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


vera straw, viii in tSat way soon learn ~ Jump
IS we say in the Southern country, over ten rails
md rider. AS y fsnse rocad ne purity 1t his
house, he SAIL ,as part of the constitution OF
little or no vaue--he considered il OF NONE, and
rather worse than none. The warnings Of Fat.
rick Henry and George Mason on this article Of
the constitution wete yet ringing in his ears
This clause, ic said, was stalang horse, put
into the constitution, as it there was some guard
set against the appointment OF u member OF the
hcuse by the Executive 60 ofhce-AsoIne guard a.
Gairst the establishment of Executive ind
over this body. There is none, said he. his az
good defence q. fishing seine would be n
gainst constant shower OF rain. You may dart
straws through it--and the onorable members
from N. York and Georgia have amused them
selves with oarting strays through it. twas so
easy athing, he said, to put new men in old Of.
fees, and old men in new, that the only thing
that astonished him in this business was, the in
sleceney of the appointment Of such a man 10 such
an Office, in contraventirn of the constitution
such man, he said, for he had he honor of SER
wing on the committee of foreign relations with
him during the session which ended in the de-
claration Of wharf.-the gentleman had been at that
time chairman of the committee OF foreign re
lations-bu, he had vacated that office Mr.. r.
said, be had nothing to do with that honorable
gentleman, except in his public character as a
member of this body--und, Knowing the agency
which hc had bad, at least at the eleventh hour
he returned 20 the war-feastat the eleventh hour
knowing that agency he had had in bringing a..
bout the war, he was only astonished, when he
considered how easy il Was TO get in, over and a.
round this provision of the constitution, at the
indelicacy which it has been violated in this in-
stance.
Mr.. Forsyth said, he regretted that the gentle
man from Virginia, should have supposed he had
comcto the house with his horns sharpened TO
wound him. I had TO such intention, said MIR.
F.-whilst continue member of this house
with that honorable gentleman, all that expect
is to escape has horns. Mr.. +. SAID, he had no in
tention to say that an appOintmsr 20 an Office
not created, was no violation of the particular
section of the constitution which the gentleman
had quoted. Tl:> enquiry was limited in its OBJ.
Ject, and if shew to the satisfaction ofthe house,
said Mr.. F. that their was no violation of the
particular article Of the constitution, whether the
office was or wasrot created. my object is answer
ed. The honorable gentleman had said enough
TO shcw that he was mistaken in the facts which
had induced him to submit this motion. The
gentleman seemed to suppose that the late MEM
Der from New-York had been member of Con-
81 ess at the time ofthe ratification of the treaty
OF peace. But he was not at any time NJ ember
on the 18th day of March last, a day posterior to
the creation off the office, the office were at all
created.
WITH respect 20 tie observation respe citing the
seiectio.i of such man, Mr.. observed lie would
say nothing the appointment wss before the Eco.
pie, for them TO approve Or cnn3emn--and tie
trusted their decision wOuldnot be influenced, or
at all affected by the observations Of the gentle
man from Virginia. OF General Porter, Mr.. e.
said, he knew nothing, but as he knew him le,e
--he would, he doubted not, rs we'll discharge
the duties of his Office as any gentleman who
could have been appointed. Mr. Randolph,
here explained. He had said nothing of the mo-
rsd character of Mr.. Porter He had spoke of
him as one of the agents i'll producing the wsr, &
as being now rewarded by the fruits of the peace
Only,l MIR. Forsyth said he knew not, as he had bad
not been member ofthe Twelfth Congress, how
far he had an agency in producing that war. Such
an agency would, in the eyes Of the gen,lemaa,
be crime; in his eyes, Mr.. F. said, it was no
crime, and he believed by the people gensralfy it
was not regarded as a criminal act. Mr.. F. said
he did not precisely understand the force of the
gentieman's allusion TO his hating dsried straws
through the constitutional far as he under
stood the provisions of this constitution, he had
scrupulously obeyed its injUnctions He should
do SO with the same spirit of sincerity as the gen
tlenan from Virginia, or any other gentleman
The gentleman from Virginia might have intend
ed TO intimate that the doctrines of NJ + were
construction of the constitution: put 10 himself
Mr.. +. said, If was sufficiently clear there was no
contradiction between them; and the gentleman
from Virginia must forgive me, said lac, for pre-
ferring my own judgment in this respect TO hi
Nlr. WTie hi was desirous to see sp r.t of scru-
tiny prevail, but iIe did not wish to see il unne.
cessarily eXerted- The provision of the consti-
tuition which had been quoted he said, was ini en-.
ded toguard against the creation of Office, and
the increase of emolument, by members of con
Eress for the benefit of themselves This APP
pointment however, cannot come within the pur
View of this provision of the const tuition. Did
the treaty create the office--and If it did, was
that the kind of efiice which the constitution had
contemplated He cUntended not. The terms
ofthe treaty did not create the right, he argued.
but imposed the obligation 70 appoint those Com.
mssloneTs. The Office to which the late men,
Der Of this house was appointed, he considered
not civil but ministerial Office for the execil.
ion OF International objects. The President did
rot derive from tic treaty his authority 10 an
'oiDt these eomrHissoners, but from the constitu-
ion. The oficeWss made necessary by the trea.
y; but the obligation to make the appointment
5 imposed By tIe constitution. The Office was
reated by TIC colfstitutUn tho necess Nv Of the
appointment was created by the treaty. But e
zen the treaty was ratified before the aeceptor
IF his Office became a member Of this house -
nd the eynolument attached 20 il had been nei-
her diminished or increased whilst lie was
member. Wr. w. therefore expressed his hore
hat his honorable freud from Nrg mia, for whom
e had great respect, pa siculally on account
4 his investigating spirit, would withdraw his
notion and that If it vas not withdrawn, il
you'd not be ssreed TO-
Mr.. Pandsiph again rose, and spoke at greater
ength than have room TO give his observati.