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