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JANUARY, 1800.

Drawing Juries by Lot.

SENATE.

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absence. But, sir, the greatest of all its defects, is questions in which the lives or characters of our the placing it at all in the power of the marshal citizens, may be concerned-on charges against to exercise his discretion in so important a man- them of a political nature, as well as in those enner as to select a jury as he pleases. The danger tirely of a private nature, in which public questions and consequences of this power vested in a minis- are not at all involved. terial officer, appointed by the President, holding With respect to those of a public nature, I must his office during his pleasure, and looking up to confess that when I first arrived here, and discoverhim for other and more honorable and lucrative 'ed the precarious and unsafe tenure on which the appointments, appear to me not only to be one of the citizens of New York, Pennsylvania, Maryland, greatest evils under which a part of the Ameri- Virginia, and I believe New Jersey, held everything can people at present labor, but one which does that freemen ought to consider as most dear-when not seem, before this, to have claimed from them I was informed that on every question respecting or their Government the attention due to its im- character, lite, or fortune, the men who were to portance. It is for this reason I have thought it decide were to be picked or selected by a sheriff or my duty to bring it to your view at this time; and a marshal, and not impartially drawn by lot, it was I do not hesitate to confess that I shall even con- difficult for me to find words sufficiently expressive sider it as one of the most fortunate moments of of my astonishment. I could scarcely believe that my life, that I have had an opportunity of first a people so enlightened, and so jealous of their libmoving in a question on which the true freedom erties-a people who have had before their eyes, and happiness of our country so much depends. and in their very neighborhood, such excellent er. Should I succeed even partially-should I be the amples, in this respect, as the Eastern and Southmeans of producing only an alteration of the pre- ern States, could have so long neglected a reform sent unjust and oppressive system, and lay a foun- more precious to them than any other they could dation for a complete and perfect one hereafter, it adopt. It has been since to me a source of much will amply compensate me for all the remarks and surprise that the State Legislatures, in the adminodium which the mover in so important a reform istration of justice within their own States, did must naturally expect.

not at once perceive and correct a system which, Viewing, as I do, impartial juries as among the under a partial or oppressive use of it, places it so most indispensable ingredients of a free Govern- much in the power of an officer to stain the characment, it is my duty to declare, and I solemnly do ter of a nation and violate its most sacred obligadeliver it as my opinion, that in those States in tions. This inattention is, however. I trust, now which the federal marshals have a right to sum- at an end, the subject is brought to their view, and mon jurors as they please, the people are not free; the question is fairly before them; they are now that in those States the impartiality of your ju- to determine whether their exertions are in future dicial tribunals, and the purity of the administra- to have all important questions respecting their tion of justice, must depend not on the laws but the dearest interests depend upon juries, impartially integrity and honest independence of a marshal; drawn by lot, under the regulations of laws equally to him is left the monstrous and dangerous power affecting all, and whose provisions no sheriff or of summoning proper or improper, fit or unfit, dis marshal can violate or interfere with; or to entirely honest or upright' men-men who may be the rest with a sheriff or marshal, on whose integrity, friends or enemies to the parties who are on their knowledge,or impartiality, or on whose want of these trial, or who on political questions may be known essential qualities, is to depend the pure or corrupt to be opposed to them, and to hold opinions diame administration of their laws. In a word, with the trically contrary to those which are perhaps in the State Legislatures it now remains to be determined course of the trial to be submitted to them for their whether ihe citizens of the States I have mentioned decision.

