Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-23


ever considered it as safe rule of conduct, that
in cases where you doubt, it is better 10 abstain
from acting Tie gentleman's construction pre-
SCENTS matter of doubt, and that, too, on Con-
slitutional question, and he therefore thought 1t
would be better for the House to refuse TO act up
On the bill.
As to the other point, of suffering the appoints
meat of the Judges TO be regulated by the law OF
1902, he should not willingly come into collision
with TIE gentleman from Massachusetts. But he
believed if the gentleman would examine that law,
he would nd that its language is such as limits It's
operation to the at that time TO be provided
Tor. He would leave it 10 the House to judge,
whether the opinion at present expressed by tn.
gentleman from Massachusetts, is or is not consis-
tent with the language o. the report and the Ian
guage OF that law. The vote, however Of the
House. is TO be Influenced by the first OF the ques
tions, and far as himself and his friends are con-
cerned, they had other course now left them
than defeat the bill.
Mr.. Webster said in reply, that when gentle
man in such strong terms az had been used by the
gentleman from Ohio, accuses another OF incon-
sistency, more especially where both gentlemen
are professional, and both oil them members of
committee to wlicA this House has coniided very
important subjects, IL not TO be expected that
the charge should be submitted to- if it could be
suted. Tie had the to refIte it now at any
future time. He considered il question OF
personal character as a charge which applied 20
him a. a professional man and he would ask that
gentleman not to shroud himself under any COM
nlaint that ne report could not be read. He did
not submit TO such a charge, and he called on the
gentleman to prove it. He not in the habit OF
trfng when he stated legal opinions 10 this House
lie would read the part Of the report TO which the
gentleman had referred, and the gentleman from
Ohio should see, and the House should see, wheih-
er he had departed from the doctrine OF that report
or not. He had set out with saying, that, as to
t.-E Ill.
sidered that proposed by the amendment, mex
pedient, yet it thing that might be remeiied
by Subsequent legislation.
On The o;hsr poiats, he must revert to The report
itself, ne should not yield the pon, of conssten-
cy Oh this lnor, without a struggle.
Here Mr.. w. quoted from the report the pas
sage, in which the Committee declared, that under
5he act, Judges cannot be appointed for circuits. |
This is the opinion expressed on this floor
said Mr.. w and this IS the opinion expressed in
the report. Vet by construction, the first section
may be made 10 control the residue OF the act, and
- require that the language in the second section,
inrespect to the appointment OF the Judges, be
considered and taken descriptive merely.
The gentleman shall not escape This, i; will
lie seer, is the opinion OF the committee so far
The report further says, that If the language in the
amendment, a. 10 the appointment OF the judge
could have its natural effect, there would be an
anomaly. And there oud There Is an ap-
d.
lnent-and what have said against it? Not one
word ! said. and the report says, there is an in
congruiiy- but how are those who are to execute
the laws 70 got over il BY considering the words
IN the second section az, what the lawyers call a
icScriptio peTS0n0rttna, and as not declaring the
Tenure OF Office, by giving II such construction
hat the word e. appoated," ia the seecn section
shall not the same as 90 commissioned" The
gentleman, il he chooses, may deny this-he may
form and express better legal opinion | have not
such am exalted opinion of my own Judgment as
not TO admit that the gentleman may decide bet
FER than i; but The question Is, whether this is an
opinion which have conirad;cled! The gentleman
must show this if he can, for speak now only AZ
20 The point al my own consistency.
Mr.. Mercer said, that he found it impossible 10
consider the motion to recede from the disagree
rnent 10 the Senaie's amendment of the bill which
had so long occupied the attention of the present
congress, without regarding the circumstances TN
der which il now appeared before this House
Among them, there were some which he could not
lof5ear TO recall 10 the recollection of the House,
although neither his voice nor his general health
G-a!iicd him, al present. for entering into debate
should he attempt it, however briefly, if those
circumstances had not seemed TO escape the notice
IL lie gestemen who had preceded him
He had read. he said, with unfeigned satisfaction
'hs last report of the Judiciary Committee of this
House, and listened, therefore. with 10 little sur
prise, to the recent observations of the Chairman
OF that Committee, on the depending motion VIVA,
Lai that Committee recommended to the House
The adoption of the resolution that the House do
o,6teTe 10 its Disagreement TO the amendment OF the
Senate. Bot The Committee have gone further. In
Che very last sentence Of the report Which preccIe-
this resolution, the Committee cmrkaticallv saw,
that, upon the whole, they feel obUgcd TO recon.
mend 10 the House the adoption OF The resolution
which have just read. And now, sir, the Chair
man OF the Committee tells US he is not inconsise
n supporting a motion to recede To recede is not
20 adhere.
Mr.. Weosier here spoke aoud that he had not
said Le would vote to recede
understood it to be the otect OF the hoaorabIe
rsefnber, by his remarks to sustain the motion now
IN discussion. III am in error, sincerely rejoice
- find myself so. / did not mean TO impute to
tie honorable Chairman intentional inconsistency.
10 most earnestly hope, SIR, that the resolution oil
be COMMITTEE will be sust aimed by the House a.
we'll as the COMMITTEES: that the House will not re.
cede. ! was surprised to hear my friend from NORTH
Carolina declare, that he, though like myself, op-
passed TO this bill, would vote for the Senate.
amendment; for reason highly honorable to hi.
principles, but which, this OCCASION if he will
allow me the freedom cannot but think misapplied
He will not vote against the amendment of the
Senate, merely, 10 defeat BILL TO which he is Cd.
posed. Nor would l. sir, ought any man who
values his reputation for integrity and fair dealing
But, what is the amendment, Sir II allots one
Judge 10 two districts, having more business 10
dispose OF, than the residue of the country to which
he same amendment alos three Judges. In what
necessity, real or imagined, did the bill originate
The necessity of reducing the dockcs of the States
Of Kentucky, Ohio, and Tennessee. And get, the
1pnf Unit in he al