JUDICIARY

(Delivered on the Judiciary Bill, in the House of Representatives,
on the Nineteenth of February, 1802)

Mr. Chairman:--

I must be allowed to express my surprise at the course pursued by
the honorable gentleman from Virginia, Mr. Giles, in the remarks
which be has made on the subject before us. I had expected that he
would have adopted a different line of conduct. I had expected it
as well from that sentiment of magnanimity which ought to have been
inspired by a sense of the high ground he holds on the floor of this
House, as from the professions of a desire to conciliate, which he
has so repeatedly made during the session. We have been invited to
bury the hatchet, and brighten the chain of peace. We were disposed
to meet on middle-ground. We had assurances from the gentleman that
he would abstain from reflections on the past, and that his only
wish was that we might unite in future in promoting the welfare of
our common country. We confided in the gentleman's sincerity, and
cherished the hope, that if the divisions of party were not banished
from the House, its spirit would be rendered less intemperate. Such
were our impressions, when the mask was suddenly thrown aside, and
we saw the torch of discord lighted and blazing before our eyes.
Every effort has been made to revive the animosities of the House
and inflame the passions of the nation. I am at no loss to perceive
why this course has been pursued. The gentleman has been unwilling
to rely upon the strength of his subject, and has, therefore,
determined to make the measure a party question. He has probably
secured success, but would it not have been more honorable and more
commendable to have left the decision of a great constitutional
question to the understanding, and not to the prejudices of the
House? It was my ardent wish to discuss the subject with calmness
and deliberation, and I did intend to avoid every topic which could
awaken the sensibility of party. This was my temper and design when
I took my seat yesterday. It is a course at present we are no
longer at liberty to pursue. The gentleman has wandered far, very
far, from the points of the debate, and has extended his
animadversions to all the prominent measures of the former
administrations. In following him through his preliminary
observations, I necessarily lose sight of the bill upon your table.

The gentleman commenced his strictures with the philosophic
observation, t