INDEX TO VOL. I

_Acts of Congress._--Propriety of limiting the period of their operation,

note, 82;

safe-keeping of, 129.

_Adams, John_, elected Vice President in 1789, 10;

voted for as President in 1789, 10;

in 1793, 385;

addresses the Senate on taking the chair as Vice President, 11;

Vice President U. S., 441, 520.

_Address, Inaugural._--Washington, 12.

_Address of the Friends in Pennsylvania, &c._, urging the discontinuance

of the Slave Trade, 201.

_Address of House to President._--In committee, on answer to the

President's Address;

clause respecting the Western expedition against the Indians under

consideration, 256;

alarm occasioned by the Greek treaty, 256;

secret articles thus early, 256;

sufferings of the people of Georgia, 286.

Encouraging navigation considered, 257;

too early for the House to commit itself, 257;

mode of expression might conduce to the exclusion of foreign bottoms, 257;

expressions of the President, 257;

amendment proposed, 257;

exclusion ruinous to Southern States, 257;

the words of the report and amendment, 257;

not be hasty to declare all exports shall be in American bottoms, 257;

tonnage duties paid in Georgia, 257;

a substitute proposed, 258;

no reason to think the House will be committed by adopting the Address, 258;

two modes of answering the Address, 258;

amendment lost, 258.

_Answer to the Presidents Speech_, debated, 532;

_note_, 532;

the House should not bow so much to the President as to approve of his

proceedings without knowing what they were, 532;

he says his policy in regard to foreign nations is founded in justice; we

intend to convey a general sentiment of approbation, 532;

the amendment proposes substantial approbation, 532;

the distinction is trifling, 532;

the mission of Mr. Jay should not be approved till we know his instructions,

532;

better withdraw the motion than to bring it forward at such an expense of

temper, 533;

motion withdrawn, 533;

amendment moved relating to self-created societies, 533;

an excitable expression, 533;

self-created societies of the country, 533;

as improper to pass a vote of censure as one of approbation, 534;

the conduct of these people had tended to blow the insurrection, 534;

objected that these societies will acquire importance by a vote of censure,

534;

amendment of no weight, 535;

leave the societies to their own conscience, 535;

this declaration from the House will tend to discourage Democratic

Societies, 535;

persons most violent against the excise laws had been equally so against the

insurgents, 535;

the President did not want them to intermeddle with the societies, 536;

the societies had produced Western insurrection, 536;

the effects of the societies, 536;

the societies composed of patriots, 537;

amendment can answer no purpose but that of disturbing the public peace,

538;

the evils arose from the excise laws, not from Democratic Societies, 538;

the Democratic Societies in a great measure originated the late

disturbances, 539;

misinformation existed, 540;

amendment lost, 540.

_Answer to President's Message to 1st Session of 4th Congress_,

considered in the Senate, 594;

nothing should be contained in it such as to force the Senate to precipitate

decisions, 594;

_note_, 594;

two clauses objectionable; our situation is not in every way auspicious,

594;

nothing reasonably objectionable, 594;

some members could not vote for the Address without palpable inconsistency,

595;

every article of the Treaty objectionable, 595;

the term "firm" applied to the Executive improper, 595;

the ratification of the Treaty in all its aspects is advisable, 595;

the objections considered, 595;

the clauses record a fact, 596;

further consideration of the objections, 596.

_Answer to President's Speech, 1st Session of 4th Congress_, considered

in the House, 605;

practice of addresses disapproved, 605;

practice coeval with the constitution, 605;

moved to strike out certain words, 606;

clause goes too far, 606;

the confidence of a part of the people was diminished, 607;

motion denies confidence of the House and the public in the President, 607;

such a thing was once supposed impossible, 607;

what are the facts? 607;

defence of the President, 608;

recommitted, 608.

_African Slaves._--Motion to bring in a bill relative to their

importation, 84.

See _Duties on Imports and Slavery_.

_Algerine War_, report of the committee on, 475;

resolution to build four ships of forty-four, and two of twenty guns

considered, 475;

cannot be done in a year, 475;

two points to be considered--do the Algerines act from their own impulse in

this matter? if so, they can be bought, 475;

if excited by Britain, they cannot be bought, 475;

there is danger of a British war from fitting out the ships, 475;

the combined powers would regard their equipment as an opportunity to pick a

quarrel, 475;

the ships would be too small to be important in Europe, 475;

British would attempt to search them, hence a quarrel, 475;

bribery alone can purchase security from the Algerines, 476;

not a match for the Algerines, 476;

harbors for American ships in Europe, 476;

views on the subject, 476;

no security if we buy a peace, 477;

an armament urged, 477;

Britain is the cause, Algiers the instrument, 477;

this expedient unlikely to answer the purpose, 477;

competency of the ships examined, 478;

the charge against Britain unfounded, 478;

this country not in a state for war, 478;

_note_, 478;

six vessels sufficient, 479;

the bill regarded as affording protection to commerce against the Algerines,

and as the foundation of a permanent Naval Establishment, 480;

various objections urged to this view, 480;

the question is simply whether our commerce requires protection against the

Algerines, and whether this is the best course to protect it, 482;

these points considered, 482;

objections to the bill reviewed, 482;

argument against a Naval Establishment considered, 482;

passage of the bill, 482.

_Allegiance, Foreign_.--See remarks of Madison and Jackson, 97 and 98.

_Amendments to the Constitution_.--Application of the Legislature of

Virginia for a convention to consider defects, and report amendments, 47;

debate, 47;

this application should remain on the files until proper number of

applicants come forward, 47;

any subject can be referred to a committee, 47;

the propriety of committing it doubtful, 47;

Congress has no deliberative power on this occasion, 48;

the application of a State should be respected and regarded, 48;

it should be entered at large on the files of the journal, 48;

so ordered, 48.

_Proper mode of amending considered_, 133;

proposition to insert after the words "We the people," in the first

paragraph, a brief clause, 133;

not the proper mode of amending the constitution, 133;

it should be done by supplement, 133;

moved to amend by a resolution declaring, "That the following articles be

proposed as amendments," &c., 133;

form of less importance than substance, but there is a neatness and

propriety here in incorporating articles, 134;

method proposed by the resolution incompatible with the constitution, which

requires amendments to form a part of the constitution, 134;

all amendments should stand separate from the constitution--see precedents,

134;

supplementary form most desirable, 134;

by incorporation the original instrument may be entirely gone, 135;

can the mode make any possible difference, 135;

how can amendments be incorporated, 135;

report of committee founded on recommendation of State conventions, 135;

the original constitution should remain inviolate, and not be patched from

time to time like Joseph's coat, 136;

_magna charta_ never altered by incorporation of amendments, 136;

arguments for incorporation considered, 136;

motion lost, 137;

see _note_, 137.

_Freedom of conscience considered_, 137;

proposition to insert the words, "no religion shall be established by law,

nor shall the equal rights of conscience be infringed," 137;

the words liable to a wrong construction--have a tendency to abolish

religion altogether, 137;

amendment unnecessary--Congress no authority to make religious

establishments, 137;

many sects think they are not well secured, and the effect of amendment will

be conciliatory for the new government, 137;

some States had desired it, 137;

reason thereof, 137;

experience of Rhode Island, 137;

apprehensions of the people, 138;

result, 138.

_Right of instruction considered._--On a motion to insert the words, "to

instruct their representatives," an amendment proposed, 138;

arguments against the right, 138;

its propriety in this country, 139;

if our constituents have a constitutional right to instruct, we are bound to

obey, 139;

the words are calculated to mislead by conveying the idea to the people that

they have a right to instruct, 139;

duty of a representative, 139;

dangerous tendency of the doctrine, 140;

what may be the consequence of binding a man to vote according to the will

of others in all cases, 140;

arguments in favor, 140; this amendment is of a doubtful nature, and will

have a tendency to prejudice

the whole system, 141;

if sovereignty resides with the whole people, they cannot, in detached

bodies, contravene an act established by the whole, 141;

the clause would not bind representatives, 141;

it will operate inconveniently to the more distant States, 141;

under its adoption, one member as good as many, 141;

no law of the House would be of force if a majority were instructed against

it, 141; subversive of the principles of

the constitution, 141;

must members violate the constitution if instructed, 142;

objections further considered, 142;

no instruction should have binding force, 143;

right of State Legislature to instruct the House opposed, 143;

absolute necessity of adopting the amendment, 143;

no right of obligation claimed for instructions heretofore, 144;

constitutions of several States recognize the right, 144;

motion lost, 144;

another motion, 144.

_Amendments_ proposed in the Senate relative to the judiciary power of

the United States, 445;

do. passed in Senate, 446.