are to be less free and less entitled to the inestimaWho can deny that on the wise or oppressive, the ble privilege of trial by a fair and impartial jury, unbiassed or corrupt use of this power must depend than their brethren in the Eastern and Southern the decisions of our judiciary, in every case where States. party spirit runs high, and where it may be an ob- By the law of Congress now in force, juries are ject of great moment to influence the proceedings to be designated by lot or otherwise, in the manof a marshal? On a public and political question, ner now in use in the several States. From this any man can tell the danger and impropriety of such it is to be presumed that whether Congress agree a power vested in an individual. But not only or not to the general reform I shall introduce they on questions of a publicor political nature, but even will certainly always consent to a law conformin private cases, where the object in dispute is con- ing the practice of the several courts to the mode siderable, and where the parties haveextensive con- in use in the States where these federal courts are cerns, no man ought to possess the power of sum- held. Hence it becomes highly important to these moning, as his friendships or hatreds, his caprice or States, and their citizens, to insist that the State perhaps something worse, may direct him, the jury Legislatures shall alter their modes as soon as poswho are to decide questions on which not only the sible: they should make it an indispensable comfortune and happiness of individuals, bu the pact with the persons they elect to represent them; character of some laws, and sometimes the faith they should consider it as more dear to them than of treaties, may depend.

any other public act they could attend to. For I will for a moment consider this dangerous pow- how can that Government or that people be free, er in a marshal, as it respects the public, on all / where the execution of their laws is to depend upon

SENATE.

Drawing Juries by Lot.

JANUARY, 1800.

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the will of an individual ? How can any man important part of their Government comes to be, whose political opinions differ from a marshal, be as it will hereafter, perfectly understood, that in safely tried for any political offence touching his emigrations to this country, the enlightened forlife, his character, or his fortune, while the politi- eigner will prefer living in States having imparcal character of the jury, who are to try him, de- tial juries, to those in which, in every act and pends upon the selection of a marshal ?' Suppose almost word of his life, he is to be at the mercy for instance, a man is charged with a libel against of a marshal, holding his office at the will of a the President of the United States; that this libel President. This difference between Pennsylvania, charges the President with acts of so important a Virginia, and the other States I have mentioned, nature and so injurious to the welfare of the Union, and Southern ones, places the former in so unequal that, unless they can be removed or the writer con- not to say degrading a situation with respect to victed of a libel and punished, the President would the administration of justice, that I will not for a be likely to lose the confidence of the people, and moment suppose they will any longer submit to so consequently his re-election to office'; that the improper a system. I can never believe that when marshal of the district knows this; that the Pres- the subject has been fairly brought to their view, ident's feelings are alive to the decision; that he that States so enlightened, and so distinguished by feels his public character, the affections of the peo- their love of republican liberty, will feel themple in his principles, and his re-election to office selves easy until they have obliged the State Leall at stake: that, in short, it is of the utmost conse- gislatures to adopt the mode of drawing juries by quence to him, this person should be convicted lot. It is in vain to think of repealing sedition and humbled. Under these circumstances, is it not laws, or asserting the liberty of the press, as se expecting more than we have generally a right to cured by the Constitution, until this reform takes expect from him, or natural to suppose, that the place. This power in a marshal, is a more commarshal will feel himself entirely unmoved; that plete and severe check on the press, and the right he will carefully select moderate men, who are not of the people to remark on public affairs, than ien attached particularly to party, and who will real-thousand sedition laws, because here the power to ly compose so impartial a jury as to give the de- se and by that means govern the opinion of fendant a fair chance of having justice done him? juries, is continual, always increasing, and in a Or is it not more correct to suppose, that in such a great degree subject on every trial to the wishes case a marshal will recollect that it was from the and directions of a President. In times of party, President he received his office; that he holds it when opinions run high, and contending factions at his pleasure ; that if in a case so important to oppose each other with violence, it is then truly the President and where his feelings are so much dreadful. Justice, which has been represented and alive, the marshal should be lukewarm or make a ought forever to be blind to the political opinions selection of men not approved, he would probably of men, becomes or these occasions as keen-eyed lose his office; but that if he should exert himself, as the eagle, it pounces into every recess and corarray a decided jury, whose opinions on politics ner of a State, drags forth the avowed and politiwere not to be shaken, and procure a conviction, cal enemies of the accuser, and arrays them on that the President would not be unmindful of his his jury. I will hope, for the freedom of our zeal, and that amongst the numerous lucrative ap- country, this has not yet taken place; but that it pointments in his gist the marshal would not be may, and that it should be guarded against, no man forgotten? I ask if this is not the proper mode to will deny. Let us, by adopting the mode 1 recomreason a question of this sort? I allude not to par- mend, or something like it, give to our citizens the ticular cases. On general subjects where I con- comfort of reflecting that amidst the storms and ceive it my duty to act, I condescend not to men- conflicts which may attend a republican form, they tion anything that may have happened. I am will, on every question respecting their lives, charendeavoring to regulate for the future. I thank acters, or fortunes, be always entitled to a fair and Heaven that in the State to which I belong, ju- impartial trial by jury, secured by equal laws, the ries are on the best establishment. I wish, for impartial election of which no man however elevathe honor of the United States, and the character ted or no officer however willing can dare to conof their judiciary, that the same purity and im- trol or interfere with. It is our duty to give to our partiality in the administration of justice should citizens this valuable reform. They have a right, pervade the whole; that equal laws, and not from the nature of our Government, to expect it; ihe opinions or wishes of individuals, should amidst all the fluctuations of parties and changes of govern in their decisions, and that the principles men and measures, it will be to them a solid conwhich were among the leading objects of the solation to reflect that their private rights are seAmerican Revolution, should forever obtain and cure, and that, with respect to these, their Governbe insured to our citizens: until they do, it is in ment is indeed a Government of laws. Under this vain for the people of those States to think that sacred guard the honest and the innocent may while their juries are summoned at will by a mar- safely come to trial, nor will advocates be afraid shal, they are free-or that the citizens of the to defend them, nor consider it as hopeless to atother States, having impartial juries, will ever think tempt it. The people will revere your tribunalsof removing to reside among them, or trust them- they will then have no reason to fear that faction selves or their fortunes under laws whose admin- or corruption may curb your bench of justice, fill istration is so unsafe and precarious. Nor can the seats of your jurors, or stain the annals of yourjuthere be a doubt, that when the difference in this diciary with innocent blood sacrificed at the shrine FEBRUARY,

