FOOTNOTES:

[1] Of this talent, Mr. Gales has lately given a most remarkable

instance, in drawing out from notes which had remained as lost for near

forty years, a most important speech of Mr. Randolph, delivered shortly

before the late war with Great Britain, and in relation to the then

condition of public affairs, both with Great Britain and the Emperor

Napoleon the First. Mr. Gales had taken down the speech: the notes of it

got into the bottom of a trunk, and lay there till a year ago, when Mr.

Gales, searching high and low for matter for the Annals, chanced to find

them; and immediately drew out the full speech with the freshness and

vigor of a morning report of a previous day's debate.

[2] In the first five years of the existence of the Federal Government,

there was no publication of debates in the Senate, that body having sat

with closed doors, in its legislative as well as in its executive

capacity, until the 20th of February, 1794. Until that time there will

be no Senate debates to be abridged; but the proceedings of the body

were fully kept in journals, and selections from these proceedings will

afford much curious and instructive information to the student of

American political history, as showing the manner in which the founders

of the government put it into operation, their views in relation to

important points, and the changes which the constitution of the Senate

has undergone.

[3] A list of the Senators and Representatives who composed the First

Congress is inserted at page 20.

[4] his address being in the nature of an Inaugural, and confined to

general recommendations, only the beginning and the ending, so

characteristic of the father of his country, have been given.

[5] These entries in relation to the Secretary of Foreign Affairs show

the early method of communicating with the Secretaries, being called

before the Senate to give explanations and bring papers--a method now

superseded by reports. The early Senators lamented the change, believing

the old way to be the best for getting the information that was wanted,

and also the best security against the appointment of incompetent

Secretaries.

[6] Another instance of the early practice of the government. The

President consults the Senate beforehand upon the negotiation of Indian

treaties, and sends the Secretary at War in person to give the necessary

explanations: this mode of consulting the Senate since so far departed

from that that body has no knowledge of the treaty until sent in for

ratification.

[7] This message of President Washington is a strong instance of his

deference for the Senate, thus giving up upon its objection the

nomination of a citizen which he knew to be fit and meritorious. It was

also a strong instance of the deference of the Senate to the Senators of

the State interested in the nomination, Col. Fishbourn having been

rejected simply because the Georgia Senators preferred another.

[8] These proceedings of President Washington and the Senate, in fixing

on the mode of communication between them when treaties were to be

formed, or appointments to be made, was their interpretation of the

clause in the constitution which requires the advice and consent of the

Senate on such occasions. Their interpretation was (according to the

obvious meaning of language) that the advice and consent should be

obtained beforehand; and the practice was in conformity to that

interpretation, as will be seen in the proceedings of the next day, when

the President and Secretary at War attended the Senate, and the

President gave in a statement of facts, which, in his opinion, rendered

treaties with the Southern Indian tribes necessary, and asked the advice

and consent of the Senate upon their formation. These proceedings will

be read with interest by all who study the working of our government,

and observe the changes which its practice has undergone. The change has

been great in the mode of obtaining this advice and consent, and greatly

to the prejudice of the free and independent action of the Senate in

such cases. Instead of consultation and concurrence beforehand, as the

words of the constitution imply, and as the practice under Washington

required (even to the minute provisions of an Indian treaty), the most

important, and even unusual and extraordinary treaties, and with foreign

powers, have come to be negotiated (oftentimes) without even the

knowledge of the Senate, concealed from it until concluded, and then

laid before the body for ratification, as an administration measure--the

ratification to be pressed under all the influences of an executive

measure, and upon all the considerations of inconvenience and danger to

attend the rejection of a measure executively concluded with a foreign

power. Under such circumstances treaties are often ratified, and

appointments often confirmed, under a moral duress of the Senate, the

weight of the executive and the inconveniences of rejection leaving no

chance for the free action of the body. President Polk revived the

Washingtonian mode of consulting the Senate, in the formation of the

Oregon Treaty in 1846, asking the advice of the Senate beforehand on the

point of establishing the boundary line with Great Britain on the

parallel of 49 degrees; whereof the secret as well as the public history

may be seen in the "Thirty Years' View," under the proper year. The

personal attendance of the President and Secretaries being found to be

inconvenient, that part of the mode of communication was dispensed with

in Washington's time.

[9] The question in relation to North Carolina arose out of the

circumstance that she had not then accepted the Federal Constitution,

and was not at that time a member of the Union.

[10] North Carolina was not represented in the _first_ Session of this

Congress, not having at that time accepted the Constitution.

[11] Rhode Island, for the same cause, did not appear till the _third_

Session.

[12] Mr. Bland deceased during the second recess of Congress, and was

succeeded at the third Session by William B. Giles.

[13] See notes to list of Senators.

[14] Ibid.

[15] For a list of the Representatives in the first Congress, see p. 20.

[16] For this list see the Senate Journal.

[17] This scale of duties, thus offered by the Continental Congress of

1783, and agreed to by the States, after proposing small specific duties

on a few enumerated articles, (wines, spirits, teas, coffee, cocoa,

molasses, sugars and pepper,) proposed an _ad valorem_ duty of five per

centum upon all other goods, computed on the value of the article at the

time and place of importation.

[18] In bringing forward the measure for imposing impost and tonnage

duties, Mr. Madison proceeded in the approved parliamentary form, of

first discussing and agreeing upon the provisions of the measure, and

then appointing a committee to bring in a bill according to what had

been agreed upon. Long experience had proved that to be the safest mode

of legislation, giving full scope to the whole intelligence of the

House, before the measure had taken a form which it might be difficult

to alter, as is always the case when a committee brings in a detailed

bill, (without previous instructions from the House,) and which, as an

act of a committee, and as a matured plan, (though done by a few,) has

an authority which resists alteration, and renders amendments, at the

instance of a member, most difficult to obtain. This wise and safe

practice, of settling the provisions of a bill beforehand, has been

nearly abandoned by our Congress--to the great prejudice of beneficial

legislation.

