John Archer, David Bard, George Michael Bedinger, Phanuel
Bishop, William Blackledge, John Boyle, Robert Brown, William
Butler, George W. Campbell, Levi Casey, Martin Chittenden,
Clifton Claggett, Thomas Claiborne, Joseph Clay, Matthew
Clay, John Clopton, Frederick Conrad, Jacob Crowninshield,
Richard Cutts, John Dawson, William Dickson, John Earle,
Peter Early, James Elliot, John W. Eppes, William Eustis,
William Findley, John Fowler, Peterson Goodwyn, Edwin Gray,
Andrew Gregg, Wade Hampton, John A. Hanna, Josiah Hasbrouck,
Joseph Heister, William Hoge, David Holmes, Samuel Hunt, John
G. Jackson, Walter Jones, William Kennedy, Nehemiah Knight,
Michael Leib, John B. C. Lucas, Matthew Lyon, Andrew McCord,
William McCreery, David Meriwether, Samuel L. Mitchill,
Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Anthony New,
Thomas Newton, jun., Joseph H. Nicholson, Gideon Olin, Beriah
Palmer, John Patterson, Samuel D. Purviance, John Randolph,
jun., Thomas M. Randolph, John Rea of Pennsylvania, John Rhea
of Tennessee, Jacob Richards, Cæsar A. Rodney, Erastus Root,
Thomas Sammons, Thomas Sanford, Ebenezer Seaver, John Smilie,
John Smith of New York, John Smith of Virginia, Richard
Stanford, Joseph Stanton, John Stewart, David Thomas, Philip R.
Thompson, John Trigg, Philip Van Cortlandt, Joseph A. Varnum,
Daniel C. Verplanck, Matthew Walton, John Whitehill, Marmaduke
Williams, Richard Winn, Joseph Winston, and Thomas Wynns.
NAYS.--William Chamberlin, Manasseh Cutler, Samuel W. Dana,
John Davenport, Thomas Dwight, Calvin Goddard, Thomas Griffin,
Gaylord Griswold, Roger Griswold, Seth Hastings, David Hough,
Joseph Lewis, jun., Thomas Lewis, Henry W. Livingston, Nahum
Mitchill, Thomas Plater, Joshua Sands, John Cotton Smith,
William Stedman, James Stephenson, Samuel Taggart, Samuel
Tenney, Samuel Thatcher, Peleg Wadsworth, and Lemuel Williams.
The second resolution being again read, and amended at the Clerk’s table,
was, on the question put thereupon, agreed to by the House, as follows:
_Resolved_, That so much of the Message of the President, of
the twenty-first instant, as relates to the occupation and
establishment of a Provisional Government over the Territory
acquired by the United States, in virtue of the treaty and
conventions lately negotiated with the French Republic, be
referred to a select committee; and that they report by bill,
or otherwise.
_Ordered_, That Mr. JOHN RANDOLPH, jr., Mr. JOHN RHEA, of Tennessee, Mr.
HOGE, Mr. GAYLORD GRISWOLD, and Mr. BEDINGER, be appointed a committee,
pursuant to the said resolution.
The third resolution reported from the Committee of the whole House,
being again read, was agreed to by the House.
THURSDAY, October 27.
Another member, to-wit, ABRAM TRIGG, from Virginia, appeared, produced
his credentials, was qualified, and took his seat in the House.
_Louisiana Treaty._
The House resolved itself into a Committee of the Whole on the bill from
the Senate, entitled, “An act to enable the President of the United
States to take possession of the territories ceded by France to the
United States, by the treaty concluded at Paris on the thirtieth of April
last, and for other purposes.”
The bill having been read, by paragraphs, as follows:
_Be it enacted by the Senate and House of Representatives of
the United States of America, in Congress assembled_, That the
President of the United States be, and he is hereby, authorized
to take possession of and occupy the territories ceded by
France to the United States, by the treaty concluded at Paris,
on the thirtieth day of April last, between the two nations;
and that he may for that purpose, and in order to maintain in
the said territories the authority of the United States, employ
any part of the army and navy of the United States, and of the
force authorized by an act passed the third day of March last,
entitled, “An act directing a detachment from the militia of
the United States, and for erecting certain arsenals,” which he
may deem necessary; and so much of the sum appropriated by the
said acts as may be necessary, is hereby appropriated for the
purpose of carrying this act into effect; to be applied under
the direction of the President of the United States.
SEC. 2. _And be it further enacted_, That, until Congress shall
have made provision for the temporary government of the said
territories, all the military, civil, and judicial powers,
exercised by the officers of the existing government of the
same, shall be vested in such person and persons, and shall be
exercised in such manner, as the President of the United States
shall direct.
Mr. J. RANDOLPH said he was apprised that the bill was of such a nature
as seemed to delegate to the President of the United States a power, the
exercise of which was intended to have but a short duration; he was also
aware, that some such power was necessary to be vested in the Executive,
to enable him to take possession of the country ceded by France. But he
could conceive no cause for giving a latitude, as to time, so extensive
as that allowed by the second section, which says, that “until Congress
shall have made provision for the temporary government of the said
territories, all the military, civil, and judicial powers, exercised by
the officers of the existing government of the same, shall be vested
in such person or persons, and shall be exercised in such manner, as
the President of the United States shall direct.” If we give this power
out of our hands, it may be irrevocable until Congress shall have made
legislative provision; that is, a single branch of the Government, the
Executive branch, with a small minority of either House, may prevent
its resumption. He did not believe that, under any circumstances, it
was proper to delegate to the Executive a power so extensive; but if
proper under certain circumstances, he was sure it was improper under
present circumstances. As he conceived it proper to deal out power to
the Executive with as sparing a hand as was consistent with the public
good, he should move an amendment to substitute in the place of the words
“Congress shall have made provision for the temporary government of the
said territories”--these words, “the expiration of the present session
of Congress, unless provision for the temporary government of the said
territories be sooner made by Congress.” So that if Congress shall
make provision for the government of the territory at any time during
the session, the power of the President will cease, and at any rate
at the expiration of the session. In other words, this amendment will
compel Congress to take early measures for reducing this enormous power,
delegated to the Executive, by the establishment of a government for the
people of Louisiana.
Mr. R. GRISWOLD moved to strike out the whole of the second section,
which would supersede the motion of the gentleman from Virginia. He made
this motion to obtain an explanation respecting the nature and extent
of the delegated power. That section provides “that until Congress
shall have made provision for the temporary government of the said
territories, all the military, civil, and judicial powers, exercised by
the officers of the existing government of the same, shall be vested in
such manner, as the President of the United States shall direct.” I wish
to know, said Mr. Griswold, whether any gentleman can inform me what the
military, civil, and judicial powers, exercised by the officers of the
existing province are; for we are about to confirm them, and direct their
execution by the authorities of the United States.
It is probable that some of them may be inconsistent with the
Constitution of the United States. We have certain restrictions on powers
exercised under it. For instance, that the _habeas corpus_ shall not
be suspended in cases of invasion or rebellion, and a variety of other
restraints. It is for this reason that I think we ought to have some
knowledge of the powers exercised in Louisiana, before we confirm them in
the lump; and in order to obtain this information, I move to strike out
the section.
Mr. ELLIOT rose to second the motion of the gentleman from Connecticut,
and to express his coincidence in the sentiments of that gentleman on
this subject. He would never consent to delegate, for a single moment,
such extensive powers to the President, even over a Territory. Such a
delegation of power was unconstitutional. If such a provision as that
contemplated by the section were necessary, it became Congress itself to
enter upon the task of legislation.
Mr. J. RANDOLPH had hoped that some other member would have given the
gentleman from Connecticut the satisfaction he asked in relation to the
provisions of the section proposed to be stricken out. No one having
risen, he would do it himself as well as he was able. That gentleman
asks whether we know the civil, military, and judicial powers that
subsist in Louisiana; and contends that it is necessary we should know
them before they are transferred to the Executive of the United States.
If the section were to stand as it now does, Mr. R. said he would be
as unwilling as the gentleman from Connecticut to agree to it. But,
with the proposed limitation, he saw no substantial objection to it. He
was one of those who did not know with precision what the subsisting
civil, military, and judicial powers exercised in Louisiana were; and
yet he saw not the difficulty which the gentleman had stated, as to the
temporary transfer of the powers to the Executive with the limitation
proposed--and wherefore? Because, in the nature of things, it was almost
impossible to take possession of the country without the exercise of such
powers at some point of time, and if they should be exercised but for a
single moment, such exercise would be as hostile to the principles of the
gentleman as the exercise of them for a whole year.
I ask, said Mr. R., whether if the country should be taken possession
of on the principles advocated by the gentleman on a former day, these
powers would not all have attached to the Executive? Suppose, instead
of assuming the civil government of the territory, it had been taken
possession of by storm, by an army of 40 or 50,000 soldiers--will the
gentleman contend, that under such circumstances, the privilege of the
_habeas corpus_ or trial by jury would have been invaded? Undoubtedly
not. If the gentleman will advert with precision to the first section, he
will perceive that it is contemplated to take possession in such a manner
as will give the United States security in that possession. For though
we might not doubt the disposition of the Government of France to give
us a secure possession, or apprehend difficulty from any other quarter,
yet it would be recollected that there were citizens or subjects in the
territory requiring some government. It was not impossible that on taking
possession there may be some turbulent spirits, who, having at heart the
advancement of personal schemes, may be disposed to resist. It would be
unwise then in Congress to delay making the requisite provision, until
necessity claimed it, and until, perhaps, after Congress had adjourned.
Gentlemen will see the absolute necessity of the path chalked out by
the Senate. They will see the necessity of the United States taking
possession of the country in the capacity of sovereigns, in the same
extent as that of the existing government of the province. After having
taken possession, and being in the secure enjoyment of the country, it
will be extremely proper to guard against any apprehended Executive
invasion of right. This step will then be politic, and it will be
observed that the section as amended enjoins this duty upon Congress. If,
however, the gentleman from Connecticut will show us any way in which
the country may be taken possession of, with security, and by which the
people may enjoy all the rights and franchises of citizens of the United
States immediately, I shall be happy to give it the sanction of my vote.
But to my mind this appears impossible.
Mr. GRISWOLD thought it extraordinary that the gentleman from Virginia
should call upon him to propose a plan for avoiding the difficulties
that would apparently result from the system proposed by the bill, when
it had only that day been laid upon their tables, and had been yesterday
refused to be referred to a select committee; and of consequence, no
time for reflection had been allowed. Under these circumstances, it was
indeed extraordinary that he should be expected to propose a plan. He
confessed he was unable to offer any. To do it would doubtless require
time and deliberation. It was sufficient for him that the bill infringed
the constitution. By the second section it is proposed to transfer to
the President of the United States all the powers, civil, military, and
judicial, exercised at present in that province. What are those powers?
