Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-05-27

nossibly subsist on; and had it not been for the
unfortunate illness of the Chairman Ut the Naval
Committee. bill would have been reported to
remedy the difficulty; but as that had not been
done. It was thought this joint resolution would
answer the purpose until Congress could leglslate
formally on the subject.
Mr.. Drayfoa would not undertake to censure
the Auditor-his construction might be correct
but the officers of the Corps suffered great hard
ship by it, and he thought he could in few mi
nutes satisfy the House that such was not the IN
tention of the law, whatever Interpretation Its
language might admit. Mr.. ID. then proceeded
to shew by argument and by reference to the
laws, that the Marine corps was included IN all
the provisions of the acts relating to the pay of
the Army, and that something ought to be done
to obviate what he conceived to be the mlscon-
structon of the Auditor. He had not concluded
his remarks when the expiration of the hour ar
rested the debate for to-day.
THE IMPEACHMENT.
Mr.. .Storrs, of New York, observed that as
the Senate would meet to-day as Court of I'm
parchment. for the purpose of receiving the an
swer of the Respondent Judge Peck, ii was inds-
pensable that the House come to some order i'm
mediately on the subject He therefore moved
resolution, that the House would iu Committee
of the whole, attend the Senate during the trial
of James IL. Peck.
Mr.. PetfiS said, he would like to know some
reasons why the House should attend the Senate
during the trial. Unless the attendance were alb
soutely necessary, it would be better to be en-
ployed i'll the transaction of its ordinary business,
and let the Managers appointed by the House
attend the Senate, and conduct the prosecution.
If the House adopted this resolution, Mr.. p. said
the attendance on the Senate would take up the
whole time of the next session, and nothing else
wOule be done.
Mr.. Storrs observed that this resolution was
conlormable to the usage of the House on former
occasions. The House would receive. at IL o.
clock to-day, message from the senate that they
are ready to receive the House, and that seats
prepared for them. The House would only have
to go there to-day and be present while Judge
Peck puts in his answer tosthe impeachment; the
House will come back and the Senate will adjourn
as a court until the second Monday of next ses-
sion. 1.-THE House be not present, the Senate
cannot proceed to receive the plea of the accused
Mr.. Pettis insisted that the presence of the
Managers would be sufficient, and that if the
House resolved to attend the Senate during the
trial, there would be little other business done
during the next session.
Mr.. Sutherland thought it would be wrong to
adopt the resolution. 1t would be very proper to
90 to the Senate to- day, and be present at the
opening of the Court for the impeachment and re
ceiying the answer of the accused; but afterwards
unless some very pressing occasion should re-
qure it, the presence of the House would be I'M
necessary. The object in appointing managers,
was to leave it to them to conduct the impeach-
ment. He cited Jefferson's Manual to sustain
his opinion, and moved to modify the resolution, !
so as to provide that the House would attend this |
day.
Mr.. Sorrs: Then we shall have to adopt
similar one every day, as the attendance of the
House is indispensable to the continuance of the
MIR. UiNiams said, he would like to learn
from the Speaker what the practice was in such
cases.
The Speaker observed. that every member was
as competent to inform himself and Judge as the
Chair; but there was no doubt the uniform prac-
tice had been for the House to be present at the
trial, as the accusers and the prosecutors.
Mr. StOrrs then entered into somewhat de-
tailed examination of the subject, in reply to
Messrs. Pettis and Sutherland, to show that the
presence of the House was necessary. The ap-
of Managers was not intended to dis
y to act for the House, as it would be inconveni-
ent for so large body to act for itself, and the
manaserscouldltake no step without consulting the
House, which must, therefore, be present.
Mr. MeD,6fe hoped his friend from New
York would remove the present difficulty by ac-
cepting the modification of Mr.. Sutherland, and
order for future arrangements could be taken
hereafter.
After few remarks by Messrs. Mercer and
Sutherland, Mr.. &orrs accepted the modifca-
ton, and the resolution was agreed to as follows:
ResolUed. That this house will, this day, at
such hour as the Senate shall appoint, resolve it.
self into Committee of the whole, and attend in
the Senate on the trial of the impeachment there
pending of James H. Peck. Judge of the Dis
trict Court ofthe United States for the District
Of Missouri.
Mr.. Wauae asked the unanimous consent of
the House to offer resolution relative to the
Bank of the United States, butt was objected to.
REMOVAL OF THE INDIANS.
The House having, on motion of Mr.. Bell,
the intervening orders, resumed the