1800.

Proceedings.

SENATE.

of party or ambition; the dreadful evils which the adoption of the Legislatures of the different States ; have disgraced the tribunals of other countries, and that, when adopted by three-fourths of the said will be avoided, and you will exhibit to an admi- Legislatures, the same shall become a part of the said ring and imitating world the finest and most

Constitution : unexceptionable form they have yet witnessed.

That neither the Chief Justice nor any Judge of the Give them this improvement, and say that your United States shall hold any other appointment, or judges, while they continue as such, shall hold no office, under the Government of the United States, or other offices, and we may safely defy any nation the individual States, during his continuance in office

as a Judge of the United States; and that the acceptthat has preceded us to exhibit a judiciary by any means comparable to the one we shall then possess of any Judge accepting the same.

ance of such other office shall vacate the appointment

Mr. Ross, from the committee to whom was MONDAY, February 3.

recommitted the bill, entitled "An act providing Mr. Watson presented the petition of Abraham for the enumeration of the inhabitants of the Franklin, and John Franklin, jun., merchants, of United States," reported further amendments. the city of New York, and owners of the ship

Ordered, That ihey lie for consideration. Amelia, captured in the year 1799, by a French

Ordered, That the ihird reading of the bill, sent national corvette, and recaptured by the United from the House of Representatives, entitled " An States ship of war Constitution, and by the said act for the relief of John Vaughan,” be postponed Franklins purchased at public auction, praying for to Wednesday next, and that, at 12 o'clock on that a new register; and the petition was read. day, there be a call of this House.

Ordered, That it be referred to Messrs. Watson, Goodhue, and LangDON, to consider and report

Tuesday February 4. thereon to the Senate.

A message from the House of Representatives ! Mr. Ross, from the committee to whom was reinformed the Senate that the House have passed a

ferred the amendments of the House of Representbill, entitled “ An act to discharge Robert Sturgeon atives to the amendments of the Senate to the from his imprisonment;" in which they desire the bill, entitled “ An act to repeal part of an act, enconcurrence of the Senate. They agree in part titled 'An act to provide for mitigating or remitto the amendments of the Senate to the bill, enti- ing the forfeitures, penalties, and disabilities, accrutled " An act to repeal part of an act, entitled 'An ing in certain cases therein mentioned.” made act to provide for mitigating or remitting the for- , report. Whereupon, feitures, penalties, and disabilities, accruing in cer- Resolved, That the Senate do recede from their tain cases therein mentioned."