No gentleman is able to inform me. It may be presumed that they are
legislative; the President, therefore, is to be made the legislator of
that country; that they are judicial, the President, therefore, is to be
made judge; that they are executive, and so far they constitutionally
devolve on the President. Hence, we are about making the President the
legislator, the judge, and the executive of this territory. I do not,
said Mr. G., understand that, according to the constitution, we have a
right to make him legislator, judge, and executive, in any territory
belonging to the United States. Though, therefore, on this occasion, I
feel no jealousy of the abuse of the powers conferred on the President,
yet I cannot agree to them, because I consider them repugnant to the
constitution.
The argument that the powers are necessary, though unconstitutional,
is no argument with me. If gentlemen can so explain the section, as to
show to the satisfaction of the committee that it is competent to this
House to transfer to the President all these powers, I shall have no
objection to the section; but until this is done, it is my duty to vote
for striking it out. And though it is impossible for me, at this moment,
to devise a plan for overcoming these difficulties, yet I trust, if time
be allowed, there will be found wisdom enough in the committee to devise
one. To the first section, authorizing the taking possession of the
country, so far as I can understand it, I can see no objection.
Mr. NICHOLSON was opposed to striking out the second section, as he did
not perceive the evils contemplated by the gentleman from Connecticut.
The question is, whether we shall take immediate possession of this
country, or wait till this body shall have time to form such a government
as shall be hereafter likely to render the people happy, under laws
according to the provisions of the constitution? I think, said Mr. N.,
it will be injudicious to delay taking the possession, until such a
government shall be formed. The only question then that can be started
is, whether the second section of this bill violates the constitution. On
this point I differ entirely from the gentleman from Connecticut. I do
not see in it any violation of the constitution. The gentleman supposes
that by adopting the provisions of the second section we shall vest all
the civil, military, and judicial powers of the existing Government of
Louisiana in the President. But it clearly is not so. We vest in him the
appointment of the persons who shall exercise these powers, but we do
not delegate to him the exercise of the powers themselves. Is there any
difference between this, and the provisions of the ordinance of 1787,
which relates to territorial governments? By that ordinance, and I have
never heard its constitutionality questioned, all the civil, military,
and judicial powers are vested in such persons as the President may
appoint.
Mr. MITCHILL expressed his wish that the section of the bill might stand.
To strike it out would be to make void all the proceedings respecting the
province of Louisiana, on which Congress had been engaged with so much
care and diligence. We had purchased the country, and made arrangements
to pay for it; and now, with the consent of France, possession is to be
taken; when behold! an objection is made to that part of the intended
statute which confers on the President the power to occupy and hold it
peaceably for the nation.
But, let it be examined fairly what Congress are meditating to do. The
third section of the fourth article of the constitution contemplates
that _territory_ and other _property_ may belong to the United States.
By a treaty with France the nation has lately acquired title to a new
_territory_, with various kinds of public _property_ on it or annexed to
it. By the same section of the constitution, Congress is clothed with
the power to dispose of such _territory_ and _property_, and to make all
needful rules and regulations respecting it. This is as fair an exercise
of constitutional authority as that by which we assemble and hold our
seats in this House. To the title thus obtained, we wish now to add
the possession; and it is proposed that for this important purpose the
President shall be duly empowered. There is no person in the nation to
whom this can be so properly confided as to the President.
Mr. DANA said if the amendment proposed by the gentleman from
Pennsylvania were inserted, it might imply that we may pass laws that
were unconstitutional; it was, therefore, superfluous. It is objected
to the scope of the second section, that it is unconstitutional; insert
the amendment and it nullifies it. The gentleman from New York (Mr.
MITCHILL) has referred to a subject with which he is well conversant. He
is correct in stating that the formal style of the English acts is in
the name of the King. In the formal style of the acts of Parliament, the
King is legislator; but will it be inferred from this circumstance that
he is the real legislator? The gentleman is too well acquainted with the
constitution and laws of that country, not to know that the King, though
nominally the dispenser of justice, cannot himself sit upon the bench,
and that this has been the case since the act of settlement. He might, in
support of this position, refer to the declaration of a celebrated Chief
Justice of England, who had said that the honor of the Crown had nothing
to do with the courts of justice.
The gentleman is equally unfortunate in his remarks on the power of
Congress to make rules for the government of a Territory. It is objected
to this, that in this case you make no laws at all. Is it to make laws,
to say a man may do as he pleases? The proposed government is not even
provisional or circumscribed. Insufficient also is any argument deducible
from the ordinance establishing territorial governments. He presumed the
ordinance alluded to was that of 1787. Under that ordinance the President
is authorized to appoint the judges of the Territory; but once appointed,
they hold their offices during good behavior. Who, under that ordinance,
make the laws? Neither the judges nor the President. No laws can be
accepted but such as have received the sanction of a representative body.
What is proposed by the bill? That all powers, military, civil, and
judicial, exercised by the officers of the existing government, shall
be vested in such persons, and shall be exercised in such manner as the
President shall direct. He may, under this authority, establish the whole
code of Spanish laws, however contrary to our own; appoint whomsoever
he pleases as judges, and remove them according to his pleasure; thus
uniting in himself all the power, legislative, executive, and judicial.
This, though a complete despotism, gentlemen may perhaps say is
necessary. If so, let the military power be exercised by the President as
commander-in-chief of the armies.
Mr. EUSTIS said it was possible the bill under consideration might in its
details be objectionable, but in principle it was certainly sound. The
Government of the United States has a constitutional right to acquire
territory, and they have consequently a right to take possession of it
when acquired. The taking possession of it was not only the right, but
the duty of the Government. And how is this to be effected? Will any
gentleman venture to propose a delay until Congress shall have passed a
new code of laws? Are gentlemen, at this late day, to be informed that
this would be to throw away one of the most valuable acquisitions made by
our country since the adoption of the constitution, or the Declaration
of Independence? As the gentleman, last speaking, rightly observes, the
entire government of Spain ceases on our taking possession. Are we then
to abandon the people to anarchy?
As to the extent of the power vested in the Executive, it arises from
necessity. This is a new case altogether. There is no doubt that on
many particular subordinate points, respecting the secure possession of
this country, difficulties may present themselves. But Mr. E. presumed
and expected that the same wisdom that acquired it, would preside over
the councils of the nation to meet and overcome those difficulties. The
second section of the bill contemplates the transfer to officers of the
United States, of the same powers now exercised. It may be that the
exercise of all these powers will not be necessary; while it is possible
that others may be necessary. There may be difficulties of various
kinds. He should name none. But as they arise, it will be the duty of the
Government to be prepared to meet them. He would, therefore, wish this
act rather to increase than curtail them; and that the President should
be authorized not only to continue all necessary existing powers, but
to institute such other powers as may be necessary for the well-being
of the Territory. Till when? Until this House and the other branch of
the Legislature shall make the necessary laws. The powers delegated by
the bill are imposed by the imperious circumstances of the case. What if
forcible possession shall prove necessary, and the innocent inhabitants
should be slaughtered, through a want of the powers necessary to preserve
tranquillity and good order; whose will, under such circumstances, will
be the governing one? Will not the President, in such event, have all the
powers now given him?
Mr. R. GRISWOLD.--The powers proposed to be conferred by the gentleman
are without limits. It may be necessary for the welfare of the people,
to secure their religion. The President may be, therefore, constituted
grand inquisitor, he may also be made a king, and likewise a judge, for
the good of the people. I am not, said Mr. G., willing myself to give
him such extensive powers. I can, however, well account for certain
gentlemen urging on this occasion the old French argument of “imperious
necessity.” But such a pretext can never justify me in giving a vote that
will violate the constitution. I can, in truth, see no such necessity, as
provision can be made for admitting these people to the enjoyment of all
the privileges stipulated by the treaty, without involving a violation of
the constitution. Gentlemen may criminate, as they please, the motives of
those who are for restraining this extension of executive power; but I
trust, whatever may be the feelings of gentlemen, that the committee will
not be impressed with the same opinion entertained by them; but that if
they consider this delegation of power as repugnant to the constitution,
they will not agree to it, or, in other words, to the investiture of the
President with absolute power over this province. If, on the other hand,
they think the delegation is constitutional, they will feel no repugnance
to agreeing to it; because, as I observed before, the power will be of
short duration, and will not, probably, be abused.
As to the idea of some gentlemen, that this territory, not being a part
of the United States, but a colony, and that therefore we may do as we
please with it, it is not correct. If we acquire a colony by conquest
or purchase--and I believe we may do both--it is not consistent with
the constitution to delegate to the President, even over a colony thus
acquired, all power, legislative, executive, and judicial; for this
would make him the despot of the colony. Mr. G. concluded his remarks
by observing that he had no jealousy of the abuse of this power by the
President; but not being, in his opinion, authorized by the constitution,
he could not agree to vote for it.
Mr. SMILIE said, this subject struck him differently from other
gentlemen. If it appeared clear to him that the constitutional right to
delegate the powers contemplated by the second section did not exist, he
should vote against it. But he entertained no doubt on this point. He
knew that it had been doubted whether the constitution authorized the
Government of the United States to acquire territory; but those doubts
were this day abandoned. He agreed in opinion with the gentleman from
Massachusetts, (Mr. VARNUM,) that the Constitution of the United States
did not extend to this territory any further than they were bound by
the compact between the ceding power and the people. On this principle
they had a right, viewing it in the light of a colony, to give it such
government as the Government of the United States might think proper,
without thereby violating the constitution; when incorporated into the
Union, the inhabitants must enjoy all the rights of citizens. He would
thank gentlemen to show any part of the constitution that extends either
legislative, executive, or judicial power, over this territory. If none
such could be shown, it must rest with the discretion of the Government
to give it such a system as they may think best for it. At the same time,
Mr. S. said, he would pledge himself to be among the first to incorporate
the territory in the Union, and to admit the people to all the rights of
citizens of the United States.
Mr. RODNEY.--When a constitutional question is made, and constitutional
objections urged by a respectable member of this House, they shall always
receive from me a respectful attention. On this occasion I shall endeavor
to answer the objections, and remove the doubts entertained by some
gentlemen. I believe we shall find that, by adopting the second section
of the bill under consideration, we shall not infringe the constitution
in the remotest degree. No person is more opposed to the extreme of
absolute and unlimited power, or to vesting in any man that authority
which, by not being circumscribed within known bounds, may be easily
abused. No man can be more opposed to the exercise by the President of
powers exercised by the Spanish inquisition, and authorized by other
Governments. But cases may occur where, for a moment, powers to which,
without an absolute necessity, no one would agree, become necessary to be
vested in some department of the Government; and I am in favor of this
section for the reasons assigned by my friend from Virginia, to wit, that
the exercise of the powers delegated will be confined to a short space,
and will be of no further duration than shall be necessary to obtain the
end of a secure possession of the Territory.
