Mr. DAWSON said, when the law which this bill was intended to continue
was first passed, I gave to it my dissent; I did it from a conviction on
my mind that it does violate that constitution which I have sworn to
support, and from a persuasion that the then state of things did not
require it: that while it begat an unjust suspicion of the American
character, it was a stain on our code of legislation.
If these were my impressions at that time, some reflection since, aided
by the productions of men whose names and talents will be long
remembered, and a knowledge of the sentiments of the State from which I
come, and of the people whom I represent, have confirmed those
impressions, and have resolved me to vote against that bill in every
shape and in every stage, and I hope that it will not be suffered to be
engrossed. Sir, it is well remembered by me, nor can it be forgotten by
any gentleman, on what grounds this law was advocated and first passed;
it was then supported and pressed upon us as a necessary link in a chain
of measures which a majority of the two Houses of Congress thought
proper to adopt to meet a particular crisis--to guard against the
supposed intrigues of a foreign nation--to give respectability and
energy to our Executive--to prevent its falling into disrepute with the
people, and to punish factious individuals. The history of the last two
years has, I am persuaded, convinced gentlemen how mistaken were their
opinions of the American character. With me they must now believe that
whatever difference there may be in our political principles, when the
safety, freedom, or honor of our country is threatened by a foreign
nation, like a band of brothers we will rally round our government, and
support it by means which the constitution of our country authorizes,
and which the energy of the case may require. How far this law has given
respectability or energy to our administration I will not pretend to
say; the events of the present day are an ample comment on that point;
but, after the experience which we have had, since some of the objects
for which it was formed do not exist, and others have not been answered,
I did hope that no attempt would have been made to continue it, and that
it would have been suffered to expire like its twin-brother, the Alien
law. In this hope, however, I have been disappointed; gentlemen have
come forward and supported it with a zeal, not uncommon to them on other
occasions, and unexpected in the present, when we were taught to believe
that they were at least indifferent about it, and new reasons have been
assigned for its continuance--formerly it was thought necessary to
protect the administration against the people; and now, sir, it is
wanted to guard individuals against an administration which may be weak
or wicked. Experience has, I am persuaded, convinced gentlemen that it
has not answered the first purpose, and I hope they will find it
unnecessary for the latter. Into whatever hands the administration of
our country may fall, its acts ought to be examined with that freedom
which becomes freemen, and with that decency which becomes gentlemen; so
long as they are guided by justice and wisdom, they will be supported
with decision and firmness by the friends to the administration;
whenever they shall descend from these great principles, the voice of
the people will again sweep the actors from the political theatre.
This law, sir, has been advocated, because it is said to ameliorate the
common law of England, and on this argument much dependence has been
placed; however, admitting it to be true, on a moment's reflection it
will not be found to merit any consideration; for, sir, let it be
remembered that the opponents to this law are also the opponents to the
adoption of that law as the law of the United States, and do not think
it authorized by the constitution; this is the doctrine which they have
uniformly contended for, and which, pardon me if I say, has been
established as fully as one point possibly can be; it is not therefore
probable, nay, I think it impossible, that they ever should appeal to it
to shield them. No, sir, supported by the justice and policy of their
measures, I trust they will need the aid of neither the Alien, Sedition,
nor Common law.
Sir, it will be unnecessary for me to touch on the unconstitutionality
of this law; it has been proven over and over again in this House, and
in every part of the continent, and if what has been said and written
has not convinced gentlemen, no effect would be produced by any thing
which I could say. But, sir, as some of the objects for which the law
was first enacted have passed by, and others have not been answered--as
the friends to the approaching administration do not wish it for their
protection, and the opponents will not need it for theirs, I do hope
that those gentlemen who doubt about the constitutionality will vote
with us, and that the bill will not be permitted to be engrossed.
The question was then taken, and the engrossment refused, 49 to 53, as
follows:
YEAS.--George Baer, Bailey Bartlett, James A. Bayard, John
Brown, Christopher G. Champlin, William Cooper, William
Craik, Samuel W. Dana, John Davenport, Franklin Davenport,
John Dennis, Joseph Dickson, William Edmond, Thomas Evans,
Abiel Foster, Jonathan Freeman, Henry Glenn, Chauncey
Goodrich, Elizur Goodrich, Roger Griswold, William Barry
Grove, Robert Goodloe Harper, Archibald Henderson, William
H. Hill, James H. Imlay, John Wilkes Kittera, Henry Lee,
Silas Lee, Ebenezer Mattoon, Lewis R. Morris, Harrison G.
