A
_Act, Embargo, the_, 641.
ADAIR, JOHN, Senator from Kentucky, 348; on British aggressions
on our commerce, 358.
ADAMS, JOHN QUINCY, Senator from Massachusetts, 6, 163,
345, 485, 547; for the issue of stock for the purchase of
Louisiana, 18; on the amendment to the constitution relative
to the election of President, 25; opposes removal of seat of
Government, 46, 47; on suspending intercourse with St. Domingo,
349; on the bill to prevent the abuse of the privileges of
foreign ministers, 364; on the bill for the relief of the
ex-Bashaw of Tripoli, 372; on order of proceedings in the case
of John Smith, 554; on the expulsion of Senator John Smith,
573; on amendment to the constitution relative to the removal
of the Federal Judges, 607.
_Address of Senate and House_, in answer to President’s
Messages.--_See Index_, vols. 1 and 2.
_Admirals in the Navy._--_See Index_, vol. 2.
_Admissions on the Floor of the Senate_, considered, 39.
_African Slavery_, petition of Thomas Morris relative to, 166.
_See Index_, vols. 1 and 2.
_African Slaves._--_See Index_, vols. 1 and 2.
ALEXANDER, EVAN, Representative from North Carolina, 413, 613.
ALEXANDER, NATHANIEL, Representative from North Carolina, 50,
297.
_Algerine War._--_See Index_, vol. 1.
_Alien and Sedition Laws._--_See Index_, vol. 2, _Seditious
Practices and Defensive Measures_.
_Allegiance, Foreign._--_See Index_, vol. 1.
ALSTON, WILLIS, jr., Representative from North Carolina, 50,
285, 377, 493, 613; on the postponement of the bill to tax
imported slaves, 141; on laying a duty on imported slaves,
387; on the payment of witnesses on the trial of Chase, 410;
on importations from Great Britain, 464; on a plurality of
offices in the same person, 468; on conference with the Senate
relative to a repeal of the duties on salt, 482, 484; on the
appropriation to build gunboats, 518; on securing the privilege
of the habeas corpus, 533; on British aggressions, 617; on
inquiring into the conduct of General Wilkinson, 645. _See
Index_, vol. 2.
ALSTON, LEMUEL J., jr., Representative from South Carolina, 613.
_Amendment to the Constitution._--Proposed in the Senate,
6; necessity of designating the persons severally, whom the
people should wish to hold the offices of President and Vice
President, 6; strongly recommended by State Legislatures, 6;
_note_, 6; are three readings of a resolution required by
the rules of the Senate? 6; opinions of Senators asked, 7;
resolutions requiring the joint action of both Houses required
to take the same course as bills, 7; this resolution proposes
an alteration of the supreme law of the land, 7; amendments
offered to the form and substance of the resolution, requiring
a majority of votes of electors necessary to a choice of
Vice President, and when wanting, referring his election to
the Senate, 7; amendment proposed, that no person serve more
than eight years, or more than four in any period of eight
years, 7; moved to refer to a select committee, 7; subject too
important to be hurried, 7; the business should be immediately
proceeded with, 7; amendments carried and resolution referred,
7; committee report, 7; moved to strike out all relating to the
appointment of Vice President, 7; object of the mover to put
off the main question, 8; custom of some to arraign motives
instead of meeting arguments, 8; charge of arraigning motives
totally unfounded, 8; if this motion is considered it may
jeopard the amendment for discrimination, as two-thirds of the
State Legislatures will be in session in two or three months,
8; postponement moved, 8; lost, 8; report of the committee
further considered, 21; question of order raised relative to
a two-thirds vote, 21; motion to strike out all relating to
the Vice President, lost, 21; various amendments adopted, 21;
discussion on limiting the choice for President to natural-born
citizens, 21; discussion on limiting the number from which
the House shall choose a President, to three, 22; a point of
importance to the small States, 22; the small States have no
reason for any apprehension, 22; the number five desirable,
22; design of the constitution to secure a competition to the
aspirant for the office, 23; this general amendment of the
constitution unnecessary, 23; present mode may be the source
of great good, 23; amendment read, 23; the Vice President
should be chosen by the same ratio of numbers as the President,
23; he may by some casualty become President, 23; adopt the
designating principle without some precautions, and you lose
the assurance that the Vice President will be the second man
in the nation, 24; if we designate any, then designate both
President and Vice President, and on equal terms, 24; the
number three is large enough, if the candidates are designated,
24; is not the constitution susceptible of correction under
experience? 24; reason for adopting the number three instead
of five, 25; this is really a question between great and small
States, 25; in the old Congress the States were all equal, 25;
the amendment calculated to produce more good than evil, 25;
by reducing the number do you not attack the principles of
the federative compact? 26; object of the amendment to make
the election more certain by the people, by leaving it to
them to designate the persons they preferred for each office,
26; the jealousy of States is nothing but the leaven of the