AMES, FISHER, Representative from Massachusetts, 21, 175, 255, 315,

388, 527, 637;

on duty on molasses, 30;

on duty on hemp and cordage, 37;

moves duty on barley and lime, 38;

remarks on tonnage duties, 48;

remarks on tonnage duties, 54; on the scale of duties on imports, 59, 62,

65;

would make no bargain or compromise relative to duties on imports, 69;

further remarks, 70, 71;

opposes the motion to lay duty on African slaves, 74;

thinks a limitation of the impost bill injurious to public credit, 79;

further remarks, 80, 84; on the admission of Rhode Island, 101;

on the President's power to remove officers, 106;

on the organization of the Treasury Department, 110;

on the compensation of the Vice President, 122;

on the right of instructions, 143;

on the location of the seat of government, 158;

further remarks, 160;

on manner the Secretary of the Treasury shall make his report, 177;

on the discrimination between foreign and domestic debts, 195;

on discrimination of public creditors, 215;

moves to strike out "Potomac," and insert Germantown as seat of Government,

249;

on excise officers, 271;

further, 272;

on the commitment of the bill for a Bank of the United States, 273;

do. speech on the bank, 278;

on report of Secretary at War, 317;

on the bill for the encouragement of the Cod Fisheries, 353;

on attendance of Secretary of War, 391, 392;

on discharging Committee on defeat of St. Clair, 393;

on petition of Warner Mifflin, 397;

on official conduct of Secretary of Treasury, 436;

on the commerce of the United States, 468;

on fighting the Algerines, 477;

in favor of taxing salt, 506;

urges duties on manufactured tobacco and refined sugar, 507;

on the advance of money to France, 514;

on an increase of the army, 515;

on raising a force for protection of S. W. frontier, 517;

on the President's speech, 532;

on resolutions of thanks to General Wayne, 545;

on the renunciation of nobility for citizenship, 562;

on reference of letter of Secretary of War, 568, 569;

on the execution of the British treaty, 743.

AMY DARDIN'S horse, claim for, 763;

_note_, 763.

_Apportionment Bill, see_ Ratio of Representation;

veto of, 374;

action of the House on, 374.

_Appropriations_.--Bill for the appropriations for 1792 considered, 330;

various amendments proposed, 330;

bill recommitted, 330.

_The Right of Congress to withhold_ appropriations from existing

establishments considered, 625;

_note_, 625;

moved to strike out all appropriated for the officers of the mint, 625;

such motion cannot regularly be brought forward, 626;

the bill is conformed to the state of the public engagements, 626;

an investigation should be made on an independent footing, 626;

a discretionary power in the House to appropriate or not, 626;

when legal establishments are made, neither branch has a right to withhold

its assent to appropriations conformable to the public engagements, 626;

illustration, 626;

the House is not to pass an appropriation bill as a matter of course, 627;

amendment agreed to, 627;

in the House, moved to strike out all appropriated to the mint, 627;

motion to strike out an appropriation for the purpose of bringing the policy

of a law into discussion, is repugnant to legislative duties, 627;

doctrine of discretionary power not correct, 627;

no appropriation should obtain sanction unless the House were convinced of

the propriety of the law, 627;

otherwise the House becomes a mere office for registering edicts, 628;

House has no right to obstruct the operation of the laws while they exist,

628;

otherwise, the House has a right to refuse an appropriation to pay a just

debt, 628;

a constitutional view, 628;

mode of getting rid of an establishment by refusing appropriations not the

constitutional one, 628;

expenditure of Washington's administration, _note_ 629.

_The bill providing appropriations_ for military, &c. establishments

considered, 763;

debate on the value of rations and the amount appropriated, 764;

the army had been reduced, but not the expenses, 764;

various sums proposed for the gross amount for different objects, 765;

other items considered, 766;

_note_ 767.

ARMSTRONG JAMES, votes for, as Vice President, in 1789, 10.

ARMSTRONG JAMES, Representative from Pennsylvania, 455, 528.

_Army, Memorial of Officers of_, 397.

_Army, Reduction of_--Resolution for the appointment of a committee to

bring in a bill for the reduction of the United States Military

Establishment considered, 398;

reasons and necessity of the motion, 398;

expenses, charges, and increase of the War Department, 398;

_note_, 398;

the protection of the frontiers considered if the army is disbanded, 399;

amount of reduction suggested, 399;

expense of militia expeditions, 399;

improper time to disband the army when negotiations of peace are going on,

399;

been warring with our finances to keep up an army, 400;

dangerous so suddenly to alter the system, 400;

strange statements of members considered, 400;

referred to Committee of the Whole, 401;

calculations examined, 401;

circumstances requiring a force, 401;

history of the frontier wars, 402;

superiority of regular troops over militia shown, 402;

case of Major Adair, 402;

successes of Clark and Sevier, 402;

improper to take militia to fight Indians, 403.

Improper to adopt the motion under the present circumstances of the country,

404;

former law gave President power to exercise his discretion, 404;

have circumstances so changed as to render it proper for the Legislature to

interfere? 404;

the great object of the additional armament is peace, 404;

cannot rely upon the backwoods riflemen to turn out as often as wanted, 404;

the President has practised economy in organizing the troops voted for, 404.

The motion only goes to prevent the raising any more troops, it does not

disband a man, 405;

militia always more spirited soldiers, and fitter for fighting the Indians

than regulars, 405;

experience with militia, 405;

no peace can be obtained from the Indians unless dictated by British agents

in Canada, 406;

any immediate alteration of the system dangerous under present

circumstances, 406;

the spirit of the motion in regard to the prevention of standing armies is

good, 407;

the reduction of the military establishment will neither put an end to the

savage war, nor to the enormous expense, 407;

consider the state of the exposed parts of the Union, 407;

these people demand the protecting arm of Government, 408;

commenced wrong in warring with the Indians, 408;

if public officers have misapplied the public money, the constitution

pointed out a mode to punish them, 408;

the defence of the frontier is of superior concern to the redemption of the

public debt by savings to be made by a reduction of the army, 408;

a particular plan is set in operation, and it should be tried, 409;

confidential communications referred to, 409;

this protection of the frontiers is a test of the Government, 409;

this Indian war differs from any other, 410;

not sufficient information respecting the prospect of peace to warrant a

reduction of the army, 410;

any abuses in the war establishment are insignificant, 410;

regular troops grow experienced, and by a line of forts trade can be

cultivated with the Indians, 411;

the most important question before the House--on its decision are suspended

the hopes of the people for peace and their fears of a standing army, 411;

the principle of keeping up standing armies, though highly obnoxious to the

people, has not been equally so to the Government, 411;

effects of standing armies, 411;

much deliberation is not necessary to form an opinion of military

establishments, 411;

the arguments of the opponents lead to four points, 412;

these points considered, 412;

although a war establishment is objectionable, this system should not be

arrested at the moment of its efficiency, 414;

a standing army is impossible so long as this House holds the purse-strings,

414;

motion lost, 415;

further considered, 416.

_The Pay of Soldiers proposed_ to be increased from three to four dollars

per month, 459;

motion to add a fifth dollar, 459;

no proportion between the wages of ordinary labor and that of military

service, 459;

it was justly due, 460;

no reason for this increase of wages, 460;

better to increase the rations, 460;

six dollars had secured some of the most respectable kind of people in

Pennsylvania, 460;

further considerations offered, 461;

motions withdrawn, 461.

_Bill to increase the Army_, lost, 511;

bill to increase the military force and to encourage recruiting, considered,

515;

principle of the bill wrong, 515;

is it proper to intrust the President with a discretionary power to raise an

army of ten thousand men owing to the particular state of the country? 515;

if we have war, it is economy to be prepared beforehand, 515;

no danger to trust the President, 515;

the force can be discontinued at our pleasure, 515;

it would involve the country in useless expense, 515;

the interests of the country promoted by vesting the President with this

power, 515;

what would be the consequence if he cannot make preparation when he sees the

war approaching, 516;

no such immediate prospect of war as could induce the House to violate the

constitution, 516;

under the constitution one branch of the government raises an army, and the

other conducts it, 516;

it encroaches upon a salutary principle of the constitution, 516;

bill rejected, 516.

_Amendments of the Senate_, fixing the military establishment considered,

759;

number of troops sufficient without this amendment, 759;

amendment to keep a larger number of troops, negatived, 759;

moved to retain the Major General, 759;

question debated, 760;

lost, 760.

_Arts useful_, to promote progress of, 259.

ASHE JOHN BAPTIST, Representative from North Carolina, 239, 259, 317.

_Assumption of State Debts.--See_ Treasury, Report of Secretary of.

B

BAILEY THEODORE, Representative from New York, 455,527, 604.

BAIRD DAVID, Representative from Pennsylvania, 604.

BALDWIN ABRAHAM, Representative from Georgia, 42, 175, 255, 317, 388,

455, 527, 604;

on the practicability of collecting duties, 63;

on organization of Treasury Department, 93;

on the preparation of estimates by the Secretary of the Treasury, 113;

on the compensation of the President, 116;

further remarks, 119;

on power of Congress to interfere with slavery, 209;

presides in Committee of the Whole, 216, 220, 221, 228;

on memorial of officers of Navy, 240;

on vacancy in the Presidency, 269;

on ratio of representation, 322;

on the meeting of the Electoral College, 333;

on the preparations for the Algerine war, 476;

on admission of the delegate south of the Ohio, 530;

on a salary for members of Congress, 636;

on a stenographer for the House, 631;

on Post-roads, 637;

on rights of the House relative to treaties, 659;

on the admission of Tennessee, 756.