The United States, it is acknowledged, have a right to extend their
territory beyond that which they possessed when the constitution was
formed. If, then, there exist the right to acquire territory, there is
a consequence of the laws that pervade all civilized nations, which
will show not only the constitutionality but the propriety also of this
section. It is a received principle of the law of nations, that, when
territory is ceded, the people who inhabit it have a right to the laws
they formerly lived under, embracing the whole civil and criminal code,
until they are altered or amended by the country to whom the cession is
made. This is the received principle of the law of nations, and operates
wherever the right to acquire territory is previously given. I will
put a plain case, on the ground so commonly of late resorted to, that
of acquiring territory by war. The right to make war is vested by the
constitution in the Government of the United States. Suppose we had gone
down the Mississippi, and favored the wishes of some of our citizens.
Would not gentlemen, in that case, have acknowledged that we should have
possessed the right of laying contributions? Should we not have had the
right of saying to those who exercised the powers of government in that
country, “Begone! We will make new arrangements; the powers of government
shall be exercised by such particular organs as we like. Your laws and
your religion shall be preserved; but your officers shall be replaced by
ours.” Under the laws of nations we should have enjoyed all these powers.
But, independent of this power conferred by the law of nations, I am
inclined to think the provisions of the constitution apply to this
case. There is a wide distinction between States and Territories, and
the constitution appears clearly to indicate it. By examining the
constitution accurately, it will be found that the provision relied upon
by the gentleman from Connecticut will not avail to support his argument.
It will appear that it is to operate in the case of States only. By
the third section of the fourth article of the constitution, it is
declared that “the Congress shall have power to dispose of and make all
needful rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this constitution shall
be so construed as to prejudice any claims of the United States or any
particular State.”
This provision does not limit or restrain the authority of Congress with
respect to Territories, but vests them with full and complete power to
exercise a sound discretion generally on the subject. Let us not be told
this power, from its greatness, is liable to abuse. If arguments are
drawn from the abuse against the use of power, I know no power which may
not be abused, and it will follow that the same arguments that are urged
against the use of this power may be urged against the use of all power.
We may be told that, in the government of the North-western Territory,
there are certain fixed rules established. But by a recurrence to the
ordinance for the government of that Territory, and to the laws of
Congress subsequently made, it will be seen that Congress have conceived
themselves to be possessed of the right, and have actually exercised the
power, to alter the Territory, by adding to or taking from it as they
thought proper, and by making rules variant from those under which it was
originally organized.
In the Territories of the United States, under the ordinances of
Congress, the governor and the judges have a right to make laws. Could
this be done in a State? I presume not. It shows that Congress have a
power in the Territories, which they cannot exercise in States; and that
the limitations of power, found in the constitution, are applicable to
States and not to Territories.
The question was then put on striking out the second section, and
lost--ayes 30.
The bill was ordered to be engrossed for a third reading to-morrow.
FRIDAY, October 28.
_Louisiana Treaty._
The bill sent from the Senate, entitled “An act to enable the President
of the United States to take possession of the territories ceded by
France to the United States, by the treaty concluded at Paris on the
thirtieth of April last, and for the temporary government thereof,”
together with the amendments agreed to yesterday, was read the second
time, as follows:
_Be it enacted, by the Senate and House of Representatives of
the United States of America, in Congress assembled_, That the
President of the United States be, and he is hereby, authorized
to take possession of and occupy the territory ceded by France
to the United States, by the treaty concluded at Paris on the
thirtieth of April last, between the two nations; and that he
may for that purpose, and in order to maintain in the said
territories the authority of the United States, employ any
part of the Army and Navy of the United States, and of the
force authorized by an act passed the third day of March last,
entitled ‘An act directing a detachment from the militia of the
United States, and for erecting certain arsenals,’ which he
may deem necessary, and so much of the sum appropriated by the
said act as may be necessary, is hereby appropriated for the
purpose of carrying this act into effect; to be applied under
the direction of the President of the United States.
SEC. 2. _And be it further enacted_, That, until the expiration
of the present session of Congress, or unless provision
be sooner made for the temporary government of the said
territories, all the military, civil, and judicial powers
exercised by the officers of the existing Government of the
same, shall be vested in such person and persons, and shall be
exercised in such manner as the President of the United States
shall direct, for maintaining and protecting the inhabitants of
Louisiana in the full enjoyment of their liberty, property, and
religion.
On the question, Shall the bill pass? the yeas and nays were required,
and stood--yeas 89, nays 23, as follows:
YEAS.--Willis Alston, Isaac Anderson, John Archer, David Bard,
George M. Bedinger, Samuel Bishop, William Blackledge, John
Boyle, Robert Brown, William Butler, George W. Campbell, John
Campbell, Levi Casey, Thomas Claiborne, Joseph Clay, Matthew
Clay, John Clopton, Frederick Conrad, Jacob Crowninshield,
Richard Cutts, John Dawson, William Dickson, John Earle, Peter
Early, John W. Eppes, William Eustis, William Findlay, John
Fowler, Peterson Goodwyn, Andrew Gregg, Wade Hampton, John
A. Hanna, Josiah Hasbrouck, Daniel Heister, Joseph Heister,
William Hoge, James Holland, David Holmes, Benjamin Huger,
Walter Jones, William Kennedy, Nehemiah Knight, Michael
Leib, John B. C. Lucas, Matthew Lyon, Andrew McCord, William
McCreery, David Meriwether, Samuel L. Mitchill, Nicholas R.
Moore, Thomas Moore, Jeremiah Morrow, Anthony New, Thomas
Newton, jr., Joseph H. Nicholson, Gideon Olin, Beriah Palmer,
John Patterson, Samuel D. Purviance, John Randolph, jr., Thomas
M. Randolph, John Rea of Pennsylvania, John Rhea of Tennessee,
Jacob Richards, Cæsar A. Rodney, Erastus Root, Thomas Sammons,
Thomas Sanford, Ebenezer Seaver, John Smilie, John Smith of New
York, John Smith of Virginia, Richard Stanford, Joseph Stanton,
John Stewart, David Thomas, Philip R. Thompson, Abram Trigg,
John Trigg, Philip Van Cortlandt, Isaac Van Horne, Joseph B.
Varnum, Daniel C. Verplanck, Matthew Walton, John Whitehill,
Marmaduke Williams, Richard Winn, Jos. Winston, and Thomas
Wynns.
NAYS.--William Chamberlain, Martin Chittenden, Clifton
Claggett, Samuel W. Dana, John Davenport, Thomas Dwight, James
Elliot, Calvin Goddard, Thomas Griffin, Gaylord Griswold, Roger
Griswold, Seth Hastings, Joseph Lewis, jr., Thomas Lewis, Henry
W. Livingston, Nahum Mitchell, Thomas Plater, Joshua Sands,
John Cotton Smith, William Stedman, James Stephenson, Samuel
Tenney, and Samuel Thatcher.
SATURDAY, October 29.
_Mourning for Edmund Pendleton._
Mr. EUSTIS rose and observed, that within a few days past the House were
called upon to take notice of an event which, perhaps, would be more
interesting to posterity than to the present generation; the death of one
of those illustrious patriots who, by a life devoted to his country, had
bequeathed a name and an example to posterity which he would not attempt
to describe. He had information that another of these sages, EDMUND
PENDLETON, of Virginia, had paid the last tribute to nature.
On this occasion he begged leave to offer to the House the following
resolution:
_Resolved_, That this House, impressed with a lively sense
of the important services rendered to his country by EDMUND
PENDLETON, deceased, will wear a badge of mourning for thirty
days, as an emblem of their veneration for his illustrious
character, and of their regret that another star has fallen
from the splendid constellation of virtue and talents which
guided the people of the United States in their struggle for
Independence.
The resolution was immediately taken up, and agreed to--ayes 77.
WEDNESDAY, November 2.
_Road to Natchez and New Orleans._
Mr. MITCHILL called the attention of the House to a subject of
considerable importance, growing out of our possessions on the
Mississippi. He stated that the mail to Natchez was at present
transported by a route circuitous and difficult of performance. The
Cherokee country, which constituted a part of it, was so destitute of
water and articles of subsistence, as to render it necessary for the
conveyor of the mail to carry whatever himself or his horses required.
Even the water used was carried in goat skins. A great portion of the
country was likewise infested with robbers. The measure he proposed was
to inquire by what means the carriage of the mail to the Natchez and New
Orleans could be facilitated, so as to abridge the time now consumed, and
lessen the dangers and difficulties attending the transportation. Mr.
M. believed a route might be pursued whereby four hundred miles could
be saved in the present distance to the Natchez. Mr. M. desired such an
inquiry to be made into the means of accomplishing this important object,
as should, while it tended to promote the great political and commercial
interests of the country, convince the Indian tribes that our object was
not to invade their rights. He further observed, that the usual voyage
to New Orleans was about thirty days. If the route by land should be
improved, that place might be probably reached in ten days. He therefore
offered the following resolution:
_Resolved_, That the Committee on Post Offices and Post Roads
be directed to inquire by what means the mail may be conveyed
with greater facility and dispatch, than it is at present,
between the City of Washington, and the Natchez and New Orleans.
Agreed to without a division.
MONDAY, November 7.
Another member, to wit, OLIVER PHELPS, from New York, appeared, produced
his credentials, was qualified, and took his seat in the House.
THURSDAY, November 10.
Another member, to wit, JAMES GILLESPIE, from North Carolina, appeared,
produced his credentials, was qualified, and took his seat in the House.
MONDAY, November 14.
A petition of Andrew Moore, of the State of Virginia, was presented to
the House and read, complaining of an undue election and return of Thomas
Lewis, to serve as a member in this House, for the district composed of
the counties of Greenbrier, Kenawha, Monroe, Botetourt, and Rockbridge,
in the said State.
_Ordered_, That the said petition be referred to the Committee of
Elections.
TUESDAY, November 15.
Another member, to wit, GEORGE TIBBITS, from New York, appeared, produced
his credentials, was qualified, and took his seat in the House.
THURSDAY, November 17.
_Postage of Newspapers._
Mr. G. W. CAMPBELL.--There is a subject to which I wish to draw
the attention of the House. It is, sir, the postage charged on the
transportation of newspapers in the mail. This subject I conceive of
sufficient importance to meet the attention of this House, as it affects
the means of acquiring political information in the different parts of
the Union.
