5 — —— Not for himself, but for his country.” thad peculiarly qualified them for giv- ing formation ; and on making this {apphcation to the judges { found my- {self supported by many examples fur. nished by the records in the othce of ithe Secretary of the Common wealin "Tis true, that these records furnish- jed po similar case ‘exacily parrailel, WEDNESDAY, March 27, ee Ain Pennsylv ania Legisla- GE ture jor exactly in point because no Simi. abt” 3 ss lar case of adjournment had ever oc- HOUSE OF REPRESENTA-cyped, bat they furnish evidence i TIVES. [that the the practice of the Goveinor, Tuesday, March 19. =A messuage submitting to the judges questions from the Governor, ac npanied byjinvelving constitutional principles or “the correspondence of the Secretary! leg 1 difficulties, has been co-existan, of the Commonwealth with the judges with the government itscit | of the supreme courly&e: in relation) But were there no such precedents, to the holiday adjournment, was re- Ian not aware of any oojection ceived and read, as follows: {against the propriety of making ail Ts the House of Representatives of application of this kind, either on the Lommomawealth of Pennsylvania. constitntional ground or tat of expe. YGRNTLRMEN —In compiidnce with dency ; and although it may ve ad: the request expressed in your resolu- mitied that the julges are not bound tion of the 4th instant, I transmit you to give any opinion on the questions herewith a copy of a fetter which thejsubmitted to them, yet I capaot per- secretary of the commonwealth, by my ceive any ‘good reason for their refu direction, addressed to the judges of sal, exceptin cases whste their opin- tha suprome court, the judges of the lon might have the effet of prejudg- district court of the city and county of ing a pending case, to the injury ol Philadelphia, and the president judge either of the parties thereto. of the district court for the city’ and’ What views the House of Represen- connty of Lancaster, with copies of tatives may entertain on this subjec their several answers relative to the'ls not tor me’ to anticipate, but 1 way proceedings which took place on a be permitted to say, that thio’ the joint resoluion of both branches of whole of this business my conduct the ‘evislature, during the christmas was governed by an anxious desire 10 kolidays. [preserve the consti tution inviolateyand The resolution, containing a provi- prevent that litigation among our fel sion over which I had no coustitationallow citizens, which inevitably would control, I directed to be returned byjhaveensued, had tie laws been passed the secretary of the commonwealth to|by an unauthorised” Assembly. : (the house of renresent tives, 10 which] I avail myseif ot this opportunity of 3 oviainated, with my reasons for repeating to the House the assurance LL withholding my signature. Whatever of 3 singular disposition on my pari, to : oudts may be entertained hy others cultivate (as far us It may be In my Con a question, whether the Executive, power to do consistently with a con- © mpder existing circumstances, | be stant regard to the constitution, the kh Bourxd by any oblizaion, official or laws; and the pablic interest) an bar. hooral, to disclose a correspondence MoNious INtETcourse betwixt the differ like the prescnt, which, if not confi- ent branches of the legislature and the yden ial tray be considered rather of a executive, at all times desirable, but pLiva'e than an official charocter, yet towards the close ola long scssion par- go # 3s my wish taal the poopie shoanid ucularly necessaly to the benelicisl be Brquanicd with the whole soffi cial dispatch of the public business, an’ conduct of (heir servants,” and thatithe faiihtul discharge of those duties not only the Representatives of the for ihe performance of wiich we have people, but the people themselvesbeco riceleq by the people. who ar4 the common constituents ofl With respect I have the honor to be us al) <ho!l have a {oll view ofall thejgeuvilemen, ONT mos] tbediett servent measures of government in which I 2058PY HIESTE have participated, and of every Exe. March 192i 