_Bank of the United States._--On the passage of a bill from the Senate to

incorporate the subscribers to the Bank of the United States, 272;

recommittal moved, 272;

various objections to the bill, 272;

no argument in favor of a bank can be deduced from Great Britain, 272;

no necessity for a bank, 273;

plan unconstitutional, 273;

Government has power to borrow money and therefore had a right to create

capital to facilitate it, 273;

its operation benefits all parts of the Union, 273;

bill should be recommitted as too important to pass without discussion, 273;

other objections urged, 273;

clause of constitution respecting monopolies refers to commercial

monopolies, 273;

no sufficient reason for recommitment, 273;

fault of members if they have not offered their objections, 274;

motion for recommitment lost, 274;

put on its final passage, 274;

advantages and disadvantages of banks, 274;

is the power of establishing an incorporated bank vested by the constitution

in the Legislature of the United States? considered at length, 275;

rules of interpretation, 275;

clauses upon which constitutional power is based, 275;

general welfare clause, 275;

various answers to it, 275;

former bank no precedent, 275;

this is not a bill to borrow money, 276;

the clause, "All laws necessary and proper," &c., does not give unlimited

discretion to Congress, 276;

the Government is of limited and enumerated powers, 276;

consequences of considering that the power to borrow authorizes the creation

of means to lend, 276;

various objections urged, 277;

distinction between a power necessary and proper for the Government, and a

power necessary and proper for executing an enumerated power, 277;

contemporary expositions of the constitution, 277;

if the power is in the constitution, its immediate exercise is not

essential, 278;

motion to recommit lost, 278;

bill put on its passage, 278.

Little doubt of the utility of banks, 278;

constitutional question examined, 279;

may Congress exercise any powers not expressly given in the constitution but

deducible by a reasonable construction of it, and will such construction

warrant the establishment of a bank? 279;

the doctrine of implied power has been a bugbear to many, 279;

danger of implied power does not arise from its assuming a new principle,

279;

not exercising the powers we have may be as pernicious as usurping those we

have not, 279;

if some interpretation of the constitution may be indulged, by what rules is

it to be governed, 280;

Congress may do what is necessary to the end for which the constitution was

adopted, if not repugnant to natural rights or reserved powers, 280;

as the bank is founded on the free choice of those who use it, and highly

useful to the people and government, a liberal construction is natural and

safe, 280;

a presumption in favor of its conformity to the constitution, 280;

necessity of a bank to other Governments, 280;

if war should suddenly break out here, is Congress to provide for it? 280;

objected, that necessity is the tyrant's plea, 280;

how does Congress get the right to govern the Western Territory, 281;

is the establishment of a national bank a violent misinterpretation of the

constitution, 281;

are corporate powers incidental to those which Congress may exercise by the

constitution, 281;

Congress may exercise exclusive legislation in certain places--of course

establish a bank, 281;

the preamble to the constitution warrants the remark that a bank is not

repugnant to its spirit and essential objects, 281;

Congress may exercise all necessary powers, 282;

constitutionality never before doubted, 282;

the whole business of legislation is a practical construction of the powers

of the Legislature, 282;

immense difficulties to be surmounted on all important questions, 282;

whenever a power is delegated for express purposes, all the known and usual

means for the attainment of the objects are conceded, 282;

if banks are among the known and useful means to facilitate and effectuate

the ends of Government, the argument is irrefragable and conclusive to prove

the constitutionality of the bill, 283;

the utility of banks, 283;

answer to various objections, 284;

silence of the people is presumptive that they regard the measure as

constitutional, 284;

every power necessary to secure the great objects of the constitution must

necessarily follow, 284;

the power of removability had been construed, it was as

important as the present, 285;

numerous objections considered, 285;

the expediency of banks considered, 285.

Latitude in construing the constitution to be reprobated, 285;

bill will interfere with State rights, 285;

arguments drawn from implication considered, 286;

that banks may exist without a charter reprobated, 286;

construction of powers considered, 286;

the powers relative to finance do not warrant the adoption of any powers

thought proper, 286;

power over Western Territory had reference to property already belonging to

the United States, 286;

necessity of proposed institution denied, 286;

general welfare clause, 286;

European banks, 286;

facility of borrowing will involve the Union in irretrievable debts, 287;

a geographical line divides friends and opponents of the measure, 287.

Is Congress vested with power to grant privileges contained in the bill?

considered, 287;

what rights will this company enjoy in this new character that they did not

enjoy independent of it, 287;

the bank must be a legally artificial body composed of these rights, 288;

is not this simple power fairly to be drawn by necessary implication from

those vested by the constitution in the legislative authority? 288;

not express but necessarily deduced, 288;

peace is preserved by being always prepared for defence--this is a duty of

Congress, but it must borrow money to secure it, which a bank can aid, 288;

banks only are reliable for borrowing money, 289;

a national bank is the necessary means for this end, 289;

numerous powers have been exercised which were deduced by implication, 289;

if power was given to raise an army, the making provision for all the

necessary supplies and incidental charges was included, 290;

quotations from the Federalist, 290;

some objections to a bank considered, 291;

no preference shall be given to one part of the Union over another, not an

objection, 291;

this clause inserted for a particular purpose, 292;

expediency of a national bank, 292;

divisions of opinion in Philadelphia, 292;

instances of implied powers exercised, 292.

Members vary widely in their opinion of the direction of the Government,

292;

the Continental debt has travelled eastward of the Potomac, this law is to

raise the value of that paper, 292;

implication a serpent that may sting and poison the constitution, 293;

it destroys the principle of the Government at a blow, 293;

it is agreed that the power is not expressly granted but implied, yet it is

not agreed as to the particular power to which this is an incident, 293;

latitude of principles premised reprobated, 293;

the form not only points to the ends of Government but specifies the means,

293;

if all laws proceed from expediency, what becomes of the constitution? 293;

the idea that no implication should be made against the law of nature, &c.,

is hostile to the main principle of our Government, 293;

review of precedents in the former and present Congress which are relied on

to justify the measure, 294;

arguments of its advocates considered, 295;

there is no necessity, no occasion for a bank, 295;

propriety of its adoption not manifest, 296;

source of all the arguments in favor of the measure, 296;

arguments in favor of the measure, or the doctrine of implication

considered, 297;

authority to grant charters in general, 297;

preamble of the constitution, 297;

other clauses, 297;

general welfare clause, 297;

to regulate commerce, 298;

the terms "necessary," and "proper," 298;

exclusive jurisdiction considered, 298;

derived from its incidentality to the mere creation and existence of

government, considered, 298;

does it not interfere with rights of States? 299;

expediency of the measure considered, 299;

the right of exercising this authority problematical, 300;

death will be the penalty of counterfeiting, thus a life at stake on one

hand, and an improvident act on the other, 300;

two modes of administering the government, 300;

objections to the bill in detail, 300;

unconstitutionality considered, 300;

Blackstone's rules of interpretation, 301;

what is the meaning of the word "necessary," 301;

rules of Blackstone applied, 302;

this mode of interpretation compared with that of opponents of the bank,

303;

the usage of Congress considered, 303;

sense of the Federal Convention considered, 304;

no such consequence as a monopoly can result from the bill, 305;

Congress cannot give authority to purchase land, considered, 305;

the sense of the Continental Convention is regarded differently by senators,

305;

the restriction contended for would annihilate the most essential rights of

the citizens, 305;

origin of corporations, 305;

various objections illustrated, 305.

Warmth and passion should be excluded from this question, 306;

the powers proposed to be given do not exist antecedent to the

incorporation, 306;

various arguments examined, 306, 307;

defects of the bill, 307;

previous question moved, 308;

bill passed, 308.

Motion made in the Senate to exclude Bank officers and stockholders from

Congress, 445;

amendment proposed, 446;

amendment to the amendment passed, 446;

further amendments considered, 446.

BARNWELL, ROBERT, Representative from South Carolina, 317, 390;

on ratio of representation, 322;

on the cod fisheries, 356;

on official conduct of the Secretary of the Treasury, 421, 426.

BASSET, RICHARD, Senator from Delaware, 9, 251, 313, 383;

appointed on Judiciary Committee, first Congress, 10;

on committee on rules in cases of conference, first Congress, 10;

on manner of electing chaplains, 10;

on rules of business, 10.

BEATTY, JOHN, Representative from New Jersey, 455, 527.

BECKLEY, JOHN, elected Clerk of the House, 21,315, 604.

_Beef, Salt._--Duty on, opposed and rejected, 34.

_Beer, ale and porter_, in bottles or casks, 33;

duty on, 34;

beer, duty on, 113.

BENSON, EGBERT, Representative from New York, 23,175, 255, 317, 388;

on committee for reception of President, 27;

reports on reception of President to the House, 33;

reports from committee on administering the oath to the President, 45;

moves the organization of three executive departments, 85;

further remarks, 85;

on a Board of Treasury or Superintendent of Finance, 92;

on the Treasury Department, 109;

on the form of amending the constitution, 135;

on manner in which Secretary of Treasury shall make his report, 177;

on motion to discriminate among the public creditors, 217;

presides in Committee of the Whole, 229;

on vacancy in the Presidency, 268, 270;

on the stamp of American coins, 372.

BENTON, LEMUEL, Representative from South Carolina, 519, 555.

_Bills, Money._--Power to originate, 110;

do. enrolled--a standing committee ordered, 129.

BINGHAM, WILLIAM, Senator from Pennsylvania, 591.

BLAIR,----, chosen chaplain of the House, 316.

BLAND, THEODORICK, Representative from Virginia, 21;

remarks on duties on imports, 28;

on duty on Madeira wine, 31;

opposes a duty on salt beef, 34;

regards duty on nails, &c., unequal, 38;

presents application of Virginia for amendment of constitution, 47;

remarks, 47;

advocates low duties on imports, 61;

urges appointment of committee of conference on first disagreement between

the two Houses, 67;

urges limitation of the impost bill, 78;

in the power of the President to remove officers, 87;

further remarks, 89;

believes the power of Congress to require oaths of State officers.

