Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-17

fIpSPVCi Sl plcScut. III dotu'icU 20 thc
objects OF Importance enumerated by Mr..
Baf6icih, he mentioned the subject at HE
Militia. Was IT possible, he asked, that
the House could adjourn the prcsru; Sos
sion without acting on tbs subject Z lie
hoped not; besides The many letters ad-
dressed 10 him, as chairman Of tie con-
mIttcc on the subject, urging the neceS-
sliy ct acting on II, he had been Inform
ed, that The state of Georgia had dcclin-
eat re-cnactlmg Us militia law al lis late
session, on the express grouud al a hope
and belief thai Congress would not suffer
tins session 10 pass away without acting
on it,.
The question on postponiilg The reSo-
luton 10 Monday, was decided in tie ne
gaiive, ayes 81.
Mr.. Fo,Syth demonstrated against the
passage of this resolution, which, he said &,
would place the House in an awkward
situation. Heretofore The 'wo Houses
had determined to adjourn only when they
believed they might do SO without pre-
judice to the public business but, re-
Versing that practice, il was now proposed
To fiS ON a day of adjournment without
reference 10 The state of public business,
and to adjourn Whether it were transact
ed0r not Whence the necessity for this
eXtran gtIndry course Was a StiRatic1lf
necessary 10 induce The House 10 attend
ia business He hoped, from seif-respeCi,
the House would not agt on This princi-
pie; especially when, ny doing the bust
ness OF the House speedily and properly,
the two Houses might, without this pre-
mature re luton, be able TO adjourn AZ
AN earlier day. He therefore, moved TO
postpone the further consideration of this
resolution 10 the first Monday in April.
This motion was negatiyed.
The question was tien taken OH the
original proposition, and decided in the
affirmative, by yeas and nays, i0i TO 20.
DISTRICT COURTS OF NEW YORK.
The bill respecting the District Courts
of the United States for the District OF
New Iork, was taken up on lis second
reading; and the question having been
stated on ordering the bill TO be engross-
ed fora third reading
MIR. Forsyth requested from the chair
man of the judiciary committee, informa-
ton why the House were called upon to
Icgislate so frequently respecting The
counts for the District Of New York Not
long since, 4 law was passed authorizing
one fthe District Judges TO perform the
duties OF another, who was sick, &C &c.
Mar. T. said, he could otunderstandYh-o
II WAS necessary to make tie District OF
New York continually an exception 10
iie general judiciary system of The Uniied
States.
MIR. II. Nelson said, That the i'll state Of
Tie health at one OF tie Judges, which
made the particular law referred to ne
ceSsary, still continues and as a Judge
could not he removed on account of III
health, there IS 40 remedy but BY the
t.at laTsa Il
10 re-enact. iueTe had been also some
difficulty between The Judges as 10 notice
necessary from one 10 reqRire the attend
ancc of the other for which ii was one
Of The objects Of the bill 10 provide re-
nedy.
MIR. Forsyth then said, he should like
TO know how long this state Of things was
10 continue. Ii lie was correctly inform
ed, he said, that individual who WAS TOO
sick to perform his judicial functions, was
IN the habit of every year traversing the
United States from one end Of the coun-
try Ia The other. Whilst his health did
notailOw him TO attend 10 his official du-
ties, II allowed him 10 travel from New
York TO Charleston and back everv wear.
MIR. T. said he differed from the gentle
man from Virginia in opinion in one par
tIcular: he thought there was a remedy,
and i very obvious one, for this grievance.
II an individual hold an office under the
United States, tile duties Of which he is
unable To perform, he ought tO quit il. If
the state Of his health deiain him from the
performance of his duties, and he do not
qnli his office, ii is in ihe power of the
House, said MIR. F. TO apply remedy, by
an Impeachment and, III preference to
this mode of legislaliug for particular
case, he should be glad to see that course
rcsoried to.
MIR. II. Nelson said that the committee
had seen 40 remedy but that which they
had submitted. ii was per ectly compe-
tent, however, for the gentleman from
Georgia 10 propose the course which he
had suggested, if he thought ii the pro-
per one, though the judiciary committee
had been Of different opiRi0n But, even
III that case, ii was necessary 10 pass this
bill IN order that the court should not
cease To- be held the bill only prepos-
ing TO continue provisions which had pre-
viously existed, but had been limited i'm
their duration.
Mr.. LiveymOre said, that perhaps gen
tIenen were not awa.e Ct all the circnm-
stances OF this case. This was not a bill
to create distinct - additional Judge
for the District OF New York, nor To Gre
ate any additional expence for two dis
trlcls already existed in the state, to each
of which a Judge vas apporiioned, by an
act passed some years ago; in the enact
ing of which he believed the gentleman
from Georgia had some agency. This
was merely TO continue il force an act
OF temporary nature, a renewal of which
had become necessary, in consequence
ofcOntinued disability Of one Of the Judg-
es.
Mr.. ForyM said tbe gentleman was