Part 247

No. 3. Account of the expenditure of the six hundred and forty dollars.

No. 4. Statement which shows how the merchandise has been employed.

No. 5. Statement which shows the balances due to you, &c.

No. 6. Original invoice of J. & A. Hunt.

On account of it there will be delivered to you one thousand dollars, that you may make preparations for your journey in the new commission which I intrust to your care.

It is necessary to see how you can get rid of the horse with the least possible loss, as well as to recover the debt of Nicholas Welch, or have it recovered, for which purpose I enclose you his obligation; and likewise the proceeds of the merchandise, which, to the amount of three hundred and fifty-three dollars, you delivered to Don Pedro Derbigny, in order to give an account to the Court without these balances, which cause trouble and appear speculations, when they are no more than the effect of necessity, and the difficulty which these commissions cause in places where there are no resources, when you have to deceive the vigilance of spies.

As you finish these matters, and as soon as your present commission is fulfilled, you will give me advice.

God preserve you many years.

BARON DE CARONDELET.

To THOMAS POWER.

THURSDAY, January 28.

Mr. SOUTHARD, one of the members for the State of New Jersey, informed the House of the death of his colleague, Mr. EZRA DARBY, late one of the members of this House: Whereupon, the House came to the following resolutions:

Resolved, That a committee be appointed to take order for superintending the funeral of EZRA DARBY, Esq., late a Representative from the State of New Jersey.

Resolved, unanimously, That the members of this House will testify their respect for the memory of EZRA DARBY, Esq., late one of their body, by wearing crape on the left arm for one month.

Resolved, unanimously, That the members of this House will attend the funeral of EZRA DARBY, Esq., on to-morrow at twelve o’clock.

Resolved, unanimously, That a message be sent to the Senate, to notify them of the death of EZRA DARBY, late a member of this House, and that his funeral will take place on to-morrow, at twelve o’clock; and that the Clerk of this House do go with the said message.

Ordered, That Mr. SOUTHARD, Mr. MASTERS, Mr. PORTER, Mr. HELMS, Mr. NEWBOLD, and Mr. LAMBERT, be appointed a committee, pursuant to the first resolution.

SATURDAY, January 30.

Removal of Federal Judges on the Address of Congress.

Mr. G. W. CAMPBELL.--It has always been my opinion that in a free Government like ours, every department ought to be responsible for its conduct. The Constitution of the United States was evidently framed on this principle, and the preservation and security of the rights and liberties of the citizens and the due execution of the laws will be found to rest, in a great degree, on rendering public agents sufficiently and practically responsible for their conduct to the nation. That this is not the case with the Judiciary of the United States has been proved by experience. Your judges once appointed are independent of the Executive, the Legislature, and the people, and may be said to hold their offices for life. They are removable only on conviction by impeachment of high crimes and misdemeanors, and this mode of proceeding has been found in practice totally inefficient, and not to answer the purpose for which it was intended--that of rendering your judges duly responsible for their conduct. They may therefore be considered as independent of the rest of the nation, (and they seem to think so themselves,) as if this provision in the constitution, relative to impeachment, did not exist. No matter how erroneous their opinions--how dangerous to the public weal--how subversive of the interest of the people--how directly opposed to the laws of your country; yet, as it is neither a high crime nor misdemeanor to hold erroneous opinions, which they seem conscientiously to believe, they cannot be removed by impeachment--they are independent of the rest of the nation.

This subject has attracted the attention of the people in most of the States. The Legislatures of several States have passed resolutions declaring the necessity of amending the Federal Constitution, so as to render the judges, in practice as well as in theory, responsible for their conduct. The most numerous branch of the Legislature of the State which I have the honor to represent in part, have declared their opinion in favor of such amendment. In order, therefore, to bring this subject before the House, that the sense of the National Legislature may be ascertained thereon, I submit the following resolution:

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring therein, That the following amendment to the Constitution of the United States be proposed to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the said States, shall be valid to all intents and purposes, as part of the said constitution: The Judges of both the Supreme and Superior Courts of the United States shall, after the ---- day of ----, be removed from office by the President of the United States, on the joint address of both Houses of Congress requesting the same, three-fifths of each House concurring in such address.

This resolution was referred to a Committee of the Whole on the state of the Union.

MONDAY, February 1.

Another member, to wit, GEORGE CLINTON, junior, from New York, appeared, produced his credentials, was qualified, and took his seat in the House.

MONDAY, February 22.

Captain Pike.

Mr. J. MONTGOMERY observed, that to Captains Lewis and Clarke, who had explored the Western country, a compensation had been made; he held in his hand a similar resolution for remunerating Captain Pike for the important services he had rendered on an almost similar expedition, which he proposed, as follows: