Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-02-17

na' ms idea was, that the Office had been created
curing me time ior which the gentleman in ques.
n you nsd Deen elected to serve in this house
bnt The person named IL the resolve had beer
e'ecl ell To serve from the Ash Of March. 1915.
20 me Alb of March, 1877. ThsofSce whicbhe
mad accepted, had existence prior to the 9TH oe
harch 1915 or 1t IS not etcreated Either it ha,
no existence, or IL existed from the tlay ON whic,,
Tue tatihcatons OF the treaty OF peace were ex-
een~nseo-the ASth OF February, 1915. Iftlie of
cePtance or it WAS certainly no violation OF the
letter or spirit OF the constitution If Il was ne
cessary this house should act ON the l,ealy before
'he once mas being, then Peter b. Porter has ac-
copied no Office, the office he is SAID to have &C
SsPtec aavniS no existence. The gentleman from
,,ng ma sesin' 10 suppose, said Mr.. + that the
doctrines main ained by this house MS 10 The trea
" making power are adverse 10 the idea of the
ot;ce haytlg been created by ,het treaty Not go,
sad Mr. F--those doctrines are ns-Eectiy, con.
sistent with the idea that this office WIS created
oy the convention. Ii is not pretended that
Columiss!osers Tor any purpose of foreign inter
Course, as regulated by the treaty. may not be
created BY the President and Senate: an the
contrary, according, to my understanding the OF.
nee IS correctly created by the President and
senate, and entirety within their power. The
agreement Between the Two governments ;iss
certain questions should be settled by commis-
slohers, required not the sanction of ;his house,
balise TO make an appropr ton To pay them Ter
ther services Ii their services were to be CON-
pensated by any OF this house Which Peer b.
Porter had assisted IN passing there would be
some evidence eff violation OF the const tuition.
but no such fact existed, nor any other that was
snihcient to authorize tbs house TO enquire into
the subject.
Mr.. Raido,bh SAID, the honorab;c gentleunan's
dilemma, which he had so triumphantiy present
Ell 10 The House, carried OH its horns no terrors
Tor him The honorable gentleman ought 10 be
oDiged 10 nm, he said, tor having, by timely no
tee n tins motion, given him an opportunity I,
sharpen the horns of his dilemma They remind
CD nm, he sad, OF circumstance attending the
exhibition OF the bull fights of the Portuguese in
Their ancient and better days the horns of the
animal turned out were covered with leather
they threatened, but wounded not--and that j.
1he case, said he, with the horns with which the
gentleman makes full butt at me- Tire getnls-
man had said, that the Office TO which the late
member tom New-Yorls was appointed, has been
IN existence from the 18th day OF February last
OF, because the Houise has not dshnitively acted
en- tls treaty, the Office itself is yet in embroy,
ready TO be called, but not yet springing into
existence. Would the honorable gentleman from
SeofS u tel th;s House, and would he tell this
nation, that to appoint to an Office not in exist
ehce, and TO accept AN Office which has no exist
enc is,lo oitences On the contrary, Mr.. K.
ssio, = Tue yes vas Elt Eisl eqes thsp fPs
same Oft the fruits of the war, which wac concoc-
ted under 8is auspices, called forth the DECISIVE
interference and correction of this House. 81
| much for that horn of the dilemm2-that horn,
said ne, Thinks sa4Sed cgc---the ether viii
not remain much longsr. But this office
was created by the treaty. Does it therefore
follow, that it does not come within the purvleW
OF part OF the Provision OF the constitution which
| nave read There was not an instant ct time
4 = nix,
Il will, that the acceptor OF the oiice was not q
| member of this House Nj. here spoke OF
the precise time when the term Of service OF a
| new Congress CONNIE ed -mathematicaily ut
midnight Of the Sd of March /; politically at that
| moment the index of the clock of the House sea
back wards or forwards 10 suit circumstances,
! pointed to twelve O'Clock, &c. Was there mo-
ment, he asked, from the creation of the Office,
suppOslHg II tosIaye been created under the trea-
~, in which that gentleman was not a member of
| this House He would 20 farther, was not the
accep or OF the Office member of the House pen-
ding the discussion of the question, whether the
/ treaty should or should not be carried INTO eff
feet by a vote Of this House Mr. Z. was here
| informed, that he was notl 1 am mistaken, it
| appears, said he; reuact his inference-I do
not sayrecant il for detestal sors of cantnr,
and particularly re-cantng. If The office had
| been created by the treaty Of peace, Mr. Il said
! 1t did not follow that the honorable member was
| (f he might com word) a5potlfable 20 that of.
| flee IT the constitution forbade the appointment
Ola member 10 an office, The salary of which was
increased dhriug the tern for winch he was elect.
1 e fornOff the creation of the salary Constitutes
| tie same impairment. The gentleman from
Georgls had toid the House he deemed thi; en-.
! curry wholly unnecessary. Mr.. u. said ifhe bsd
Understood the honorable geuteman's aro-,lrnor,,
during the discussion Of the question lately ,Ie-;
| ded by this House, respecting the treaty. h..
| should have been led to behave, Chat Of an H.
members of this body, lie was that ,I,.,r,o- IN
4 whom the necessity of such ~ enquiry ,vo,li io
most obvious, and the propricty Of Il mus resi,.
| acknowledged. Mr. r. SAID, he was f,t -,,tl,
| out expectations, knowing the honorabi, gart.s-
/ mans lead IN this House, shat he would lie 4.
member Of the committee, il raised. and would
| have an oppor.uHty Of sbewmg much .,o-e "a.
tisfactoriiy than lie hid done tits morning az -
| tablishing, by facts AMI deducuoHs TOO. ib,t ,bo
| appointment OF Peer 4. r0fier was ~, Con-,
| iTlvent.cn Of the cCnsututon File er,f,,,,,
would doyeTy little harm, ~ any view. ~ &;
sad, that, Tor ono, lac was certa uiv rot rp,,rI,
| pe3tered with committee business, and r,i,s -.
| quiry should dcvoiyc on him, he should ents,y.n,
20 execute it TO tine best Of his capaciiv- H. ,.
| tanly would present report that would onbr,ca
| all the facts and he would endcavor m e., .
! even the law OF the case rs well 81 ne conld m
his hobbiing way---not being eyan jouTnesn,an h
| tue profession. II this enquiry was denied. Nr-
H. sad, he could easily come II his object in apo
ther way he had only 10 lay resolution on the
table, that such an appointment was e.obtrarv 10
| The proYiSlons ot the constitution. But IT. Ects
we're wanted, committee ought 10 be anro;nfe5
to get them. We ought 10 Teaeon f-o,,, f,ras -