WEDNESDAY, January 19. AARON BURR, Vice President of the United States, and President of the Senate, attended. The Senate took into consideration the report of the committee on the petition of Sarah Fletcher and Jane Ingraham. Ordered, That the report be committed to the original committee, with an instruction further to consider and report thereon, by bill or otherwise. Mr. BRECKENRIDGE, from the committee to whom was referred, on the seventh instant, the motion to inquire whether any, and, if any, what, Legislative measures may be necessary for admitting the State of Ohio into the Union, or for extending to that State the laws of the United States, made report; which was read, and ordered to lie for consideration. The following Message was received from the and of the House of Representatives : JANUARY, 1803. FRIDAY, January 21. The bill, entitled "An act for the relief of Henry Messonnier," was read the second time, and referred to Messrs. BRADLEY, CLINTON, and ELLERY, to consider and report thereon. The bill, entitled "An act for the relief of the sufferers by fire in the town of Portsmouth, was read the second time, and referred to Messrs. PLUMER, OLCOTT, and DWIGHT FOSTER, to consider and report thereon. The bill, entitled "An act for the relief of insolvent debtors in the District of Columbia," was read the second time, and referred to Messrs. WRIGHT, WELLS, and STONE, to consider and report thereon. The Senate took into consideration the report of the committee of the 19th instant, on the motion to inquire whether any, and, if any, what, Legislative measures may be necessary for admitting the State of Ohio into the Union, or for extending to that State the laws of the United States; and I now lay before Congress the annual account of the fund established for defraying the contingent Ordered, That it be referred to a special comcharges of Government. A single article of one thou-mittee, with an instruction to bring in a bill acsand four hundred and forty dollars, paid for bringing cordingly ; and that Messrs. BRECKENRIDGE, MORhome seventy-two seamen, discharged in foreign ports RIS, and ANDERSON, be the committee. from vessels sold abroad, is the only expenditure from that fund: leaving an unexpended balance of eighteen thousand five hundred and sixty dollars in the Treasury. JAN. 19, 1803. TH. JEFFERSON. The Message and paper therein referred to were read. Ordered, That they be committed to Messrs. MORRIS, J. MASON, and DAYTON, to consider and report thereon. THURSDAY, January 20. The VICE PRESIDENT laid before the Senate a certificate of the election of SAMUEL M'CLAY, Esq. of Northumberland county, and State of Pennsylvania, to be a Senator of the United States from the fourth day of March next, inclusive; and it was read and ordered to lie on file. The VICE PRESIDENT laid before the Senate a letter signed John Avery, Secretary of the State of Massachusetts, with a set of the maps of that State, for the use of the Senate. MONDAY, January 24. The VICE PRESIDENT Communicated a letter from the Clerk of the House of Representatives of the State of Delaware, enclosing the credentials of SAMUEL WHITE, Esq., elected a Senator of the United States for the term of six years, commencing on the 4th day of March next; and they were read. Ordered, That they lie on file. Mr. J. MASON, from the committee to whom the report on their petition was recommitted the 19th instant, reported a bill for the relief of Sarah Fletcher and Jane Ingraham; which was read. Ordered, That this bill pass to the second reading. Mr. MORRIS laid before the Senate the memorial of the Chamber of Commerce of the city of New York, praying that a repeal of the acts making discrimination between American and foreign duties on imports and tonnage may not take place, for reasons therein stated; and the memorial was read. A message from the House of Representatives informed the Senate that the House have passed a bill entitled "An act for the relief of Henry A message from the House of Representatives Messonnier;" a bill, entitled "An act for the re-informed the Senate that they have passed a bill, lief of the sufferers by fire in the town of Ports- entitled "An act for incorporating an assurance mouth;" and a bill, entitled "An act for the relief company in the city of Washington;" and a bill, of insolvent debtors within the District of Co- entitled "An act for the relief of Hugh Alexanlumbia;" in which bills they desire the concur- der and others;" in which they desire the conrence of the Senate. currence of the Senate. They agree to the amendments of the Senate to the bill, entitled "An act making appropriations for the Military Establishment of the United States, in the year one thousand eight hundred and three," with an amendment, in which they desire the concurrence of the Senate. The bills were read, and ordered to the second reading. The Senate resumed the_consideration of the confidential Message of the President of the United States, communicated on the eighteenth instant, and Ordered, That it be referred to Messrs. NICHOLAS, JACKSON, and LOGAN, to consider and report thereon. The two bills first named in the message were read, and ordered to a second reading. The amendment to the amendment of the bill " The bill for the relief of Sarah Fletcher and Jane Ingraham was read the second time. The bill, entitled "An act for the relief of Hugh Alexander, and others," was read the second time, and referred to Messrs. TRACY, BRADLEY, and BROWN, to consider and report thereon. Ordered, That the memorial of the Chamber of Commerce of the city of Philadelphia, presented on the 5th instant, be printed for the use of the Senate. The Senate took into consideration the amendment of the House