I presume it will not be denied, that the most effectual way of
rendering the people at large useful citizens, and of securing to them
their liberties and independence, would be to increase the sources of
information, make them well acquainted with their political rights,
and also with the proceedings of their Government. So long as they are
informed on those subjects, so long they will be disposed to acquiesce
in, and support such measures as may be calculated to promote the general
good, but will be prepared to resist any attempts that may be made to
infringe their rights by those in power. It is believed that newspapers
are the most general and effectual means of disseminating political
information among the citizens at large; and it ought therefore to be the
object of Government to facilitate their circulation as much as possible.
I conceive, sir, the most direct way to attain this object would be to
cause them to be transported in the mail free of postage.
The moneys arising from the postage on newspapers cannot certainly
be such an object to Government, as would justify the principle of
laying a tax on information, or pursuing any measures that would have
a tendency to diminish, in the least degree, the means by which it may
be acquired. It seems to be admitted by all those who have considered
the subject, that the Post Office establishment was never intended as
a paramount source of revenue; and therefore we find that the moneys
arising therefrom have not generally been taken into the calculation,
in the estimates of our finances. The whole amount of the postage on
newspapers I believe to be very inconsiderable, as an item of revenue;
and a great proportion of it, as I am informed, is given to the deputy
postmasters for keeping the accounts of such postage, and for collecting
the same: and if information is to be relied upon, many of those deputy
postmasters, who are allowed about fifty per cent on the amount of
postage thus collected, are of opinion that the labor of keeping those
accounts and of collection, exceeds this compensation; and they would
be well satisfied that no such postage existed. If this statement be
correct, it will go a great way to prove the measure impolitic.
But perhaps it may be said that the postage to be collected on
newspapers, has a tendency to ensure their arrival at the places of
destination, and the delivery of them to those to whom they are directed.
This, upon investigation, will, I believe, be found not to be the case.
It is made the duty of the postmasters, by law, to forward and deliver
newspapers, as well as letters,--they act upon oath, and if a sense of
propriety in their conduct, and the obligation of an oath, would not
induce them to perform their duty in this respect, it cannot be expected
that the paltry emolument accruing to them from their part of one cent,
or one and a half cents on each newspaper, would have that effect;
and even this sum must be still less relied upon, as an inducement,
when it is considered, as already stated, that the labor required in
keeping accounts for this purpose and in collection, is not in reality
compensated by the sum received. In order, therefore, to bring this
subject fairly before the House, I move that the House come to the
following resolution:
_Resolved_, That so much of the act to establish post-offices
and post roads in the United States as charges a postage on the
transmission of newspapers ought to be repealed.
_Ordered_ to lie on the table.
FRIDAY, November 18.
Two other members, to wit: JOSEPH BRYAN, and SAMUEL HAMMOND, from
Georgia, appeared, presented their credentials, were qualified, and took
their seats in the House.
MONDAY, November 21.
Two other members, to wit: SIMEON BALDWIN and BENJAMIN TALLMADGE, from
Connecticut, appeared, produced their credentials, were qualified, and
took their seats in the House.
WEDNESDAY, November 23.
_Repeal of the Bankrupt Law._
The House resolved itself into a Committee of the Whole, on the
resolution, offered by Mr. NEWTON, for repealing the Bankrupt law.
The resolution was advocated by Messrs. NEWTON, ELLIOT, SMILIE, HASTINGS,
STANFORD, and RANDOLPH; and opposed by Messrs. JACKSON, EARLY, SKINNER,
and EUSTIS.
The advocates of repeal observed that though the resolution had lain
on the table for a considerable time, purposely with a view to collect
public opinion, no remonstrance hostile to it had been received from any
part of the Union, and that this circumstance indicated the unfavorable
sentiment entertained of the bankrupt system; and that even among those
most materially interested in its provisions, a dead silence prevailed.
Some gentlemen were averse to the repeal, inasmuch as the law would
expire by its own limitation, in a few years; but the House should
recollect that in the mean time they were responsible for all its evils
and iniquities. If, too, it should be suffered to die a natural death,
the inevitable effect would be that those who are now struggling to avoid
bankruptcy will precipitate themselves into such a situation as to avail
themselves of its benefit.
With regard to the principle of the present bankrupt system, and probably
of any other bankrupt system that could be devised, it was unjust,
inasmuch as it favored one class of citizens, the merchants, at the
expense of all other classes; to advance the interest of the first it
sacrificed the interests of all the other members of the community. To
prove this, it was only necessary to illustrate it by the common case of
a merchant availing himself of the benefits of bankruptcy, and thereby
cancelling the demands of the mechanic or the farmer who might be his
creditor; and of the same individual mechanic or farmer, the debtors of
another merchant, remaining his debtor with their property subject at
any period of their life to his seizure. In the case of the insolvent
merchant his debts were totally discharged; whereas in the case of the
insolvent mechanic and farmer, they were of eternal obligation. The
preferable system was that established by the several States, which
existed before the bankrupt system, and which still existed, extending to
all insolvent debtors the same relief.
It was contended that the partial operation of the bankrupt system had
the most mischievous influence on the morals of the mercantile world.
That it operated as an impunity to fraud and negligence; that it created
extensive credits, and excited a spirit of the most prodigal expenditure;
that although the American merchants were probably the most honest and
certainly the most able and enterprising in the world, the facility with
which credits were obtained, and the impunity with which risks were
incurred, had, under the auspices of this law, introduced into their
private expenditures a ruinous extravagance; and that nothing was more
common than to see a merchant, of but small capital, living at an expense
superior to that of the European trader who had realized his plum, and at
an expense which shamed the frugal disbursements of the affluent planter.
What were the effects? The scene of luxury and splendor was enjoyed for a
few years, and was succeeded by a failure. Did it become the Legislature
to encourage, or repress this spirit?
The principle of the bankrupt system was inequitable as it regarded the
relation of debtor and creditor. However it might be averred to the
contrary, it was a truth that its provisions operated to the advantage
of the debtor, and of course to the detriment of the creditor. There
was no weight in the remark that the commission was taken out at the
instance of the creditor, as that was merely a nominal act, a creditor
usually being made use of who was the friend of the bankrupt. That it
operated to the benefit of the debtor was clear from its liberating all
his future acquisitions, after availing himself of the benefit of a
commission, from seizure: whereas, under an insolvent law, the person
alone was released. That hence sprang up a ten-fold temptation to fraud
under this act, over that which existed under the common insolvent laws.
For that under the latter an insolvent debtor, if guilty of a fraudulent
concealment of property, could at any future period be called upon
to satisfy the claims of his creditors by a delivery of his visible
property; while, under this law, the bankrupt may live in the greatest
splendor, even ostentatiously displaying his property, without rendering
it liable to seizure. Fraud once successfully perpetrated and concealed,
every restraint is removed; and so deleterious had this effect been that
it had manifestly inflicted a deep wound upon the confidence of man with
man in the ordinary transactions of life.
It was further contended, that while justice and humanity dictated the
liberation from arrest of the body of the unfortunate debtor, justice
inhibited the exoneration of property from going to satisfy just debts;
that the obligation, wherever the ability existed, to pay just debts,
was eternal, and that this law, in having a retro-active effect, was
unjust. Evils infinitely greater had been inflicted by inconsiderate
and fraudulent debtors taking refuge in the provisions of the bankrupt
law than from all the inhumanity exercised by merciless creditors over
unfortunate debtors. That the principle of the bankrupt law was also
retro-active, inasmuch as it destroyed the grade of dignity existing in
many of the States, by which a bonded debt obtained a preference over an
open account; that it absolutely impaired the subsisting contract between
the person holding and the person signing the bond.
It was remarked that the principle of the bankrupt law, however good in
theory, could never be carried into effect, as had been proved by a long
course of British experience, without a recurrence to those sanguinary
laws which they had introduced for the prevention and punishment of
fraud, but which were so abhorrent to our code of laws that public
opinion could not tolerate them.
The expenses of going through the forms of bankruptcy constituted no
inconsiderable objection to the system. The appointment of a Commissioner
was understood to be in no small degree lucrative, and the various
processes through which the bankrupt was compelled to go, in practice,
reduced the little property he had left to a state still less. Indeed,
from the practical effects of the system, it would appear that it had
been made more for the emolument of the Commissioner than for the benefit
of the creditor.[7]
However necessary this system might be in England, who owed almost the
whole of her prosperity to trade, it became not a nation, the leading
feature of whose character was agriculture, to tread in her footsteps;
but, on the contrary, to avert rather than to hasten the period when such
a system would be rendered necessary; that, in truth, the spirit of trade
in this country was sufficiently vigorous, and only required the common
protection given to all other occupations, to prosper to every beneficial
purpose.
In the commercial world, the honest, though unfortunate merchant, had
nothing to fear from his creditors. A long experience had shown that
the mercantile world felt with sympathy and acted with magnanimity to
the unfortunate. In addition to these objections, it was urged that the
bankrupt law was injurious, as it enlarged the sphere of the Federal
courts. The constitution was a system of compromise. Many powers were
given without a view to their immediate exercise. It did not, therefore,
follow that, because the power given to establish a uniform system
of bankruptcy was given, it must now be exercised. The powers of the
General Government, if not too great, were sufficiently great. It became
Congress, therefore, neither to take from nor add to the powers of the
State courts. To increase the powers of the Federal courts, through the
operation of the bankrupt system, was to derogate from the powers of
the State courts. The State tribunals were weak enough, without thus
trenching upon them.
The authorities under this law not only went to enlarge the powers of
the Federal Government generally, but particularly to the extension of
executive power. The appointment of Commissioners of Bankruptcy was an
additional weight thrown into the scale of executive patronage. The
power of that department ought to be viewed with an eye of jealousy, and
the House, however willing to allow to it the enjoyment of all fair and
necessary power, ought vigilantly to guard against its undue increase.
It might be answered that this evil might be removed by placing the
appointment of the Commissioners in the hands of the courts. But this
would not be the effect. The Judicial Department, in the aspect of its
political weight, was not to be contemned. So long as it remains, as
fixed by the constitution, it will rest for support somewhere--it will
naturally ally itself to some other department of the Government, and
the inducements to such alliance will be most naturally held out by
the Executive; but however peculiar circumstances might at this time
indicate otherwise, such a tendency was a kind of political gravity,
which, however it might for a time be checked, would eventually exert its
influence.