[19] Not additional. The enumerated articles were not to be subject to

the _ad valorem_ duty of five per centum.

[20] The delegates from that State were gone to meet the Vice-President,

who was expected in town this day.

[21] The members of the two Houses of Congress began to assemble on the

4th day of March, but a quorum did not appear in the House of

Representatives until the 1st of April, nor in the Senate until the 6th

of that month. The organization of the two Houses necessarily preceded

the inauguration of the President, which took place on the 30th of

April. Some of the ceremonies observed on that occasion, and for some

time afterwards, have since been discontinued: as, the proclamation for

the long life of the President--his repairing to church to attend divine

service, accompanied by the two Houses--his re-conducting to his own

house by a committee of the two Houses--the answer to the inaugural

address by each House.

[22] In this measure of the tonnage duties the House, as in the case of

the impost duties, (and in fact in all other cases in which a law was

wanted,) first settled the provisions of the bill in discussing the

propositions on which it was to be founded, and then directed a

committee to bring in a bill accordingly: but the bill, when brought in,

still open to debate and amendment. This was the safe mode of

legislation, approved by long experience in the British Parliament, and

still more commended by the evils which have grown out of its

abandonment in our Congress.

[23] The legislative and diplomatic history of the United States affords

abundant evidence of the wisdom of the objection taken in this debate

against the indefinite duration of public acts. To repeal such laws, or

to terminate such treaties, is almost impossible. Besides the difficulty

of getting the three legislative branches to agree at the same time upon

the repeal, or the termination, an interest grows up under the measure

which becomes identified with its existence, and works for its

perpetuity; and when it has been continued for some years, and the

temporary circumstances in which it originated have been forgotten, it

becomes invested with the sanctity of age, and finds protection in the

spirit which dreads change as innovation. Of this character, two acts of

Congress, and two conventions with foreign powers, may be mentioned as

samples of many in our history, to wit: 1. The Factory system of

supplying the Indians with cheap goods through Government agents,

established as a temporary experimental measure for three years, &c.,

under Washington, and which was soon found to be working badly both for

the Indians and for the Government, and yet which could not be got rid

of for thirty years! nor until after the whole capital had disappeared.

2. The salt tax, and the fishing bounties and allowances founded upon

it, revived as a temporary war-tax during the late war with Great

Britain in 1812, and now continued forty years after the war has been

finished! successfully resisting all attempts at repeal, while

burthening the people with an odious tax, and enabling the fishing

interest to take some $300,000 annually (near five millions up to this

time) out of the public treasury, most of it unduly. Of treaties may be

considered as instances the convention with Great Britain for the joint

occupation of the Columbia, where the stipulated right of each party to

terminate it at pleasure upon a year's notice, could not be exercised

for twenty years! and then, with alarms of war and great disturbance to

the country. And also the convention of 1842, with the same power for

keeping up each a squadron on the coast of Africa, (for the suppression

of the slave trade,) for five years; and until either party should give

notice for its abrogation. The five years have been out three times

over! yet the notice cannot be given; and a temporary measure becomes

permanent through an illusory limitation.

[24] The preamble to this act, and the speeches in favor of it, have

been greatly relied upon in support of a protective tariff, but without

reason, as the speeches themselves, and the rate of duties established,

fully show. Every speech showed revenue to be the object of every

proposed duty--protection to domestic industry being an incident to

result from the accomplishment of that object, and from such moderate

duties as were then imposed--the _ad valorems_ being five per centum,

7-1/2 and 12-1/2; and only a single class going as high as fifteen per

centum, and that class confined to an article of luxury, to wit:

imported pleasure carriages. The specific duties were on the like

moderate scale; yet these moderate duties, thus laid for revenue, gave

all the protection which was then asked, and to the satisfaction of

every part of the Union, and cannot be quoted as any argument for the

protective system which so much disturbed the country.

[25] This call to order, and enforcement of it, for so slight a

deviation from the point in debate, is a striking illustration of the

business habits of our early Congresses, and accounts for the reason

(_inter alia_) why the debates of that early time were so pithy,

pointed, sententious, instructive and beautiful.

[26] It is presumable he alluded to Mr. GERRY, a member of a Committee

of Congress, appointed to superintend the Treasury.

[27] The questions of contested elections, generally depending upon

personal and temporary circumstances, are usually omitted in this

abridgment; but where they rise higher and reach the principles of

Government, or connect themselves with the national history, then they

become questions of general and permanent interest, adding to the stock

of political knowledge; and as such are entitled to historical

commemoration. Upon this view of such questions the debate on the

contested election of William Smith, of South Carolina, is here given;

and that on the contested election of Albert Gallatin, and some others,

will be given hereafter.

[28] This remark of Mr. MADISON shows the true reason for instituting

the previous question, which was to prevent debate in cases in which

there ought not to be any; cases in which it was necessary to guard the

House against improper discussion. What a departure from that reason has

since taken place in the House of Representatives! for the Senate has,

thus far, been shielded from the introduction of that question and its

consequent abuse.

[29] It was afterwards renewed and carried, and in that form the

amendments were made, twelve in number, and form additional articles to

the constitution, leaving the text of that instrument unaltered, but

controlled by the amendment where they differ, as in the twelfth

amendment.

[30] By taking the hour of 5 o'clock for the funeral, the adjournment of

the two Houses, and the loss of a day was obviated, while becoming

respect was shown to the memory of the deceased member.

[31] Having found a personal attendance on such occasions inconvenient,

President Washington adopted the form of a written message in asking the

advice and consent of the Senate to the formation of the treaties which

he judged to be necessary. Mr. Polk followed this form in consulting the

Senate on the Oregon treaty of 1846.