old Congress, 26; why is no regard paid to the experience of
the last election? 27; the most effectual mode to keep the
selection out of the House is to fix it on the number three,
27; three conforms more to the spirit of the constitution than
five, 27; the number three adopted, 27; reasons for opposing
this amendment of the constitution, 27; the constitution bears
marks of having been issued under the influence of State
classifications, 27; effect of this amendment when two rival
parties are arrayed against each other, 28; what inconvenience
is there in the present mode? 28; the experiment has worked
well, 28; importance of the Vice Presidency, 28; operation of
the designating principle examined, 29; how amendments must
be made, 29; this amendment affects the relative interest
and importance of the smaller States, 30; it has a tendency
to render the Vice Presidency less respectable, 30; the
resolution contains principles which have a manifest tendency
to deprive the small States of an important right, secured
to them by a solemn and constitutional compact, and to vest
an overwhelming power in the great States, 30; imperfections
of man, 30; attempt to excite the attention, the vigilance,
and even the jealousy of the small States, against the large,
31; constitution examined to place in its proper light the
operation and effects of the resolution, 31; Madison on the
mode of electing President, 32; what is the direct object
of the proposed alteration in the choice of President, 32;
intention of the plan adopted by the constitution for choosing
a President, 33; the opposition to this discriminating
amendment is condensed into a single stratagem, namely, an
effort to excite the passion of jealousy in various forms,
33; two principles sustain the constitution--a majority of
the people, and a majority of States, 34; these principles
considered, 34; view under which the amendment should be
considered, 34; is the amendment calculated or not to cause
the popular principle to operate perfectly, and to prevent the
abuse of an election by a minority, 35; does the amendment
afford cause of jealousy to the smaller States, 35; instance
of a government, the substance of the constitution of which
is destroyed, but the form remains unaltered, 35; solution of
this effect, 35; the design of the amendment is to bestow on
the majority a power to elect a Vice President, 36; question
carried, 37; not decided fairly, 37; two-thirds of the whole
number elected are required, 37; amendment as adopted, 37;
further amendment considered, 38; lost, 38.
_In the House_, report of the Committee considered, 58; evils
relative to the election of President and Vice President were
anticipated at the time of the adoption of the constitution,
58; amendment moved to the resolution, 58; true spirit
and principle of the constitution, through the organs of
government, to express public opinion, 58; the amendment
moved proposes to elect the President by the House, not by
States, 58; amendment misunderstood, 59; if any defect in the
constitution, that defect perhaps consists in a departure from
the plain and simple modes of an immediate election by the
people, 59; a legislative election should be restrained to the
smallest number, 59; the number should be five, instead of
three, 59; object of the amendment should be to prevent persons
voted for as Vice President from becoming President, 60; five
will allow to the smaller States a larger scope for choice,
60; two comes nearer to the principle of the constitution than
five, 60.
_Relative to the removal of Federal Judges_, resolutions
offered, 341; referred to Committee of the Whole, 341;
postponed to next session, 341; moved in the House, 413;
postponement moved, 414; reasons against postponement, 414;
an important means of bringing the administration back to
the principles on which it came into power, 414; _note_,
414; history of corruptions, 415; causes of the delay in the
business of the House, 415; a subject of last importance to
the peace and happiness of the United States, 415; part of the
constitution relating to the power of impeachment a nullity,
415; _note_, 415; reasons for postponement, 416; reasons
against postponement, 416; postponement indefinite lost, 417.
_Various amendments suggested._--State of the country at the
adoption of the constitution, 607; Federalist and Republican,
607; one of the errors of the constitution, 607; modes of
correction, 607; proposed to reduce the term of representatives
to one year, 608; term of senators to three years, 608;
President to be chosen by lot from the Senate, for one year,
609; objections considered, 609; advantages considered, 610.
_See_ _Index_, vol. 1.
AMY DARDIN’s _claim_, report on considered in the House, 82;
report not agreed to, 82; moved to grant the prayer of the
petitioner, 82; carried in committee, 82; amendment moved in
the House, 82; committee instructed to bring in a bill, 82;
motion to take up the bill, 85; move to postpone, in order
ultimately to test the sense of Congress on repealing the
statutes of limitation, 85; motion lost, 85; bill amended,
so as to allow $2,500 for the horse Romulus, 85; the $2,500
negatived, 85; $2,300 adopted, 85; bill ordered to third
reading, 85; bill lost, 85; petition of referred, 302; bill
reported and read twice, 340. _See_ _Index_, vols. 1 and 2.
