the United States, which is not committed against the individual States, and added, bonds given to the Judges of the Supreme Court, and debts due to foreigners, I believe, may be sued for in any of the State Courts. I think the inconveniencies which will attend these courts Irave been ex plained. He then cited some instances to shew that these difficulties could not be argued from past expe rience—there are no instances in point. In cafe of a man's being committed to a State goal, the State would not grant a writ of habeas corpus to convey the man to the goal of the Uni ted States—and this would apply also to property. He then traced the eff'eds of this clashing of the judicial powers to a rencontre between the two potfe commitatx, till murder was committed on both fides : In which cafe, said he, you mult liane on both fides. He then pointed out the advantages that fo reigners would have over the citizens : A citizen can now get his money in three years, with an interest of 5P 1 "- cent, but in these courts, foreign ers can get their debts in one. year, with an in terest of 7 or 8 pr. cent. From the foregoing I conceive, that this system cannot be agreeable to the people : This must suppose a revolution in the principles of their representative aflemblies. I do not think this the proper time to establish these courts : It is a measure 011 which the af fection and attachment of the people to the Con ftitution will be diked : I think it bell to defer the bufinel's till the neceflity for these courts shall become apparent : I could therefore wish that the power should be reserved for the occasion, and that nothing fhtfuld be done the present session but what is absolutely necellary. I am for this government's moving as silent as death that the people fliould not perceive the least alteration in their situation * The exercise of this power will be the most odious that can be exercifed—for as a gentleman has said, of all the wheels in the machine of government, the Judi cial is the moftdifagreeable. Mr. Gerry was opposed to the motion for ftnking out the clause, and entered into a consi deration of the confirmations of the several State Judiciaries, by which, he said, that it is expressly against the Constitution to invest the Judges of the State Courts with authority to take cognizance of federal acftions—That the Legislature of the Union being bound by oath to support and ad lninifter the Constitution—they are consequently bound to establish these courts to carry their laws into operation : As to the difficulties which tren tleinen had contended will arise from the cfafli ing of the two judicatories, these difficulties may be obviated, and a little experience will lead to the most ample provision to that point. Mr. Sumpter said, he did not dispute the right of Congress to exercise this authority ; but he doubted the expediency at the present time. Mr. Burke rose to enquire of the gentleman who made the motion, whether he meant by it to knock up the bill altogether, or to offer a fub ftitute—for if he meant to knock the bill entire ly away, he would most heartily join hiin—as I conceive, said he, that the bill is founded in de ception : It is calculated to mislead the people, for under a shew of justice, it will deprive them of their rights and privileges—l am therefore for knocking the whole of it away entirely. Mr. Livermore said that was his intention. His motion was however, as before stated, ne gatived by a large majority. Tu'ESDAY, SEPT. I. Subflana »/ Mr. Laurance's SPEECH on the JERSEY ELECTION. I inuft confefs the fubjecft is of a nature not al together agreeable, because ifmembers for whom we have a personal eftcem, should be excluded from a feat, the event would be attended with feelings of regret 011 our part. But I think it neceflary that, we should express freely our real sentiments. The Constitution has givei/this body a right to judge of the elections, qualifications, and returns of its members, though the mode of their election in the firft instance lias been refer ed to the laws of the several States. It is the bu siness of this house, therefore, to determine whether the election of the fitting Members has been conformable to the law which was enacled for that purpose. I presume this will be the question. If it has been agreeable to the law, it will be the duty of this house to make the decla ration. If it has not, the house must declare the election invalid. she law of New Jersey declares that the elec tion of the members shall be in the fame manner, and under the fame regulations as the election of representatives for the Legislature of the State. It is neceflarv therefore to enquire what was that mode from which we are to conclude refpec r ting this election. The law relative to the election of representatives in the State Aftembly fixes no time of limitation for giving in the votes and de claring the election ; but the practice under that law has ever been to declare the returns of the eleftecl, previous to the meeting of the Legisla ture. The late law had evident refpecfl to the time at which Congress were to meet. By reason ■ able conftrucftion, therefore, we mull