[32] The galleries were unusually crowded.

[33] The committee reported in favor of a residence of two years, and

with that provision the bill was passed.

[34] Estimated at twenty-one millions of dollars, and distributed among

the States thus:

New Hampshire, $300,000

Massachusetts, 4,000,000

Rhode Island, 200,000

Connecticut, 1,600,000

New York, 1,200,000

New Jersey, 800,000

Pennsylvania, 2,200,000

Delaware, 200,000

Maryland, 800,000

Virginia, 3,200,000

North Carolina, 2,200,000

South Carolina, 4,000,000

Georgia, 300,000

-----------

$21,000,000

[35] The motion of Mr. Madison was lost, and with it the largest door

was opened to the pillage of original creditors, the plunder of the

public Treasury and the corruption of Congress which the history of any

Government has ever seen. The immediate mischief was some thirty

millions: it was only the beginning. Assignees of claims have since been

the great suitors to Congress--purchasing for a trifle, and upon

speculation--pursuing the recovery by indirect means--taking no

denial--and gaining in the end what was scouted at the start. It has

given rise to a new profession--a new industrial pursuit, still more

industrious by night than by day--hunting up claims, pressing them upon

Congress; and by organization, skill, perseverance, appliances, and

seductions carrying through the most unfounded demands. By the common

law a _chose in action_ (an executory contract) was not assignable; and

the whole experience of our Government from the assumption of the State

debts, and funding of the revolutionary certificates in 1790 down to the

present day, shows that the interest of the original creditor, the

safety of the Treasury, and the purity of Congress require this wise

common law principle to be applied to all claims upon the Government.

[36] These proceedings put an end to abolition petitions in Congress.

The Society of which Dr. Franklin was president was purely philanthropic

in its character, and having got the answer to their petition, "that

Congress had no right to interfere in the emancipation of slaves, or

their treatment in any of the States," acquiesced in the decision and

did not repeat their application.

[37] This measure became combined with the Assumption Bill. Each had

failed by small majorities: both were afterwards passed. There was a

strong sectional party for each, but not a majority. The Eastern and

Middle States were for the assumption--the Southern States against it:

these latter were for the Potomac for the seat of Government--the former

for the Susquehannah. The discontent was extreme on each side at losing

its favorite measure. At last the two measures were combined. Two

members from the Potomac who had voted against the assumption, agreed to

change their votes: a few from the Eastern and Middle States who had

voted against the Potomac, agreed to change in its favor; and so the two

measures were passed. Mr. Jefferson gives this account of it, omitting

his strictures: "This measure (the assumption) produced the most bitter

and angry contest ever known in Congress, before or since the union of

the States. I arrived in the midst of it: but a stranger to the ground,

a stranger to the actors in it, so long absent as to have lost all

familiarity with the subject, and as yet unaware of its object, I took

no concern in it. The great and trying question, however, was lost in

the House of Representatives. So high were the feuds excited on this

subject that, on its rejection, business was suspended. Congress met and

adjourned from day to day without doing any thing, the parties being too

much out of temper to do business together. The Eastern members

threatened secession and dissolution. Hamilton was in despair. As I was

going to the President's one day, I met him in the street. He walked me

backwards and forwards before the President's door for half an hour. He

painted pathetically the temper into which the Legislature had been

wrought--the disgust of those who were called the creditor States--the

danger of the secession of their members, and of the separation of the

States. He observed that the members of the administration ought to act

in concert--that though this question was not of my department, yet a

common duty should make it a common concern--that the President was the

centre on which all administrative questions ultimately rested, and that

all of us should rally around him, and support, with joint efforts,

measures approved by him; and that the question having been lost by a

small majority only, it was probable that an appeal from me to the

judgment and discretion of some of my friends, might effect change in

the vote, and the machine of government, now suspended, might be again

set in motion. I told him that I was really a stranger to the whole

subject; that not having yet informed myself of the system of finances

adopted, I knew not how far this was a necessary sequence; that

undoubtedly, if its rejection endangered a dissolution of our Union at

this incipient stage, I should deem that the most unfortunate of all

consequences, to avert which all partial and temporary evils should be

yielded. I proposed to him, however, to dine with me the next day, and I

would invite another friend or two, bring them into conference together,

and I thought it impossible that reasonable men, consulting together

coolly, could fail, by some mutual sacrifices of opinion, to form a

compromise which would save the Union. The discussion took place. I

could take no part in it but an exhortatory one, because I was a

stranger to the circumstances which should govern it. But it was finally

agreed, that whatever importance had been attached to the rejection of

this proposition, the preservation of the Union, and of concord among

the States, was more important, and that therefore it would be better

that the vote of rejection should be rescinded--to effect which some

members should change their votes. But it was observed that this pill

would be peculiarly bitter to the Southern States, and that some

concomitant measure should be adopted to sweeten it a little to them.

There had before been propositions to fix the seat of Government either

at Philadelphia, or at Georgetown on the Potomac; and it was thought

that by giving it to Philadelphia for ten years, and to Georgetown

permanently afterwards, this might, as an anodyne, calm in some degree

the ferment which might be excited by the other measure alone: so two of

the Potomac members (White and Lee, but the former with a revulsion of

stomach almost convulsive) agreed to change their votes; and Hamilton

undertook to carry the other point."

[38] Could the extent to which the evil has since been carried, have

been foreseen at the time, the state of the vote might have been very

different.

[39] Topics of temporary interest omitted.