BLOODWORTH, TIMOTHY, Representative from North Carolina, 255;

on excise bill, 265;

further remarks, 271;

Senator from Maryland, 591.

BLOUNT, THOMAS, Representative from North Carolina, 455, 527, 604;

the right to Indian lands within a State, 578;

on intruders on Indian lands, 585;

on the admission of Tennessee, 755, 757.

BLOUNT, WILLIAM, Senator from Tennessee, 602.

BOUDINOT, ELIAS, Representative from New Jersey, 21, 175, 255, 315,

388, 455, 527;

informs the Senate of the readiness of the House to meet them and count the

electoral votes, 10;

urges scale of duties on imports proposed by Congress in 1783, 23;

engages in the debate, 26;

further speech, 27;

on duty on distilled spirits, 28;

do. on molasses, 28;

on duty on Madeira wine, 32;

on duty on hemp, 36;

favors duty on teas, 42;

reports on reception of President, 44;

opposes high duties, 44;

on the application to amend the constitution, 47;

reviews objections to high and low duties in regard to collection, 63;

on no limit to the impost bill, 78;

further remarks, 83;

moves organization of executive department, 85;

further remarks, 85;

on the power of the President to remove officers, 88;

whether the treasury shall be composed of one or many officers, 93;

on the duties of Secretary of the Treasury, 110;

on providing house and furniture for the President, 117;

further remarks, 119;

on pay of Vice President, 122;

presides in Committee of Whole, 126;

on amount of pay of members, 132;

further remarks, 133;

presides in Committee of the Whole, 145;

moves Potomac, Susquehanna, or Delaware, instead of east bank of Susquehanna

for seat of Government, 162;

on importance of the report of the Secretary of the Treasury, 182;

on the assumption of the State debts, 194;

further remarks, 197;

on the constitutional right of an attempt to depress the slave trade, 203;

remarks on the motion to discriminate among public creditors, 207;

further remarks, 211;

on Pennsylvania memorial, 235;

moves to strike out "Potomac," and insert "Delaware" for seat of government,

249;

offers resolution for a land office, 260, 261;

on the commitment of the bill for a Bank of the United States, 274;

speech on the bank, 287;

on report of Secretary of War, 317;

on the ratio of representation, 320;

further remarks, 324:

on the petition of Catherine Greene, 336;

against attendance of Secretary of War, 391;

on discharging committee on defeat of St. Clair, 394;

on official conduct of Secretary of Treasury, 430;

on the pay of soldiers, 460;

on the flag of the Union, 461;

on the French emigrants from St. Domingo, 463;

do. on the relief of do., 474;

on the embargo, 480;

on the legality of the sequestration of British debts, 484;

on non-intercourse with Great Britain, 495;

on admitting the delegate south of the Ohio, 529;

further do., 531; on the coinage of cents, 546;

on indemnification to sufferers by Pennsylvania insurgents, 547, 549;

do. on the Pennsylvania insurgents, 552;

on amending the naturalization laws, 555;

on the requirements of titled foreigners for citizenship, 561;

on reference of letter of Secretary of War, 567;

on the reduction of salaries, 572;

on the right to Indian lands within a State, 578, 580.

BOURNE, SYLVANUS, appointed by the Senate to notify John Adams of his

election as Vice-President, 10.

BOURNE, BENJAMIN, Representative from Rhode Island, 260, 315, 388,

457, 528;

on amending the naturalization laws, 559;

on post roads, 637;

on a salary for members of Congress, 637;

on the rights of the House relative to treaties, 666;

on the military and naval appropriation, 764.

BOURNE, SHEARJASHUB, Representative from Massachusetts, 315, 388,

455, 528;

on the Cod Fisheries, 363.

BRADBURY, THEOPHILUS, Representative from Massachusetts, 604.

BRADFORD, WILLIAM, Senator from Rhode Island, 445, 520, 591.

BRADLEY, STEPHEN R., Senator from Vermont, 313, 380, 444, 523.

BRENT.--On the rights of the House relative to treaties, 666.

_Bribery_.--Case of Robert Randall considered, 609;

charges, 609, 610;

arrest of Randall and Charles Whitney, 611;

time given to prepare for defence, 611;

debate thereon, 611;

further statement of the case, 612;

charges against Randall and against Whitney, 613;

petition of Randall for counsel considered, 614;

report on further proceedings, 614;

considered, 615;

information against accused, 617;

counsel of Randall, 618;

examination of members, 619, 620;

resolutions on the case, 621, 622;

case of Whitney, 622;

debate thereon, 623;

Whitney discharged, 624.

BROWN, JOHN, Representative from Virginia, 175, 255, 315;

on Quaker memorial, 229.

BROWN, JOHN, Senator from Kentucky, 380, 444, 520, 591.

BRYAN, NATHAN, Representative from North Carolina, 604.

BUCK, DANIEL, Representative from Vermont, 606.

BURKE, EDANUS, Representative from South Carolina, 27, 175, 255;

on low price of staples in South Carolina, 37;

opposes duty on salt, 38;

on tonnage duties, 50;

favors effective tonnage duties, 54;

opposes any title for President, 66;

urges low salaries in consequence of embarrassed finances, 122;

brings in a bill for compensation of members and officers, 129;

on the right of instructions, 144;

on the admission of foreigners, 188;

one year too short a term for naturalization, 189, 190;

opposes the commitment of the Quaker memorial, 202;

Pennsylvania memorial unconstitutional, 208;

further remarks, 229;

on memorial of officers of navy, 240;

on a seat of Government, 243;

further remarks, 246;

on vacancy in the Presidency, 270.

BURGES, DEMPSEY, Representative from North Carolina, 604.

BURR, AARON, Senator from New York, 309, 441, 520, 591;

vote for, as Vice-President in 1793, 386;

on resolutions relative to presentation of French flag, 601.

BUTLER, PIERCE, Senator from South Carolina, 15, 168, 251, 309, 380,

442, 591;

on answer to the President's speech, 594;

on consideration of resolution relative to presentation of French flag, 598;

on resolution relative to presentation of French flag, 599.

C

CABELL, SAMUEL J., Representative from Virginia, 604.

CABOT, GEORGE, Senator from Massachusetts, 309, 380, 441, 520, 591.

CADWALADER, LAMBERT, Representative from New Jersey, 22, 175, 255,

455, 528;

on a committee to report a bill regulating oaths, 22.

_Candles, Tallow_, duty on proposed, 34;

adopted, 35.

CARNES, THOMAS P., Representative from Georgia, 455, 527;

on continental troops on frontiers, 518;

on indemnification to sufferers by Pennsylvania insurgents, 550;

on the right to Indian lands within a State, 579;

on intruders on Indian lands, 587;

offers amendment to resolution relative to intruders on Indian lands, 589.

CARROLL, CHARLES, Senator from Maryland, 10, 254, 303;

added to Judiciary Committee, 10;

on committee to prepare an answer to Washington's inaugural, 12;

reports on President's Message relative to the ratification of certain

treaties, 20;

urges decision relative to duty on molasses, 70, 71;

on the amendment to the constitution relative to freedom of conscience, 137;

on Fort Cumberland as a seat of Government, 159;

further remarks, 160, 164;

on vacancy in the Presidency, 269.

CARROLL, DANIEL, Representative from Maryland, 22, 175.

_Census of the Union_, debate on, 181;

in order to know the various interests of the United States, the description

of the several classes into which the community was divided should be

accurately known, 181;

census should comprise more than a mere enumeration of the inhabitants, 181;

the progress of each interest thus shown, 181;

motion that the marshal receive of every white male inhabitant over twenty-one

years of age five cents, and for every male slave of like age three cents,

as his compensation, 182;

an equitable tax, 182;

motion lost, 182;

bill read a third time, 184.

_Charitable objects_, appropriations by Congress for, _see_

French Refugees, 462.

_Chaplains_, manner of electing, Senate committee on, 10;

resolution of the House on, 168.

CHRISTIE, GABRIEL, Representative from Maryland, 437, 527, 604;

on the President's Speech, 537;

on the Randall bribery case, 610.

_Circular_, addressed to absent member at the first session of Senate, 9.

_Citizenship_, during absence, see contested election of William Smith,

96.

_City Hall_, New York, use of, tendered to Congress, 10;

accepted, 10.

_Civil List for 1796, note, 629._

CLAIBORNE, THOMAS, Representative from Virginia, 457, 527, 608;

on the reduction of salaries, 571, 575.

CLARK, ABRAHAM, Representative from New Jersey, 316, 388, 455;

on the ratio of representation, 326;

on election of President, 334;

on attendance of Secretary of War, 391;

on the reduction of the army, 405;

further remarks, 407;

on the French emigrants from St. Domingo, 462;

on the relief of do., 474;

on the commerce of the United States, 472;

on the preparations for the Algerine War, 475;

on the embargo, 500;

urges postponement of indemnity resolutions, 504;

asks what taxes are paid by back settlers, 506;

opposes duties on manufactured tobacco and refined sugar, 507.

CLAXTON, THOMAS, elected assistant doorkeeper of House, 22, 315.

CLINTON, GEORGE, votes for as Vice President in 1789, 10;

vote for as Vice President in 1793, 386.

CLOPTON, JOHN, Representative from Virginia, 604.

CLYMER, GEORGE, Representative from Pennsylvania, 22, 175, 255;

engages in the discussion on laying duties on imports, 27;

advocates protection of unwrought steel, 35;

on state of paper mills in Pennsylvania, 41;

sustains the power of the President to remove certain officers, 89;

opposed to title for President, 68;

opposed to incorporating amendments in the body of the constitution, 134;

on the right of instruction, 139;

on the location of the seat of Government on the Susquehanna, 151.

_Coal_, duty fixed, 42, 113.

COBB, DAVID, Representative from Massachusetts, 455, 527.

COCKE, WILLIAM, Senator from Tennessee, 602.

_Cod Fisheries._--A bill for the encouragement of the bank and cod

fisheries, and for the regulation and government of the fishermen employed

therein, considered, 350;

motion to strike out first section, 350;

principle of the bill doubted, a bounty on occupations, 350;

no powers given to Congress for such a purpose, 350;

the revenue to be employed in this bounty is to be drawn from all the

sources of revenue, 350;

an authority given to any government to exercise such a principle would lead

to tyranny, 350;

bad policy to encourage an occupation that would diminish rather than

increase the aggregate wealth, 351;

the bill does not contain that kind of encouragement essential to national

defence, 351;

the part of the national defence derived from the fisheries would be too

costly, 351;

to show the propriety of the measure, it should be demonstrated that the

trade is in a state of decay, &c., 351;

that there is a system of defence involved, &c., 351.

The fisheries are confined to Massachusetts, which is a part of the Union,

351;

they are a nursery of hardy seamen, a never failing source of protection to

commerce, 351;

more annoyance to the enemy from privateers, in the war, than from any other

source, 351;

all desired by the bill is to avoid the burden of duties, 352;

the drawback on exported fish benefits the merchant, not the fishermen, 352;

this bill pays the same money to the fishermen, 352;

no bounty in the case, 352;

it is only a drawback on the salt used on the fish, 352;

the fishermen are now under no control, 352;

bounty given only to those who conform to regulations, 352;

constitution says no duty shall be laid on exports, 352;

on exporting dried fish, the exporter is entitled to draw back the duty paid

on the salt--this is the whole question, 352;

defects of drawback law shown, 352;

bill defended on three grounds, 353;

it will increase the national wealth, 353;

it affords naval protection in time of war, 353;

character of the fishermen, 353;

product of the fisheries, 354;

anticipated increase in exports, 354;

advantages now derived by the Government, 355;

mode of paying the bounty explained, 355;

not a dollar will be charged to the public, 355;

other points considered, 356;

justice only is asked, 356;

it is not a bounty, 356;

we ask that the drawback, in all instances, shall be equal to the money

received, 356;

the allowance proposed will not be greater than the drawback on exportation,

356;

if it were a bounty, it would only be similar to the indulgence granted the

land and agricultural interests, 357;

how can Massachusetts contribute for protection to the Western frontier when

no contribution is made to support her commerce, which, without it, will be

ruined? 357;

diminution of revenue shown, in consequence of the failure of the fisheries,

357.

The money to be given will exceed the drawback, 358;

this surplus is a bounty, and Congress has no power to grant bounties, 358;

two or three provisions of the constitution to the point, 358;

what will follow the doctrine of bounties, 358;

guards in the constitution against the dangerous bias of interest which the

doctrine of bounties subverts, 358;

the objects of the bounty mark a dangerous innovation, 359;

it is better to increase the drawback, a plan comprehending the useful parts

of the bill without the objections, 359.

Nothing of a bounty except the name in the bill, 360;

the object of the bill is to encourage fishermen and thereby increase their

numbers, and to govern them by certain laws by which they will be kept under

due restraint, 360;

these points considered, 360;

the bill proposes to commute the drawback on the exportation of fish to a

payment on the tonnage--thus no bounty, 361;

the bill contemplates no more than what the merchant is entitled to by

existing laws, 361;

the powers of the Government must, in various cases, extend to granting

bounties, 361.

A material distinction here between an allowance as a mere commutation and

modification of a drawback, and an allowance in the nature of a real and

positive bounty, 362;

the term bounty improper here, and does not express the sense of the bill,

362;

some think Congress may do any thing they may think conducive to the

"_general welfare_" 362;

this term examined at some length, 362;

consequences of the novel idea advanced, 363;

the power of Congress, if established to this latitude, would subvert the

Government, 363;

is it worthy the attention of the Government that the cod fisheries should

be preserved? 363;

privilege carefully secured in the treaty with Great Britain, 363;

products obtained in exchange for fish are dutiable, 364.

Congress does not possess the power, 364;

arguments for the bounty examined at length, 365;

perhaps the State Legislature should give the bounty, 365;

framers of the constitution guarded against partial preferences extremely,

366;

is it politic and wise to exert this power even if it be authorized by the

constitution? 366;

an examination of terms used, 368;

distinction between bounties and drawbacks, 368;

arguments drawn from the term "general welfare" dangerous, 368;

general welfare and particular welfare, 368;

the inherent rights of the Government, 369;

passage of the bill, 369.

_Coffee_, duty on, 33.

COFFIN, PELEG, Jr., Representative from Massachusetts, 456, 528.

COIT, JOSHUA, Representative from Connecticut, 457, 527, 604;

on the rights of the House relative to treaties, 687;

on the execution of the British treaty, 731;

on the admission of Tennessee, 757.

COLES, ISAAC, Representative from Virginia, 23, 175, 456, 604.

_Commerce of United States._--Report of Secretary of State on the

privileges, and restrictions on the commerce of the United States in foreign

countries, considered, 458;

_note_ on, 458;

proceedings previous to the adoption of the constitution, 458;

duty to see if such measures could not be taken as would be promotive of

those objects for which the Government was in a great measure instituted, 458;

effects of such a movement, 458;

numerous considerations advanced, 459;

line to which the debate should be confined, 464;

Great Britain and France, the two powers aimed at in the restrictions

proposed, 464;

an accurate and impartial comparison of the commercial systems of the two

countries in reference to the United States; the test of the solidity of these

propositions, 464;

results of the comparison, 464.

Should any thing be done at this time in the way of commercial regulations

towards vindicating and advancing our national interests? 465;

Navigation Act of Great Britain, 465;

to allow trade to regulate itself, is not to be admitted as a maxim

universally sound, 465;

history of American policy, 466;

trade between the United States and Great Britain, considered, 466.

We should not regard the favoring of the French and British nation, but

study to do that which would tend to the promotion of our own commerce

and the interest of our own navigation, 467;

which would suffer most, the United States or Great Britain? 467;

three fourths of our revenue is derived from our commerce with Great

Britain, 467;

our intercourse with Great Britain, excepting some points, is as favorable

as we can expect, 468;

a judicious system of regulations would be of infinite advantage to the

maritime interest of this country, 468;

principles in regard to trade, 468;

the subject is divided into navigation and manufactures, 469;

navigation considered, 469;

benefits derived from the consumption of European manufactures, 470;

on the trade between America and Great Britain, 471;

fixed principles and regulations by which to promote our commerce, 472;

question considered in a political light, 472;

the question postponed, 473.

_Promoting Commerce_ by the increase of American seamen; moved that a

committee be appointed to report bills for, 395;

injury and insult arising from having British seamen, 395;

cases of search and seizure stated, 396;

conduct of Great Britain, 396;

Government should take steps to secure abundance of American seamen, 396;

motion adopted, 396.

_Committee._--Senate, 1st Congress; on judiciary, 10;

on rules in cases of conference, 10;

on manner of electing chaplains, 10;

on arrangements for receiving President, 10;

to wait on Vice President, 11;

on conducting the ceremonial of receiving the President, 11;

to prepare an answer to Washington's Inaugural, 12;

of House to report a bill regulating oaths, 22;

of House to receive President, 37;

to receive Vice President, 37;

on supplies ordered, 46;

appointed, 46;

on disposition of papers in the office of late Secretary of United States,

46;

on the answer to Washington's Inaugural, 46;

on supplies; instructions to, 57;

of Conference with Senate on disagreement relative to title of President,

69;

to draft bills organizing Executive Departments, 94;

to draft bills on pay of members, 126;

on the establishment of a land office, 127;

on enrolled bills, 129;

to bring in bills relative to a seat of Government, 164;

of Senate to draft an address to the President, 169;

of Senate to bring in a bill additional to the Judiciary Act, 170;

on unfinished business of last session, 170;

of House on unfinished business of the last session, 171;

to wait upon the President, 175;

to prepare an address to the President, 178;

of Senate to draft an answer to the President's address, third session,

first Congress, 253;

standing, appointed by the Speaker, 315;

on rules, 315;

to prepare an answer to the President's address, 316.

_Compensation of the President, &c._--Report of a committee on the

compensation of President, Vice President, Senators, and Representatives

considered, 116;

in what style is the President expected to live? 116;

is five thousand dollars in proportion to the services of the Vice

President? 116;

members should know the rate at which they are paid in order to regulate

their expenses, 116;

the pay of the President should be granted as one sum, 117;

under the constitution, he can receive no other emolument, 117;

the provision in the report for paying the expenses of enumerated articles,

house, furniture, clerks, horses, does not leave the President in the

situation contemplated by the constitution, 117;

furniture and plate should always be provided by Government, 117;

report perfectly constitutional; if one thing can be allowed, another can

be, 117;

the constitution intends nothing but a fixed compensation for his services,

117;

compensation should be according to services, and the President allowed to

live as he pleased, 118;

there should be proper dignity attached to the office, 118; motion to strike

out enumerated articles, horses, &c., carried, 118;

motion to strike out twenty and insert thirty thousand dollars, 118;

do. divided, first carried, 118; various sums proposed, 119;

if we knew the style in which the President should live, amount of pay would

be easy to determine, 119;

experiment only can tell, 119;

$25,000 sufficient to test it, 119; various sums farther considered, 120;

$25,000 adopted, 120.

_Compensation of Vice President_ considered, 120;

$5,000 per annum in quarterly payments reported, 120;

nothing in the constitution gives him a right to a salary, 120;

moved to strike out $5,000 in order to allow salary when he acts as

President, and daily pay for services in the Senate, 120;

$5,000 is out of proportion to $25,000, 120;

it should be a perpetual salary as he is expected to remain at the seat of

Government, and be ready in case of death of the President, 120;

a compensation is to be made only for services rendered, 120;

Lieutenant Governors of States, 120;

services required of Vice President, 121;

advantages of the position, 121;

constitution silent on the subject, 121;

therefore left to the Legislature to determine, 121;

pay according to services does not hold good in Executive and

Judiciary Departments, 121;

the post not a sinecure, 121;

no more entitled to an allowance than the other members of the

Legislature are, 122;

shall the Vice President receive a per diem or an annual salary?

the constitution should serve as the ground by which to determine, 122;

all motions lost and original proposition agreed to, 123.

_Pay of Senators and Representatives_ considered, 123;

six dollars per day and for every twenty miles proposed, 123;

six per day for Senators and five for Representatives moved, 123;

a distinction made in the constitution, 123;

discrimination opposed, 123;

discrimination urged on the ground of different qualifications and mode of

election, 123;

difference not perceived in the constitution, 124;

discrimination evidently contemplated in the constitution, 124;

unless adopted, proper Senators may not be obtained, 124;

no difference in Legislative concerns, 124;

arguments in favor of discrimination considered, 124;

do. 125;

distinction marked in many points, 125;

a discrimination may eventually be a public injury, 126;

a measure injurious to the Government, 126;

motion lost, 126;

bill for compensation, &c., 129;

moved to strike out six dollars as pay of members, 129;

objects of the mover, 130;

six dollars too high, 130;

present course is contrary to all Parliamentary proceeding, 130;

motion to strike out lost, 131;

bill reported to the House, and moved to strike out six dollars, and insert

five, 131;

six too high, 131;

consider the principles upon which the President, Judges and members are to

be paid, 131;

necessary to secure an independent Legislature, 132;

five high enough, 132;

insinuations of improper and unworthy motives in the movers, 133;

motion lost, 133.

Annual salary proposed of $1,000 for members of the House, 635;

present mode good--no alteration necessary, 635;

members be induced to greater despatch in business, 635;

public think the session unreasonably protracted, 635;

annual salary causes neglect of business, 635;

a salary, a bounty to neglect business, 635;

a measure affords no advantage, 636;

many suppose the bill to cover advance pay--yearly allowance not shorten

sessions, 636;

further consideration advanced, 636;

motion to strike out the word annual passed, 637;

motion to strike out greater allowance to the Speaker, 638;

debated at length, 638;

motion lost, 639.

_Congress._--Day of meeting, 9;

_note_, 46;

proposition to adjourn first session, 16;

adjournment of first session, 20;

compensation of members, 116;

debate on, 116;

pay of members, 123;

debate on discrimination in pay of members of two Houses, 123;

compensation of members and officers, 129;

debate on amount of pay, 129;

first session, adjournment of, 167;

second session, day of meeting, 168;

members of, when term of office commenced, 171;

second session, 175;

first, third session, 251;

first, closed, 308;

second, first session, 309;

second, first session closed, 379;

second session commenced, 388;

third, first session, 455;

third, second session, 520;

adjournment, second session of third Congress, 591;

fourth, first session, 592.

_Connecticut._--Vote for President, 10, 385.

_Constitution._--Amendment of, proposed by Virginia, 47;

how treated by the House, 48;

debate on the mode of, 133;

on the freedom of conscience, 137;

right of instruction, 138;

debate on, 138;

vote on, 144;

all amendments, in one report, 144;

constitution, amendments of; _see Amendment_ of the constitution.

CONTEE, BENJAMIN, Representative from Maryland, 89, 175.

_Contested Elections._--Debate on the resolution that William Smith,

member of the House, had been seven years a resident of the United

States at the time of his election, 94;

statement of Mr. Smith, 94;

was Mr. Smith a citizen of South Carolina during his absence in Europe? 97;

if the laws of the State decided him to be, that should settle the question,

97;

is the gentleman eligible to a seat in the House, or has he been seven years

in the United States? 97;

qualities of a citizen and an alien, 97;

to become a citizen, allegiance is first due to the whole nation, 98;

what was the situation of the people of America when the dissolution of

their allegiance took place? 98;

views of Mr. Madison, 98;

opposite views of Mr. Jackson, 99;

vote admitting Mr. Smith, 99.

_Ineligibility of Albert Gallatin_ to a seat in the Senate, considered,

448;

on the petition of Conrad Earle, reported that it remains with Mr. G. to

prove his citizenship, 448;

facts stated, 448;

who shall open the prosecution and conclude the arguments? 449;

Mr. G. was an inhabitant of the United States before the peace of 1783, 449;

all previous laws respecting aliens were done away, 449;

he conceived himself a citizen from the time of his first qualifying, 449.

Qualifications required in Virginia and Massachusetts, 449;

mischievous consequences of permitting such innovations, 449;

the doctrine of the old law still virtually in force, 449;

other objections considered, 450;

reply of Mr. Gallatin, 450, 451, 452;

vote of the Senate, 452.

COOPER, WILLIAM, Representative from New York, 604.

_Cotton_, its introduction into South Carolina contemplated, 37.

COUNT DE GRASSE, Memorial of heirs of, 582.

CRABB, JEREMIAH, Representative from Maryland, 624.

_Creek Nation._--Secret article of treaty with, 173.

_Crown on the State House_ at New Haven, 563.

D

DALTON, TRISTRAM, Senator from Massachusetts, 10, 168, 251;

on committee for conducting reception of President, 11.

DAWSON, WILLIAM J., Representative from North Carolina, 455, 527.

DAYTON, JONATHAN, Representative from New Jersey, 316, 388, 455, 527,

604;

in favor of the attendance of the Secretary of War, 391;

on discharging committee on defeat of St. Clair, 395;

on reduction of the army, 400;

acknowledges thanks of the House, 440;

on the sequestration of British debts, 483;

against continuing the embargo, 500;

moves to refer indemnity resolution to committee on sequestration of British

debts, 503;

advocates his motion, 503;

in favor of the bill to increase the army, 515;

on admitting the delegate south of the Ohio, 529;

on administering the oath to the delegate south of the Ohio, 531;

on the President's speech, 535;

on indemnification to sufferers by Pennsylvania insurgents, 547, 548;

on Pennsylvania insurgents, 552;

on amending naturalization laws, 555;

on reference of letter of Secretary of War, 568;

on the purchase of Indian lands, 583;

elected Speaker, 604;

do. speech, 604;

on establishing Indian trading-houses, 624;

on the pay of the Speaker, 638;

on the execution of the British Treaty, 748;

on the admission of Tennessee, 754, 755;

on the military and naval appropriation, 764, 765.

DEARBORN, HENRY, Representative from Massachusetts, 455, 527, 664;

on thanks to General Wayne, 546;

on the sense of the House relative to the British treaty, 750, 751;

on the admission of Tennessee, 755.

_Debate_, on duties and imports, 37, 41, 57, 58;

on permanent seat of government, 145;

on amendments of the Senate to House bill fixing seat of government, 165;

on call of the House, 176;

on manner in which Secretary of the Treasury shall make a report, 177;

on answer to President's speech, 178;

on admission of reporters, 180;

on census of United States, 181;

on report of Secretary of the Treasury, 182;

on the naturalization laws, 184;

on the assumption of State debts, 191;

on the reception of the address of the Friends urging the discontinuance of

the slave trade, 202;

publication of, 377;

on a military establishment, 390;

on the defeat of St. Clair, 391, 393;

on the reduction of the army, 398;

on official conduct of the Secretary of the Treasury, 418;

on the pay of soldiers, 459;

on the commerce of the United States, 464;

on the war with Algiers, 475;

on sequestration of British debts, 483;

on non-intercourse with Great Britain, 493;

on the embargo, 499;

on indemnity for spoliations, 503;

on tobacco and sugar duties, 507, 599, 511;

on the delegate south of the Ohio, 529;

on answer to President's speech, 531;

on Pennsylvania insurgents, 547;

on naturalization bill, 555;

on reduction of salaries, 571;

on Thomas Pearson and others, 576;

on Indian lands in Georgia, 586;

on the address to the President, 605;

Robert Randall bribery case, 609;

on appropriations, 625;

on Treaty with Great Britain, 639;

on admission of Tennessee, 754.

_Debt of the States_, _note_, 140;

assumption of, 191.

_Delaware_, vote for President, 10, 385.

