Mr.. RANDOLPH again rose. and spoke
at greater length than we have room to-
give his observations. He said he did not
set up for the model of the gentleman from
Georgia or any other gentleman-he was
the keeper of no mans Conscience, the ar
bitter of no mans opinions. TIE consisten-
cy OF the gentleman's opinions, was his owl,
affair; but If they are what consider in
consistent, said Mr.. r. it is my affair, and
must retain my opinion, however reluc-
tant to think so of his opinions, &c. If the
gentleman from Maryland had succeeded
in convincing him that the appointment in
question was not an Office, Mr.. r. said. he
should certainly withdraw his proposition
but he had not succeeded. TIE words Of
the constitution are, " any civil office. nm
der the authority of the u. S." Ifthe an
pointment in Question be nor an Office, he
said he should like to know VIII It an Office
is What could the duty of Commission
ers De resolved into, if it was not resoiubie
into an Office If it were not all office, he
asked, what was it? Oficium--It had ev-
cry character Of sH Office, filled by the
S6uidi Npu>lituliOHAi power the aCCsDt-
anee ofwhich WAS incompatible with seat
on tnis Goor. The acccptor Of the Office Was
himself consc Gus he could net retain his
seat CT this hoor-he would have been very
glad, have no doubt, said MIR RI iotlge
OF cther men by no unfair crterion-h,. ..
would have been very glad to have held
his seat--tor have seennothing in the his
tory OF The gentleman, which leads me to
suppose he has any very violent objection
20 pluralites. Mr.. X. tFen proceeded to
reply to Mr.. Vr.ght's argument, and ap-
pea'ed to the older members of the house.
to the fathers in point Of aye, & D rsicular-
ly to the hon. gentleman from N. srolina.
oar. St 'n!ori) who he sad Was tn faiber
ottne house, as being the Oldest member
ne appealed 10 them Tor the ,ctrines laid
down in 1898, aad partioul rig by Mr..
Gaiiatin, then a memher from Peansylva-
MA, IN respect to the power and discserioE
residing IN the President and S.nate as %
the appointment dim nisters, SSc.--and stu
ted more amply his argumens in favor If
the enquiry in tlis pp tcuar case.
Ofher debate !ook htqee, which zge Iouc
moi roam 10 rrfioTt a, large ne con o,tlg
add, iH reshect 20 70. -that
Mr.. GROSV ENOR briefly ez mined
tbs case. lie did not incl,re 10 believe
that the constitutional DIRECTIONS e. tie ap-
polntncnt in question could b. sustaie ed.
This appeared to be bis general inores-
son: but, as there were greet DOUBTS or
tie minds OF some gentlemen, and he us
not himself Deff ely sat; ga "a q, tbD