Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-30
Vol. III.-No. SO.


CUSTOM IL am IN error, l sincerely rejoice to find
myself SO. did not mean To impu,e 10 the honorable
chairman Intentional inconsistency. do earnest
~ hope sir. thai the resolution of the Committee will
be sustained by the House, as " ell as the Committee
that The House will not ecedc Twas surprised 10 hear
my friend from North Carolina DECLARE that he, though
hRe inyseii, opposed TO this BILL would for The Sc
mates amendments for highly honorable 10 his
principles but which, this occ.eion he will ac.v
me 'hc freedom cannot but think misapplied He
WIZ not vote against the amendmcn OF the Senate mere
" to defeat bill, 60 which he opposed nor would
SIR nor ought any WHO values his reputation for in
tegriy and iar dealing. But, what is the amendment,
oir IL aois one Judge TO two districts, having more
business to dispose Of than the residue of the country
10 winch the same amendment alots three Judges in
what necessity real; or imagined did the bill originate?
INC necessity oi reducing the ocets of the States of
kentucky, Ohio, and Tennessee. And vet the amend
Inent unites, in tie circuit the two largest of those
STATES. The amendment makes arrangement OF the
eSterh circuits, in behalf of which not voice was
raised III THIS House, when this bill passed the Sc
nate.
''Jhe ntan a,Ssanet for creating so great u n1aJe,.
q "ddHioIai Judges. Us three qcas that no less number
oo'a be sufficient iora ;ope, discharge of the circuit
business Of the Western Siateso Suchis Tie argument
OF the committee, who acSnow ledge that they arc CON
strained to say ''tla il 1t he true that tlc circuit hi-
Siness OF Kentucky, and OHIO, can be properly dis.
charged by one Judge, there is, their Judgment, no
ground on which So large an increase of the number of
Judges, rs the bill proposes, he justifed.o
This argument is indeed, irresistible. 1t induced me
10 vote against tho Senates amendment, when il first
came over to this House, although was earnestly urged
was known entertained no partially Sir, taslicd
my conscience, believing, rs did, that this bill was
pregnant with mischief for a iu,uiable excuse, to
vote for TIC Senaics amendments and could discover
IT il shall now prevail, The obvou~ effect OF this bill
VIII be To augment, without plausible prcteXt, the
number Of Judges of The Supreme Court. To do :.
wanon mischief Md, al what ex pensc are we now 10
reach hls object? by pros,raon OF tlc dignity of
! this House.
The Senate have not orr adhered 10 their amend.
~ Of .isI I,,t
wren we nave invited one, they have tluu3Lt proper
REJECT The invitation. Sir wien this bill, in the extra
ordinary coIdiiIon IN which it last returned US
rom the Senate, re.cOmmued TO the Judiciary
COMMITTEE, considered The dignity the House in 81 e
keeping; and the report of the committee justified the
confidence had roposcd in them They do in
press terms affirm, ina the pursued bv tie Sc
nate, IS disrespcctlnl OF the House Of REPRESENTATIVES
but such IS lie unavoidable inference, deduciblc from
the second paragraph Of their rcnoit
Although st: in the power OF the House. saw
the Committee, tC agree 10 tie amendments Of the
senate, yet if there be substantial objections 10 those
amendments, tie House ought not them,
merely because the House hes not ONLY adhered
10 lis amendments, without having asked the usual
ference, but has also declined The conference when ask
CT hy the HONG of Representatives
he Committee truly say, that such case has cc-
CURED before III The history Of tic Coyclrneut, in
WINCH a conference requested by House has been
Declined by The other" go farther sir derry that
such refusal can be found in the Legislation Of any
STATE OF ihis tnionHot certainly III the oldest Of them
all, in the Legislative annals Of that country from
Whlcu we derive cur Parliamentary uSarc.
Is his indgriiy removed Lv that report Of Com
iittec o! The Senate, Which they have vuucs, fed TO
cause 10 be transmitted this House along with the
bi returned 70 Us: The Committee OF the Senate dis
ci"ln any Intentional disrcsPcct Of this House. This
might qualify c!uivoca act bui cannot alter tla CHI
Yiou Character Of the return this House Gifts dshou
ored t:it upon their courtesy. How are VIC 10 under
siauc the aTpiIcatiCh of ihc moderation and for
bcarancc," To the past conduct of the enafe towards
THIS bod,! Moderation tempers theexercse Of uowcr
iurbeaiancc abstans from the of injury or in
Justice Are these terms nerited by the relation OF The
conduct Of this House 10 the Senate, calculated
sootae the feelings whicn the report itself disavows The
! intention 10 wound?
Mr. Nj said that willie nc held scat on flat floor ie
should deem himself unworthy representative of tic
state be had IL part the honor represent lie did
not maintain, all proper occasions, tie rights aud
dignity of the House lie freely confessed Chat he ial
not been able To acquicsce i'll those rules OF etiquette,
without this House by which elevated ra;Ik YVES
allotted in certain places, certain occasions those
representatives VINO held stations Indirectly, tiar 10
those who tenants, III oarite of the Peoplet}.e
common and sole sovereign in America.
And wbco tiis House shall proceed Step farther,
and ALLOW parliamentary usage 10 give force 70 such
Cll lnstItuons, at the expense OF the coordinate rank
of this House, with The Seuatc, in ihe Federal egsIa-
iurCwhcn it shall ail TO IFS own scIf-respect il
VIII shortly become unworthy that of its
! Ucnts.
mir. BRf,r, o: Leu called tie gentleman TO otdcr
The Char decided 'hat the gentleman not out of
order, and Mr.. hIERcFR rrocec led
Sir will not believe that TIC cali 10 order Is design
cd to discomfort Inc, TO break Inc force of my GU
meGt.
For MYSELF cherish no loss respect for the Senate
individually and CoeCtivcly than VIII require of that
body in behalf of this House and offs members car
ry tbs sentiment far hold ibis House 10 re-
sponsbcto the Senate for be language fits mcmhets
ever so directed, wien applied ia toe character tiic
Indy iduai Senator well hc conduct of tic col
! lective Senate. Except when required by tic dis
charge Of his pubic duty, member be floor of
cliher House has right TO assa tie character # mem
! her Of the other 10 make such attack would be =
L'ea"h Of order and doCorum, Which the Chair Of his
own accord, Should enforce. II the vost caIuminess
prompted by the gJOsses' nolienity and deprayfv of
tie Senate
Mt BRENr again called tc gentleman 10 os.i.r E5s
appealed 10 the FuAin if was in order for the gentle
ma 10 aude ~ tbs tiouse TO language hchhad been
used on Ie floor Of tie Senate
he CHAR decided, that not in order 10 al!udc
to language used in tbe Senate but sad hat he had un