[40] At this commencement of the second Congress, being in the third

year of Washington's administration, and when the finances had been

brought to order and system by General Hamilton, and the machinery of

government put into fair and full operation, a proper point presents

itself to look at the expenses of the new Government, both as a fact at

the time, and as a point of comparison in the future. In the annual

speech which the President delivered to the two Houses, he congratulated

Congress on the adequacy of the revenues which had been provided, and on

the prospect that no new burthens would be required to be laid upon the

people. This was a gratifying announcement, and makes it desirable to

see what was the revenue at that time, and to what objects applied. The

first inquiry is answered by a recurrence to the two tariff acts which

had been passed--one at the first, the other at the second session of

the first Congress. The first act had produced near two millions of

dollars, which, though five times beyond what was necessary for the

support of the Government, was not sufficient for the demands of the

public debt and the Indian war raging in the North-west. An augmentation

of the duties became necessary, and was accomplished in the second act,

but still on a scale of moderation. The _ad valorems_ were 5 per centum,

7-1/2, 10, 12-1/2, 15; but in counting their product, only the two first

may be considered, as the mass of the importations fell under those

rates; to wit, above 16 millions under the two first, and less than one

million under the three last; so that the 5 and the 7-1/2 _ad valorems_

may be considered as the effective duties, and the actual levy upon the

imports. The list of specific duties was enlarged in the second bill,

(the Secretary of the Treasury wisely saying that the experience of the

world showed that duties upon quantities, ascertainable by weight and

measure, were the only ones capable of safe and cheap collection, and

therefore to be preferred as far as possible.) and their rate increased,

but still in moderate proportion. The produce of the whole was about

3-1/2 millions, which was nearly nine times as much as the support of

the Government required, leaving nearly eight parts out of nine to go to

the public debt, the Indian war, and other extraordinary objects. This

important statement requires to be verified, which is done by referring

to General Hamilton's estimate of appropriations at the commencement of

this first session of the second Congress; to wit, CIVIL LIST,

comprehending compensation to the President and Vice President--the

Departments of State, Treasury and War--the Board of Commissioners--the

government of the North-western Territory--the Judiciary--the two Houses

of Congress--contingencies incident to the civil list: in all

$328,653.00; to which was afterwards added $87,000 for diplomatic

intercourse, increasing the amount of the annual estimate to $415,000.

The public debt, the Indian war, and other extraordinaries took all the

rest, amounting to about three millions; so that this small revenue,

produced by such moderate duties upon the small importation of that day,

sufficed for the support of the Government, for carrying on an Indian

war as far off, (the distance measured by time and cost of march and

transportation,) and with Indians far more formidable than any now in

the world; and also for the interest of the public debt. This is a

result for statesmen to consider, and to bring into comparison with the

present state of things; and the reflection may be, that with the same

spirit of economy which, then prevailed, the same knowledge of the

objects for which the Federal Government was created, and the same

determination to confine its action to those objects, the same moderate

rate of duties on the large importations of this day would be entirely

sufficient, both for the support of the Government and for all

extraordinary objects. The cost of collecting the revenue in that early

period also presents a point for retrospect and comparison; it was then

about 3 and 1/3 per cent., and according to the principle of such

collections, should become less in proportion to the larger amount

collected. On the contrary, the increase has been inordinate! and is,

perhaps, now hardly ascertainable, but cutting deep into the national

income.

[41] The case of Pennsylvania goes far to sustain this view. The policy

of William Penn was that of justice and humanity to the Indians, and his

colony was long exempt from its calamity of savage hostility. It had

been settled seventy years--from 1680 to 1753--before an Indian killed

one of its inhabitants, and then in consequence of a disturbance in a

neighboring province. Such an exemption, for so long a time, and while

all the other colonies were involved in Indian wars from their early

settlement, while so honorable to Penn's government and to the

inoffensive manners of the inhabitants, goes far to show that the

Indians were manageable by good treatment, and that, although savage,

their savageism was not of a kind to resist the effects of justice and

kindness.

[42] This speech, of Cornplanter, the famous chief of the Seneca tribe,

(one of the Six Nations,) does not appear in the debates, having been

confidentially read to the House; but it is found in the State papers of

the time, and is, as the allusions to it implied, a plea in behalf of

the Indians against the wrongs of the whites. Intrusion upon their

lands, fraudulent purchases, and killing unoffending Indians, are the

subjects of complaint. The speech opens with a characteristic appeal to

Washington.

"Father: The voice of the Seneca nation speaks to you, the great

councillor in whose heart the wise men of all the Thirteen Fires

(Thirteen United States) have placed their wisdom. It may be very small

in your ears, and we therefore entreat you to hearken with attention:

for we are about to speak of things which are to us very great. When

your army entered the country of the Six Nations, we called you the town

destroyer; and to this day, when that name is heard, our women look

behind them and turn pale, and our children cling close to the necks of

their mothers. Our councillors and warriors are men, and cannot be

afraid; but their hearts are grieved with the fears of our women and

children, and desire it to be buried so deep as to be heard no more.

When you gave us peace, we called you Father, because you promised to

secure us in the possession of our lands. Do this, and, so long as the

lands shall remain, that beloved name will live in the heart of every

Seneca."

Then followed a complaint for wrongs done them in their lands; to which

Washington replied that that wrong was done before the new Government

was established and the management of Indian affairs given up to it; but

that they would now be protected. This reply fell short of his

expectations, and the Cornplanter rejoined:

"Father: Your speech written on the great paper, is to us like the first

light of the morning to a sick man, whose pulse beats too strongly in

his temples, and prevents him from sleep. He sees it and rejoices, but

is not cured."

Of killing and robbing their people he said:

"Three men and one woman have been killed at Big Beaver Creek, and they

were good people, and some of the white people will testify this.

Twenty-seven men came from another State, and murdered these men in the

Quaker State where they had come to trade, and took away all the horses,

and all the goods they had purchased from the traders."

The President answers to this complaint that he is very angry to hear of

this murder and robbery--that he will have it inquired into, and will

comfort the friends and relations of the persons who were killed, and

make them compensation for the horses and property taken; and do all in

his power to bring the murderers to justice, and that he will consider

the crime as bad, exactly, as if committed against so many white people,

and will use the same endeavors to bring them to punishment. Satisfied

with the assurances which the President gave them, the Cornplanter, and

the other chiefs with him, took a formal and affectionate leave in

writing; in which they say:

"Father: No Seneca ever goes from the fire of his friend until he has

said to him 'I am going.' We therefore now tell you, that we are setting

out for our own country. Father: We thank you from our hearts, that we

now know there is a country we may call our own, and on which we may lie

down in peace. We see that there will be peace between your children and

our children, and our hearts are very glad."

On arriving at Pittsburg on their way home, for these interviews with

Washington took place in Philadelphia, these children of the forest with

a native sentiment of graceful politeness, wrote back to him to let him

know how they were getting along, the whole expressed in two brief

sentences.

"Through the whole Quaker State, as we came up the road, we were treated

well, and they took good care of us until we came here. One misfortune

happened only, that one of our wagons is not yet arrived here, the one

we first engaged, and with the goods you presented to us."

They always speak affectionately of the Quaker State, and in one of the

speeches to President Washington, having occasion to mention a promise

made to them by the State, said:

"The Quaker State will do what it promises."

[43] Mr. JEFFERSON, Secretary of State, in his Report on the fisheries.

[44] Letters of the Secretary of War and Quartermaster General.

[45] For an authorized establishment of 5,120 men, of all arms, the

actual establishment being about 3,600. It would be curious to compare

the army expenses of that day with those of this day, and the

comparative care with which Congress looked into these expenses at the

two different periods. The United States were engaged in Indian wars

then as now, and upon a theatre (time and cost of getting to it

considered) as far off as our Indian wars are at present; for, the

distance estimated in that way, is less now to California than it was

then to the Miami of the Lakes: yet a cost of something like $200 a head

was considered extravagant, and such as to call upon Congress for an

inquiry.

[46] The bill came down from the Senate where debates were not

published, and seems to have passed the House without debate, and almost

without division, there being but seven votes against it, and two of

these (Messrs. Mercer and Parker) from slave States. Nor does it appear

to what part of the bill they objected, whether to the part in relation

to fugitives from justice, or to those who fled from service, for both

classes of fugitives were comprehended in the same bill. It was passed

on a message from President Washington, founded on a communication from

the Governor of Pennsylvania in relation to a fugitive from justice who

had taken refuge in Virginia, and because it was necessary to have an

act of Congress to give effect to the rendition clause in the

constitution. There was but little necessity in those times, nor for

long after, for an act of Congress to authorize the recovery of fugitive

slaves. The laws of the free States, and still more the force of public

opinion, were the owners' best safeguards. Public opinion was against

the abduction of slaves; and if any one was seduced from his owner, it

was done furtively and secretly, without show or force, and as any other

moral offence would be committed. State laws favored the owner, and to a

greater extent than the act of Congress did, or could. In Pennsylvania

there was an act (it was passed in 1780, and only repealed in 1847)

discriminating between the traveller and sojourner, and the permanent

resident, allowing the former to remain six months in the State before

his slaves would become subject to the emancipation laws; and, in the

case of a federal government officer, allowing as much more time as his

duties required him to remain. New York had the same act, only varying

in time, which was nine months. While these two acts were in force, and

supported by public opinion, the traveller and sojourner was safe with

his slaves in those States, and the same in the other free States. There

was no trouble about fugitive slaves in those times. This act of 1793

did not grow out of any such trouble, but out of the case of a fugitive

from justice. It was that case which brought the subject before

Congress; and, in the act that was passed, the case of fugitives from

justice was first provided for, the first and second sections of the act

being given to that branch of the subject, and the third and fourth to

the other--all brief and plain, and executable without expense or fuss.

In the case of a slave the owner was allowed to seize him wherever he

saw him, by day or by night, Sundays or week-days, just as if he was in

his own State, and a penalty of $500 attached to any person who resisted

or obstructed him in this seizure. The only authority he wanted was

after the seizure, and to justify the carrying back, and for that

purpose, the affidavit of the owner, or his agent was sufficient. This

act was perfect, except in relying upon State officers, as well as

federal officers to execute it, these State officers not being subject

to the federal law, and being forbid to act after slavery became a

subject of political agitation.

[47] This was a party election, and as such conducted on both sides.

Marshall, in his Life of Washington, says of it: "By each party a

candidate for the chair was brought forward; and Mr. Muhlenberg, who was

supported by the opposition, was elected by a majority of ten votes

against Mr. Sedgwick whom the Federalists supported."

[48] The debate on this subject was one of the most elaborate, and most

replete with knowledge of commercial principles and statistics, which

our Congress has furnished. It grew out of the clause in the

constitution which gave Congress power to regulate commerce with foreign

nations, and gives the interpretation of that clause by its authors,

which was wholly different in its nature, as well as distinct in its

grant, from the power to lay and collect duties on imports. The latter

was to raise revenue: the former to coerce nations into reciprocity of

liberal trade with us by making a discrimination in the trade of nations

to the disadvantage of the nations which refused to come into reciprocal

arrangements with us. The discrimination proposed by Mr. Madison was 5

per centum, and was levelled against Britain, and was only defeated by

five votes. In this great debate, as in that upon the Bank of the United

States, the genius of Hamilton and Jefferson were pitted against each

other, each having made opposite reports on each question, which were

the magazines from which the opposing speakers in Congress chiefly armed

themselves--Mr. Madison being the chief exponent of the Jeffersonian

side, and Mr. William Smith, of South Carolina, that of General

Hamilton. It is curious that while this power to regulate foreign

commerce by Congress, was one of the chief causes for forming the

Federal Government, yet it has never been exercised by Congress, and

seems to be a power overlooked, or confounded with that to lay duties

and imposts for revenue. Though not yet exercised, it is a power which

has found need for its exercise, and will find it again. Our immense

commerce, if all articles are taxed even moderately, will produce far

more revenue than the economical and fair administration of the

Government would require: a large part of it would be left free, as

after the payment of the public debt in President Jackson's time; and as

may be again after the extinction of the public debt, and the

introduction of economy into the expenditures. A moderate duty on

two-thirds of the importations may then be sufficient for the

expenditures of the Government, leaving (say) one-third to go upon the

free list. Now the nations which receive the chief benefit of that large

free importation ought to reciprocate the favor by taking something

free, or at a moderate duty, from us. "_Free commerce is not to be given

in exchange for burthens and impositions_;" and that was the principle

of Mr. Madison's resolutions, which were barely defeated, and that by

the influence of the mercantile class engaged in commerce with Great

Britain. A full view of this subject is given in the first volume of the

Thirty Years' View, in giving an account of the effort of the author to

revive Mr. Madison's plan.

[49] It is grateful to behold the immense progress which the humanity of

nations has made. Great Britain is no longer subject to the imputation

of exciting pirates and savages against us. She has long since ceased to

instigate Indian hostilities, and long ago joined us in humbling

Algiers. Far from stimulating barbarian war, she even interposes to save

us from civilized war with great nations--witness the proffered

mediation of William the Fourth to settle the difficulty between France

and the United States, in General Jackson's time: a beautiful instance

of old animosity extinct under time, and former evil deeds succeeded by

works of kindness and respect.

[50] This seventh, article stipulated indemnity to the owners of the

deported slaves.

[51] Mr. Jefferson resigned his place of Secretary of State at the end

of this session, and was succeeded by Mr. Edmund Randolph, of Virginia.

Of the resignation and character of Mr. Jefferson, Marshall thus speaks:

"This gentleman withdrew from political station at a moment when he

stood particularly high in the esteem of his countrymen. His fixed

opposition to the financial schemes which had been proposed by the

Secretary of the Treasury, and approved by the Legislative and Executive

Departments of the Government; his ardent and undisguised attachment to

the revolutionary party in France; the dispositions which he was

declared to possess in regard to Great Britain; and the popularity of

his opinions respecting the Constitution of the United States; had

devoted to him that immense party whose sentiments were supposed to

comport with his on most or all of these interesting subjects. To the

opposite party he had, of course, become particularly unacceptable. But

the publication of his correspondence with the French minister, _Genet_,

dissipated much of the prejudice which had been excited against him. He

had, in that correspondence, maintained, with great ability, the

opinions embraced by the Federalists on those points of difference which

had arisen between the two Republics, and which, having become

universally the subjects of discussion, had in some measure dissipated

those topics on which parties had previously divided."

[52] The ratification of the Treaty, with the exception of the 12th

article, was by the following vote: YEAS--_Messrs._ Bingham, Bradford,

Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Henry, King, Latimer,

Livermore, Marshall, Paine, Potts, Read, Ross, Rutherford, Strong,

Trumbull, and Vining--20. NAYS--_Messrs._ Bloodworth, Brown, Burr,

Butler, Jackson, Langdon, Martin, Mason, Robinson, and Tazewell--10.

This excepted article related to the direct trade with the British West

Indies; and the recommendation added to the clause of ratification was

with a view to obtain the full enjoyment of that trade. This was in the

year 1795, and the object of the recommendation was not obtained until

above thirty years thereafter, and under the administration of General

Jackson.

[53] This recommendation to treat further for obtaining indemnity for

the slaves carried off by the British during the Revolution, remained

without effect, and all claim to that indemnification was relinquished

by the treaty of 1796. But the same deportation of slaves took place in

the war of 1812, followed by the same stipulation for indemnity in the

treaty which closed that war, which was contained in the treaty which

closed the war of the Revolution; and attended by the same refusal to

comply with it. It was not until after twelve years of further

negotiation, and under the administration of Mr. John Quincy Adams, and

under the arbitrament of the Emperor Alexander, of Russia, that

indemnity for these deported slaves of 1812 was received.

[54] This was the first instance of any heated debate in answering an

address from Washington. It became a party discussion on some points,

especially in relation to what was said of the Democratic societies.

Marshall says of it: "A very eloquent and animated debate ensued, which

terminated in the Committee of the Whole by striking out the words,

"self-created societies"--47 voting for, and 45 against expunging them."

The question was renewed in the House; and the Chairman of the committee

being opposed in sentiment to the Speaker, who was now placed in the

chair, the majority was precisely changed, and the words were

reinstated. This was a victory for the Administration, but soon lost,

the next being in favor of the opposition.

[55] He resigned accordingly, no further investigation being moved with

respect to him. Recording the event, Marshall says: "Seldom has any

minister excited in a higher, or more extensive degree than General

Hamilton, the opposite passions of love and hate. His talents were of a

grade too exalted not to receive from all the tribute of profound

respect; and his integrity and honor as a man, not less than his

official rectitude, though slandered at a distance, were admitted to be

superior to reproach by those enemies who knew him."

[56] A celebrated painter who died in 1554. Speaking of this artist,

Henry the Eighth once said, "Out of seven ploughmen I can make seven

Lords, but out of seven Lords I cannot make even one Holbein."

[57] Col. Timothy Pickering, in place of Gen. Knox, resigned.

[58] The distinction was invidious, and soon fell under the ban of

public opinion; but the mode of making it was commendable, and freed the

Senators voting for the increase from the imputation of a personal

motive.

[59] This was nominally a private petition, but in reality a question

between the State of North Carolina and the Federal Government in

relation to their relative rights over Indian lands within the chartered

limits of the State.

[60] This was the first discussion with open doors, except on the

contested election of Mr. Gallatin.

[61] This was the first formal opposition to the mode of answering the

President's Speech at the opening of the Sessions of Congress, though

many members had from the first been repugnant to it as being too close

an imitation of the British mode of opening the Sessions of Parliament

by an Address from the sovereign in person, an answer to it, and the

presentation of the answer by the House in a body.

[62] DESCRIPTION OF THE FLAG.--It is tricolor, made of the richest silk,

and highly ornamented with allegorical paintings. In the middle, a cock

is represented, the emblem of France, standing on a thunderbolt. At two

corners, diagonally opposite, are represented two bombshells bursting;

at the other two corners, other military emblems. Round the whole is a

rich border of oak leaves, alternately yellow and green; the first

shaded with brown and heightened with gold; the latter shaded with black

and relieved with silver; in this border are entwined warlike musical

instruments. The edge is ornamented with a rich gold fringe. The staff

is covered with black velvet, crowned with a golden pike, and enriched

with the tricolor cravatte and a pair of tassels worked in gold, and the

three national colors. The flag is to be deposited in the archives of

the United States.

[63] Counsel for the prisoner.

[64] Of all the members who opposed this trading establishment from the

commencement, Mr. Macon was the only one that remained in Congress until

it was abolished in 1822.

[65] This motion, going to the destruction of the Mint itself, brought

up an incidental debate on the right of Congress to withhold

appropriations for the support of existing establishments--which is the

only part of the debate on the bill which retains a surviving interest.

[66] This being the last year of Washington's administration, it

presents a proper occasion for seeing what the support of the Government

then cost, both as an inquiry pertinent in itself, and as furnishing a

point of comparison for the future. This is shown in the introductory

clause to the appropriations, stating, "That for defraying the

expenditure of the civil list of the United States for the year 1796,

together with the incidental and contingent expenses of the several

departments and officers thereof, there be appropriated a sum not

exceeding $530,392 85 cents." The objects to which this expenditure

went, were, 1. Salary to President and Vice President. 2. Compensation

to the members of Congress, with all the incidental expenses of that

body. 3. The federal judiciary, with all its contingent expenses. 4. The

Executive departments, with all their subordinate offices and expenses

of every kind. 5. The Mint establishment. 6. The light-house

establishment. 7. North-western and South-western territorial

governments; with a few other small objects. For each of these items a

specific sum was appropriated, of which, the appropriations for Congress

were, for the pay of the members and all the officers and attendants,

(estimated for a session of six months,) $193,460; and the expenses,

fuel, stationery, printing, and all other contingencies of the two

Houses, were $11,500. For diplomatic intercourse, $40,000.

[67] And proved to be so in this case, though it required thirty years'

experience to show it. When the system was brought to a close in 1822,

it was found that the whole capital was gone.

[68] This was the first attempt to pay members of Congress as salaried

officers.

[69] This resolution would seem to embody Mr. Madison's interpretation

of the clause in the constitution which authorizes Congress to establish

post roads.

[70] This explanatory note was written by Mr. Gales, editor of the

Annals of Congress, who has rendered a valuable service to the student

of political history in bringing these two great debates, each by

itself, into a single and connected form. They are the groundwork of

high constitutional knowledge; and, whether for the intrinsic importance

of their matter, the close acquaintance of the speakers with their

subject, or as fine specimens of parliamentary debating, they stand

forth as debates of the first class which our congressional history has

afforded. Marshall, in his history, says of them: "Never had a greater

display been made of argument, of eloquence, and of passion; and never

had a subject been discussed in which all classes of their

fellow-citizens took a deeper interest." The first debate related to the

Treaty-making power, and how far the House of Representatives had the

right to refuse assent to a treaty which required an appropriation of

money, or which regulated commerce, or which required the exercise of

any other power specifically granted to Congress. The second applied to

the execution of the commercial Treaty of 1794, with Great Britain; one

party contending that the Congress was bound to make the appropriation

to carry it into effect--the other denying the obligation and claiming

the right of a discretionary power. The two debates were upon kindred

subjects, and before the House at the same time, yet kept distinct, in

the discussion, neither sliding into the other, and one finished before

the other began; such was the closeness with which members then adhered

to the subject, even in Committee of the Whole, and which gave to these

early debates of our Congress so much point and power, and so much

attraction to the hearer then and to the reader now. An abridgment can

only present a part of these great debates, which cover above 300 pages

of the Annals of Congress; but the whole argument will be seen on both

sides, as the pith and marrow of each main speech will be given.

[71] This course was long followed, no Indian Treaty being held except

authorized by an act of Congress, which was the Legislative consent to

the grants of money which such Treaties usually contain, and for the

payment of which an Act of Congress would be necessary. And in the two

great cases of acquiring foreign territory, (Louisiana and Florida,)

under Presidents contemporary with the formation of the constitution,

and which required large appropriations to carry them into effect, the

consent of the Legislative branch of the Government was sought and

obtained before the Executive began to act--the law in both cases

originating in the House of Representatives as the proper initiatory

branch when money was to be paid which the people would have to raise.

[72] Thus the House, by a majority of 25, passed the call upon the

President for the papers, and upon the declared ground of a _right_ to

judge the Treaty, as it contained a regulation of commerce, and also

required an appropriation of money. President Washington received the

call in the sense in which it was made, and although he had no objection

to furnishing the papers, and had laid them before the Senate, (whence

they became public,) yet he deemed it his duty to resist the claim of

right asserted by the House, and therefore to refuse the papers--which

he did in a closely reasoned Message, an epitome of the arguments used

in the House on that side.