of Representatives to their amendment to the bill, entitled "An act making appropriations for the Military Establishment of the United States in the year one thousand eight hundred and three;" and Ordered, That the consideration thereof be postponed. The following Message was received from the of the House of Representatives: his care. SENATE. The bill, entitled "An act for incorporating an insurance company in the City of Washington," was read the second time, and referred to Messrs. NICHOLAS, J. MASON, and TRACY, to consider and report thereon. On motion, it was Resolved, That so much of the Message of the President of the United States of the 18th instant, as relates to the salt springs on the Wabash, be referred to a special committee, with leave to report by bill or otherwise, and that Messrs. FRANKLIN, BRECKENRIDGE, and ANDERSON, be the committee. On motion, that it be Resolved, That so much of the letter of the Secretary of War which accompanied the Message of the Presi dent of the United States of the 18th instant, as relates lishing trading-houses with the Indian tribes," be referred to a special committee, with leave to report by bill or otherwise : to the renewal of the act, entitled "An act for estab It was agreed that this motion should lie for consideration. WEDNESDAY, January 26. JAMES Ross, from Pennsylvania, attended. The VICE PRESIDENT communicated the report of the Postmaster General, in conformity with the thirtieth section of the act to establish the Post Office; which was read. Ordered, That it be printed for the use of the Senate. The motion made yesterday that the report of the Secretary for the Department of State, made in 1793, on the privileges and restrictions of commerce, be printed, was resumed; and the blank filled with the words "two hundred," and the motion was agreed to as follows: I transmit a report by the Superintendent of the City of Washington, on the affairs of the city committed to By this you will perceive that the resales of lots prescribed by an act of the last session of Congress did not produce a sufficiency to pay the debt to Maryland to which they are appropriated; and as it was evi dent that the sums necessary for the interest and instalments due to that State could not be produced by a sale of the other public lots, without an unwarrantable sacrifice of the property, the deficiencies were of necessity drawn from the Treasury of the United States. The office of the Surveyor of the city, created during the former establishment, being of indispensable Resolved, That two hundred copies of a report necessity, it has been continued: and to that of the Su-made by the Secretary of State in 1793, to both perintendent, substituted instead of the Board of Com- Houses of Congress, respecting the nature and missioners at the last session of Congress, no salary extent of the privileges and restrictions of the was annexed by law. These offices being permanent, I have supposed it more agreeable to principle that commercial intercourse of the United States with their salaries should be fixed by the Legislature, and foreign nations, be printed for the use of the therefore have assigned them none. Their services to Senate. be compensated are from the first day of June last. The Marshal of the District of Columbia has, as directed by law, caused a jail to be built in the City of Washington. I enclose his statements of the expenses already incurred, and of what remains to be finished. The portion actually completed has rendered the situation of the persons confined much more comfortable and secure than it has been heretofore. JAN. 24, 1803. TH. JEFFERSON. The Senate resumed the second reading of the bill for the relief of Sarah Fletcher and Jane Ingraham; and, on the question, Shall this bill pass to the third reading? it was determined in the negative. So the bill was lost. THURSDAY, January 27. Mr. Ross presented the several representations and memorials of Richard Basset, Egbert Benson, Benjamin Bourne, William Griffith, Samuel Hitchcock, B. P. Key, C. Magill, Jeremiah Smith, G. K. Taylor, William Tilghman, and Oliver Wolcott, judges of the circuit courts under the late act, entitled "An act to provide for the more convenient organization of the courts of the United States" stating that, since the repeal of the said act, no law had been made for assigning to them the execution of any Judicial functions, nor has any provision been made for the payment of their stipulated compensations; and most respectfully requesting Congress to review the existing laws with respect to the officers in question; and the memorials were read. JANUARY, 1803. expressed its meaning in terms equally plain and peremptory. This being the deliberate and solemn opinion of the undersigned, the duty of their stations requires that they should declare it to the Legislative body. They Ordered, That they be referred to Messrs. regret the necessity which compels them to make the MORRIS, Ross, and DAYTON, to consider and re-representation, and they confide that it will be attribuport thereon, and that the memorials be printed for the use of the Senate. The memorial is as follows: To the Honorable the Senate and House of Representatives in Congress assembled: The undersigned most respectfully submit the following resolution and memorial. By an act of Congress passed on the thirteenth day of February, in the year of our Lord one thousand eight hundred and one, entitled "An act to provide for the more convenient organization of the courts of the United States," certain judicial offices were created, and courts established, called circuit courts of the United States. In virtue of appointments made under the Constitution of the United States, the undersigned