_Delegates from Territories._--Report on the credentials of James White,

Representative of the territory south of the Ohio, 528;

unconstitutional to permit the delegate to debate and not to vote, 528;

the law says he shall be a member of Congress--one House is not Congress,

hence the delegate may vote in both Houses, 528;

constitution makes no provision for such a person, 528;

his proper title is to a seat in the Senate, 529;

the House can admit those whom it regards as lawfully entitled to a seat,

529;

by whom was he to be paid? 529;

expedient to admit the delegate, 529;

the House has the right to consult or admit any one to debate, but not to

vote, 529;

an act of the whole legislature requisite for the introduction of a

delegate, 529;

an act of the legislature impracticable, 529;

he has a right to a seat founded on an original compact, 530;

amendment proposed, 530;

the constitution admits no such character, 530;

report of the committee, 530;

moved that the delegate be required to take an oath, 531;

the constitution requires only members and the clerk to take an oath, 531;

improper to demand an oath of a delegate as he cannot vote, 531;

motion lost, 531.

DENT, GEORGE, Representative from Maryland, 455, 527, 604.

_Departments_, executive, debate on, 85;

of interior, organization of, proposed as a home department, 85;

of State, organization of, proposed, 85;

resolved, 86;

of treasury, organization of proposed, 85;

of war, organization of, proposed, 85;

of the treasury, organization of, proposed, 90;

debate, 90;

three commissioners of treasury voted down, 94;

executive, resolution on, 94;

do. committee on, 94;

of State, on removal of the Secretary by the President, 102;

of war, 108;

do. bill ordered to be engrossed, 109;

of the treasury, debate on duties of the Secretary, 109;

home, 127;

proposition lost, 128;

see _Executive_ departments.

DEXTER, SAMUEL, Jr., Representative from Massachusetts, 457, 528;

on the French emigrants from St. Domingo, 463;

against continuing the embargo, 500;

opposes reference of the indemnity resolutions to committee on sequestration

of British debts, 505;

on admitting the delegate south of the Ohio, 529, 530;

on the President's speech, 532, 535, 538;

on indemnification to sufferers by Pennsylvania insurgents, 550, 551, 553;

on amending naturalization laws, 556;

on the exclusion of titled foreigners from citizenship, 557.

DICKINSON, PHILEMON, Senator from New Jersey, 251, 309, 380.

_Discrimination_, in public creditors, _see Treasury_, report of

Secretary.

_Distilled spirits_, debate on drawback, 43;

duty on, proposed, 28, 29;

duty on, 113;

_see Duties_ on imports.

_Drawbacks_, _see Duties_ on imports.

DUDLEY, GIFFORD, elected doorkeeper of House, 22, 315.

_Duties ad valorem_, laid, 41, 43;

collection of, bill reported, 57;

on imports, bill laying the same considered, 15;

subject brought before the House by Mr. Madison, 22;

scale adopted in 1783, 23;

debate on, in committee, 23, 33, 44;

effect of high duties on smuggling, 44;

debate thereon, 69, 73;

debate on limiting the time of the bill, 77;

amendment proposed, 81;

withdrawn, 83;

another moved, 84;

bearing of the debate upon protection, _note_, 84.

_Duties on Import_s.--Debate on, 22;

importance of the subject, 22;

deficiency of the Treasury, 22;

the propositions by Congress in 1783, suitable for a basis, 23;

heretofore approved by the States, 23;

tonnage duties added, 23;

necessity of the measure, 23;

motion to fill the blanks of rate of duty as proposed by Congress in 1783,

23;

filling the blanks should be postponed until the business is more mature,

23;

immediate filling not necessary, 23;

the proposition considered in a revenue light alone, 24;

system of the plan proposed, 24;

its simplicity, 24;

something more than a temporary measure should be adopted, 24;

list of articles on which duties should be levied proposed, 24;

a single system embracing the most material and productive articles is best

at present--a plan comprising all is a work of time and leisure, 25;

to establish a permanent regulation now is most satisfactory to the public,

25;

five per cent. on all imports excepting a few articles enumerated for

specific duty proposed in 1783--the history of the ancient world shows

protection to domestic manufactures, 25;

the fostering hand of the General Government should extend to all

manufactures of national utility, 25;

any system of imports must be founded on mutual concession, 26;

the means of encouraging agriculture should be considered, 26;

of this we have the monopoly, 26;

commerce, labor and industry, should be free, with some exceptions--every

nation should have means of defence within itself, 26;

imposts the easiest system of revenue, 26;

but in what manner shall it be done? 26;

specific duties on enumerated articles desirable, 26;

a political necessity exists for encouraging manufactures, and raising a

revenue, 27;

what articles shall be taxed, what amount of money will each yield, and in

what manner shall it be collected? 27;

these questions should be the subjects of two bills, 27;

in laying duties where the quantum is unascertainable, they should be low

rather than high, 27.

_Rum._--Fifteen cents per gallon proposed, 27;

fifteen too high, ten moved, 27;

committee not prepared to enter on the business in the accurate manner

proposed, 27;

encouragement to manufactures in their present feeble state would be a tax

on the public for the benefit of a few, 27;

what article shall be subject to specific, and what to _ad valorem_,

duties, and on what principle shall the discrimination be made? 28;

if the main object is revenue, consider when a duty is laid how far it is

likely to be collected, 28;

fifteen cents per gallon on rum may tempt smuggling, 28;

it is one third the cost, 28;

the highest sum can be collected, 28;

revenue is the present object, and rum is the most productive article, 28;

what shall be the duty on one article must be determined by the

circumstances of the article, 29;

yet fifteen cents on rum may lead to evasion of the law, 29;

fifteen cents adopted, 29;

_drawback_ on rum exported, of six cents, 49;

lead to frauds on the revenue, 43;

no drawback will be a great injury to the manufacture, 43;

drawbacks will not operate to the disadvantage of the revenue, 43;

if not allowed it will be a restraint on commerce, 43;

particularly unjust if not allowed on rum, 43;

this was an encouragement to commerce, and should not be combined in a bill

encouraging manufactures, 43;

drawbacks generally, 45;

duty on rum, 65;

motion to reduce lost, 65.

_Bill repealing duties_ heretofore laid on distilled spirits imported

from abroad, and laying others in their stead, and also upon spirits

distilled within the United States, considered, 262;

an excise law to be reprobated, 263;

unequal in its operation, 262, 263;

history of excises in England, 263;

compliment to importers on promptness in paying duties, 263;

bill hostile to the liberties of the people, 263;

present revenue and demands compared, 263;

tendency to promote smuggling, 263;

mode of raising additional revenue disliked, 263;

motion to strike out duties specified in order to insert duties on molasses,

264;

of all excises that on ardent spirits least exceptionable, 264;

direct taxation preferable, 264;

no other mode can be adopted, 264;

other sources of revenue might be explored, 264;

smuggling be promoted, 264;

deficiency exists--money must be raised--direct taxation impracticable, 264;

operation of an excise in North Carolina, 265;

an equal and just mode of taxation, 265;

good sense of the people support it, 265;

no more proper subject for revenue, 265;

direct taxes opposed, 266;

difference from the English bill, 266;

excises constitutional, 266;

people of Southern States cheerfully acquiesce in the wisdom of Legislature,

266;

probable revenue of the year, 267;

an amendment moved to prevent inspectors, &c., from interfering in

elections, &c., 270;

the amendment should be extended to every person, 270;

proposition important, 271;

bad policy to render the law odious by fixing a stigma on the officers to

execute it, 271;

propriety of the motion, 271;

motion does not go far enough, 271;

reasons for the amendment, 271;

objections to the amendment, 271;

amendment lost, 272;

bill passed, 272.

_Molasses._--Shall we tax spirits or the article from which it comes,

29;

better collect on the importation of molasses, 29;

eight cents is in proportion to the tax on rum, 29;

this is a raw material important to manufactures in Eastern States, a

necessary of life--the tax, a local burden--two cents high enough, 29;

a principle of action should be adopted, 29;

if molasses is taxed high because the duty on spirits is high, a necessary

of life is burdened, 29;

this rate of duty is unequal, 30;

it will bring sudden ruin on the manufacturers of domestic spirits, 30;

if a particular duty bears hard on one member of the Union, it is part only

of a system bearing equally upon all, 30;

is this duty ruinous to Massachusetts? 30;

let a drawback of this duty be paid on all rum exported, 30;

eight cents is more than a third of the cost of molasses, and higher than

the duty on rum, 31;

six cents is more equitable; this principle now fixed would carry them

through the whole, 31;

fixed at six cents, 31;

if a reduction is made on other articles, there should be one on molasses,

69;

the duty is not rated in proportion to other articles; the reduction must

depend on the article itself, 69;

should so rate as to make the States bear their due proportion of the

aggregate, 69;

every article should stand on its own bottom, 70;

this duty is out of proportion, and too high to be collected, 70;

it is a tax on a raw material and on an article of consumption, 70;

the necessity of a drawback on country rum is incurred, 70;

without the molasses trade the fishery cannot be carried on, 70;

experience is against high duties on molasses, 70;

fish are given in exchange for French molasses in the colonies; if the

exportation of molasses is impeded so is that of fish, 71;

the arguments of the advocates of a reduced duty, 71;

six cents changed to five, 73.

_Madeira Wine._--Thirty cents proposed, as it corresponds with the rate

per cent. on the value--a principle now admitted, 31;

fifty cents proposed, as the article is not a necessary of life, and it is

desirable to raise all the revenue from imports, 31;

fifty cents prohibitory, 31;

the duty should be according to the relative value of the article at the

time and place of importation, 32;

cost of wine estimated, 32;

thirty-three cents substituted, 32;

discrimination on all other wine, 32;

discrimination not proper at this time, 33.