[73] It is seen in this answer of President Washington, that he holds

the assent of the House to be unnecessary to the validity of any Treaty

whatever, which, of course, includes the class contended for by the

House, but makes the question broader than the one presented by its

limited claim.

[74] In this resolution the House specifies the class of Treaties over

which it claims a right of judgment, and limits it to those which

involve a matter which has been specially granted to Congress--as an

appropriation of money, or the regulation of commerce.

[75] And thus the President and the House were completely at issue--the

House having expressly asserted, by a majority of 27, a right to judge,

not every Treaty, or Treaties generally, but those which involved the

exercise of any power granted by the constitution to itself. Trained in

the school of this majority, the author of this Abridgment, as often as

the occasion required, has maintained the same right for the House; and

especially in the case of the territorial purchase from Mexico in 1854.

[76] Mr. Hillhouse had submitted a resolution in favor of carrying the

Treaty into effect, and afterwards Mr. Maclay submitted one, declaring

the contrary; and the question was, which should be taken up? Mr.

Madison, as a skilful parliamentary tactician, preferred that of Mr.

Hillhouse, as putting the burden of the affirmative upon the adversary,

always an advantage in the debate, and, in an even vote, always decisive

for the negative side.

[77] The following is the letter received by the committee appointed to

inquire into the situation of the son of General LAFAYETTE:

[TRANSLATION.]

"RAMAPAGH, (New Jersey,) March 28, 1796.

"SIR: I have just received the honorable resolution which the merits of

my father have procured for me. Deign to express to the Representatives

of the people of America his gratitude--my youth forbids me yet to speak

of mine. Every day recalls to me what he taught me, at every period of

his life, so full of vicissitudes, and what he has repeated in a letter,

written from the depth of his prison. 'I am convinced (he says) that the

goodness of the United States and the tenderness of my paternal friend

will need nothing to excite them.

"Arrived in America some months since, I live in the country, in New

Jersey, occupied in the pursuits of my education. I have no wants; if I

had felt any, I should have answered to the paternal solicitude of the

President of the United States, either by confiding them to him, or by

accepting his offers. I shall hereafter consider it a duty, to impart

them to the House of Representatives, which deigns to inquire into my

situation.

"I am as happy as a continual inquietude relative to the object of my

first affections will permit. I have found benevolence wherever I have

been known, and have often had the satisfaction of hearing those, who

were ignorant of my connections, speak of their interest in the fate of

my father, express their admiration of, and partake the gratitude I

feel, for the generous Dr. Bollman, who has done so much to break his

chains.

"It is amid all these motives of emulation, that I shall continue my

studies. Every day more convinced of the duties which are imposed by the

goodness of Congress, and the names I have the honor to bear.

"GEO. WASHINGTON MOTIER LAFAYETTE.

The Hon. EDWARD LIVINGSTON, Chairman," &c.

[78] This vote of the House to carry the Treaty into effect, was no

abandonment of the right it had asserted to judge its merits, and to

grant or withhold the appropriation according to its discretion. The

discussion sufficiently shows this, and that many members took care to

save their votes from any misconstruction on this head. A sense of

expediency, and not the force of obligation, carried the vote; and

certainly the inducements to let the Treaty stand were very great.

Marshall sums them up thus: "If Congress refused to perform the Treaty

on the part of the United States, a compliance on the part of Great

Britain could not be expected. The posts on the great lakes would still

be occupied by British garrisons: no compensation would be made for

American vessels illegally captured: the hostile dispositions which had

been excited, would be restored with increased aggravation: and that

these dispositions must infallibly lead to war, was implicitly

believed." The amount to be appropriated was only $90,000, a sum

entirely insignificant, and only to be contested on account of the

principle its appropriation would involve. Yet the insignificance of the

sum, and with all the inducements to let the Treaty stand, and under

such a President as Washington, barely saved it from defeat! so jealous

was the Democratic party of that day of the rights of Congress, and so

determined was the House to remain master of the public purse. Ninety

thousand dollars was all the money at stake; but what has since been

seen? An Executive offering fifty millions for a slip of territory! and

one hundred millions, and afterwards two hundred, for an island!

Actually negotiating a Treaty of twenty millions, which the Senate

reduced to ten! and all, not only without the sanction, but without the

knowledge of the Legislative power. To admit that Congress would be

bound to appropriate such sums if the offers had ripened into Treaty

stipulations, would be to admit that the President, Senate, and a

foreign potentate were masters of the appropriating power; and, of

course, of the taxing and borrowing power, and of all the means by which

money was to be raised. Even a discretionary power over the

appropriation, after the Treaty has been made, is but a slight defence

for the treasury, there being always in Congress, as in all public

bodies, men to yield to circumstances,--good easy men to be persuaded;

timid men to be scared; venal men to be purchased. And out of these

classes enough are usually found to turn the scale, when upright men

divide upon a large measure. The only safe way is that of consultation

beforehand, as practised by Washington in the early part of his

Administration, and by the Presidents under whom Louisiana, Florida, and

California were acquired.

[79] The claim was renewed continually, and fruitlessly, until the year

1832, when it was allowed, and the horse paid for according to his

certificated specie value at the time he was taken in the year

1781--$1,500.

[80] Up to this time and afterwards, until the year 1798, there was no

Naval Department, or Secretary of the Navy, and the marine, as well as

the land force, was under the charge of the Secretary of War--which

accounts for the appropriations of the two branches of the service

appearing in the same bill.

[81] The whole sum appropriated for the Military and Naval

Establishments of the year, was, $1,318,873--the strength of the army

being 3000 men, and the debate is given as an instance of the closeness

with which appropriations were scrutinized in the early ages of the

Government, and also as showing the expense of maintaining troops in the

north-west--then as far off (time and cost considered) as our Pacific

possessions now are.

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