Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-02-17
FRIDAY, Feb. 9

vi WHICH ne gave notice the day before yes
terday, to enquire into the constitutional.
~ OF the late appointment of General p.
u. Porter. not having gut to the House in
time to make it yesterday. 1t was not
his purpose, he said, to amplify on this oc-
caslon at all. The House would recoIIe,t.
that at the time he had submitted notice
OF this motion, he had distinctly stated
that It was not for him to pronounce, wne-
Their the Office in question had or had not
been created during the time for which the
iate honorable member Of this house from
New York, had been elected TO serve
Some very oblising friend had been kind
enough to hint to him that perhaps he had
not pondered on the subject so well as he
ought to have done, before he introduced
II TO the house; that this office un,iet the
authority OF the United States, being crea-
tea oy me Treaty, was called i6tD exist
eSce, although it remained vacant until
Lately, at fhe moment when the exchange
OF the Publications of that treaty took
place. This might or might not be, Mr..
IL. sald--for, what was this argument but
10 assume (he would not say to ber1 the
very question concerning the treatS.maE-
ing power which this. house had already
once decided in the negative, viz. that =
treaty, without the intervention. inst,u-
neutrality-suspicious. the aid of this house
ls lpso tacto the law of the land. Mr.. n
sald ne shoubib extremely ashamed ever
10 venture So crude motion in this house
as inns would have been, lit he had nat e..
Ken into consideration aud deep and ma.
ture consideration too, the point which
some were obliging enough to suppose he
had overlooked, and crit erouoh 70 inf
hun right in respect to it. If he under'
ooo tie doctrines which lie had heard.
he ald not say uttered, on this floor. in
respect to the treaty-makin. power, this
! case OF the honorable member from New-
ork, who had recently vacated his seat
IN tins house, came fully within the pur-
view OF the article in the Constitution of
the United States. and he would go fur
ther, as special pleading was the order of
the ,days and say, that if it did not some
Wiuiin Its purpiew in this view of the sub.
ject, 1t nevertheless would in another If
ula notiollow, II was not logic, he said
| II ihIght be logic In Westminster Hall
built was M in Parliament. tat. he,
cause the appointment in question did not
| come within the puryiew of dis section
Tor particular reasons it mioht n.st FOR SON, q.
ohie, worry substantial reason, which was
not disclosed. but about which he had no
concealinent--as he had not, never had
| ana never would have, about public mon
or measures.-&fter reading the followino
clause from the 9th section of the lst arti-
! Gle OF the constitution, wiz. No Senator
"or Representative shall. during the time
Il ha al. -
:. to any civil Office under the authority of
"the United States, which shall have been
created, or the emouments whereof
8 shall have beer increased during such
" time'-Mr. r. moved.
That committee be appointed TO enonire
| whether the acceptance, by the honorable Pc, err
d. Porter, late q member of this house from the
state OF New-Yorl-, of civil Office under the au
thority of the Unted States does contrsvene the
provisions OF the 9th section OF the first article of
constitution of the United States"
| Mr. Forsyth suggested that the terms of this
motion did not embrace the question which he
understood the gentleman to desire to place be.
fore the house--tbe acceptance of civil Office
not being an offence against any provision of the
! constitution OF the United States. lIe should be
pleased to see i modified 50 AZ to place The que.
| ton distinctly before the house
Mr. RandoLh sad he had no objection TO anv
modification which would attain his object He
bottomed himself, in proposing this enquiry. ON
facts which are on record, and which the Mouse
| was presumed TO know. Had not the genile-nar
! vacated his seat in this house? Was he amena
bic TO the order Of the speaker as a meu,ta, ~
! this house How did his seat become yacaled
~ his acceptance of a civil office under The mn
thorty OF the United States, which, the gentle
man from Georgia had sa d, was no offence aeains
! the constitution. No, sad Mr. r.. ft is neitlte,
an offence against the constitutions nor contra bs
ms morcs thu know--but there Is a modifina
ton OF the proposition VIII ch may make IL con
tfsFy 70 ne consttution-the committee is 20 tr,
that question. Is thrre not an issue made ,r, >.
Tue honorable gentleman has accepted an Office
1t IS cur duty TO enquire whether the acceptapc,
of it be constitutional or not--becalIse. If unco,
siitutlonai, then il is the duty of this house r.
see that the breach is repaired that the wronp
IS redressed. NJ. II. said that he was not ac
qualnted with the stiles and titles of the gentle
! man N questionable had had great rnany-witf
The OLD one he was acquainted with tie new
one he was not. Mr. u. said he had uo-tport
doubt that this appointment was a breach Of The
constitution, than the acceptance of another Of
lice by late member Of this house. the Office
having been created and the salary fixed few
days before his term of service expired. was an
evasion. OF the provision OF the constitution which
! he had just quoted.
| Mr. Forsyh having suggested modification
OF the motion, declaring At the same time that bc
should not vote for the enquiry, Mr. Randolph
accepted it, so as to read as follows:
Rcs0fUed, Tibet committee be appointed To
enquire whether the acceptance BY thc honora.
bic Peter Q. Porter, Of the Office Of commissions
under the late treaty Of Client, is in contrsyen.