On the other hand, the opponents of the repeal observed that the
silence of the public on the subject indicated neither hostility nor
opposition to the present system of bankruptcy; if it indicated any
prevailing sentiment, it was that of confidence in the judgment of their
representatives. If the system really was so unpopular as some gentlemen
had represented it to be, their tables would ere this have been covered
with memorials for its repeal, whereas not a single petition to that
effect had been presented during the session.
They contended that it would be true policy to suffer the act to expire
by its own limitation. Little more than two years would elapse before
the arrival of that period. This conduct was dictated by the undisputed
fact that the present system had been adopted as an experiment. Hence
the limitation of the act. This experiment was now in a fair course of
trial. Little more than three years had elapsed since its commencement,
and sufficient time had not yet passed to test the goodness or the
badness of the principle it involved. It was a fact that the distresses
of the commercial world called forth such a system when it was formed
in the year 1800; it was a fact that it had done much good; and it
might be that a system of bankruptcy, improved to the extent of which
it was susceptible, would be of permanent utility. Amendments, radical
amendments, the system certainly required; and should the House determine
not to destroy it, the amendments could and doubtless would be made.
It was believed that the general sentiment of the nation concurred in the
propriety of affording some relief to the distresses of the commercial
world. On the form and extent of that relief great contrariety of opinion
existed. It was the opinion of well-informed merchants and of the best
writers, that a greater relief should be afforded to the misfortunes of
men engaged in trade than in other occupations. To the argument that the
proper relief to be extended should be left to the determination of the
States, the objection that the laws of the different States were on this
point various and contradictory, was conclusive. Trade, of all human
occupations, embraced the widest range. Its operations were confined to
no particular State or climate, but pervaded the whole world. It was
of great importance then, if practicable, that laws in relation to it
should be equally wide with this extensive range. Though this was utterly
impracticable, yet it was practicable to make the same laws pervade a
whole nation. Of this opinion were the venerable patriots of 1789, who
framed the constitution; such was the spirit of the constitution itself;
and such its language in speaking of uniform laws respecting imports,
bankruptcies, and intercourse between the several States. Not that the
power to pass such laws was imperative: but they manifested the sense
of that body and the spirit of the instrument, that all laws on those
subjects should be uniform throughout the United States.
To the argument, that the exoneration of property from the payment of
just debts was a violation of justice, it was replied, that however
correct the principle might be in ordinary cases, it did not hold in
commercial concerns. In other employments an inability to comply with
contracts was generally the result of idleness or imprudence; but so
great and inevitable were the risks attendant on commerce, that no human
prudence could guard against them.
Of trade, credit was the life; without it, it could not exist. In this
country, too, it was the great source of revenue. How impolitic then was
it, in a country where the whole of the revenue, and much of the wealth
of its citizens, depended upon trade, to adopt regulations which would
repress mercantile exertion and enterprise.
It was contended, that it was not true that the principle of a bankrupt
law operated in favor of the debtor; the reverse was the case, and
constituted one of the strongest arguments of its superiority to
insolvent laws, under which the time of surrender was left to the option
of the debtor; whereas, under a bankrupt law, the creditor, whenever he
had reason to apprehend the fraud or failure of his debtor, could take
out a commission under the bankrupt law; the creditor may arrest the
prodigal or unjust career of the debtor; while, under the insolvent law,
the debtor rarely surrenders his property, until he has squandered nearly
the whole, or until he has made a fraudulent transfer of it. Such was the
operation of the principle of a good bankrupt system; with regard to the
present it was admitted that its provisions were unfair, and operated
frequently the other way.
A leading argument in favor of a bankrupt system was that it multiplied
checks against fraud; there would of course be less temptation to commit
fraud, as the chances of concealing it diminished. In most countries the
terrors of an awful punishment awaited the commission of fraud under this
act, even the terrors of death. Though it might not be sound policy in
this country to make punishments so terrible, yet it was always within
the power of the Legislature to make transgressions so penal, as to guard
against the apprehended evils.
It was contended that one great object of the constitution in bestowing
this power on the General Government was the establishment of national
credit upon the broad principles of justice; such was the effect of the
system of bankruptcy by which the same obligations were imposed upon the
merchants of all States in their relation to each other, and towards
foreigners. Remove this system, and you virtually re-enact the partial
and varying laws of the different States. In Virginia, for instance,
the person only of the debtor is liberated, while in Maryland both
person and property are liberated. Will not the citizen of one State
acquire advantages over the citizen of another, and will not foreigners
have reference in their dealings to the laws of the States, and prefer
dealing with the citizens of that State where there shall exist the
greatest security for the recovery of their debts? Will not the citizen
of one State remove into another, and evade the operation of the laws
of the States where contracts were made? The friends of the repeal say
the bankrupt system is retrospective in its operation. That was true,
inasmuch as it changed the relations of debtor and creditor. But what
will the repeal do? Contracts have been made under the contemplated
existence of the act for a fixed period. By repealing it before that
period arrives, you likewise change again the relations of debtor and
creditor.
About four o’clock, the debate being closed, the question on the
resolution to repeal, was taken and carried in the affirmative, ayes 94.
The Committee rose, and the House immediately took up their report, on
agreeing to which the yeas and nays were required, and were, yeas 99,
nays 13, as follows:
YEAS.--Willis Alston, jun., Nathaniel Alexander, Isaac
Anderson, John Archer, Simeon Baldwin, David Bard, George M.
Bedinger, Silas Betton, Phanuel Bishop, William Blackledge,
John Boyle, Robert Brown, Joseph Bryan, William Butler,
George W. Campbell, Levi Casey, William Chamberlain, Martin
Chittenden, Thomas Claiborne, Matthew Clay, John Clopton,
Frederick Conrad, Jacob Crowninshield, Richard Cutts, Samuel
W. Dana, John Davenport, John Dawson, William Dickson, Thomas
Dwight, John B. Earle, James Elliot, John W. Eppes, William
Findlay, John Fowler, James Gillespie, Calvin Goddard, Peterson
Goodwyn, Edwin Gray, Andrew Gregg, Thomas Griffin, Gaylord
Griswold, Roger Griswold, Samuel Hammond, Wade Hampton, John A.
Hanna, Josiah Hasbrouck, Seth Hastings, Joseph Heister, William
Hoge, David Holmes, Walter Jones, William Kennedy, Nehemiah
Knight, Michael Leib, Joseph Lewis, jun., John B. C. Lucas,
Andrew McCord, David Meriwether, Nahum Mitchell, Thomas Moore,
Jeremiah Morrow, Anthony New, Thomas Newton, jun., Gideon Olin,
Beriah Palmer, John Patterson, John Randolph, jun., John Rea of
Pennsylvania, John Rhea of Tennessee, Jacob Richards, Cæsar A.
Rodney, Erastus Root, Thomas Sammons, Thomas Sanford, Ebenezer
Seaver, John Smilie, John C. Smith, John Smith of Virginia,
Richard Stanford, Joseph Stanton, William Stedman, James
Stephenson, John Stewart, Samuel Taggart, Benjamin Tallmadge,
Samuel Tenney, David Thomas, Philip R. Thompson, Abram Trigg,
John Trigg, Isaac Van Horne, Joseph B. Varnum, Matthew Walton,
John Whitehill, Marmaduke Williams, Richard Winn, Joseph
Winston, and Thomas Wynns.
NAYS.--John Campbell, Joseph Clay, Peter Early, William
Eustis, Daniel Heister, Benjamin Huger, John G. Jackson,
Thomas Lowndes, William McCreery, Nicholas R. Moore, Joseph H.
Nicholson, Tompson J. Skinner, John Smith of New York.
_Ordered_, That a bill or bills be brought in, pursuant to the said
resolution; and that Mr. NEWTON, Mr. HAMMOND, Mr. TALLMADGE, Mr. VAN
CORTLANDT, and Mr. MARMADUKE WILLIAMS, do prepare and bring in the same.
THURSDAY, November 24.
_Amy Dardin._
On the motion of Mr. CLAIBORNE, the House resolved itself into a
Committee of the Whole on the report of the Committee of Claims on the
petition of Amy Dardin. The report is unfavorable to the prayer of the
petitioner.
On agreeing to this report, a discussion took place which occupied the
greater part of the day. Messrs. J. C. SMITH, GREGG, and MACON supported,
and Messrs. CLAIBORNE, SMILIE, and ELLIOT opposed the report; when the
question was taken on agreeing to the report of the Committee of Claims
and lost--ayes 32.
Mr. CLAIBORNE then moved a resolution, “that the prayer of Amy Dardin is
reasonable and ought to be granted.”
Messrs. CLAIBORNE and NICHOLSON supported and Messrs. GRISWOLD and
GREGG opposed this resolution, which, on the question being taken, was
carried--ayes 61, nays 38.
The committee then rose, and reported their agreement to the resolution.
Mr. GREGG moved an amendment directing the proper accounting officer of
the Treasury to settle the claim of Amy Dardin, on the same principle
with similar cases, the statute of limitations notwithstanding.
Messrs. GRISWOLD and GREGG supported, Messrs. NICHOLSON and CLAIBORNE
opposed the amendment.
A concurrence in the report was then agreed to, and the Committee of
Claims instructed to bring in a bill.
FRIDAY, November 25.
_Ordered_, That the petition of Memucan Hunt, William Polk, and Pleasant
Henderson, for themselves and others, addressed to the General Assembly
of the State of North Carolina; also, sundry resolutions of the said
Assembly, respecting a claim for the value of certain lands in the State
of Tennessee, presented to this House on the nineteenth of January, one
thousand eight hundred and two, and the report of a select committee
thereon, made the twenty-fourth of March, in the same year, be referred
to the committee this day appointed on the memorial of the Legislature of
Tennessee.
_Bankrupt Law._
Mr. NEWTON called for the order of the day on the bill to repeal an act
to establish a uniform system of bankruptcy throughout the United States;
and the House then resolved itself into a Committee of the Whole on the
said bill.
Mr. VARNUM moved an amendment, extending the period of repeal to the
first of January, 1804, instead of from the passage of the act; and
afterwards varied the motion, so as to leave the period of repeal blank.
This motion was supported by Messrs. R. GRISWOLD, EARLY, and SKINNER; and
opposed by Messrs. SMILIE, NEWTON, RODNEY, and HASTINGS. Lost--ayes 25.
On motion of Mr. R. GRISWOLD, an amendment was introduced, directing the
completion of all proceedings under commissions taken out previous to the
repeal.
The committee then rose and reported the bill with the above amendment,
in which the House immediately concurred, and ordered, without a
division, the bill to be engrossed for a third reading on Monday.
[The bill is concise, and is confined to repealing the bankrupt act,
saving cases where commissions have been taken out previously to the
passage of the act, at which time the repeal takes effect.]