conclude, that the intention of the law was, that the elec tion should be declared before the day appointed for the aflembling of the Congress. This is plain when we consider the uniform practice of thei>tate. It may be asked further, what was the sense ot the people of New-Jersey on the fubjedt. It ap peal's that a majority of the counties in Jersey did actually close their polls, and make the returns previous to the 4th of March. If we are to rea son therefore from the conduct of a majority of the State, we may conclude that their opinion was agreeable to this construction. It appears also the governor gave this construction. This appears from his letter to the members of the council, requesting thdir attendance on the third of March, as he expetSted on that day the whole election-returns. He knew what reason he had to expert it. If he had not supposed it material, he was not obliged to summon theni on that day. It is clear tome from these circumstances that the election ought to have been declared 011 the third of March, and that the authority of the Gover nor expired with that day. If we admit a con trary supposition, thathehada continuing autho rity, it would lead to abuses. If he might extend it a day, he might protract it a month, or to an unlimited time. It might defeat the election, or it might put it in the power of the Governor to determine who should be the fitting members :— In short it would put the law in the power of 1 the Governor ; but it never can be rationally contend ed that the law Ihould have an operation which may defeat the delign of it, or be committed to adifcretion, which may produce the fame efiedt. But admiting that the Governor's authority was not expended, and that he had a right to delay, it becomes a question, to what time he Ihould ex tend this delay. It appears from theclaufeinthe law which confers the power on the Governor, that he is obliged to determine from the greatej. number of votes oj the whole State, The inference from this w ill be, that the Governor and Council were to wait till they had received all the votes from all the counties. But it may be said that this would put it in the power of a single county to defeat the law. Admitted—Whole fault is it > If the State would pass a law putting it in the pow er of a county to defeat the law, the State must fufFer the consequences. The time fixed by the Governor for the second meeting of the council was arbitrary. From tliefe considerations, I think it must re sult, that the election of the present members from New-Jersey was not conformable to the law, and therefore not valid. [daily adv.] THURSDAY, SEPTEMBER 3. Debate on the fubjell of fixing the PERMANENT SEAT of GOVERNMENT. Mr. Lee rose and observed, that the House are called 011 to deliberate 011 a great national ques tion ; and I hope, said he, they will difculs and decide 011 it with that difpaflionate deliberation, which its magnitude requires. He then proposed the following resolution : " Whereas the peo ple of the United States have aflented to, and rati fied a Constitution for their government, to pro vide for their defence against foreign danger, to secure their perpetual union, and doineftic tian, quility, and to promoLe their common interests ; and all these great objects will be belt effected by eftablifhnig the permanent feat of government 111 a ltation as nearly central as a convenient wa ter communication with the Atlantic Ocean, and an easy access to the Western Territory will per mit ; and as it will be fatisfactory to the people ofthe United States, and give them a firm confi dence,lll the justice and wisdom of their govern ment, to be aflured that such a station is already in the contemplation of Congress, and that proper meafureswill be taken to afcertainit,and to provide neceflary accommodations, as soon as the in difpenfible arrangements for carrying into effect the Constitution can be made, and the circum stances of the United States will permit ; " Re solve 1, that a place as nearly central, as a conve nient water communication with the Atlantic Ocean, and an easy access to the Western Terri tory will permit, ought to be selected and esta blished as the permanent feat of the government of the United States." I wish the principles of the government to be recognized, that the people of the United States may be able to judge whether, in the measures about to be adopted, they are carried into exe cution by this House. If these great principles are not preserved, it will be an unhappy fulfil ment olthofe predictions, which have been made by the opponents of the Constitution, that the generalintereft of America would not be consult ed thatpartiaimeafureswould be purfued,andthat mfteadol being influenced byla general policy di rected to the good of the whole, one part ofthe Union would be deprefled and trampled on to benefit and exalt the other. Instead of accom pl.fhing and realising those bright profpecfts which shone upon us in the dawn of our go vein wr<l'!lT fl l W u lch our P atriocs fought ami bled, we shall find the whole to be a visionary fancy. mytelf, that before the House decides on the question before them tW„ . will be recognized, if it is meant that be regarded. tlle yiiiobl] Mr Hartley fuported the motion of Goodhue, and pointed out Wright's f P ,-, lVlr - Sufquehanna, as an eligible place government.