presidential election. At the next session, after the result of the late election was ascertained, the bill, after having undergone some considerable alterations, was passed into the law now under discussion. This law, it is now said, is inviolable and irrepealable. It is said, the independence of the judges will be thereby immolated. Yes, sir, this law is now considered as the sanctuary of the principles of the last administration, and the tenures of the judges as the horns of inviolability within that sanctuary. We are now called upon to rally around the constitution as the ark of our political safety. Gentlemen, discarding all generalizing expressions, and the spirit of the instrument, tie down all construction to the strict letter of the constitution. It gives me great pleasure to meet gentlemen on this ground; and the more so because I have long been in the habit of hearing very different language from the same gentlemen. I have long been in the habit of hearing the same gentlemen speak of the expressions of "the common defence and general welfare," as the only valuable part of the constitution; that they are sufficient to obliterate all the specifications, and the limitations of power. That the constitution is a mere nose of wax, yielding to every impression it receives. That every opening wedge," which is driven into it, is highly beneficial, in severing asunder the limitations and restrictions of power. That the republicanism it secures, means any thing or nothing. It gives me, therefore, great pleasure at this time, to obey the injunctions of gentlemen in rallying round the constitution as the ark of our political safety, and of interpreting it by the plain and obvious meaning and letter of the specified powers. But, as if it is always the unfortunate destiny of these gentlemen to be upon extremes, they have now got round to the opposite extreme point of the political compass, and even beyond it. For, they not only tie down all construction to the letter of the instrument, but they tell us, that they see, and call upon us also to see written therein, in large

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capital characters, "the indefinite independence of judges;" which, to the extent they carry the meaning of the term, is neither to be found in the letter or spirit of that instrument, or in any other political establishment, I believe, under the sun. I rejoice that this subject is now to be discussed, and I think the crisis peculiarly auspicious for the discussion. The European world, with which the United States have the most relations, is now tranquilized. The tremendous scenes of blood and revolution, which have agitated that portion of the globe, have at length subsided into profound peace; and have left mankind, in silent amazement, to retrospect the wonderful events which are passed; and I hope, with calm deliberation, to improve the lessons they have furnished for the benefit of mankind in time to come. The interests and sympathies, which the people of the United States felt in these events, no longer turn their attention from their own internal concerns; arguments of the highest consideration for the safety of the constitution, and the liberty of the citizens, no longer receive the short reply, French partizans! Jacobins! Disorganizers! And although the gentleman from North Carolina, sees, or thinks he sees, the destructive spirit mount in the whirlwind and direct the storm, let him be consoled by the information, "that all these our actors are mere spirits and are dissolved into thin air." Yes, sir, these magical delusions are now vanished, and have left the American people and their Congress, in their real persons, and original American characters engaged in the transaction of American concerns.

Upon taking a view of our internal situation, although party rage may not be done away, it may be said, its highest paroxysm is past. And although the gentleman from New York, (Mr. T. Morris,) yesterday observed, that the President had commenced a system of persecution, so ignorant am I of the existence of such a system, that I cannot conceive to what the gentleman alluded. It is some time, Mr. Chairman.

since a member of this House, and sundry printers throughout the United States, were amerced and imprisoned to appease the vengeance of an unconstitutional sedition act, merely for publishing their own sentiments, which happened to be unpalatable to the then existing administration! It is some time, sir, since we have seen judges, who ought to have been independent, converted into political partizans, and like executive missionaries, pronouncing political harangues throughout the United States! It is some time, sir, since we have seen the zealous judge stoop from the bench to look out for more victims for judicial vengeance! It is some time, since we have seen the same judicial impetuosity drive from the bar the most respectable counsel, who humanely proposed to interpose between a friendless and unprotected man and the judicial vengeance to which he was doomed! It is some time, sir, since we have seen the same judicial zeal extending the provisions of the sedition act, by discovering that it had jurisdiction of the lex non scripta, or common law! It is some time, since we have seen the chief executive magistrate dooming to humiliation, in dust and ashes,' a great portion of the American people! Yes, sir, these terrific scenes are past. These noisy declamations, and this judicial zeal, are hushed into silence by the audible pronunciation of the public will. We may even indulge the hope, Mr. Chairman, that our pulpits will not much longer be converted into political forums; and that the meek and humble teachers of the christian faith, instead of stirring up all the angry and destructive passions of the human mind, will ere long once more condescend to teach those precepts of humility, forbearance and toleration, taught them by their divine preceptor. Those precepts so essential to the discovery of truth, by pre-disposing the mind to deliberation and reflec

tion.

The present executive, pursuing the general good, and supported by the general confidence, stands not in

need of these artificial aids. He invites inquiry. He knows, that the highest encomium, which can be bestowed upon his administration, would flow from a correct understanding of his motives and his conduct. Instead of calling in the aid of sedition acts to the defamatory scribblers, who appear to increase in numbers, and in impudence, in proportion to the desperation of their cause, and their security from punishment, he has said, "let them stand undisturbed, as monuments of the safety, with which error of opinion may be tolerated, where reason is left free to combat it. Under these auspicious circumstances, I proceed to the discussion of the important question before us with pleasure, conscious that I am subject to error, and knowing, that if I do err, it is my interest to be corrected; confident also, that there is a mass of intelligence and calm reflection at this time in the people of the United States, competent to detect the error, and apply the corrective. Impressed with these sentiments, I differ widely in opinion with the gentleman from North Carolina, (Mr. Henderson,) who said, "that if the bill upon your table should pass into a law, he would not heave a sigh or drop a tear upon the instantaneous demolition of the whole constitution; the sooner it was done the better." Sir, this gentleman, and his associates in political opinions, have termed themselves "lovers of order." Is this an evidence of the practice we are to expect from those gentlemen, under their professions, so long and so loudly made to the people of the United States? Cannot that gentleman find some reason to regret that sentiment, in the confidence due to the intelligence and patriotism of a great portion of his fellow-citizens, who differ with him on that point? Or do the gentleman, and his political associates, claim, with presumptuous vanity, not only the appellation of the exclusive "lovers of order," but also the monopoly of all the intelligence and patriotism of the nation? I have too much respect for gentlemen. to suppose they will

place their pretensions on this ground. I beg pardon of the committee for this digression: I have been impelled to it from the course the debate has taken, and particularly from the indecorous attacks made on the President of the United States.

I will now proceed to examine, whether the repeal of the judiciary law of the last session of Congress, would in any respect violate that salutary and practicable independence of the judges, which is secured to them by the constitution. The term, independence of judges, or of the judiciary department, is not to be found in the constitution. It is, therefore, a mere inference from some of the specified powers; and I believe in the meaning of gentlemen, and to the extent they carry it, the term is not to be found either in the spirit, general character, or phraseology of any article or section of the constitution. I mean to give the constitution the most candid interpretation in my power, according to the plain and obvious import of the English language. I shall discard, in my interpretation, the terms "common defence and general welfare, which have been resorted to by some gentlemen. I consider these words as containing no grant of power whatever, but merely the expression of the ends or objects to be effected by the grants of specified powers. I therefore protest against drawing any aid whatever from them, in my construction of the instrument. I have read through the whole constitution, to enable me to form my opinion upon this question, for fear there might be, in some hidden corner of it, some provision, which might demonstrate the unconstitutionality of the present bill; and if so, although I should lament such a provision, I would instantly give up the bill. But my researches have terminated in a different result. I find from the general character of the constitution, that the general will was its basis, the general good its object, and the fundamental principle for effecting this object is the responsibility of all public agents, either mediately or immediately to the peo