[44] With this agreed the practice of all the free States at
that time, and the laws of several of them--as New York and
Pennsylvania--in the former of which nine months, and in the latter
six months, was allowed to the sojourner and traveller to depart
with his slave, with the alternative of taking the character of a
resident if he remains longer, and thereby subjecting his slave to
the emancipation laws of the State.
[45] The bill was passed through the House with only five
dissenting votes, and through the Senate with nearly equal
unanimity. The following is a copy of the act:
That, from and after the thirtieth day of June next, the
act, entitled “An act laying an additional duty on salt
imported into the United States, and for other purposes,”
passed the eighth day of July, one thousand seven hundred and
ninety-seven, shall be, and the same hereby is, repealed, and
that, from and after the thirty-first day of December next, so
much of any act as lays a duty on imported salt be, and the
same hereby is, repealed; and, from and after the day last
aforesaid, salt shall be imported into the United States free
of duty: _Provided_, That for the recovery and receipt of
such duties as shall have accrued, and on the days aforesaid,
respectively, remain outstanding, and for the recovery and
distribution of fines, penalties, and forfeitures, and the
remission thereof, which shall have been incurred before and on
the said days, respectively, the provisions of the aforesaid
act shall remain in full force and virtue.
SEC. 2. _And be it further enacted_, That, from and after the
first day of January next, so much of any act as allows a
bounty on exported salt, provisions and pickled fish, in lieu
of drawback of the duties on the salt employed in curing the
same, and so much of any act as makes allowance to the owners
and crews of fishing vessels, in lieu of drawback of the duties
paid on the salt used by the same, shall be, and the same
hereby is, repealed: _Provided_, That the provisions of the
aforesaid acts shall remain in full force and virtue for the
payment of the bounties or allowances incurred or payable on
the first day of January next.
☞ Throughout the entire debate on the bill, there was not a word of
objection to the bounties and allowances falling with the salt tax.
[46] The motion to “reject” a bill is one of indignity to it. It is
equivalent to declaring that it is unworthy of consideration, and
therefore to be driven out of the House on learning what it is from
the first reading, (which is only for information,) without going
to the second reading, which is for consideration.
[47] Only five dissentients, and they both from free and slave
States, and dissenting upon matters of detail. So that the
prohibition of the trade itself may be considered unanimous.
[48] The bill from the Senate to suspend the privilege of the
writ of _habeas corpus_ had been rejected in the House, and this
movement was for the better securing the privilege in future.
Although prospective in its terms and object, the debate upon it
was chiefly retrospective, looking back to the arrest of persons
in New Orleans as accomplices of Burr; and thus possesses a double
interest, as connecting itself with history while discussing a
question of the greatest interest to the liberty of the citizen.
[49] This alludes to the early conspiracy to separate Kentucky from
the Union, while the Spaniards held the mouth of the Mississippi,
and, with it, a check upon the exports of the West. The conspiracy
existed--the Spanish Governor General at New Orleans, and some
leading citizens of Kentucky, the parties. Spanish money was paid
to some of these citizens--some were even stipendiaries, receiving
annual sums for their treacherous service to Spain. General
Wilkinson had the misfortune to be implicated in this conspiracy,
but the proof of it was never made out.
[50] He had been tried at Richmond, Va., (Chief Justice Marshall
presiding,) on two indictments--one, for high treason, in levying
war against the United States; the other, for a misdemeanor in
setting on foot, within the United States, a military expedition
against a power with whom the United States were at peace,
_to wit_, Spain; and had been acquitted on both trials, under
instructions from the Court. First. That the acts proved under
the treason indictment, did not amount to levying war against the
United States. Second. That the military expedition against Spain
was set on foot in Ohio, and not in Virginia, and therefore not
triable in Virginia. Col. Burr was recognized to appear and answer
to this charge in Ohio, but forfeited the recognizance, and the
United States for many years.
[51] It was dated 29th July.
[52] Joseph Hamilton Daviess, of Kentucky, the able lawyer,
brilliant pleader, and ardent patriot, killed at Tippecanoe at the
head of a night charge upon the Indians.
[53] YEAS.--Messrs. Adams, Anderson, Bradley, Breckenridge, Brown,
Cocke, Condit, Dayton, Gaillard, Jackson, Mitchill, Moore, Smith
of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont,
White, and Wright--18.
NAYS.--Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland,
Logan, Maclay, Olcott, Pickering, Plumer, Stone, Sumter, and
Worthington--13.
[54] In consequence of this vote Mr. Smith withdrew from the
Senate, and resigned his place in a letter (affirming and arguing
his innocence) to the Governor of Ohio.
[55] This contested election, as involving a point of
constitutional law, to wit, whether a State Legislature can
add to, or diminish, the representative qualifications which
the constitution prescribes? rises above a question between
individuals, and becomes an exception to the general rule of this
abridgment, to omit reports, debates, and proceedings on contested
elections. The report of the committee, after extended debate, was
agreed to by the House, almost unanimously--89 to 18.
[56] This is a sensible speech, and its recommendations have
since been adopted in practice by all the States, except in the
classification of the militia and the estimate of volunteers.
Experience--that of the war of 1812, and the late war with
Mexico--has since proved that volunteers may be relied upon for all
_active_ service in the United States, either at home or abroad;
and that, with the facilities of railroad transportation, such
accumulated masses may be thrown upon any point as to crush any
invading force. In fact, with railroads and volunteers, the idea of
invasion has become obsolete, and the word never mentioned except
from habit and past associations.