MONDAY, November 28.
_Public Roads._
On the call of Mr. JACKSON, the House resolved itself into a Committee of
the Whole on the following resolution:
“_Resolved_, That provision be made, by law, for the
application of one-twentieth part of the net proceeds of the
land lying within the State of Ohio, sold, or to be sold by
Congress, from and after the 30th day of June, 1802, to the
laying out, and making public roads, leading from the navigable
waters emptying into the Atlantic, to the Ohio river, and to
the said State of Ohio: in conformity with the act of Congress,
entitled ‘An act to entitle the people of the eastern division
of the territory north-west of the river Ohio, to form a
constitution, and State government, and for the admission of
such State into the Union on an equal footing with the original
States; and for other purposes,’ passed upon the 30th April,
1802, as well as the act passed the 3d of March, 1804, in
addition to and in modification of the propositions contained
in the act aforesaid; and the ordinance of the convention of
the State of Ohio, bearing date the 29th day of November, 1802.”
Mr. JACKSON called for the reading of the acts of Congress which were
referred to in the resolution, which was done: he then moved that the
committee rise and report their agreement.
Mr. VARNUM said he hoped the question would be taken separately on the
resolution.
Mr. JACKSON hoped that gentlemen opposed to the resolution would rise at
that time and express their opinions.
Mr. NICHOLSON was opposed to the resolution, but was prevented from
indisposition from expressing his sentiments; he would do it at a future
period.
Mr. J. RANDOLPH was sorry that the indisposition of his friend from
Maryland should prevent him from delivering his sentiments on this
occasion. He was himself unprepared to speak on this question, but it
appeared to him, from a complete view of the subject some time since,
that the resolutions contravened one of the provisions of the law to
which it was referred; by reverting to that law, it would be found that
in one of the propositions offered by Congress to the State of Ohio, it
was provided that one-twentieth part of the net proceeds, arising from
the sale of lands in that State, should be laid out in roads to and from
it, and laid out under the direction of Congress. The State of Ohio
agreed to adopt the propositions if Congress would make an amendment,
(which he read.) He wished to call the attention of the committee to
the facts, and wished them to attend to the different propositions. He
should not have troubled the committee but from an apprehension that
when gentlemen had taken up an opinion, they were loth to abandon it.
One of the propositions of Congress was, that one-twentieth part of the
net proceeds arising from the sale of lands in the State of Ohio should
be laid out under the direction of Congress in the making of roads from
the Atlantic to that State. The State of Ohio agrees to the proposition
with this amendment, that not less than three per cent. should be laid
out exclusively in that State, under the direction of their Legislature.
He conceived that the last proposition was only a modification of the
former, and that the three per cent. was a part of the five, and not an
additional allowance; if the latter had been intended, why, he asked,
was it not so expressed? There were several other propositions and they
were stated to be amendments. He considered Congress never intended to
grant more than five per cent. and should therefore vote against the
resolutions.
Mr. R. GRISWOLD apprehended there could be no doubt as to the
construction which Congress gave to the law in question; there might
be some doubt whether that construction was a sound one; he, however,
thought it perfectly so. In the year 1801, Congress provided that
one-twentieth part of the net proceeds arising from the sale of lands
in the State of Ohio, should be applied to making roads to that State,
under the direction of Congress. The proposition was laid before the
State of Ohio. The Convention of Ohio agreed to it, provided Congress
would consent to a modification of it; they wished some part of the five
per cent. to be laid out exclusively in their own State and under the
direction of their own Legislature; they therefore proposed that three
per cent. should be laid out in the State, and under the direction of the
Legislature of Ohio. If the State of Ohio had intended that the three per
cent. was to be added to the five, they would have stated it (as in the
other propositions) to be in addition to it. The committee which were on
the subject last session, gave the law the same construction which he
did, and the House concurred in that construction. He thought they were
under no obligation to lay out more money than they had agreed to do,
and if the committee would attend to the subject, they could be under no
difficulty to determine the construction. We had an appropriation of two
per cent. to make, and perhaps it might be necessary to pass a law to
that effect; but he could not consent to give any more.
Mr. G. W. CAMPBELL would beg the indulgence of the committee while he
said a few words on the subject before them. As he should vote in favor
of the resolution on the table, he conceived that when they were about to
determine on the construction of a law, they were only to refer to the
face of it, and not to inquire what the framers of it meant. He begged
leave to read the law on the subject, and said that the law of Congress
concerning five per cent. was in force, unless repealed by another law;
and the subsequent law, which provided for the laying out of three per
cent. in roads, was either in addition to or a repeal of it; he believed
that it was an addition to it. It could not be the intention of the
Convention of Ohio to accept of three per cent. to be laid out in their
own State, and under the direction of their own Legislature, in lieu of
five per cent. to be laid out under the direction of Congress. He should,
considering the appropriations to be distinct ones, vote in favor of the
resolutions.
Mr. RODNEY deemed it necessary to make but few observations after the
able arguments of his friend from Virginia, (Mr. RANDOLPH,) and the
luminous observations of the gentleman from Connecticut, (Mr. GRISWOLD,)
against the resolutions. The question to be determined, was, whether
the five per cent. was to be given exclusive of the three? It had
been said that they ought not to consider the intention of those who
framed the law, but he conceived it to be proper, in order to give a
right construction. When they reverted to the propositions themselves,
they would find one of them was, that provided the State of Ohio would
not for a limited time tax the lands of the United States, that then
one-twentieth part of the net proceeds arising from the sale of lands
in that State should be laid out in making roads to the State of Ohio,
the same to be laid out under the direction of Congress. When this
proposition came before the Convention of Ohio, they said that three
per cent. ought to be laid out exclusively in their own State and under
the direction of their Legislature. This could only be intended as a
modification of the law. He did not think there was any difficulty in
determining the construction of the law, and should vote against the
resolution.
Mr. VARNUM conceived that the construction given to the law by the
gentlemen from Virginia, Connecticut, and Delaware, was perfectly
correct. He did not know whether it would be necessary to make an
appropriation of the remaining two per cent. during this session, but in
order to try the principle, he moved to strike out of the resolution the
words one-twentieth and insert one-fiftieth.
Mr. SANFORD had not intended to have troubled the committee on this
occasion, but being a representative from the West, it might be expected
that he might be in favor of the resolution. But he did not conceive
that more than five per cent. was ever intended to be given, and this
was not a question of expediency. He did not believe that the Convention
of Ohio intended that the three per cent. should be given in addition
to the five, nor had they any reason to expect it. This ought not to
be an Eastern and a Western question. If the five per cent. was now
given, Mr. S. asked whether it would not operate for the benefit of
the rest of the States as well as the State of Ohio? But, as they must
determine, not what Congress ought to give, but what they meant to give,
and he conceived that three per cent. was a part of the five, he should
therefore vote against the resolution.
Mr. LYON spoke in favor of the resolution at some length.
Mr. MACON did not think it necessary to say any thing on the construction
of the law, because he conceived the arguments of the two first gentlemen
who opposed the resolution (Messrs. J. RANDOLPH and R. GRISWOLD) to be
unanswerable; but as the question appeared to be made an Eastern and a
Western one, he would say a few words. He considered the whole United
States concerned in it, and not merely the State of Ohio. He believed
that the arguments of gentlemen, that they had not done justice to the
State of Ohio, were groundless. There was no State in the Union which
has been so much favored as that State. He was sorry gentlemen had used
threats on the occasion, that if they did not grant this, they might not
be attached to the Union; but he believed that the State of Ohio would
be the greatest loser by it. He was willing to leave it to the Western
people themselves to determine, whether Congress had not done them
justice, and he was certain they would answer in the affirmative.
Mr. BOYLE did not consider this a question of party or of expediency; nor
what Congress ought to give, but what they had given. If the construction
of the law was difficult to determine, it ought to be taken against the
United States and favorable to the State of Ohio, because Congress was
the grantor and that State the grantee. This was the manner in which
private contracts were always construed, and he thought it a sound one.
The gentleman from Virginia (Mr. JOHN RANDOLPH) had said that the three
per cent. was not intended to be given in addition to the five, because
it was not so expressed; but Mr. B. said, the last law was not said to be
a modification, the construction was therefore doubtful and ought to be
taken favorable to the State of Ohio.
Mr. GODDARD did not think they were under any difficulty in determining
the true construction of the law in question. He considered it to admit
of but one construction; this appeared to him to be a negotiation
between Congress and the State of Ohio. It was proposed by the former,
that if the latter would not tax their lands for a limited time, the
one-twentieth part of the net proceeds should be laid out in making roads
for that state under the direction of Congress; the State of Ohio acceded
to it, provided three per cent. should be laid out exclusively in that
State, and Congress agreed to it; this appeared to him to be the true
state of the case.
Mr. MORROW would beg the indulgence of the committee while he made a
few observations on the subject. He was sorry this was made a party
question. He read the report of the committee of Congress and the
propositions of Congress to the State of Ohio; and observed that when the
propositions came before the convention, they were pleased with them, but
did not consider that the five per cent., which was to be laid out in
roads, was an equivalent for what they asked: which was, that the State
of Ohio should not for a limited time tax the lands of Congress. How,
said Mr. M., gentlemen would ask, was this known? He would answer, by an
estimate of the value of both; therefore they agreed to the propositions,
provided Congress would make an amendment, and allow them an additional
three per cent. to be laid out exclusively in their own State and under
the direction of their Legislature: to this Congress agreed. He conceived
the question for them to determine, whether the three was in addition to
or in lieu of the five; he believed it could not be the latter, because
it would go to defeat the original design, which was facilitating the
communication between the Eastern and Western States. He was in favor of
the resolution, believing that it was the intention of the Convention of
Ohio, at the time they agreed to the propositions, that the three per
cent. was to be given in addition to the five.
The question was taken on Mr. VARNUM’s motion to strike out one-twentieth
and insert one-fiftieth, and carried--yeas 75.
The question was then taken on the resolution as amended, and carried
without a division.
TUESDAY, November 29.
_Amy Dardin._
Mr. CLAIBORNE called for the order of the day on the bill for the relief
of Amy Dardin.
The motion of Mr. DAWSON being lost, there being only thirty-two ayes in
favor of it, Mr. CLAIBORNE’s motion was taken up.
Mr. SANFORD moved to postpone the order of the day on the bill for the
relief of Amy Dardin till to-morrow, in order to introduce a resolution
for the appointment of a committee to inquire into the expediency of
extending the time for adjusting the claims of individuals for supplies
furnished and services rendered during the Revolutionary war, with the
view of trying previously to the granting individual relief the general
principle, whether Congress would repeal the statutes of limitation.