1822, cutive proceeding from the time of Tr— py Inauguration the present Berhcemsnt of Siqee : day, I fcc] a pleasure in baviog as op-| J Hrris urg. den, 3, 1822, portunity afforded in making this com {WW ILLIA, CILGHMAN, ESQ. munication, nor do I fuel aay relucte olR—1 am directed by the ance to comply with the resolution ofjguvernal to suomit through you to the House in ‘his case, altho’ com-ithe Judges of the Supreme court mon report is igned as the only|the following sialement, with a request ground on whic! : Paring th polfiiical Tifgd have mad bie rule toprocurs the b tion, which my opportuni ic me to obtain, on every subjori hich Jute catled me ot Yo this DE by thethe casey the interesting considera: ~~ vik to 1s until IRS for nassad. 1 wr le CO Lise Yui lads of my they can by any means make it con- Sg et C81 2 infarma.irious que ¢uabled'as necessarily growiag out of the pro DS 0 ‘ : . y swineh iti i - i i 5 . same prmciple, and [believe the pre.jtions winch it involves and the umport-{constitution, and that both branches sen’ apniication is the first instance nance of iis receiving a correct decis- which a chief Executive Mowrsiratelions will he trusts, be admitted as a has been eslled on by a legistative body ta render an account,not of his official aszs but of the names” of persons he may have advised with and the inf mdtion he may have received to assist him in his deliberations on the wroptic'y of acting ‘or not ac ing on such cases as are brought be- fore him n new cases, involving constitutions “al difficulaes, and in which the annals of tlie tewmisiatare furnish no prece dent 28a puid= (and the case which gave rise to this correspondence being in sv apinicp one ef this description;) the course of conduct 1 puesued ap- enved to me pecuiiarly nroper. The Bouse of R presentatives ad. tourned from the 22d December 1821, until the 2aod of Jannaiy 1829 a novin? of ten daes iention, end soliciting your opinion within so limited a period. It will be a rel f to the governor if the consti- tional difficuliies which present nemselves to his view, should appear a be pot well founded, and that the proceedings ol the legislature way wt be considered subject to any legal constilat'onal. objections. A simila tpplicalion is made to the judges of ‘he district coutts in Philadelphia and Lancaster. Oi the 19:4 day .of December, 1821 the asscmbuly passed a resolution in the following words, viz : ¢ Resolved by the Senate and Hoose of Represen- wiives of the commonwealth of Penn- svivanla in general ossembiy. met, ane Senate ad. Lbhattie Leg'stharare will adiourn on sairncd on the same dav, ta rocet on{Saturday the 22d 108t, and’ meet on 2cth ot Decombery a period of; Wednesday ihe 2d of Jaovary, at 10 only threes davs, on which day thew DCiogs. 1 tee nynng 1 met ond continue their session by ad apiloi and that the cle: jaosement from I rouse s, dering the US ' ihe © ’ of the he Lh Stat t} ge til - the +2:C , 1s Of " = A gective Fr lay to day, . Thisap:| “Specliy Nr ¥ —— the legitamacy of the laws themselves, { was induced to apply to those whose, age, knowledge, habits and experience ithat hg, may be furnished as soon as{case that has ever occurred, being de- it an invari-lvenient, with thek: opinion on the va-{tion of the constiiution. And it will ions which appear to himi; upon (ceedings of the Legislature in this{of the House of representatives, with act (paviicular instance. The novelty offout the concurrence of the S sufficient apology for his thus so earn {standing any irreg estly pressing toe subject on your at {journment. was Wis approbation. Governor has returned the said reso that by the Constitulios hig bas no con- trol over the adjoaroments of the L- gislature. And whereas we firmly believe that it is wot even of the Legislat control over their adj directly or mdirectly except in cases of tween the Houses, Therefore, ; Resolved, That the adjournment agreed upon by the Senate and House of Representatives ghich 1s to com- mence on this da qd end on Wed- nesday the 2d day of January 1822, is a regular, valid udjourament and that when this house (udjourns - it will ad- journ to meet of that day. On motion the said resolution was read-a second time, and on the ques- tion ¢« Wilf the house agree to the same 2” it was determined in the affir- mative. The resolution being thus passed, the house of represcutatives adjourned to meet on the 2d of January, a period cof ten days, without the concurrence of the Senate. The Senate adjourned ou the same day to meet on the fourth day thereafter, at which time they met and continued their session by adjournment from day to day, tiki the 2d of January, when the house of re- presentalives 1e.assembled, and re- commenced its legislative functions, The following interesting inquiries appear naturally to arise out of these proceedings : What has been the f tect of the adjournment of the house of representatives under the circum- stances ‘as “stared ¢ Is the assembly thereby constitutionally dissolved, how can it be reinstated ! Can the two hbuses constithtionally re assembie and re-organize their respective bodies for legislative purposes 7 Or does their constitutional resuscitation re- quire the inteiference executive under fils constitutional power of convening the Legislature on extraordinary occa- sions ¢ Does not the constitution in- vest the governor with the power, in ‘he present, ov in any case, to inquire into the cous itutional organization of the Assembly ob either House ? In case the two houses re assemble and pro ceed to excercise their legislative f.betions (whieh 1s now the fact) would tieir acis be legal and binding, Teven ifthey received the governor’s appro- pation? ] The governor feels a reluctance in being thus constrained to appeal to the judges for their. opioion, but as betore remarked, he trusts they will see an ample apology in the import ance of the first instance of such a e to give any ronments either the Governor, isagreement bea i cided agreeably to the fair construc give bim pleasure if the judges should be of the opinion that the adjournment enate, has not been made in violation of the can be continued in the excercise of their Legislative functions, notwith- ulari'y in the ad- With great ‘respect, I bave the honor to be, Your most obt. and very hum. ble servant. . ANDREW GREGG, > Philadeifihia, Jan. 9, 1822, Sir,—We have the houor of ac knowledging the receipt of your letter addressed to the chief Justice of the Supreme Conrt, and the presiding Judges of the District Court of Phiia. delphia, on the important subject of which, we thought it best to "hold a joint consulhiation. : § Although we would not shrink fro the discharge of any official duty, wowever delicate, or arduous, and ould be disposed to go even beyond ‘hie strict line of daly, in giving our best advice to the Chief Executive Magistrate, in the cousliruction of ex- ising laws, whenever he should do us the honor of requiring it, yet we hold ourscives bound to jook to the constitution of the commonwealth, be- fore we undertake te give an opinion n the constitutiopality of any pre- ceedings of the Legislature, which have not passzd into the form ofa law. Ia that instrameat, wefind no provis. ion warranting such 2n opinion. It oe Tata” whee can. B0tiontheic ation of this réso- tnions of the Senate, whose con. |? ey + Op tiation was postponed till the 2nd of i duct on this aacasion scemed so m : ; : : C ! R : Faivta iv: and bi 5% ‘at variance with that. of the House jsahluR X; apd vn the ques ton oh Lha i to avoid the confusion inet | notion being decided, the followiog] 5 A i os i vir MVS i il : 4 3 Lill het. sreomient hetwsen th esolution was passed, viz 2 : i 5 A i i - “ Whereas by a resolution of both Tan 5 b respecting an imporian : dx Anos consiintional prin | 70Uses it was determined among ot Bene the hestintercst | sr things to adjourn on Saturday t ble, by bringing into doudy 23d insiant to meet on Wedacsda o - {to abstain from assuming a station not nes rod to me ud “ent e 1d ‘nue ‘thar|{ nent, be and tacy Are HCrepy reguile DOATRE \ ACL SnCe Ln dn * ar tha Senate did fo’ concur in the ad JO XOTHOYE the books, naps, pipers, yh iia 1384 L. v4 } \ > 3 Journ SO! af the Hovss of RB preset XC tui nish Lac communities roots, ar: saves and that therefore (he ad ige the Liorary, and perform such Lyi, at RR C11) : : RE. Ee - RR arb so Fan ton dacodaher Auios as may be requisite to surament of that House tor ten Ayre Com ah withent the csnourrence of the otherfdd UP the rooms in the Slate Lapital, E. 2 LR L LR % . toviddoid Sar the Par +f 33m was pot edly not warranted, hut ex | ‘ended for the sception of the Le | . pressly probibiled by the 16th sec Toni Sialure upon we day mentioned n be gy RV - . re lies ’ of the first article of the censtituti ni NC TESJAUt Ion. which declares «that neither louse] Own the evening of the same day, # LL TOLWALS ¢ an A i o . ; ; v threeiths rescliiion was prescalcc i > shall adjourn for more than tbhreej'n® Fe Hun wa rescaicd 5 the| B wii he i it of the other Lravernor fur bis approbation and sig! : 3 ol OL CL OUC QV. : : ~ days wiiyoat the consent o t fh iy BDpetatiun ang ¥ x. The dificallics presented to my{l@ture; ans of the 2ist he returned ig ¢: > . 4 t I0v the chiANeE al Re TR ¢ yiew by this new state of things, wath-{t 10 108 HOdSe Of representatives in) ered strength from the raspect Jpiviich it on 5th with : his reasons have uniformly entertained for (hf for withhoiding his approbation Onf i appears to us, therefore, that we ought assigned to us by the coostitution, in which we must commit ourselves on points of the most momentous import. ance, that might afterwards be brought judicially before us. We beg vou, Sir to assure his Fx- cellency, the Governor, of the high respect we entertain for him, acd of our regret, that, consistently with what we conceive to be our duty, we cannot give an opinion on the ques- tions which he has done us the konor f requesting you to submit to us. ’ \ the 2d of Jan. next, which re-nlution presented to the Governor for And whereas the tution withoat his approbation, stating Dn the power, a h we have the honor} Mets supposed by some of the east : {ern papers that flour will new demand a better price than heretofore, owing respect, with wh to be, : Your most obedient servants, © Wu TILGHMAN THOS. DUNCAN, JARED INGERSOLL, . JOS. B. McKEAN, BisNJ. R. MORGAN. Andrew Gregz, Esq. ——— dams, by the late fresh. : The brig Pocahontas, arrived from Canton on Saturday with a valuable Mr. Southerland moved to refer caren of teas and silks, has been 221 3: corfespondence to a |, : he message and pong days on her passage. Captain Snow, commuitee. " i Mr. Middleswarth observed that he! | { lsick 65 days, —— Dre ‘ate. commander, died on. the 6th of aftr being The vessel was then commanded by GL W. Teel, a young fe {man 17 or : March of the survey, would like to hear some reasons for the motion. Me. Southerland said the tenor of 18 years of age, who weng the messuage was to shew that the(out belore the mast, and who deserves Legislature had acted improperly, and great credit for bringing the vessel he wished the subject placed before ine Of the original erew, which left the public in a clear manner. It P rovidence in the Pocabontas, but (wo went to implicate the Legisiature, : : as have returned, G. W. Te as it would appear upon the Journal, | his design was to put something there, on the part of the Legislature, by way of offset. el being one the remainder died of the SCUIVY, mm When the Pocahontas came in, she had but three. or four persons able to do duty. She was within 12 miles of Mr. G. Moore was for referring the Sandy Hook eight days’ apo, but was subject to the early attention of the obliged to stand off. The body of next Legislature. It was trifling captain Snow was brought in, and has away the session to be acting in this been sent to his family in Providence, manner. MY D., Adv. Mr, Gilliland denounced the whole proceedings of the Executive as a con-! Captain Taylor, of the ship Alexan« spiracy ; and it was improper to re-|der, who arrived this forenoon from main silent under the gross imputa- & Lisbon, states that a ship of the line tions cast upon them. and six transports sailed from that place on the 18th of January for Rio de Janeiro, with 1200 troops on board. Mr. Southerland suid a few words