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considerable §f>j*te ,'lsSii &idsb within
IDO miles cl Paris'. / 1
SiWet and Ohurlemcmt, close together
on the Meuse protected by the works
of Yatiban.
..Kiezieres, in the Ardennes, and on
the sa,mc river, twelve miles from Se
dan, the birth place of Turenne. cele
brated for Its strong castle, its arsenals,
its cannon foundcry, and its manufae- *
tyres. ....
Rocroy, anothev of the fortresses of
the Ardennes, about 12 miles from Me
zumls, and being situated on a plain,
not easy to be approached. c %
Montmedi is on the Cher, and as ap
pears from the resistance it has offered
to the Prussians, a very strong, though
not a yetf large place.
Avranes, not far JVom Camhray, in
the department of the North, and well
fortified. /
Thionvjlle, ceded to France by the
TJreaty* of the Pyrennees,” very “finely
situated on the Moselle, with a noble
bridge and horn work to protect it.
Loni;wy is also itl the Moselle De
partment, and seated bn a height about
fs miles from Luxemburg—General
Clairfoyt took it in 1792, and it was in
the same year retaken by the French.
•Jfttbhe, notorious for the imprison
ment of our countrymen under the,ty
ranny of Bonaparte, It is in the same
department with the above, and 3<3 miles
from Straisburg., , ;
Fort Louis, Bridge-head—a work of
cuuui in.| ortance to France and Ger
many, a j a cautionary place, concludes
* this.catalogue.
DOAJFSTIC.
senate-chamber,
Milledgcville Dec* 6, 1815.
The Undeisigned wishing, that their
fellow-citizens should know the grounds |
upon which they yoted against the reso- j
lution of the House of Representatives, ;
denying the’ right Judicial depart- -|
ment to decide on the constitutionality i
of acts of the Legislature, on this day
tendered through the medium of the-
Senator from Chathanrj, the Protest
which is here published. |
Mr C'harlton*. rose its his place, and *
infoi med Mr. President, that he had
in his hand a paper purporting to be a
. Frote : st .again. t certain proceedings of
the Senate, which he moved might be
received and read. Mr. C. insisted
that his motion involved a question, and )
that therefore he had a const it utidnai s
yfght to demand upon it the yeas and j
nays. It was objected, that the motion j
of the Senator from Chatham was not :
in order, and that a protest was not au
thorized by the rules of the . Senate— !
and that this point might be decided,
Mr. Daniel moved the following reso
lution i “ Resolved, that it is the
>ense of this Senate that it is not in or
der to enter a Protest on the Journals
of Senate, and that it is not authorized
by the rules of the Senate, or the uocf- *
stitutioh— therefore* a motion to enter a
Protest is out of order/—Mr- Milton
to amend the resolution by in
serting, except the one from the hon
or-abb- member from Chatham.’* Mr.
Knight moved the previous question,
which being carried; the Resolution of
Mr Daniil was agreed-to—yeas 18,nays
16 Fibs, it is believed, is'the short
and correct history of the proceedings
of Senate on the motion of the Senator
from Chatham to introduce the Protest.
A mo 1 ion was made the next day to
reconsider the minutes so far as related
to Mr Daniel’s resolution, and in sup
port ot it, Mr Now!an read a Protest
entered on the Journals of Senate in
1808, which he conceived established
a precedent, and completely refilled the *
assertions of the resolution of Mr* Dan
iel, u that it is not in order to enter
a Protest on the Journals—and that it
was not authorized by the rules of the
Senate.”—Mr. Melton also moved the
.following resolution ; “'Resolved, that
the Protest of many of the members of
Senate, against the resolution of the
He use of Representatives, concurred
in by Senate, denying the right of .the
Judiciary to decide • upou the constitu
tionality of laws, passed by the Legis
lauvre, be read and entered upon the
journals of Senate.” Mr. Hudspeth
moved that this resolution lie uppm the
•.able for ihe balance of the k^ssjoli—yeas
18, nays 16.