After a debate of considerable length, the motion to postpone was lost.
The House then went into a Committee of the Whole on the bill, which
was so amended as to allow Amy Dardin two thousand five hundred dollars
for the horse Romulus, being the estimated value thereof, not including
interest.
The Committee reported the bill so amended.
The question was then taken on two thousand five hundred dollars, and
decided in the negative by the vote of the SPEAKER.
Mr. NICHOLSON moved to fill the blank with two thousand three hundred
and twenty dollars, being the amount of principal and interest on the
value of the horse.
Mr. SANFORD moved to fill it with one thousand dollars.
The House agreed to Mr. NICHOLSON’s motion--ayes 58, noes 43.
The yeas and nays were then taken on the engrossing of the bill for a
third reading--yeas 57, nays 49.
_Ordered_, That the said bill be read the third time to-morrow.
WEDNESDAY, November 30.
The SPEAKER laid before the House sundry depositions and other papers,
transmitted from the counties of Greenbriar and Rockbridge, in the State
of Virginia, respecting the contested election of THOMAS LEWIS, one of
the members returned to serve in this House for the said State; which
were ordered to be referred to the Committee of Elections.
_Amy Dardin._
An engrossed bill for the relief of the legal representatives of David
Dardin, deceased, was read the third time; and on the question that the
said bill do pass, there appeared--yeas 58, nays 57. And Mr. SPEAKER
having declared himself with the nays, the said question was, in
conformity with the rules of the House, decided in the negative. And so
the said bill was rejected.
MONDAY, December 19.
A memorial of the House of Representatives of the Mississippi Territory
of the United States, signed by William Dunbar, their Speaker _pro
tempore_, and attested by Richard S. Wheatly, their Clerk, was presented
to the House and read, stating certain disadvantages to which the
inhabitants of the settlement on the Tombigbee and Alabama rivers have
been and are now subjected, in consequence of their remote situation from
the other inhabited parts of the said Territory; and praying that a line
of separation may be drawn between the settlements on the Mississippi
river, and those of Washington District, or that judges, learned in the
law, may be appointed to reside within the said district, for the benefit
and convenience of the inhabitants thereof.
_Ordered_, That the said memorial be referred to the committee appointed,
on the 25th ultimo, on the petition and memorial of sundry inhabitants of
the District of Washington, situate on the Mobile, Tombigbee, and Alabama
rivers, in the said Mississippi Territory; to examine and report their
opinion thereupon to the House.
_Mail Routes._
The House went into a Committee of the Whole on the following report of
the Post Office Committee:
The Committee on the subject of the Post Office and Post Roads,
to whom was referred a resolution of the 2d ultimo, directing
them to inquire by what means the mail may be conveyed with
greater security and dispatch than at present, between the City
of Washington and Natchez and New Orleans, report:
That the late cession of Louisiana by France to the United
States renders it an object of primary importance to have the
nearest and most expeditious mode of communication established
between the city of Washington and the city of New Orleans,
the capital of that province; not only for the convenience of
Government, but to accommodate the citizens of the several
commercial towns in the Union.
That at present the mail is conveyed on a circuitous route from
this place to Knoxville and Nashville in Tennessee, and from
thence through the wilderness by Natchez to New Orleans, a
distance of more than 1500 miles.
That, by establishing a post route as nigh on a direct line
between those two cities, as the Blue Ridge and Alleghany
Mountains will admit of, it will not only lessen the distance
about 500 miles; but as this route will pass almost the whole
way through a country inhabited either by citizens of the
United States or friendly Indians, the mail will be more
secure, and the persons employed in transporting it better
furnished with the means of subsistence.
The committee flatter themselves that the views of the
General Government, in effecting this important object,
will be seconded by the governments and citizens of those
States through which this road will pass, by laying out,
straightening, and improving the same, as soon as the most
proper course shall be sufficiently ascertained; but as this
has not heretofore been used for conveying the mail between
those places, they presume that the best route will be better
known after it has been used for this purpose, than it can be
at present; and with this view of the subject, they deem it
improper at this time to designate intermediate points; they
are, therefore, of opinion--
That a post road ought to be established from the city of
Washington, on the most direct and convenient route to the
Tombigbee settlement in the Mississippi Territory, and from
thence to New Orleans.
And further, that a post road ought also to be established from
the said Tombigbee settlement to the Natchez. This road will
not only afford the inhabitants of that place a direct mode of
communication with the seat of the Territorial Government, who
at present are destitute of any, but will shorten the distance
between this city and Natchez nearly three hundred miles. And
for the consideration of the House, the committee submit the
following resolution:
_Resolved_, That a post road ought to be established from
the city of Washington, on the most direct and convenient
route, to pass through or near the Tuckabachee settlement to
the Tombigbee settlement in the Mississippi Territory, and
from thence to New Orleans; and also from the said Tombigbee
settlement to Natchez.
Mr. STANFORD moved the insertion of the following words:
“And Carter’s Ferry on James river, Cole’s Ferry on Stanton,
Dansville on Dan river, in Virginia; Salisbury, Beatty’s
Ford, on Catawba, in North Carolina; Spartanburg, Greenville
Courthouse, and Pendleton Courthouse, in South Carolina; and
Jackson Courthouse in Georgia:”
His object being to designate the intermediate points of the route
between the seat of Government and New Orleans and Natchez.
This motion was supported by Messrs. STANFORD, J. RANDOLPH, EARLY, EARLE,
and MACON, on the principle that it was proper that Congress should
designate the route, and on the ground that the route contemplated by the
amendment would be the fittest.
On the other hand, the motion was opposed by Messrs. THOMAS, SMILIE,
HOLLAND, CLAIBORNE, S. L. MITCHILL, and G. W. CAMPBELL, on the ground
that a discretionary power should be reposed in the Postmaster General
to designate the route; and on the ground that, if Congress should
undertake to designate the route, the one fixed by the amendment was not
an eligible one.
Mr. DENNIS declared himself in favor of the House exercising the power of
designating the route, but was not sufficiently informed to vote on any
particular line.
Mr. R. GRISWOLD moved that the Committee of the Whole should rise and ask
leave to sit again, with the view that leave should be refused, and the
report recommitted to the Post Office Committee, in order to obtain from
them a detailed report, that would furnish the House with satisfactory
information.
This motion was supported by Mr. GREGG, and opposed by Mr. THOMAS, and
carried--yeas 70.
The House then refused leave to the Committee of the Whole to sit
again--yeas 19, and recommitted the report to the Post Office Committee.
FRIDAY, December 30.
Three other members, to wit: EBENEZER ELMER, JOHN SLOAN, and HENRY
SOUTHARD, from New Jersey, appeared, produced their credentials, were
qualified, and took their seats in the House.
TUESDAY, January 3, 1804.
_Light-House Duties._
Mr. MITCHILL observed, that there had been some conversation in the
House during the last session, concerning the sums of money paid by our
merchants on foreign voyages. He wished to renew that subject, as well
worthy of the attention of Government.
Foreign nations levy money upon our vessels, which frequent their ports,
for the purpose of supporting their light-houses. The sums paid by our
merchants in compliance with these exactions are very considerable.
The contribution which strangers are thus obliged to make, constitutes
a fund, that goes a great way towards defraying the expense of those
establishments, to the great relief of their own subjects.
The average amount of light-money paid by every vessel that enters a
British port, is about four pence sterling the ton, for every light she
may have passed inwards, or that she may be expected to pass outwards.
Calculating by this rule, an American ship of two hundred and eighty-four
tons, entering the port of London, is charged with duties for the
maintenance of the following lights, all along up the British channel, to
wit: Scilly, Longships, Lizard, Eddystone, Portland, Caskets, Needles,
Owers, Dungenness, Foreland, Goodwin, and the Nore. They amount to
thirty-four pounds sterling, and the stamped paper for the receipt four
pence more. Besides this, the duties of the Trinity House, for such a
ship, amount to nine pounds seven shillings and eight pence. In addition
to which there is demanded and paid by virtue of an act of George III.
for the maintenance and improvement of the harbor of Ramsgate, seven
pounds and two shillings. So that the amount of these impositions for
light-money and Ramsgate harbor money, on a ship under three hundred
tons, for a single voyage to London, amounts to fifty pounds and ten
shillings sterling, which is equal to two hundred and twenty-two dollars,
independent of her tonnage, duties on merchandise, pilotage and other
expenses.
An American vessel entering the harbor of Hull, the lights are charged
as before, viz: Scilly, Longships, Lizard, Eddystone, Portland, Caskets,
Needles, Owers, Dungenness, Foreland, and Goodwin; and to these are added
the lights on the Eastern coast of England, such as Sunk, Harwich, Gatt,
Lowestoft, Harbro, Winterton, Oxford, Shawl, Dudgeon, Faulness, and the
Spurn. The amount of these demands for light-money on an American ship of
two hundred and forty-five tons, is thirty-seven pounds and six shillings
sterling. At Hull, the collector enforces payment of Ramsgate harbor
duties to the amount of £6 2_s._ 6_d._, and of Dover harbor dues to the
amount of £3 1_s._ 3_d._ The demand for supporting lights, few of which
perhaps were seen on the passage, and for improving harbors which were
not entered by the ship, amounts to forty-six pounds nine shillings and
nine pence sterling on a burthen less than two hundred and fifty tons; an
amount of demand exceeding two hundred and four dollars.
An American ship goes to Liverpool, she is charged for the light up St.
George’s Channel. A ship of three hundred and fourteen tons is made to
pay for supporting the lights at Milford, that called the Smalls, and
another known by the name of Skerries. These several demands, with the
price of stamps, come to £15 14_s._ 2_d._ sterling on a vessel of that
burthen for one voyage, or more than sixty-three dollars for light-money
alone. For each of these three light-houses the charge is exactly four
pence sterling the ton.
Light-houses have been established by the Government of the United States
on many parts of our extensive coast. Many parts of it are admirably
illuminated. And the whole expense of these valuable establishments is
defrayed from the Treasury out of the ordinary income. Foreigners who
visit our ports participate the security and advantage of these guides
to mariners, as fully as our own citizens; but they pay nothing for this
privilege of directing themselves by our lights. Foreign nations have
acknowledged the principle that duties ought to be collected from their
commercial visiters, for supporting light-houses, and they compel our
merchants to pay them. It is a correct principle of distributive justice,
that we should cause our commercial visiters to pay something also for
the establishment and improvement of our light-houses. A duty of tonnage,
for this express purpose, could easily be laid and collected from foreign
vessels, and would add materially to our means of keeping them in good
repair and attendance. A sum, for example, of six or seven cents per ton
upon every foreign vessel for every light-house she shall have passed,
will make a valuable fund for the humane and excellent institution
of light-houses. To the intent that this interesting subject may be
investigated and that our Government may avail itself of its own proper
rights and resources, I move the following resolution:
“That the Committee of Commerce and Manufactures be directed
to inquire into the expediency of laying and collecting a
tonnage duty on foreign ships and vessels, entering the ports
and harbors of the United States, for an equivalent for the
advantages which such ships and vessels derive from the
light-houses they pass, inwards and outwards.”