amendments disagreed to by the House of RepThe bill first mentioned was read and ordered resentatives, and concur in their amendments to to the secord reading.

the amendments. Ordered, That the amendments of the House of The bill, sent from the House of Representatives, Representatives to the amendments of the Senate entitled " An act to discharge Robert Sturgeon to the bill, entitled “An act to repeal part of an from his imprisonment,” was read the second iime act, entitled · An act to provide for mitigating or and referred to Messrs. TRACY, Baldwin, and remitting the forfeitures, penalties, and disabilities, DEXTER, to consider and report thereon to the accruing in certain cases therein mentioned.” be Senate. referred to the committee to whom the bill was

The Senate proceeded to consider the report of originally committed on the 15th of January last. the committee to whom was recommitted the bill, to consider and report thereon.

entitled " An act providing for the enumeration of Mr. LAURANCE presented the petition of Reuben the inhabitants of the United States," to which Smith and Nathan Strong, praying payment for they agreed; and, having adopted sundry other the bounty on certain articles exported by them; amendments, the formalities required by law being, through

Ordered, That this bill pass to a third reading. casualty, omitted.

Ordered, That the petition, and the papers accompanying the same, be referred to the commit

WEDNESDAY, February 5. tee appointed the 24th of December last, on the Agreeably to the order of the 3d instant, a call of petition of Peter Aupoix, to consider and report the House was made, and the following members ihereon to the Senate.

were present: The bill to establish an uniform mode of draw- Messrs. Anderson, Baldwin, Bingham, Blooding juries by lot, in all Courts of the United States, worth, Brown, Chipman, Cocke, Dexter, Foster, was read the second time, and referred to Messrs. Franklin, Goodhue, Greene, Gunn, Hillhouse, PINCKNEY, Nicholas, Chapman, LAURANCE, and Howard. Langdon, Latimer, Laurance, Livermore, DEXTER, to consider and report thereon to the Lloyd, Marshall, Mason, Nicholas, Paine, Pinckney, Senate.

Read, Ross, Schureman, Tracy, Watson, and On motion, by Mr. PINCKNEY, the subjoined Wells. resolution was read, and ordered to lie on the The bill, sent from the House of Representatable:

tives, entitled "An act for the relief of John Resolved, That the following amendment to the Vaughan," was read the third time. Constitution of the United States be recommended to On motion to amend the preamble to the bill,

SENATE.

Proceedings.

FEBRUARY, 1800.

a motion for the previous question was made; and On motion, it was agreed, by unanimous consent, upon a declaration from the VICE PRESIDENT, that to dispense with the rule, and that the bill last the previous question is not in order upon an mentioned in the message be again read at this amendment to a bill, a motion was made that the time. question on the final passage of the bill be post- Ordered, That it be referred to Messrs. Ross, poned until Monday next; and it passed in the Brown, and Dayton, 10 consider and report therenegative.

on to the Senate. And the proposed amendment being disagreed to, On motion, it was agreed, by unanimous consent, Resolved, That this bill do pass.

to dispense with the rule, and that the bill firsi

mentioned in the message be now again read. THURSDAY, February 6.

Ordered, That it be referred to the above men

tioned committee, to consider and report thereon The bill, sent from the House of Representa- to the Senate. tives, entitled, “ An act providing for the enumera- The Vice PRESIDENT laid before the Senate a tion of the inhabitants of the United States," was report from the Secretary for the Department of .read the third time; and, being further amended, Treasury, of the goods, wares, and merchandise, Resolved, That this bill pass with amendments. exported from the United States, during one year,

prior to the 1st day of October, 1799; exhibiting Friday, February 7.

the amount exported to each foreign nation; and Mr. Watson presented the petition of Lyon

the report was read.