became vested with the offices so created, and received commissions authorizing them to hold the same, with the emoluments thereunto appertaining, during their good behaviour. During the last session an act of Congress passed, by which the above mentioned law was declared to be repealed; since which no law has been made for assigning to your memorialists the execution of any judicial functions, nor has any provision been made for the payment of their stipulated compensations. Under these circumstances, and finding it expressly declared in the Constitution of the United States, that "The judges both of the supreme and inferior courts shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office," the undersigned, after the most deliberate consideration, are compelled to represent it as their opinion, that the rights secured to them by the Constitution, as members of the Judicial department, have been impaired. With this sincere conviction, and influenced by a sense of public duty, they most respectfully request of Congress to review the existing laws which respect the offices in question, and to define the duties to be performed by the undersigned, by such provisions as shall be consistent with the Constitution, and the convenient administration of justice. The right of the undersigned to their compensations, they sincerely believe to be secured by the Constitution, notwithstanding any modification of the Judicial department, which, in the opinion of Congress, public convenience may recommend. This right, however, involving a personal interest, will be cheerfully submitted to judicial examination and decision, in such manner as the wisdom and impartiality of Congress may prescribe. That judges should not be deprived of their offices or compensations without misbehaviour appears to the undersigned, to be among the first and best established principles in the American constitutions; and in the various reforms they have undergone, it has been preserved and guarded with increased solicitude. On this basis the Constitution of the United States has laid the foundation of the Judicial department, and ted to a conviction that they ought not voluntarily to surrender rights and authorities entrusted to their protection, not for their personal advantage, but for the benefit of the community. Mr. NICHOLAS, from the committee to whom was referred, on the 20th instant, the Message of the President of the United States, of the 18th, reported, in part, that an act, entitled "An act for establishing trading-houses with the Indian tribes," ought to be revived and continued in force; and the report was agreed to; and Ordered, That it be recommitted to the same committee, with leave to report by bill or otherwise. Mr. BRECKENRIDGE, from the committee to whom was referred, on the 21st instant, the report of the committee on the motion to inquire whether any, and, if any, what, Legislative measures may be necessary for admitting the State of Ohio into the Union, or for extending to that State the laws of the United States, reported a bill on the subject; which was read, and ordered to the second reading. FRIDAY, January 28. The VICE PRESIDENT communicated a report of the Attorney General of the United States, on the contract with John Cleves Symmes, in pursuance of the resolution of the Senate of the 30th April last; which was read. Ordered, That it lie for consideration, and that it be printed for the use of the Senate. Mr. HOWARD presented the petition of William Ramsay, praying that the Secretary of the Senate Marbury, Robert Townsend Hooe, and Dennis may be directed to deliver them a certified copy of their nominations to be justices of the peace for the counties of Washington and Alexandria; and the petition was read, as follows: To the Honorable the Senate of the United States of America, the petition of William Marbury, Robert Townsend Hooe, and Dennis Ramsay, most respectfully showeth: That your petitioners have been informed and verily believe that John Adams, while President of the United States, nominated to the Senate of the United States, for their advice and consent, your petitioner William Marbury, to be a justice of the peace in the county of Washington, in the District of Columbia, and your petitioners Robert Townsend Hooe, and Dennis Ramsay, to be justices of the peace in the county of Alexandria, in the same District; that the said nominations were duly taken into consideration by the Senate, who, on or about the first day of March, in the year one thousand eight hundred and one, were pleased to give their advice and consent that your petitioners should be severally appointed to the offices aforesaid; that commissions were accordingly in due form signed by the said President, and directed to be sent to your petitioners by the Secretary of State, but that your petitioners, from some JANUARY, 1803. Petition of William Marbury and Others. cause have been deprived of their commissions, and are reduced to the necessity of asserting their rights to the same in a judicial course of proceeding, in which, as they are advised, it will be requisite to produce satisfactory evidence of the advice and consent of the Senate to the appointment of your petitioners to be justices of the peace as aforesaid in the District of Columbia. Application has been made to the Secretary of the Senate for his certificate that the advice and consent of the Senate was given in consequence of the nominations aforesaid, that your petitioners should be appointed to be justices of the peace in the District of Columbia aforesaid, which your Secretary has declined giving without the leave of the Senate. Your petitioners pray the premises may be taken into consideration, and that your