ANDERSON, ISAAC, Representative from Pennsylvania, 50, 285,
377, 493.
ANDERSON, JOSEPH, Senator from Tennessee, 3, 165, 346, 547;
favors temporary removal of seat of government, 46; further
remarks, 47; elected President _pro tem._ of Senate, 169; on
British aggressions on our commerce, 356; on expelling Senator
John Smith, 598. _See_ _Index_, vol. 2.
_Appropriations, Naval_, bill making for the year 1806
considered in the House, 474; moved to strike out the words
“and other contingent expenses,” 474; _note_, 474; what objects
intended to be provided for under this term, 474; this bill
mere form, the money might be appropriated in the lump, 474;
expenditure the same, 474; motion to strike out, lost, 474;
annual expenditures for the navy, 475; further debate, 475;
bill ordered to third reading, 476; moved to recommit, 478;
passed, 478; importance of circumscribing contingencies, 478;
time to check this loose proceeding, 478; bill reported, 478.
_Appropriations._--_See_ _Index_, vols. 1 and 2.
ARCHER, JOHN, Representative from Maryland, 52, 285, 378. _See_
_Index_, vol. 2.
_Arms, exportation of_, amendments to bill relative to, 380.
ARMSTRONG, JOHN, Senator from New York, 38, 44.
_Army._--_See_ _Index_, vols. 1 and 2.
_Army Uniforms_, petition of Andrew Jackson relative to, 167.
B
BACON, EZEKIEL, Representative from Massachusetts, 614; on
inquiry into the conduct of Gen. Wilkinson, 648.
BAILEY, THEODORE, Senator from New York, 3; resigns his seat in
the Senate, 39. _See_ _Index_, vols. 1 and 2.
BALDWIN, ABRAHAM, Senator from Georgia, 3, 163, 345, 485. _See_
_Index_, vols. 1 and 2.
BALDWIN, SIMEON, Representative from Connecticut, 79, 286.
_Bank of the United States_, memorial of stockholders, 611.
_Bank of the United States._--_See_ _Index_, vol. 1.
_Bankrupt Act_, vote on the bill to repeal in Senate, 38; bill
to repeal, as passed by the Senate, 38.
_In House._--Resolution to repeal considered, 79; no
remonstrance hostile to it has been received, 79; law expires
by its own limitation in a few years, 79; principle unjust, as
it favors one class of citizens at the expense of all others,
79; the preferable system was that of the States extending
relief to insolvents, 79; its partial operation has a most
mischievous influence on the morals of the mercantile world,
79; the principle inequitable as regards debtor and creditor,
79; while justice and humanity dictates the liberation of
the body of the debtor, justice forbids the exoneration of
property from going to satisfy debts, 80; the principle of the
law, however good in theory, can never be carried into effect,
80; the expenses are an objection to the system, 80; _note_,
80; the honest, though unfortunate, debtor has nothing to fear
from his creditors, 80; the public silence indicates neither
hostility nor opposition, 80; true policy to suffer the act
to expire by its own limitation, 81; general sentiment of the
nation concurs in the propriety of affording some relief to
the distresses of the commercial world, 81; if the exoneration
of property from just debts is a violation of justice, this
does not hold in commercial concerns, 81; credit is the
life of trade, 81; the principles of a bankrupt law do not
operate in favor of the debtor, 81; such a system multiplies
checks against fraud, 81; one object of the constitution in
granting the power, was the establishment of credit upon broad
principles of justice, 81; report of committee agreed to, 82;
amendment extending the period of removal moved, 82; amendment
directing the completion of all proceedings under commissions
taken out previous to repeal, 82.
_Bankruptcy._--_See_ _Index_, vol. 2.
BARBARY POWERS, protection of commerce against, _see_ _Duties
on Imports_.
BARD, DAVID, Representative from Pennsylvania, 50, 285, 377,
493, 612; on a tax on imported slaves, 96; on the importation
of slaves, 130. _See_ _Index_, vol. 2.
BARKER, JOSIAH, Representative from Massachusetts, 377, 493,
612.
BARNEY, JOSHUA, report on petition of, 615.
BASSETT, BURWELL, Representative from Virginia, 377, 493, 613;
to prohibit members of Congress from making contracts with the
Government, 659.
BASSETT, JOHN, his testimony for the defence on the trial of
Judge Chase, 210.
BAYARD, JAMES A., Senator from Delaware, 165, 353, 487, 552; on
British aggressions on our commerce, 357. _See_ _Index_, vol. 2.
