Mr. Nicholas moved an amendment, and which was seconded, for striking out the latter part of the resolution proposed by Mr. Murray. This made it merely a reference of the Message from the President to the Committee of the Whole, and omitted all notice whatever of the Report from the Secretary of War.
Mr. Sedgwick really thought this a squeamishness for which he saw no manner of foundation.
Mr. Giles arose. He said that a gentleman from Massachusetts had asserted that some members considered the whole constitution as entirely in this House. This imputation was a thing of so serious a nature, that Mr. G. wished the gentleman to point out the person to whom he alluded. If it respected Mr. G. himself, the assertion was unfounded. It was not true. He had the highest respect for every branch of the constitution. This was a charge frequently made by one side of the House. Gentlemen had called the contents of this paper information. He saw in it nothing but what the House knew without the assistance of the Secretary. He considered the report as an effort upon the opinion of this House, as an attack upon its independence, and that in a very indelicate way. He thought the report in all respects unworthy of the notice of the House. He hoped that this paper would not be committed, but that the Message of the President would be so.
[The passage in the report repeatedly referred to as having been borrowed from a bill passed in the Senate, last session, is in these words:
"That all persons who shall be assembled, or embodied in arms, on any lands belonging to Indians, out of the ordinary jurisdiction of any State, or of the territory south of the Ohio, for the purpose of warring against the Indians, or committing depredations upon any Indian town, or persons, or property, shall thereby become liable and subject to the rules and articles of war, which are or shall be established for the government of the troops of the United States."
This was a section of a bill which the Senate passed the last session, entitled "An act for the more effectual protection of the South-western frontiers," but it was disagreed to by the House.]
Mr. Kittera considered this as entirely a dispute about words, or plainly about nothing at all. Gentlemen from Virginia were more jealous of the Executive than even the constitution itself. Mr. K. was satisfied that the President had a right to interfere in the Legislative proceedings with his opinion and advice. There was neither principle nor precedent for the amendment of Mr. Nicholas. The dispute was merely about words, because if the Message of the President was referred to a Committee of the Whole, the report in question would, in any case, be referred along with it.
Mr. Ames rose again to make some remarks on the danger of extending too far the privileges of the House of Representatives over the other House. The moment that this House is turned into a Convention, there is an end of liberty. As to impropriety and indelicacy of style, he could wish that the cognizance of members might extend to memorials addressed to the House, that we may not have addresses disrespectful to it. He entirely vindicated the conduct of the President as to this matter, and saw a peculiar propriety in his having made the communication at present on the table.
The question was loudly called for; but Mr. Nicholas rose in reply to Mr. Ames. Would any man call this a communication from the Executive? Mr. Ames spoke a few words in a low tone of voice. Mr. N. proceeded, "The gentleman prevaricates." "I prevaricate, sir!" rejoined Mr. A. Mr. N said, that at best he went off from the point. As to the precedent produced by Mr. W. Smith, it was quite inapplicable. It bore no resemblance or connection to the one before the House. The other adduced by Mr. Dayton was, he admitted, in point. But that gentleman would admit that it occurred in the infancy of the constitution, which was an excuse for it. He hoped that the amendment would go through.
Mr. Tracy quoted something which Mr. Nicholas had said. That gentleman immediately answered, that he had been misquoted. I know, said Mr. Tracy, as well as that gentleman, what he said. Mr. Nicholas got up a second time, and repeated what he affirmed were the words which he had really spoken. He did not say so before, said Mr. Tracy, but I am content that he should say so now. I only beg that he may not interrupt me. As to the motion for striking out one-half of the resolution, Mr. Tracy looked upon it as out of all propriety. The President had sent a letter of two lines, enclosing a report from the Secretary of War. To refer the former without the latter, would be like referring to any person the superscription of a letter, but adding, at the same time, you must not look at the inside of it. Mr. T. did not care from whom the report came. If it contained useful information, that was all he wanted to know. And, supposing it had been sent from a Democratic society, that of itself would with Mr. T. be no reason to refuse it a reference. He then observed how much more deference had been paid by that House to Democratic societies than was now paid by some gentlemen to the President. Much care had been taken that a vote of censure should not be passed on them. It looked as if gentlemen wanted to grasp all power within this body. The amendment was wrong in point both of principle and practice. To refer a mere superscription, (for the letter of the President was nothing more,) would look strange enough. The resolution, as amended, was in a state of hostility with common sense.