Otis, Robert Page, Thomas Pinckney, Jonas Platt, Leven
Powell, John Read, Nathan Read, John Rutledge, William
Shepard, John C. Smith, James Sheafe, Samuel Tenney, Geo.
Thatcher, John Chew Thomas, Richard Thomas, Peleg
Wadsworth, Robert Waln, Lemuel Williams, and Henry Woods.
NAYS.--Willis Alston, Theodorus Bailey, Phanuel Bishop,
Robert Brown, Samuel J. Cabell, Gabriel Christie, Matthew
Clay, William C. C. Claiborne, John Condit, Thomas T.
Davis, John Dawson, George Dent, Joseph Eggleston, Lucas
Elmendorph, John Fowler, Albert Gallatin, Samuel Goode,
Edwin Gray, Andrew Gregg, John A. Hanna, Joseph Heister,
David Holmes, Benjamin Huger, George Jackson, Aaron
Kitchell, Michael Leib, Levi Lincoln, Matthew Lyon, James
Linn, Edward Livingston, Nathaniel Macon, Peter Muhlenberg,
Anthony New, John Nicholas, Joseph H. Nicholson, Josiah
Parker, John Randolph, John Smilie, John Smith, Samuel
Smith, Richard Dobbs Spaight, Richard Stanford, David
Stone, Thomas Sumter, John Stewart, Benjamin Taliaferro,
John Thompson, Abram Trigg, John Trigg, Lyttleton W.
Tazewell, Philip Van Cortlandt, Joseph B. Varnum, and
Robert Williams.
WEDNESDAY, February 25.
The House then resolved itself into a Committee of the Whole on the bill
providing for a Naval Peace Establishment, and for other purposes; and,
after some time spent therein, the Committee rose and reported several
amendments thereto; which were read, but, an adjournment being called
for, the House adjourned.
FRIDAY, February 27.
_Uniform System of Bankruptcy._
The House proceeded to consider the amendments reported yesterday, from
the Committee of the whole House, to the bill to amend and continue in
force the act, entitled "An act to establish a uniform system of
bankruptcy throughout the United States;" whereupon the amendments
reported from the Committee of the whole House were, on the question
severally put thereon, agreed to by the House.
The said bill was then further amended at the Clerk's table; and, on the
question that the same be engrossed and read the third time, it was
resolved in the affirmative--yeas 49, nays 42, as follows:
YEAS.--George Baer, Bailey Bartlett, James A. Bayard, John
Bird, John Brown, Christopher G. Champlin, William Cooper,
William Craik, Samuel W. Dana, John Davenport, Franklin
Davenport, John Dennis, George Dent, Joseph Dickson,
William Edmond, Thomas Evans, Abiel Foster, Jonathan
Freeman, Henry Glenn, Chauncey Goodrich, Elizur Goodrich,
Roger Griswold, Robert Goodloe Harper, Archibald Henderson,
William H. Hill, Benjamin Huger, James H. Imlay, John
Wilkes Kittera, Silas Lee, Edward Livingston, Lewis R.
Morris, Harrison G. Otis, Josiah Parker, Thomas Pinckney,
Jonas Platt, Leven Powell, John Read, Nathan Read, William
Shepard, Samuel Smith, John C. Smith, James Sheafe, Samuel
Tenney, George Thatcher, John Chew Thomas, Peleg Wadsworth,
Robert Waln, Lemuel Williams, and Henry Woods.
NAYS.--Willis Alston, Theodorus Bailey, Phanuel Bishop,
Robert Brown, Samuel J. Cabell, Matthew Clay, William
Charles Cole Claiborne, John Condit, John Dawson, Joseph
Eggleston, John Fowler, Albert Gallatin, Edwin Gray, Andrew
Gregg, John A. Hanna, Joseph Heister, David Holmes, George
Jackson, Aaron Kitchell, Michael Leib, Levi Lincoln,
Matthew Lyon, James Linn, Nathaniel Macon, Peter
Muhlenberg, Anthony New, John Nicholas, Joseph H.
Nicholson, John Randolph, John Smilie, John Smith, Richard
Dobbs Spaight, Richard Stanford, David Stone, Thomas
Sumter, John Stewart, Benjamin Taliaferro, John Thompson,
Abram Trigg, John Trigg, Lyttleton W. Tazewell, and Joseph
B. Varnum.
_Ordered_, That the said bill, with the amendments, be engrossed and
read the third time to-morrow.
