Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-03-07

MIR FORSYTH, said he believed the custom of the
House never sanctioned the giving of the authority to
SEND Tor Persons and papers, unless the committee
asking Tor expected to prove that person per-
sons mad neen guilty OF an offence against the United
S'aa winch could be punished by the intervention
'his tiouSc tut If no such expectation could
ally be entertained in this case and the subject of noui
~ was mere matter of suspicion aud total
W there could be propriety granting tins power.
II an offence had been committed by priva individuals,
the law was open, and sufficient penalties were provi-
dcd without any nerposition of Cong ess. He there
tore desired the honorable gentleman from Virginia to-
declare whether he expected # thus empowered, be
able TO prove that any public officer had been guilty
maleisance IN office 10 call for the nicrposon Of
the authority ot this House
| Mr Mercer replied, that there were two objects i'm
view winch be expected In accomplish by the resolution.
The first was 10 supply the defect information OBJ
tam, by this House call on the Prcsi-
dent ut the United States for report of the proceed
,ngS OF the Federal Court Of Alabama, i'll relation 10
the African captures taken borard certain vessels
which FELL under its jurisdiction. The Marshal of that
Court Happened TO be al this moment in this city, and
could supply, by his testimony, the know ledge sought
BY the committee He had inquired of a member fran,
Alabama as 10 the credibiiy Of this witness and had
been informed his testimony entitled to respect
whether it would condemn or acqut the Judge con.
CeIncd, hc unable 10 say: il MIGHT lead to his ac
quttai. One other object he was Obliged in canCor 10
state. lie under tood that there had been a very q,
grant omission To execute the laws of the Union in Tic
case OF these slaves, which omission had led TO the stu
pendous scene of fraud TO which lac had before alluded
lie opod, and believed that the Judge had had no par
ticipation i'll that raudaud he is!cd TO see his cha
raCtcr vin;licatcdi il lie were innocent
MIR. Forsyth said he had never understood tai any
such charge that mentioned by the gentleman from
re nia had been hrou h a ainst the Judge 10 whom
s remarks referred If, however, the gentleman had
any expectation of being able, by the exercise of the
p"wer of this House 10 iuculpa:o his conduct lie should
have no objection TO granting the authority asked for
tut IT would seem the object of the gent ctnan was
rather To cXculpatc, in which case he should object m
giving the authority required. He well acquaint
cd with .hc Judge alluded TO- and did not think his con
duct needed vindicatiou.s
Mr. Mercer SAID, that it e: his object TO cycul-
pate a'y one-but To investigate the state of the facts
lie did, 10 be sure hope that e Judges character
would be cXcnlPated but he did not bv any means.
know that such ould be the result he thought il wa,
the duty of every gentleman, when speaking publicly
on tins ioor of the character Of another to use the nj
most caution, and not TO express any opinion tc his dis
: advantage without proof
Mr. Forsyth now waived his objection and the reso
luton of Mr. Mercer was agreed 10 without opposition
AMENDMENT CONSTITUTIONS
Tue House then again resolved itself Commit
tee Of the Whole, Mr. NcIane of Del, in the Cha H.
on the amendment To the Constitutions proposed by Mr.
N!cUuiic
MIR, Stevenson, of Virginia, rose and addressed tlc
(dhntcc Ill opposition TO the second resolution of Mr.
McDullc which proposes the districtinp of all tLc
State for the election of a President; and in favor ~
the first resolution, far respects the removal of the
PRESIDENTIAL election from the House of Representa-
tiVes; but proposing, in Of failure by The Elec
iora College to send the election 10 the Legislatures OF
the different States, each State TO have one vote
After some introductory remark the importance
OF the present discussion, and the delicacy Of his own
situation, "a differing opinion from some of his col
leagues, and many OF his constituents themselves he
proceeded 10 consider the resolutions pronosed NJ
wholly distinct from each oItcr, aud avowed his inen
lion oi voting III favor of the first but his fixed deter
Inuation 10 oppose every scheme which threatened ~
disturb the rights and powes Winch lie contended
the Constitution based by its trainers The unda
mental error OF the gentleman from South CaroI,n,
was the considering the People of the United States rs
one nation only. lie admitic they were so in thcircx
lerai aud ioreIgn rc!a'tons but IN matters of internal
and domestic mt, they were 10 be v,e,yeJ =,
independent contedcrated republics. He insisted ,o,
the situation OF the country presented the rnot ,,,re
s'vc warning against shaking the principles OF the orr
gInal compact; and predicted the most ,uinous consc
! quenccs from the calling of cunvcnton He con
fastei the probable danger of corruDtion IN S,o,
Legislature and in electoral college, contcndino on
MI HlcD'> own principles HAT the latter was r3;,ch
more open to Executive influence and intri1uc fin,
the forme but shoui the proposal t. return the cleo
ton immediately TO thu State Legislatures be reiectod
ne "ouln then move TO allow those legislatures 20 deter
mine the mode Of election in e CHI state: sill aIIn;
to each state one vote. This he contended vouId nrc
serve the fcdcrave feature of the Constitution and ,L
existing balance between the large and the small States
ne rejected win scorn the mpuation of corruption TO
ih's House; but would remove The election from In
preserve IFS purity from all possibility Of sIsniccn d
the more clcctuaily 10 accomplish this nurno,e mo
womb also ADOPT The resolution of Mr.. Mitchell of
ehh ssce' toPrcve"t the acceptance of any Office in
TIE GUT OF The Executive by member of The Housn
during the period Ofis service and for one voar cr
alter ms would efcctuay secure TO the Iouso tho
confluence OF the Peope; and place gate of burning
a'"nan between tba Peoples House and the access Of
EXccut influence
His objections TO the District system we've two fold
rst substituted national for the (edcrnI feature in
inc Constitution, taking away from the States those
rights which pertancd TO them parties to the conc
deiacy; and secondly, he objected to it on grounds E
expectancy, as not calculated to remedy the evil for
which it was proposed "
Mr.. $. now entered into an extensive and very c1o
argument to prove that the several States who E 20,
entered INTO the bond of the Constitution were free in
dcPcndcnt sovereign communities that in This tb;r
sovereign character, they parties TO the Conqtit,
toN' ny winch thcN reserved of their rifls and
powers and delegated others TO the general Govcrn
nch and that among those reserved by the satee to
themselves rs States, of the most important ,ras he
ught OF having part i'll the election of President IN
proof or the first OF these positions he referred to the
ms DRY OF the Confederation in t777; TO the treaty NJ
Pas to sbcw the previous independence of The Stoie
In support of the I'd, lie advered to the proposal IF
convention by Virginia in 787-and the recommends
uoh by the Congress of that year, favor OF sron,r
Ndtionat Governmental the unanimous rccommc n,latio9
The subsequent Instructions to the delegates who at