WEDNESDAY, January 4.
_Addition to the Navy._
A debate of some length ensued on the motion of Mr. MACON to strike out
the second section.
Messrs. SMILIE and J. RANDOLPH supported the motion. They contended that
no necessity existed in the present situation of the United States for
an augmentation of the Navy; that it remained in the same state it had
been fixed in during March, 1801, with the addition of four small vessels
for the Mediterranean service; that it had heretofore proved fully
competent to the protection of commerce, even when the complexion of our
affairs was less pacific than at present; that the Mediterranean service
had evinced that large vessels produced in that quarter more decisive
effects than small ones, and that of the former description of vessels
we had a sufficient number unemployed; that one great occasion for small
vessels was removed by the permission of the State of South Carolina to
import slaves, which superseded the necessity of any additional force
to restrain their illegal admission into the United States; that this
addition to our marine force did not appear to be necessary, inasmuch
as the President, whose constitutional duty it was to give information
to Congress of the state of the Union, and who directed the armed force
of the nation, had not intimated his opinion of its necessity; and that
Congress might be sure, if he thought it necessary, he would not hesitate
to apprize them of it; that in adopting this provision of the bill the
House was acting altogether in the dark, as no estimates of the expense
had been furnished, and not even a committee appointed to examine either
the propriety or expense of the measure. It was alleged that it became
the Legislature, in the present posture of the national finances, to
be uncommonly circumspect. New and heavy pecuniary obligations had
been incurred, and time alone could show whether the present resources
would be more than commensurate to meet them. That the Secretary of the
Treasury, at the opening of the session, had spoken of the competency
of our resources with a caution which ought to impress the House with
the necessity of exercising strict economy, unless disposed to vote new
taxes. To this point this measure manifestly tended, and it became those
who were hostile to new taxes, to hesitate before they adopted a measure
that promised to lead to it.
The motion was, on the other hand, opposed by Messrs. NICHOLSON, EUSTIS,
R. GRISWOLD, and HUGER. They observed that the bill under consideration
had received the sanction of the Senate, and it might be rationally
presumed that they had previously to its passage received satisfactory
proof of its necessity; that the first section authorized the sale of the
frigate General Greene, in the lieu whereof it was contemplated to build
or purchase two small ships; that this measure therefore constituted no
increase of the Navy beyond its present strength; that so far as related
to expense, whatever the temporary cost, arising from the building or
purchase might be, the permanent expense of two small vessels would be
greatly inferior to that of one large one; that the annual expense of a
forty-four gun frigate was $104,000, while that of a vessel of sixteen
guns was only $36,000; that with regard to the argument of gentlemen
drawn from a want of estimates, it was idle, as estimates had been
furnished at the last session, as the basis of adding four small vessels
for the Mediterranean service, which amounted to $96,000, which sum
appeared to be sufficient. If, therefore, four vessels cost $96,000, two
would not cost more than $50,000; that with regard to the necessity of
these ships, Congress were the proper and constitutional judges; that it
was their special duty to provide and maintain a navy, and to provide for
the common defence and general welfare of the United States; and that
the absolute dependence placed by gentlemen on Executive mandates was
unprecedented, anti-republican, and unconstitutional; that it became the
Legislature to judge for themselves as to the propriety of the measure;
that from the knowledge they possessed of the state of the country, and
the extended sphere of commerce, abundant evidence was presented of its
necessity. It was a fact well ascertained that, for Barbary warfare,
these small ships were eminently useful, and that service required
relief; for in case of a disaster occurring to one of our present small
vessels, it was proper to be provided with others that might promptly
make good the deficiency. That the acquisition of Louisiana would
undoubtedly require some naval force to ensure the collection of the
revenue in that quarter; and that the state of the West Indies absolutely
demanded an addition of some small vessels to protect our trade from
the barges that were fitted out by the brigands for the purposes of
depredation; that it was a fact that if the Executive, at this moment,
possessed one of these ships, it would be immediately sent to the West
Indies; that there were other important purposes for which these vessels
were wanted. The Government had frequent occasion to send special Envoys,
on points of vast importance, to the two great powers in Europe. Was it
then safe, or becoming the dignity of the nation, to send such characters
in a private merchantman, subject to the search or capture of any armed
vessel of Europe?
Before a question was taken on the motion to strike out the section,
Mr. JACKSON moved that the committee should rise. If they rose he would
oppose their having leave to sit again, with the intention of referring
the bill to the Committee of Commerce and Manufactures.
The committee agreed to rise--ayes 63.
Leave having been refused to them to sit again, Mr. J. RANDOLPH moved
that a committee be appointed to inquire whether any, and what, further
additions may be necessary to the Naval Establishment of the United
States,
Mr. ALSTON moved to amend the motion by striking out “a committee be
appointed,” and inserting “the Committee of Commerce and Manufactures be
instructed.” Messrs. ALSTON, NICHOLSON, and EUSTIS supported, and Mr. J.
RANDOLPH opposed this amendment. Carried--yeas 51, nays 46.
The motion thus amended was supported by Messrs. HUGER and ELMER, and
opposed by Messrs. VARNUM and SMILIE. Carried--yeas 57, nays 44.
Mr. JACKSON then moved the reference of the bill to the Committee of
Commerce and Manufactures. Agreed to without a division.
THURSDAY, January 5.
_Official Conduct of Judge Chase._
Mr. J. RANDOLPH said, that no people were more fully impressed with the
importance of preserving unpolluted the fountain of justice than the
citizens of these States. With this view the Constitution of the United
States, and of many of the States also, had rendered the magistrates who
decided judicially between the State and its offending citizens, and
between man and man, more independent than those of any other country
in the world, in the hope that every inducement whether of intimidation
or seduction which could cause them to swerve from the duty assigned
to them might be removed. But such was the frailty of human nature
that there was no precaution by which our integrity and honor could be
preserved, in case we were deficient in that duty which we owed to
ourselves. In consequence, sir, of this unfortunate condition of man,
we have been obliged, but yesterday, to prefer an accusation against a
judge of the United States who has been found wanting in his duty to
himself and his country. At the last session of Congress a gentleman from
Pennsylvania did, in his place, (on the bill to amend the Judicial system
of the United States,) state certain facts in relation to the official
conduct of an eminent judicial character, which I then thought, and
still think, the House bound to notice. But the lateness of the session
(for we had, if I mistake not, scarce a fortnight remaining) precluding
all possibility of bringing the subject to any efficient result, I did
not then think proper to take any steps in the business. Finding my
attention, however, thus drawn to a consideration of the character of
the officer in question, I made it my business, considering it my duty,
as well to myself as to those whom I represent, to investigate the
charges then made, and the official character of the judge, in general.
The result having convinced me that there exists ground of impeachment
against this officer, I demand an inquiry into his conduct, and therefore
submit to the House the following resolution:
_Resolved_, That a committee be appointed to inquire into the
official conduct of Samuel Chase, one of the Associate Justices
of the Supreme Court of the United States, and to report
their opinion whether the said Samuel Chase hath so acted in
his judicial capacity as to require the interposition of the
constitutional power of this House.
After the motion made by Mr. J. RANDOLPH had been read from the Chair,
Mr. MITCHILL said, before the question was taken, he should be glad,
from the novelty and serious nature of the proposed measure, to hear a
statement by his friend from Virginia of the reasons in detail on which
it was founded.
Mr. J. RANDOLPH observed, that when he was up before he had stated that
the gentleman from Pennsylvania (Mr. SMILIE) had, in his place, at the
last session of Congress, given a description of the official conduct
of the officer to whom the resolution referred, which he considered the
House bound to notice. It could not be conceived that the gentleman would
have laid before the House a statement, the facts of which were not
supported by his own knowledge, or by evidence on which he could place
the utmost reliance. He did not conceive this to be a time to decide
whether the information exhibited by the gentleman from Pennsylvania
was or was not correct. At present an inquiry alone was proposed. If
it should be made, it must result either that the conduct of the judge
would be found to be such as not to warrant any further proceedings on
the part of the House, or such as would require the interposition of that
authority, which, as the immediate representatives of the people, they
alone possessed. If on inquiry the committee shall be persuaded that
the judge has not exceeded his duty, they will so report; if, on the
contrary, they find it such as to require the interposition of the House,
they will recommend that course of proceeding to which the House alone is
competent. With respect to the facts which had come to his knowledge, Mr.
R. said that they were such as he did not wish to state. He preferred its
being done by witnesses, who were most competent to do it correctly.
Mr. ELLIOT said, I am as deeply convinced as the gentleman from Virginia
that the streams of justice should be preserved pure and unsullied. I
am also sensible that the Judicial Department ought to attach to itself
a degree of independence. I am of opinion that this House possesses no
censorial power over the Judicial Department generally, or over any judge
in particular. They have alone the power of impeaching them; and when
a judge shall be charged with flagrant misconduct, and when facts are
stated which shall induce them to believe those charges true, I shall
be at all times prepared to carry the provisions of the constitution
into effect, in virtue of which great transgressors are punishable for
their crimes. The basis of this resolution is, that a gentleman from
Pennsylvania, at the last session, stated that the judge named in it
had been guilty of improper conduct. Of these charges I am uninformed,
and every new member must be uninformed. It is astonishing to me that
we are called upon to vote for an inquiry into the character of a judge
without any facts being adduced to show that such an inquiry should be
made. If the resolution pass in its present form, it appears to me that
we shall thereby pass a vote of censure on this judge, which neither the
constitution nor laws authorize. If the judge be guilty, I should suppose
the first step proper to be taken would be for some person aggrieved,
or for members having personal knowledge, to exhibit facts on which the
House may act. I can never consent, because the gentleman from Virginia,
or any other gentleman, says that there are facts which have come to his
knowledge that induce him to think an inquiry ought to be instituted,
to vote for it, unless those facts are first stated. I can never agree
to any act which shall in this manner, without the exhibition of proof,
impose censure or suspicion on a judge. This course may be perfectly
Parliamentary; but it strikes me as altogether unprecedented. I shall,
therefore, until some facts are adduced, resist every attempt to impose a
censure upon the conduct of any public officer.