_Sugar_, put on same footing as molasses, 33.

_Beer, ale, and porter._--This manufacture should be encouraged, 33;

nine cents moved, 33;

the duty should be so high as to give preference to American beer, 33;

a low tax will raise money enough, 33;

nine cents prohibitory, 33;

prohibition will increase the manufacture and reduce the price--encourage

raw material, 34;

eight cents fixed, 34.

_Candles._--Moved to strike out, 34;

it is necessary to continue encouragements begun by the State Governments,

34;

a small encouragement would place the article beyond competition, 35;

if there was much importation of the article, it should be taxed for the

sake of revenue, 35.

_Steel, unwrought._--Any duty on, unwise and impolitic, 35;

more deserving of a bounty, 35;

a little encouragement would furnish abundance, 35;

encouragement of the object of selecting the article, 85;

the smallest tax on steel would be a burden upon agriculture, an interest

most deserving of protection, 35;

condition of South Carolina, 35;

local considerations must be got rid of, 35;

what operates to the benefit of one part in establishing useful institutions

will operate finally to the advantage of all, 36;

sixty-six cents a heavy duty on agriculture and mechanic arts, 36;

fixed at fifty-six, 36.

_Hemp and Cordage._--Policy of taxing cordage doubtful, 36;

ship-building of national interest, 36;

duty on hemp moved also, 36;

if one is necessary, so is the other, 36;

soil of the country ill adapted to hemp, 36;

a duty on it would discourage navigation, trade and fisheries, 36;

policy of taxing either doubtful, 36;

Southern States calculated to raise hemp--protection to husbandry important

as to manufactures, 36;

distinction between taxing manufactures and raw material, 36;

no amount of duty could give encouragement, if present price failed to do

it, 36;

frontier lands excellent for its growth, 36;

the committee should do as much for the farmer as the artisan, 36;

American lands will produce it equal to any in the world, 37;

a small duty would turn public attention to it, 37;

agriculture should be encouraged, but not at the expense of ship-building,

37;

forty cents moved, 37;

encouraging the settlement of western lands will encourage ship-building

more than a bounty on hemp, 37;

a low duty will encourage its growth in South Carolina and Georgia, 37;

if hemp left out, cordage should be also, 38;

a low duty at first, 38;

fifty cents fixed, 38;

immediate encouragement contended for, 54.

_Nails, spikes, &c._--This is a tax on the improvement of estates, 38;

like a tax on hemp, would increase the price of ship-building, 38;

an unequal tax, 38;

in a little time the home supply would equal the demand, 38;

needs no legislative assistance, 38;

refusing the duty will do no material injury, 38;

one cent per pound fixed, 38.

_Salt_, a necessary of life, 38;

present price high, 38;

much to be depended on as a source of revenue, 39;

this tax heavier on the poor than on the rich, 39;

no encouragement would be sufficient to establish its manufacture, 39;

this tax unpopular and unjust, 39;

it will cause much dissatisfaction with the new Government, 39;

dissatisfaction will be only partial, 40;

the tax not unequal, 40;

taxes, to be just, should affect all, as this will, 40;

the good sense and justice of the people to be trusted, 40;

to be considered on the principle of justice and policy, 40;

it falls on all alike, is part of a system, 40;

any distinction is in favor of the Southern division, 40;

if oppressive to the West, the equilibrium is restored by other articles in

the system of revenue, 40;

no law unjust and oppressive should be made, 41;

such the duty on salt will be considered, 41;

fixed at six cents, with a drawback on salted provisions, 41.

_Teas_, a discriminating duty in favor of American bottoms proposed,

41;

a large trade now sprung up with the East, 42;

policy of the measure doubtful, 42;

its object is not to add to the revenue, 42;

long voyages unfriendly to commerce, 42;

the only advantage is to raise the India commerce, 42;

large amounts of American produce were exported in this trade, 42;

it would afford protection against the large companies in Europe, 42;

duty fixed as proposed, 42.

_Coal._--Coal came from Europe as ballast so cheap as to prevent the

working of the mines in Virginia, 42;

three cents fixed, 42.

_Scale of duties_, motion to reduce as too high, 44;

the scale will be found not too high, 44;

certainly too high to be well collected, especially in Georgia, 44;

greater revenue can be obtained from a lower scale, 44;

high duties produce smuggling, 44;

high duties now will lead to smuggling, and oppress certain citizens and

States for the benefit of others, 57;

high duties raise a scruple respecting the allowance of a drawback, 58;

high duties improper, because they are impolitic, 59;

Southern States willing to consent to moderate duties, and give every

encouragement possible, but not consent to great oppression, 59;

are the duties too high or not? 59;

what are the objects of Government--revenue one of the first? 60;

if the revenue system falls with oppressive weight, it will shake the

foundations of the Government, 60;

what we may reasonably expect to collect is the point to be considered, 60;

the chain of ideas upon which the whole subject is suspended, 60;

all the money should be drawn from impost which can be, 60;

rate of the duties, 60;

if the scale is reduced, the amount of revenue will be insufficient, 61;

direct taxation and excises are the only other means of resource, 61;

experience of the old Congress and the increase of our importations show the

scale to be too high, 61;

the objects for which the money is needed are most important, 62;

direct taxes are the alternative of lowering the scale, 62;

every article stands as well as possible under the information possessed,

62;

the arguments of the advocates of low duties considered, 62;

this system compared in amount with that of Great Britain, 63;

arguments of the advocates of high duties considered, 63;

a host of revenue officers required to collect high duties would leave

little for the treasury, 64;

America has vessels well adapted for smuggling, 64;

effects of high duties on the mercantile interest, 64;

the impost will be well collected, 64;

whatever is just and right the people will judge of and comply with, 65;

if revenue is our primary object and other considerations secondary, we

should do nothing to operate against the principle, 65;

object of the committee is to raise revenue, 65.

_African Slaves._--Duty on their importation moved, 73;

not to be hastily considered, 73;

impost bill on goods not proper to embrace this subject, 73;

the motion should comprehend the white slave as well as black imported from

the jails of Europe, 74;

no right to consider whether the importation is proper or not, as the

constitution gives the power, 74;

the principle of the bill is to raise revenue, the principle of the motion

is to correct a moral evil, 74;

the whole burden falls on two or three States, which bear their full

proportion of other taxes, 74;

imposing a duty on the importation may have the appearance of countenancing

it, 74;

if negroes are goods, they come within the provisions of the bill--if not,

the bill would be inconsistent, 74;

the motion should be brought forward as a distinct proposition, 74;

now is a proper time and place to consider the motion, 75;

the object of enumerating persons on paper with goods is to prevent the

practice of treating them as such by having them form part of cargoes of

goods, 75;

the tax not partial--in many instances such taxes are laid, 75;

arguments of the opponents considered, 75;

no difference whether left among enumerated or non-enumerated articles, 76;

would a five per cent, _ad valorem_ on goods apply to slaves unless so

stated, 76;

the States were now prevented from continuing their duty on the importation,

76;

motion withdrawn, 76.

_Limitation clause_ as to the time of continuing the impost bill moved,

77;

propriety doubted, 77;

difficulty of fixing a suitable time, 77;

this is an experiment, and should be limited to three or five years, 77;

if the law is temporary, the people will not object to high duties, 77;

the object of the bill is the re-establishment of public credit, a motion

limiting it strikes at that credit, 77;

to pass a bill to draw revenue from the people without limitation of time

appeared dangerous, 77;

it was not only to restore credit, but encourage certain people to engage in

enterprises for which the public faith seemed to be pledged, 77;

if made perpetual, the House could not alter it unless the President or a

majority of the Senate approved, 78;

the House is constitutionally the originator of money bills, 78;

impossible to provide for the objects of the bill if it is limited to a few

years, 78;

a future Congress may repeal it, 78;

great care was necessary to preserve the principle of raising money

inviolate, 78;

there are great demands on the treasury, and no documents to show what they

are or what the revenue bill will produce, 79;

danger of making the bill perpetual is the loss of power to originate money

bills, and the extending the revenue above the demands of Government, 79;

a temporary limitation would inspire confidence, 79;

a perpetual one for interest alone would destroy all hope of payment of the

principal, and shock credit, 79;

nothing but a fixed, permanent, system can give security, 79;

public credit will not admit a temporary act, 80;

a measure of this kind necessary to reconcile members to different parts of

the bill, 80;

if the law is made perpetual, it will collect money in the public coffers

after the debt is paid, 80;

the Senate more likely than the House to misunderstand the public voice--the

latter should preserve power of redress, 81;

examination of reasons for making the law perpetual, 81;

no law should be passed without a limitation, 83;

no opportunity to amend errors if the law is made perpetual, 83;

the system should be permanent if the law is not perpetual, 83;

no revenue law with a limitation can probably be found on the English

statute books, 83;

motion withdrawn, and another substituted fixing a day for the termination

of the act, unless otherwise provided, &c., 84;

latter part struck out, 84; motion passed, 84;

first day of June, 1796, fixed, 84.

Duties as agreed in conference with the Senate, 113;

bill for laying additional duties considered, 506;

three cents additional on salt opposed as oppressive, 506;

it is better than a land tax, 506;

no tax could be so universally unpopular as this, 506;

rejected, 506;

other duties considered, 506;

one and a half cents additional laid on coal, 506.