—This I consider i : iid h of middle ground between the De'lawa, aS / he might be supposed a northern objedi ! ' K '' l towmac on the south.-He went laA, - Pa djfplay of the natural and and artificial^a/™ 0 a ges which this place prelented ; i ts easy communication with the Weile>-„ r"' " 5 and the Atlantic, its extreme fertility , OUIUI 7 ty of the climate, and its abundantpopE'" Mr. Sedgwick: I hope, Sir, than lit • " of Mr. Lee will 110t obtain. 'The" ,!" 0 " 0 " who moved the other day to have this & brought on tins felhon, can not fail to recoiled that tliey were called on and intreated tn I r this bufinels. They were told that £ va the time, consistently with the real g 00( l 0 f ° country, to determine the permanent rcfidencl of Congress. They were told that the £ove rn ment was not yet in operation-fhat the union was not yet complete— yet that gentleman par t.cularly and the majority ot the House f u L. r • . fuf P endl »g it would occafron so muchTf fatisfacftionand agitation, that the peaceandhan" pinefs ot the country required a speedy deaf.™' As my own and other gentlemen's renionftranc-i provedl ineffectual, and it was resolved to brin! the bufinels oil immediately, I am now ready to meet the gentlemen, prepared to decide unoi. the important fubjeft.- 1 shall oppose the mod on ot Mr. Lee, because it involves unnecefftry Mr. Tucker reprobated the motion of Mr Lee. He wished to know what gentlemen were going about.—lt seemed to him that the propofi. tion was a preamble : Was it customary to agree to a preamble before thefubftance of arefolution was determined on > No—The regular way was tirlt to agree to the substance then to the preamble. Mr. Lee allured Mr. Tucker that fair dealing was his objetfl. He wiflied to bring forward thole considerations which ought to guide their judg ment. A question is to be decided which involves present and future interells, and extends to re mote generations. The question is to be fettled, which mult determine whether the government is to exist forages, or be dispersed anion* the contending winds.—Will gentlemen fay,"that these principles ought not to be recognized? Will gentlemen fay that the centre of go vernment should not be the centre of the Union Shall it not be in a situation which will admit of an ealy communicacion to the ocean ? Will they fay that ourweftern brethren are to be disregard ed ? These are the momentous conliderations which should lead the House to a conclusion. If they arc disregarded it will be an alarming cir cumstance to the people of the southern States. I hey have felt these alarms already. It was with difficulty on another occasion that their up* prehensions onthis score were silenced, and their difficulties surmounted. If this queflic nis deci ded without regarding these interells, it will be said that a Congress is found, who are not dispo sed to recognize the general principles of the go vernment. I have come forward, he said, with such explicit propositions as the interest of ray country dictates. Some principles ought to be previously established as a guide, as a polar liar to direift the House to just conclusions. Mr. Madison asked if the motion of his col league could be fuppofedout of order. Hefub mited that to the chair; does it contain any thing, said he, which is not true ? I appeal to the candid judgment of the committee. Are the truths contained in the proposition inapplicable to the fubjeel ? I appeal to the justice and policy of the people of the United States. The pa fition is strictly in order. Is it improper or inap plicable to declare the principles which ought to govern on this question, and which are properly prefixed to the motion that lies 011 the table ? Mr. Ames said—l am at a loss to conceive why the gentlemen from Virginia are so agitated and anxious to press the fubjetft of these refolutious. The gentleman has asked, Is there any thing contained in the proposition which is not true! Is there any thing not applicable to the fnbjeft. And by way of conclusion, asks whether the reso lution shall not therefore pass ? But is such a con clusion neceflary to these premises : If they are true, why be so solicitous ? Does truth acquire any new authority by being frequently voted' If they are truths, will not thole truths guide us ? But 1 have, he said, another difficulty- » the House should vote these propositions, the gentleman may bring forward other abstract queflions without limitation, and supported by the fame arguments ; and may then ask, arethe's things true ? Are not these things applic a^' e . And in this way the House will have upon their journals all the arguments which can arifeouto this multifarious fubjetft.—But is there any >' e ceffity for it ? Will it not embarrass thecoma" 1 ' tee ! It is not our business, he said, to fyl'og lze upon abllracT: principles, like school logic| aI,s > but to fettle facfts. I infill that if the princip' f>
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