Ordered, That it lie on the table. Lehman, praying remission of the duty on a númber of fire-arms, imported from Hamburg, for rea

On motion, " That a committee be appointed sons mentioned therein ; which was read, and re- allowed to John Heckwelder, for the losses he

to consider whether any compensation ought to be ferred to Messrs. Watson, LANGDON, and HowARD, to consider and report thereon to the Senate. sustained, during the war between the United

Mr. Goodhue, from the committee appointed States and Great Britain, and that the said comto consider the subject, reported a bill for aug; it was agreed that the motion should lie on the

mittee have power to report by bill or otherwise ;" menting the compensation of the Senators and

table. members of the House of Representatives of the United States; which was read, and ordered to

The bill for augmenting the compensation of the second reading.

the Senators and members of the House of RepreMr. Tracy, from the coinmittee to whom was sentatives of the United States was read the secreferred the bill, sent from the House of Represent- ond time; and it was agreed that the further conatives, entitled “An act to suspend in part an

sideration thereof be postponed until to morrow. act, entitled · An act to augment the Army of the A message from the House of Representatives United States, and for other purposes," reported informed the Senate that the House have passed amendments; which were read.

a resolution, authorizing the President of the SenOrdered, That they be printed for the use of | ate and the Speaker of the House of Representathe Senate.

tives to adjourn their respective Houses on the Mr. Ross presented the memorial of George first Monday in April next; in which they desire Isham and others, purchasers of certain tracts of the concurrence of the Senate. land, between the Great and Little Miami rivers, The resolution was read, and ordered to lie on of John C. Symmes, and praying confirmation of the table. their contracis; and the petition was read.

A motion was made as follows: Ordered, That it lie on the table.

Resolved, That the resolution of the Senate of the United States, passed on the 10th of February, 1796,

requiring the Secretary of the Treasury to prepare anMONDAY, February 10.

nually, and lay before the Senate, in the month of Jan. A message from the House of Representatives wary in each year, a statement of the imports of the informed the Senate that the House have passed United States, shall be, and the same is hereby, altered a bill, entitled " An act giving further time to the and amended so as not to require hereafter any stateholders of military warrants to register and locate ment of the amount exported to each foreign nation. the same;" a bill, entitled "- An act for the relief It was agreed that this motion lie on the table. of James Yard;" a bill, entitled " An act respect- Mr. Tracy notified the Senate that he would ing the Miot;" a bill. entitled " An act declaring to-morrow move for leave to bring in a bill for the assent of Congress to certain acts of the State the relief of Ithamar Canfield. of Maryland and Georgia;" and a bill, entitled The Senate took into consideration the amend"An act in addition to an act, entitled 'An act ment reported by the committee, to whom was reregulating the grants of land appropriated for mili- ferred the bill, sent from the House of Representatary services, and for the Society of the United tives, entitled “ An act to suspend in part an act, Brethren for propagating the Gospel among the entitled ' An act to augment the Army of the UniHeathen;" in which bills they desire the concur- ted States, and for other purposes;" and it being rence of the Senate.

adopted, The bills were severally read, and ordered to the Ordered, That this bill pass to the third readsecond reading.

ing as amended.

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FEBRUARY, 1800.

Proceedings.

SENATE.

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Tuesday, February 11.

considered, were disagreed to; wherepon, by upanAgreeably to notice of yesterday, Mr. Tracy imous consent, the bill was read the third time, had leave to bring in a bill for the relief of Itha- and passed. mar Canfield, which was read, and ordered to the second reading.

WEDNESDAY, February 12. The bill, sent from the House of Representatives, entitled “ An act declaring the assent of

Mr. Baldwin, presented the petition of Jonas Congress to certain acts of the States of Maryland Fauche, captain, and others, officers of the troop and Georgia," was read the second time, and re- of militia dragoons, formerly under his command, ferred to Messrs. Howard, Gunn, and Paine, to praying compensation for military services in the consider and report thereon to the Senate.