_Naval Peace Establishment._
An engrossed bill providing for a Naval Peace Establishment, and for
other purposes, was read the third time; and, on the question that the
same do pass, it was resolved in the affirmative--yeas 69, nays 18.
SATURDAY, February 28.
An engrossed bill to augment the salaries of the District Judges in the
districts of Massachusetts, New York, Delaware, and Maryland,
respectively, was read the third time, and passed.
Mr. GREGG, from the committee to whom was this day referred the memorial
of Thomas Claxton and others, made a report; which he delivered in at
the Clerk's table, where the same was twice read and considered;
whereupon,
_Resolved_, That Thomas Claxton, James Mathers, and Thomas Dunn, be
permitted to occupy, free of rent, until otherwise directed by Congress,
the houses now in their respective possession, the property of the
United States, in the public square in the City of Washington, on which
the Capitol stands; together with a small piece of ground contiguous to
each, for a garden, to be enclosed in such manner as not to interfere
with any of the public streets or avenues running through the said
square.
_Ordered_, That the Clerk of this House do carry the said resolution to
the Senate, and desire their concurrence.
Mr. GRISWOLD, from the committee appointed, presented a bill further to
amend the act, entitled "An act for establishing the temporary and
permanent seat of the Government of the United States;" which was read
twice, and committed to a Committee of the whole House on Monday next.
The House resolved itself into a Committee of the Whole on the bill
concerning the Mint; and, after some time spent therein, the committee
rose and reported one amendment thereto; which was twice read, and
agreed to by the House.
_Ordered_, That the said bill, with the amendment, be engrossed, and
read the third time to-day.
_Remonstrance of Georgia._
Mr. DANA, from the committee to whom was referred, on the seventh
ultimo, the memorial and remonstrance of the Legislature of the State of
Georgia, made a report; which was read, and ordered to be committed to a
Committee of the whole House on Monday next.
The report is as follows:
The Committee to whom was referred the Address and
Remonstrance of the Legislature of the State of Georgia,
submit the following Report:
The remonstrance complains of two acts of Congress
respecting the Mississippi Territory; one passed in April,
one thousand seven hundred and ninety-eight, the other in
May, one thousand eight hundred; and prays for their
repeal.
The tract of country called the Mississippi Territory, is
bounded on the west by the River Mississippi, on the east
by the river Appalachicola, or Chatahoochee, on the south
by the Southern boundary of the United States, and on the
north by a line drawn from the confluence of the river
Yazoo with the Mississippi, due east to the before
mentioned river Chatahoochee.
For a view of the claim of the United States to the
territory in question, the committee, in the present
instance, deem it sufficient to refer to a report of the
Attorney General, made to the Senate, at the first session
of the fourth Congress, and to the report of a committee of
the House of Representatives, made at the first session of
the sixth Congress. The last-mentioned report also contains
a summary statement of a variety of individual claims to
land within the territory.
The claim of Georgia is particularly stated in the
remonstrance referred to your committee.
The two acts of Congress, of which the remonstrance
complains, have provided for an adjustment of those claims,
through the agency of Commissioners; and also for the
establishment of a government over the Mississippi
Territory, similar to that established by the ordinance of
Congress, of July one thousand seven hundred and
eighty-seven, for the Territory north-west of the river
Ohio; saving and reserving to the State of Georgia all her
right or claim to the said territory.
Commissioners have accordingly been appointed on the part
of the United States, and also on the part of Georgia, for
negotiating an adjustment of their respective claims. No
report has yet been laid before Congress from the
Commissioners of the United States; but the business of
their commission is understood to be yet pending.
Considering this state of things, the committee deem it
proper for them to abstain from any particular discussion
of the several claims to the Mississippi Territory, while a
hope is cherished that an amicable adjustment may be
ultimately effected. Nor do they think it expedient to
adopt any measure which may be prejudicial to an object so
desirable.
The committee therefore submit the following resolution:
"_Resolved_, That it would not be proper at this time for
the House to take any further order on the Address and
Remonstrance of the Legislature of the State of Georgia."
MONDAY, March 2.
The SPEAKER laid before the House a letter from the President of the
United States elect, which was read, and is as follows:
WASHINGTON, _March 2, 1801_.
SIR: I beg leave through you to inform the Honorable the
House of Representatives of the United States, that I shall
take the oath which the constitution prescribes to the
President of the United States before he enters on the
execution of his office, on Wednesday, the fourth instant,
at twelve o'clock, in the Senate Chamber.
I have the honor to be, with the greatest respect, sir,
your most obedient, and most humble servant,