BEAUMARCHAIS, claim of petition relative to, 473; claim of
report on, 542.
BECKLEY, JOHN, chosen Clerk of the House, 51, 378. _See_
_Index_, vols. 1 and 2.
BEDINGER, GEORGE M., Representative from Kentucky, 50, 285,
378, 493; on a tax on imported slaves, 130, 132, 140.
BEDFORD, GUNNING, his testimony for the defence on the trial of
Judge Chase, 225.
BENTLEY, WM., appointed Chaplain by the House, 164.
BETTON, SILAS, Representative from New Hampshire, 50, 285, 377,
493.
BIBB, WILLIAM W., Representative from Georgia, 503, 613, on
home manufactures, 709.
BIDWELL, BARNABAS, Representative from Massachusetts, 377, 493;
offers a resolution to present a sword to Gen. Eaton, 380,
381; on the presentation of a sword to Gen. Eaton, 382; on
discharging committee from consideration of invasion of neutral
rights, 394; on a plurality of offices in the same person, 471;
on the importation of slaves, 494, 495, 497; on the suspension
of the Habeas Corpus, 510; on securing the privilege of the
Habeas Corpus, 525, 535.
_Bills_, in Senate, to authorize President to take possession
of territory ceded by France, 6; second reading of do., 7;
ordered to third reading, 8; passed, 8.
_Bills, Money._--_See_ _Index_, vol. 1.
BISHOP, PHANUEL, Representative from Massachusetts, 50, 287,
377, 497. _See_ _Index_, vol. 2.
BLACKLEDGE, WILLIAM, Representative from North Carolina, 50,
285, 613.
BLAKE, JOHN, jr., Representative from New York, 377, 493, 612.
BLOUNT, THOMAS, Representative from North Carolina, 378,
613; on post roads, 542; reports relative to the attack on
the Chesapeake, 616; further report relative to British
aggressions, 621; on building gunboats, 626, 628. _See_
_Index_, vols. 1 and 2.
BONAPARTE’s proclamation to the inhabitants of St. Domingo, 362.
BONDE, THOMAS, Representative from Pennsylvania. _See_ _Index_,
vol. 2.
_Boston, Mass._, memorial of inhabitants relative to
aggressions on commerce, 399.
BOYD, ADAM, Representative from New Jersey, 50, 285, 676; on
the retrocession of the District of Columbia, 308; on the
Georgia claims, 324.
BOYD, JAMES P., his testimony for the defence on the trial of
Judge Chase, 228.
BOYLE, JOHN, Representative from Kentucky, 50, 285, 380,
493; on the resolution relative to public roads, 84; on the
government of Louisiana, 148; reports relative to canal at the
Rapids of the Ohio, 465.
BRADLEY, STEPHEN E., Senator from Vermont, 3, 163, 345, 485,
547; offers amendments to the resolution relative to amendments
of the constitution, 7; moves to strike out part of the
proposed amendment to the constitution, 23; further remarks,
24. _See_ _Index_, vols. 1 and 2.
_Breach of Privilege._--_See_ _Index_, vol. 2.
BRECKENRIDGE, JOHN, Senator from Kentucky, 3, 165; gives notice
for leave to bring in a bill to authorize President to take
possession of territories ceded by France, 6; asks leave, 6;
reports on amendments of the House to Senate’s bill authorizing
the President to take possession of Louisiana, 8; on the merits
of the Louisiana treaty, 16. _See_ _Index_, vol. 2.
_Bribery._--_See_ _Index_, vol. 1.
BRICE, NICHOLAS, his testimony for the defence on the trial of
Judge Chase, 228.
_Bridge over the Potomac_, bill postponed, 374. _See_ _Potomac
Bridge_.
_British Aggressions on our Commerce_, message from the
President relative to, in Senate, 353; report of the committee
on the message considered, 355; first resolution passed, 355.
Second resolution relative to a demand for the restoration
of property, &c., and to make arrangements relative to the
impressment of seamen considered, 355; impropriety of agreeing
to the resolution arising from all the circumstances of the
case, 356; this resolution predicated on the principle of
the first, which passed unanimously, 356; language of the
resolution not too strong, 356; the principle of the resolution
considered, 357; the resolution shelters the Executive from
the responsibility which ought to attach to its measures, 357;
it demonstrates the union of the different branches of the
Government on the subject, 357; the resolution will bear the
character of advice to the President, 357; we should reflect
upon this step, 357; object of the resolution, 358; motion
to recommit to a special committee, 358; objections to the
resolution in its present shape, 358; motion to recommit lost,
358; it becomes the Senate to take stronger ground and adopt
vigorous measures before requesting the President to negotiate,
359; negotiation not exhausted, 359; two objections made to
the resolution, a censure upon the President, and a sacrifice
of the honor and interests of the United States, 359; these
considered, 359; resolution carried, 359.
