they are acting without authority, and are attempting by an usurped influence, to effect an object, not confided to them, and not within their power even by implication. It cannot be admitted, that there is any weight in the argument drawn from the fact, that both the parties heretofore contending for the superiority in the United States, have, in former times resorted to the practice. The actions of public or private men, heated by party zeal, and struggling for ascendancy and power, ought not to be urged as precedents, when circumstances have entirely changed. All political precedents are of doubtful authority, and should never be permitted to pass unquestioned, unless made in good times and for laudable purposes. In palliation of the practice of resorting to caucus nominations in former times, it was said, that each party must of necessity consult together in the best practicable way, and select the most suitable person from their respective parties, so that the united efforts of all those composing it might be brought to bear upon their opponents. It is to be recollected, that their is no danger of a departure from, or violation of the constitution, except when strong temptations are presented, and this will seldom occur except when parties are arrayed against each other, and their feelings violently excited. The state of things, however, in the United States is entirely changed. It is no longer a selection made by members of congress of different parties, but it is an election by the two houses of congress, in which all the members must be permitted to vote. It is not difficult to perceive that this practice may promote and place men in office who could not be elected, were the constitutional mode pursued. It is placing the election of president and vice president of the United States-an election in which all the states have an equal interest and equal rights, more in the power of a few of the most populous states, than was contemplated by the constitution. This practice is considered objectionable on other accounts, so long as congress is considered as composed of the individuals, on whom the election depends, the executive will is subjected to the control of that body, and it ceases in some degree to be a separate and independent branch of the government, and an expectation of executive patronage may have an unhappy influence on the deliberation of congress.

Upon a view of the whole subject, the following reasons, which admit of much amplification and enlargement, more than has been urged in the foregoing, might be conclusively relied on to prove the impolicy and unconstitutionality of con

gressional nominations of candidates for the presidency and vice presidency of the United States. 1st. A caucus nomination is against the spirit of the constitution. 2d. It is inexpedient and impolitic. 3dly. Members of congress may become the final electors, and therefore ought not to prejudge the case by pledging themselves previously to support particular candidates. 4thly. It violates the equality intended to be secured by the constitution to the weaker states. 5thly. Caucus nominations may in time (if the practice is not effectually prevented by the interference of the states), acquire the force of precedents and become authoritative and thereby endanger the liberties of the American people.

This general assembly believing that the true spirit of the constitution will be best preserved by leaving the election of president and vice president to the people themselves, through th medium of electors chosen by them, uninfluenced by previous nominations made by members of congress, have adopted the following resolutions:

I. Resolved, That the senators in congress from this state, be instructed, and our representatives be requested to use their best exertions to prevent a nomination from being made during the next session of congress by the members thereof, in caucus, of persons to fill the offices of president and vice president of the United States.

II. Resolved, That the governor of this state transmit a copy of the foregoing preamble and resolutions to the executive of each of the United States, with a request that the same be laid before each of their respective legislatures.

III. Resolved, That the governor transmit a copy to each of the senators and representatives in congress from this state.

His excellency, Joseph Hiester, Governor of the Commonwealth of Pennsylvania:

Sir-Sometime since I received information that the Pittsburg and New Alexandria turnpike road company, had improperly obtained from the state treasury in the year 1821, a considerable sum of money, more than by law they were entitled .o. This information was communicated in such a way as to demand my immediate attention-I accordingly sent for and procured by depositions, such proof as satisfies me that the charge merits investigation. Therefore submit the case for

your excellency's consideration, and will wait your instructions in the matter.

The depositions referred to accompany this communication. I am, your excellency's

Respectful and obedient servant,

Harrisburg, March 20, 1823.

THO. ELDER,

Westmoreland county, ss:

Personally came before me one of the justices of the peace for said county, William Newlon, and was sworn agreeable to law, deposeth and saith, on the 25th of October, 1821, at a meeting of the president, treasurer and managers of the Pittsburg and New Alexandria turnpike road company, at Charles Johnstons, I being a manager of said company at that time, John A. Gilchrist, treasurer of said company, having been to Harrisburg shortly before this date, and being authorised to draw the balance of the state funds that was granted to said company, and that he the said John A. Gilchrist, treasurer of said company, applied to the president and managers of said company to know how much money there was due from the state to said company. The president and said treasurer made a calculation, after which the said John A. Gilchrist stated that he had draw'd above two thousand dollars more, and replied, gentlemen, I have got the money, and I don't want you to ask me any questions. At another meeting of said president, treasurer and managers at Joseph Millers, on the 4th of December, 1821, a motion was made to fix the salary of the president, treasurer and managers for the present year; different sums were mentioned for the treasurer's salary, which he was not satisfied with-he the said John A Gilchrist claimed a larger sum, on account that he had got so much more money than the president and managers expected. I asked John A. Gilchrist how he had obtained that money? His reply was that the road measured more than twenty-seven miles, and that he defied any of us to make it more than twenty-five miles, or words to that import; and he the said John A. Gilchrist, stated that it was James Murry that suggested the idea or the plan, and he thought the managers should consider or recompence him for it. Said Gilchrist also stated that it was not altogether for his services that he claimed such a large salary; it was for his responsibility, and further saith not.

WILLIAM NEWLON.

Sworn and subscribed before me the 15th day of March, 1823.

ROBERT RAINEY.