It thus appeal's that every effort to
communicate the Protest through the
channel of the Journ vls, was defeated
by a vote of the majority ; and this the j
undersigned hope will offer a sufficient
apology for its publicity in this form.
The undersigned m submitting to !
the view of their feUow-c&izefts, the rea
sons which induced them to vote a
gainbt the resolution, of the c: j
.. - f v . . > •/- \ <. Ws : \ ‘ A -r
feel a sr©u£ and nscipuj- \
ness\hatjh*|y h\»ve discharged a dutv
which they owed to their courtry, the
Constitution, and themselves.
■* ‘ The undersigned are solenply im*
pressed with the belief, that rtpon the
preservation of the distinctiveness of
the Several departments 6f the\govern
ment as established by the Coniitution
depends the dearest rights and (privile
ges of the people ; and that that dis
tinctiveness cannot be preserved, if
the Judicial department is robbed of
the power it legitimately and constitu
tionally possesses, to check the usurpa
tion of legislative authority. ; f
If it does not possess this pewer—if
it is not the essence of judicial duty—
w«* would respectfully ask too F*Ltov
’ Citizens, what is the material distinc
tion between the omnipotence of a Bri
tish rariiameut, .and the supremacy
claimed for the General Assembly of
this’ state in the. resolution of the House
of Representatives ? We cannot per
ceiveany material distinction, and there-,
fore voted, and, with those absent now
protest* agaipst the resolution of the
House of Representatives,
v When the feelings excited by the de
cision of the Judges shall have subsided
and sober reflection is suffered to infuse
itself into future: discriminations on
this inportunt find interesting subject,
the undersigned will then have the gra
tification of discovering, that their con
duct is approved by every intelligent
patriot of the state.
The undersighed have this consola
tion noil*— that the have been faithful
so the Constitution!*, , _
THE PROTEST.
The undersigned, members of the Se
nate, Protest against the resolution
of the House of Representatives, agrqecl
to, and concurred in by this branch of
the General Assembly, wherein the poor
er and right of the Judicial departmeit
to decide on the constitutionality of acls
of the Legislature, is denied
The undersigned are dissentient • far
the following reasons
Ist. Because, the denial of the right
6f the Judicial department, to decide
on the constitutionality of acts of thfe
Legislature; is confering on the Gdfler
al Assembly of„ this state the omnipoten
cy of a British Parliament, and destroys
the constitutional distinctiveness of the
different departments of government.
2d. Because, it is a dangerous 2nd
mistaken’ idea, and calculated* to sub
vert the principles of republicanism,'that
the Legislature is the Creator of the
Judicial department, and therefore su
perior to it *lt is a dangerous and
mistaken impression, because the coe
quality of the different departments is
clearly and unquestionably ascertained
and established by the Constitution.
3d. Because, if it is not the essence
of judicial duty to declare an act of the
Legislature unconstitutional, if it be un
constitutional,’ there is then np legiti
mate check upon legislative tyraftny qnd
j usurpation, and the dreadful alternative
is presented—a recourse to popular in-,
surrection, or a servile obedience and
Submission to the unconstitutional edict.
l 4th. Because, the Resolution ;as a
greed to, does not convey the opinion Os
j a majority of the present General As
[ sembly, it being well known that if the
whole number of members of this branch
had attended and voted, the resolution
would not have passed.
Mathew Talbot,
Senator from Wilkes county •
Ezekiel’E; Parke,
“, Senator from Greene,
James Blackmon,
1 # Senator from Scriven.
Andrew Bird,
- Senator from Bryan.
\ Val: Walker,
Senator, from Richmond.
Thos. tJ. P . Charlton,
f- Senator from Chatham.
Robert Flournoy,
Senator from Montgomery.
; George G. Npwlan,
Senator from Effingham .
j William Byue,
! Senator from Burke.
\ ■ William Rabun,
! Senator from Hancock.
Thos. A. Hamilton,
Senator from Jones .
Martin Hardin,
Senator from Tatnall.
James Ware*
Senator from Morgan.
Homer V* Milton,
‘• f* % Senator from Jefferson •
John A. Cu tli be it,
’ from Liberty.
- David. Hudson,
Senator from Elbert.
I was absent when‘the vote was uk en,
!- but cheirfti.'y siiVcrT!,:*: tala T’iqV'-*’ •
W vniXMi ‘arris.
Senator Jr cm felfairj&M
I dissent to the resolution above a I
ludeu to, because, IMo verily
that it would be impolitb 8c dangerous
tor divest the Judiciary department* of
the right to decide upon the constitu
tionality of any law, upon which it is
their peculiar province to decide. At
the same time» it is my most thorough
conviction, that whenever it is made
the duty of that department to give an
opinion upon a law, involving general
interest, and public sensibility, which \
opinion would be in conflict with an act
ol the Legislature —justice, prudence
and delicacy, would dictate 1 a. suspen
sion of such opinion—allowing area-,
sonable time for accommodation be
tween the departments,”
7RED : FREEMAN.
Senator from Baldwin*
A FHENS.
THURSDAY, BECEM3EI 2i.
- ‘ ■ ><
Philadelphia, December L V
We have been informed by a gentle
man arrived from Havre de Grace, in
the Terrier, that Marshal Ney had es
caped from his imprisonment but of his
destiny he is not informed. 1 v -
He further states, that the presence
of the allied forces alone prevent revo
lutionary scenes in France.
Latest from Carthagena , (via Chr~
Kingston, fJam.j Nov,, i.
Arrived* schr* Midge, Russel Jp days
from santa Martha. By the Midge,
we learn, that part of Morillo's Expe
| dition had arrived at santa Martha, from ‘
\ ofF Carthagena, and in such a state that j
; it is not likely that they will soon r* urn j
to the blockade of that Place, In fact,
it appears that Moriflo’s principal hope
of success, depended on the treason p t't
i Castillo; and now that the iatter has
been detected and placed’in confine
xri&nt he must have little hope & redu
cing Carthagena—his army being s in
such a deploi able condition ; v/hereas,
his opponents are acquiring fresh spir
its, and since the raising the blopkafde,
fresh and abundant supplies. r
Washington City y December 3.
The Congress of the United Spates
convened yesterday, and a quorum ap
! peared in both houses.
Hon. John Gaillard, President pro
tempore, took the chair of the Senate,
» and Hon, Henry Clay was chosen Spea
ker of the House of Representatives.
Thos- Dougherty, Esq. was chosen
clerk of^the House of Representatives.
The other old officers were all re
flected, via. Thomas Claxton, Door
keeper ; Thomas Dunn, Sergeant at
Arms, and Benjamin Burch, Assistant
Door-keeper.
The officers of the Senate are always
* ehosen until removed, or during plea
i sure. They now are, Charles Cutts,
I Esq. Secretary ,* Gen. Ser
geant
* keeper.
No other business was dqne m either
House but that incidental to its organi
zation.
Mr. Williams of Frederick county,
Va. arrived m this city on Sunday last,
with despatches from John Q. Adams,
Esq. Minister at London, to our govern
ment. It was erroneously stated in the
New-York papers, and inadvertently co
pied into ours of yesterday, that Mr. W.
had brought despatches from our Charge
des Affaires at London. Havir I ** a Min
ister there* of course we have not also a
Charge des Affaires* Intelligencer*
CONGRESS.
SENATE—Monday, December 4*
This being the day appointed by the
Constitution for the commencement of
the First Session of each Congress—
At 12 o’clock, the President protem
pore took the chair ; and, the roll being
called over, it appeared that the follow
ing gentltmen were present, besides the
President, f Mr* Gaiilard^
.Messrs. Barbour, Brown, Campbell,
Chace, Daggett, Fromentin, Horsey,
Howell* Hunter,Lacock, Roberts, Rug
gies* Sanford l ait, Tichenor, Vainuun,
* ‘ Williams? Wilscof v %
if &L *%pi ‘ J V "-.S.> | J -l. « “
- * I v*fT
A quorel# l” i preseA, the tilery*'.;
procecdecfto buisness«
Messrs. Varnum and Hunter \?eri
appointed on the part of the Senate to
wait on the President, and inform hi uv
that they were ready to receive any
communications he might have to v . o*.
A communication was received irerjf
the citizens who have voluntarily erect
ed a building on the Capital Hill, tor
tlie temporary accommodation ‘of Cop-t
grees ; and Messrs- Horsey, Lacock and
Fromentip were appointed a
on the part of this hopsc, to examine
and report on the state thereof. !
The concurrence of the other
was requested in the two preceding
vofes. - A
Messrs* Lacock, Howell and Daggeljfc
were appointed the committee ot ac
counts- ■ k ■ * . &
Mr- Roberts was appointed on the
committee of enrolled bills-
Messrs. Fromentin, Sanford mid
Tichenor were appointed the commi,t«i
tee on engrossed hills-
A resolution for appointing a joint
committee on the Library concerns, wiA
read three times, passed, and sent to
the other house for concurrence.
HOUSE OF REPRESENT ATIA KS •
Monday December 4.
A Quorum being present—V j
Xhe House proceeded tb ballot for a
Speaker ; and the Tellers, haying axar.y*
ined the ballots, reported, that tluv
whole number given was liid ; that
there were
For Henry Clay 87
Hugh Nelson l • ’ V. ; ;
Pitkin -y- ‘ i>
N-Macon \T ■
k Joseph Lewis i .
T. Pickering l ‘ f
f : .Henry Clay, was 4 therefore duly c!ectj|
ed, and conducted to the chair, < fronvf
which he addressed the House
tinctly as the effects of a late serious in*
disposition Would permit; retaining
his acknowledgements for the honor *
confered op him, paying a high tribute
to the merits of his predecessor in the
chair j pledging the exercise of his
best abilities in discharging the duties
imposed upon him, and throwing him-’
self on the indulgence of?-the House for
occasional errors of judgment, &c. par
ticularly in his present ill health.
The oath to support the constitution
having been administered by Mr
Wright to the speaker, the speaker in
return qualified all tffe members present A
The delegates from the territories
Mr-Lattimore", Mr. Jennings, aud Mr*
Stephenson, were then also qualified.
The House proceeded to elect a Clerk,W
when it appeared that*af 122 votesgL
#diomas Doughty, Esq’ had U4> antfljr
therefore duly elected- ( [
p The speaker laid before the house af
! letter fram Joseph Wheaton, offering
; himself as a candidate for sergeant at
j Arms.
I On motion of Mr. Wright t after somfJi
| little discussion, u was
I Resohkd } That Thomas Dunn be ap
i. pointed sergeant at Arms# Thorns’
j Claxton Doorkeeper; Benjamin BurcL’
Assistant Dobrkeeper tp this house &q
The several resolutions passed by\k
the senate were received, read and coni
curred in.
Mr, Wright and Mr. Hopkins were ap,-/
pointed,’the committee on the part*
of this house to wait on the President
of the United States, Uc. v ‘,\
j Mr. Lowndes, Mr. Forsythe, and Mr.
| Champion were appointed ro enquire
to the state of the new building prepa
red by the citizens for Congress.
The usual orders as to rules, &c. were
adopted*
Vefmont Legislature • *
HOUSE OF REP RfSENTA JIVES, f
Monday Oct. GO
Patty Hugh's Petition —The commit- ,
tee to whom was referred the petition of
Patty Hugh, stating that her husbandly
was taken from his fanpfily, in Canaan/
and transported into the Province of
Lower Canada, together with most of
his personal property, where he had?,
been detained in prison, and finally,
wrongfully and unjustly convicted of
man-slaughter, and sentenced to six
months imprisonment ; that she has
been at great expence in furnishing him
with testimony; coasel, at three se«
verai terms of the court at Montreal and
‘t hree Rivers ; that she has a family of
hve young children, dependent upon
her for subsistance,; that she hasjac
hausted her credit & that ol her friends
in borrowing money to furnish her hus
band with necessary evidence and sub
sistence* and praying iui- pecuniary re-
A;- ■„ i 1 ’ w’'.v. . jrf‘ . -"''--V.’ a>