Third resolution considered, 369; the first resolution is a
declaration of our neutral rights, the second requests the
President to send a special Minister to England, &c., the
third proposes to prohibit the importation of certain British
goods, unless redress is obtained, 369; it is designed to aid
negotiation, 369; Great Britain prohibits the importation of
our goods, and how can she regard this as a war measure? 369.
_In the House._--Resolution to call on the President for a
copy of his Proclamation interdicting our ports and harbors to
British armed vessels, 617; no necessity for the measure, 617;
it has been published in all the newspapers, 617; the former
practice, 617; this opposition to the motion unaccountable,
618; not contained in the report of the committee because it
was believed to be sufficiently official in the newspapers,
618; resolution adopted, 619; copy of Proclamation, 619; report
of committee on the report, 621.
_British Treaty_, deficiency in the appropriation to carry out
the seventh article, 287. _See_ _Index_, vol. 1.
BROOM, JAMES M., Representative from Delaware, 383, 493; on
laying a tax on imported slaves, 390; on securing the privilege
of the Habeas Corpus, 520, 526.
BROWN, JOHN, Senator from Kentucky, 3, 165; elected President
_pro tem._ of Senate, 3; on rules of the Senate relative to
separate readings of resolutions, 7; submits to Senate a
question of order, 21; elected President _pro tem._ of Senate,
41. _See_ _Index_, vols. 1 and 2.
BROWN, OBADIAH B., elected chaplain of the House, 614.
BROWN, ROBERT, Representative from Pennsylvania, 50, 286, 377,
493, 612. _See_ _Index_, vol. 2.
BRYAN, JOSEPH, Representative from Georgia, 79, 286, 379.
BURR, AARON, as Vice President presides in Senate, 38; Vice
President presides over the Senate, 163; franking privilege
denied, 168; farewell address to the Senate, 169; _note_, 170.
_See_ _Index_, vols. 1 and 2.
BURWELL, WILLIAM A., Representative from Virginia, 493, 613;
on rejection of the bill from the Senate suspending the Habeas
Corpus, 504; on securing the privilege of the Habeas Corpus,
522; on British aggressions, 618; on inquiry into the conduct
of General Wilkinson, 646; on naturalization laws, 659; on
suspension of the act of non-importation, 709.
BUTLER, PIERCE, Senator from South Carolina, 6; reports on
amendment to the constitution, 7; offers amendment to limit
eligibility to Presidency, 7; on the eligibility only of
natives to the Presidency, 21; resigns, 165. _See_ _Index_,
vol. 1.
BUTLER, WILLIAM, Representative from South Carolina, 51, 207,
378, 493, 613.
C
CALHOUN, JOSEPH, Representative from South Carolina, 613.
CAMPBELL, GEORGE W., Representative from Tennessee, 51, 285,
378, 613; on the amendment to the constitution relative to the
election of President, 58, 60; on postage on newspapers, 78; on
the resolution relative to public roads, 83; on the resolution
to inquire into the official conduct of Judge Chase, 94; on the
government of Louisiana, 152; continues the argument for the
prosecution on the trial of Judge Chase, 232; on improving the
navigation of the Potomac, 291; on the establishment of post
roads, 338; on importations from Great Britain, 451; on the
appropriation to build gunboats, 517; on securing the privilege
of the Habeas Corpus, 531; on fortifications and gunboats, 638;
on removal of the federal judges, 675; on suspension of the
embargo act, 677; on suspension of the act, 693.
CAMPBELL, JOHN, Representative from Maryland, 50, 286, 377,
493, 612. _See_ _Index_, vol. 2.
CARLTON, PETER, Representative from New Hampshire, 612.
CARONDELET, his letter relative to money for General Wilkinson,
642.
CASEY, LEVI, Representative from South Carolina, 51, 287, 378,
494; decease announced, 491, 515.
_Census of the Union._--_See_ _Index_, vol. 1.
CHAMBERLAIN, WILLIAM, Representative from Vermont, 50, 285.
CHAMPION, EPAPHRODITUS, Representative from Connecticut, 612.
CHANDLER, JOHN, Representative from Massachusetts, 377, 493,
612; on importations from Great Britain, 462; on building
gunboats, 627; on inquiry into the conduct of General
Wilkinson, 645.
_Charitable objects._--_See_ _Index_, vol. 1.
_Charlestown, