Nays.—William W. Bibb, Thomas Blount, Epaphroditus Champion, John Culpepper, Samuel W. Dana, John Davenport, jun., William Ely, Francis Gardner, James M. Garnett, Charles Goldsborough, John Harris, William Hoge, John G. Jackson, Walter Jones, Philip B. Key, Joseph Lewis, junior, Edward Lloyd, Matthew Lyon, Nathaniel Macon, Josiah Masters, William Milnor, Daniel Montgomery, jun., Jonathan O. Mosely, Timothy Pitkin, jun., Josiah Quincy, John Randolph, John Rhea of Tennessee, John Rowan, Samuel Smith, Richard Stanford, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, John Taylor, Abram Trigg, Archibald Van Horn, Killian K. Van Rensselaer, and David R. Williams.
Mr. Randolph then moved to strike out of the bill the words “under certain conditions;” for nothing could be more certain than that the bill contained no certainty.—Negatived without a division.
Ordered, That the Clerk of the House do carry the said bill to the Senate, and inform them that it has passed the House without amendment.
On motion, the House then adjourned.
Wednesday, April 20.
Judge Innes.
On motion of Mr. Rowan, the House took up for consideration the report of the committee appointed to inquire into the conduct of Harry Innes—56 to 26.
Mr. Smilie moved that the report be committed to a Committee of the Whole, with a view to let it lie over until the next session. The select committee in considering the testimony before them, which consisted of those documents before the House, had thought they did not contain sufficient matter on which to ground an impeachment; at the same time that they felt a disposition to pursue the inquiry if other testimony could be had, which did not appear possible to be had during the present session. A postponement of the subject would give an opportunity to procure testimony pro and con.
Mr. Rowan was opposed to commitment, as he thought it could answer no purpose but to delay a decision. For himself he was of opinion that the documents already before the House were abundantly sufficient for the conviction of Judge Innes; at least sufficient on which to ground an impeachment. It certainly was not for the interest of the community, if this man were guilty, that he should be continued in the exercise of his high authorities longer than could be avoided, and therefore, in justice to the United States, and to the people of Kentucky, an early decision should be had.
Mr. R. then took a view of the testimony contained in the report of the committee of the Legislature of Kentucky in the case of Judge Sebastian, on which he dwelt at some length, stating more than one fact proved by it, which he thought would of itself be a sufficient ground for removal from office of a judge of the United States.