Secretary may be permitted to give to your petitioners a certificate in usual form, setting forth that your petitioners having been nominated by the President of the United States to the aforesaid offices severally and respectively of justices of the peace in the District of Columbia, the Senate advised and consented to their appointment. And as in duty bound, &c. Whereupon, a motion was made, that it be Resolved, That the Secretary of the Senate be directed to give an attested copy of the proceedings of the Senate of the 2d and 3d of March, 1801, so far as they relate to the nomination and appointment of William Marbury, Robert Townsend Hooe, and Dennis Ramsay, as justices of the peace for the counties of Washington and Alexandria, in the Territory of Columbia, on the application of them or either of them. And it was agreed that this motion should lie for consideration. Mr. Ross presented the memorial of the Chamber of Commerce of the city of Philadelphia, signed Thomas Fitzsimons, President, stating that damages had been sustained by the merchants of that city, from a too rigid construction, by the officers of the revenue, of the act, entitled "An act concerning the registering and recording of ships or vessels," and praying the interposition of Congress for their relief; and the memorial was read. Ordered, That it lie for consideration. Mr. PLUMER, from the committee to whom was referred, on the 21st instant, the bill, entitled "An act for the relief of the sufferers by fire in the town of Portsmouth," reported amendments; which were read. Ordered, That they lie for consideration. The motion, made on the 25th instant, for the appointment of a committee on so much of the letter of the Secretary of War, which accompanied the Message of the President of the United States of the 18th instant, as relates to the establishment of trading-houses with the Indians, was withdrawn. Mr. MORRIS, from the committee to whom was referred, on the 27th inst., the several memorials of the judges, under the late act to provide for the more convenient organization of the courts of the United States, made report; which was read, and it was agreed that this report be the order of the day for Wednesday next. 7th Cox. 2d SES.-2 MONDAY, January 31. SENATE. The Senate took into consideration the amendtled "An act for the relief of the sufferers by fire ments reported by the committee to the bill, entiin the town of Portsmouth." Ordered, That this bill be recommitted to the original committee, further to consider and report thereon. The Senate resumed the second reading of the bill to provide for the due execution of the laws of the United States within the State of Ohio; and, on motion, that the bill be amended, it was agreed that the further consideration of the bill, together with the proposed amendment, should be the order of the day for Thursday, the 3d of February next. informed the Senate that the House have passed A message from the House of Representatives Ray and John Follawell;" a bill, entitled "An a bill, entitled "An act for the relief of William act in addition to an act, entitled 'An act fixing the Military Peace Establishment of the United States;" and a bill, entitled "An act authorizing the sale of a piece of land, parcel of the navyyard, belonging to the United States, in Charlestown, in the State of Massachusetts, to the proprietors of the Salem turnpike road and Chelsea bridge corporation," in which bills they desire the concurrence of the Senate. WILLIAM MARBURY AND OTHERS. The Senate took into consideration the motion made on the 28th instant: "That the Secretary of the Senate be directed to give an attested copy of the proceedings of the Senate of the 2d and 3d of March, 1801, so far as they relate bury, Robert T. Hooe, and Dennis Ramsay, as justices to the nomination and appointment of William Marof the peace for the counties of Washington and Alexandria, in the Territory of Columbia, on the application of them or either of them." Mr. HOWARD said he should not trouble the Senate with any observations upon the question; the request was so reasonable, that he concluded it would pass without objection. Mr. JACKSON wished to have some explanation of this business. It must, he said, be recollected that an attempt was made at the last session to effect the same thing, with this only difference, that the application was then made by counsel, which now came from the men themselves. The motion on that occasion was introduced by a member from Massachusetts, who, after hearing the objections offered against it, thought proper to withdraw it. He considered it now, as he then did, an attack upon the Executive Department of Government, and as such should be prepared to oppose it, as often, and in whatever shape it might present itself. Mr. MASON observed it was true, as the honorable gentleman from Georgia had stated, a motion similar to the present resolution, he had himself made at the last session, and for the same purpose. It was in consequence of a verbal application at the door of the Senate Chamber, from one of the parties, or their counsel, to whom he was a stran SENATE. Petition of William Marbury and Others. ger. He gave to them his opinion at the time, that the application was proper and would be granted as a thing of course. He was afterwards surprised to hear objections offered-the principal ones however, were, that the record was a secret record, and that by a standing rule, no copy was allowed but by special order. It was time now to consider the propriety of granting it, when the parties themselves applied in writing, stating the purposes for which they wanted it, and upon this ground the motion was either withdrawn or rejected. In the present