in reply to Mr. G. Moore. © And Mr Lehman made a remark upon the pro- priety of permitting the papers to lie on the table. | Mr, Todd hoped would not take place. V. A. F. Da Costa, Esq. secretary to the Portuguese Legation, arrived here yesterday morning in the ship Alexander from Lisbon. be the reference “ a § r——— From the Aew York American. It is said in the English papers He thouglit the letter of Judge Smith as good a view of the subject as any committee, could: place upon the Journal. Mr. Middleswarth could not jina- gine in what better shape the matter couid be put upon the Journals, than it wonld be by the correspondence it self. = Ld Mr Southerland wished the matter referred, in order that there might be a full understanding of the governor’s message, accompanying the corres. pondence. It contained statements that were false, and he called upon the House to support its honor and dignity. The governors message ought to be examined, and the result placed betore the public. But if it was only time that was watned to consider the sub. ject, he had no objection to withdraw his motion, giving notice that he would call it up to-morrow. The motion to refer was according- ly withdrawn. ‘ hat Lord Byron has been recently amusing himself in writing a bare tesque of Southey’s vision of Judges meht; and that he has also invited Mr. Leigh Hubt to reside with him at Pisa, where in conjunction with Mr, Percy B. Shelly, they intend to labor n support of seme periodical work ior the benefit of their native land. ¥ Pa New York, March 13. informs that Porto Cabello was sill in the bands of the royalists, and de. clared 1n a state of blockade. The market at Laguira was completely werstocked with all kinds of goods, and produce scarce ; coffee $30; cow coa $23. atime, Irom the New York Com. Advertiser. Newark, M J, March 9. “ A mysterious gtranger,” came to the tavern of Siephen Rofl, in this CONGRESSIONAL DISTRICTS. teers : i town, last evening, in a hired carriage On Tuesday last, the committee appointed by the house of representa- dves to fix the congressional districts of this state, reported a bill containing the following regulations : Districts. fering the most excruciating agony, for several horrrs, expired about half past ten o'clock. Every thing relat ‘ng to him ; bis place of residence and family are involved in mystery, The driver who brought him fiom New Brunswick says he came there in the Trenton hack, the driver of which in= formed him that his name was Lewis, and that he knew nothing more about him or bis character ; whence he came No refi’s. Philadelphia city & Delaware county Philadelphia county Montgomery & Chester Lancaster’ Dauphin & Lebanon Bucks, Northampton Pike & Wayne Betks, Lehigh & Schuylkill 2 Cumberland, Perry, Frankiin ~ eNO or whither he was going. On his ars rival here, he was too ill fo help hime self, and in a very short time died, & Adams . obstinately refusing to discluse any Fayette & Greene 1 thing concerving himself. The physe Washington i iclan who was called, says he dred of Westmoreland, Indiana & Jef- an ipflamation in the bowels, which. ferson 1 were in a state of mortification. He 5 Bedford, Somerset & Cambria 1 was apparently about 40 years old, of : Erie, Warren, Crawford Ven- a slender make, about about 5 feet 9 ango & Mercer 1 inches high, and bad black hair’ and Allegheny, Armstrong Butler whiskers. He bad no papers. about & Beaver 2 nim of any description, except 1400 York 1 dollars in bilis on the bank of North Huntingdon, Mifflin, Centre America | Philadelphia] one of which & Clearfield - 1 was for $1000.—~Itis a strange and Northumberland Union, Ly- mysterious caseyand the early publi- coming, Columbia, Lu- : :. iv : zerne, Susquehanna, Brad. cation, of the circumstances ef his ford, Tioga, Potter aud * |death may lead to a discovery of his M’Kean 3 Po cme ! We avail ourselyes of the op funity of a BUriOe Q a FQ! by portu-i If he has left a family, it to the destruction of mills and mill* Captain Hathaway, frem Laguira, from New Brunswick, and after suf- Aen TEE Fo dg
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