Mr. Nicholson made some explanation of what he had previously stated in regard to the practice of courts, and observed that a witness summoned on one side was not permitted to be sworn on the other, until he had been previously examined by the party summoning him. He also passed over the journal of impeachment, to show that the witnesses on the part of the prosecution had all been examined in the first instance, with a few exceptions, which were specially noted, before those on the part of the respondent were called.
Mr. Smilie, being of opinion that the question was not ripe for decision, moved that the committee should rise and ask leave to sit again.
This motion having prevailed, the committee rose, and the House adjourned.
Monday, February 24.
A new member, to wit, Evan Alexander, returned to serve as a member of this House, for the State of North Carolina, in the place of Nathaniel Alexander, appointed governor of the said State, appeared, produced his credentials, was qualified, and took his seat in the House.
Amendment of the Constitution.
ADDRESSING OUT FEDERAL JUDGES.
Mr. J. Randolph observed that some time had elapsed since he gave notice that he should call up his resolution for amending the Constitution of the United States. The state of his health had not admitted of his taking his seat before this day. He therefore availed himself of the first opportunity to move that the House should resolve itself into a Committee of the Whole on the state of the Union, with the view of taking that resolution into consideration.
Mr. Masters moved a postponement.
The Speaker said there could be no postponement of a subject referred to a Committee of the Whole on the state of the Union, as it was in order every day to take up business so referred.