case they had applied in a respectful manner, in form of memorial, and had stated the reasons of their application, and the use they wished to make of the copy, to establish an existing right. They were citizens and parties to the Government and to its privileges. The principles upon which this Government was founded were freedom and equality of rights, and a protection to these rights. The petitioners now claim that protection, by a request that we would grant to them our knowledge of the existence of a fact necessary to establish one of their rights. Publicity of record was a Constitutional provision, and a check in favor of the people. It was a right belonging to the meanest citizen to inspect the records of the Government, unless the divulging of these records would be inconsistent with the public safety and interest. And when that was not the case it was our duty to grant the request-they had a right to demand it. It was upon the same ground that every citizen had a right to demand and compel the testimony of his fellow-citizens, upon peril of damages equal to the loss of his testimony; it is an implied promise, founded upon mutual protection and aid to each other in the support of their individual rights. It is one of the great reasons for which men associate. The same justice is due from public bodies, though compulsory process is not in both cases to be had. This request is so accordant with a common sense of justice, that he had no doubt the mere exemplification of a record, or a certified copy, in itself not improper to be made public, would be granted by one enemy to another, in an enemy's country. Mr. M. was at a loss to know what possible injury could arise by giving a copy of a fact so notorious, and he hoped therefore the parties would be indulged. Mr. BRECKENRIDGE thought it improper to grant the prayer of the petitioners. The Executive Journal is kept only for the private use of the Senate and there is an express rule that extracts should not be given without the order of the House. He knew of no instance in which they could with propriety be claimed or given, but if there were any such, he begged gentlemen to point As to the case in question, to grant the prayer of the petition would, he said, administer to the means of assailing the Executive Department of the Government. He considered the President as in some measure a party to the Executive Journal, and therefore an extract of it ought not to be communicated without his consent. The Senate ought to protect the dignity of that them out. JANUARY, 1803. branch in which they participate. The suit is now pending on a mandamus to the Secretary of State. The Senate ought not to aid the Judiciary in their invasion of the rights of the Executive. There could be no use in giving such extracts, and there might be mischief. Mr. MORRIS was much in opinion with Mr. B. He thought that the rule respecting the Executive Journal was wise, and that extracts ought not to be given for trivial purposes: that it might be a means of embarrassing the Government, and lessening the respect due to those who administer it. That he had no apprehension of any such on the part of the Judiciary; he was persuaded they would treat with due respect the other parts of the Government. But such attempts might be made by others, and therefore it was not prudent to furnish the means, or to establish a rule of which designing men might avail themselves for bad purposes. For these reasons he was inclined to reject the proposed resolution. On the other hand he considered the application of a suitor for evidence to support his right, as of a very serious nature. A denial of that evidence might amount to a denial of justice. He was not prepared to go so far. If in possession of a deed making a link in the chain of a suitor's title, the courts might compel him to appear, and bring with him the deed; he did not feel himself justified in using the authority with which, as a Senator, he was invested, for the purpose of refusing that which another could rightfully demand, and oblige him by law, as a private citizen, to give. That in the present case, the merits of which were unknown to him, it was possible, as has been suggested, that other evidence might be produced, and though of inferior force, be validated by the refusal of the Senate. Perhaps, too, the court might issue process, compelling the Secretary to appear and bring with him the Journal. It was equally possible that they might not think it proper to issue such process, or that the Secretary might refuse to answer, alleging his duty to keep the secrets of the Senate. That if from these or any other causes, the Court should declare they could not do right because the Senate withheld the evidence, he should feel himself guilty of a denial of justice. That in effect the assent of the Senate being a pre-requisite to the appointment of an officer, it might be necessary to show that assent when his authority should be legally questioned. If the Senate refuse on the present occasion, where the evidence is said to be necessary to obtain the office, how could they grant it on another occasion where it would be necessary to preserve the office? On the whole, Mr. MORRIS declared he should reluctantly give his vote in favor of the resolution, because the greater weight of reason was in favor of it, and because he could not answer to the world, or to his own conscience, the delay or denial of justice. Mr. WRIGHT said he was opposed to the resolution; he could not discover that the applicants had any right to the extract prayed for. The Senate had by a specific rule declared the Executive records a secret. But he could not conceive what benefit they (the petitioners) could derive |