State of Georgia; which was read, and referred The bill. sent from the House of Representa- to the Secretary for the Department of War, to tives, entitled “An act for the relief of James

consider and report thereon io the Senate. Yard," was read the second time, and referred to

Ordered, That the Message of the President of Messrs. BINGHAM, Watson, and Goodhue, to con- the United States, of the 8th of January last, tosider and report thereon to the Senate.

gether with the report of the Treasurer of the Mint, The bill, sent from the House of Representa- Hillhouse, Livermore, and Goodave, to consider

of the first of the said month, be referred to Messrs. tives, entitled “ An act respecting the Mint," was read the second time, and referred to Messrs. Liv- and report ihereon to the Senate. ERMORE, GOODHUE, and MARSHALL, to consider

Mr. Watson, from the committee to whom was and report thereon to the Senate.

referred the petition of Abraham Franklin, and The bill, sent from the House of Representatives, John Franklin, junior, reported that the prayer of entitled " An act to suspend in part an act, entitled the said petitioners oughi not to be granted, and "An act to augment the Army of the United States, that they have leave to withdraw their petition; and for other purposes,” was read the third time. and the report was adopted. On motion, it was agreed to amend the amend- Senators and members of the House of Represent.

The bill to augment the compensation of the meni adopted yesterday, as follows:

atives of the United States was read the second “ Sec. 2. And be it further enacted, That the pro- time; and, being amended, visions of this act shall not be construed to prevent the President from employing any officer or officers in re

Ordered, That it pass to the third reading as cruiting for the four first regiments of infantry, and the

amended. two regiments of artillerists and engineers : and the

Mr. Tracy, from the committee to whom was President is hereby authorized to employ any officer or

referred the bill, sent from the House of Representofficers in the recruiting service for the aforesaid regi- atives, entitled " An act to discharge Robert Sturments, on the terms prescribed by law, and until the geon from his imprisonment,” reported amendfull complement of men are procured, pursuant to the ments; first section of the act for the better organizing the Ordered, That they be printed for the use of troops of the United States, and for other purposes ; any the

Senate. provision in the said section or act to the contrary not- The Senate took into consideration the motion withstanding."

made on the 10th instant, relative to the propriety And, on motion to strike out the amendment of allowing a compensation to John Heckwelder: thus amended, it passed in the affirmative-yeas and the motion was agreed to, amended as follows: 17, nays 14, as follows:

Resolved, That a committee be appointed to YEAS — Messrs. Anderson, Baldwin, Bloodworth, allowed to John Heckwelder for his services du

consider whether any compensation ought to be Brown, Cocke, Dexter, Foster, Franklin, Greene, Hillhouse, Langdon, Livermore, Marshall, Mason, Nicholas, ring the war between the United States and Great Paine, and Pinckney.

Britain ; and that the said committee have power Nays—Messrs. Bingham, Chipman, Goodhue, Gunn, to report by bill or otherwise. Howard, Latimer, Laurance, Lloyd, Read, Ross, Schure.

Ordered, that Messrs. Ross, Tracy, and Bloodman, Tracy, Watson, and Wells.

Worth, be the committee. On motion to agree to the final passage of the

The bill for the relief of Ithamar Canfield was bill, it passed in the affirmative-yeas 21, nays 10, read the second time, and referred to Messrs. as follows:

Tracy, Dexter, and Chipman, to consider and

report thereon to the Senate. Yeas-Messrs. Anderson, Baldwin, Bingham, Blood

The Senate resumed the consideration of the worth, Brown, Cocke, Dexter, Foster, Franklin, Good-motion made the 10th instant, to alter and amend hue, Greene, Gunn, Hillhouse, Howard, Langdon, Live the resolution of the Senate, of the 10th of February, ermore, Marshall, Mason, Nicholas, Paine, Pinckney.

Nars-Messrs. Chipman, Latimer, Laurance, Lloyd, 1796, requiring, from the Secretary for the DeReed, Ross, Schureman, Tracy, Watson, and Wells.

partment of Treasury, certain statements, of imSo it was Resolved, That this bill pass.

ports and exports; and, after debate,

Ordered, That ihe further consideration thereof Mr Ross, from the committee to whom was re- be postponed. ferred the bill, sent from the House of Represent- The Senate took into consideration the resoluatives, entitled "An acı giving further time to the tion of the House of Representatives for the adholders of military warrants to register and locate journment of the two Houses of Congress on the the same," reported amendments; which, being first Monday in April next; and, after debate,

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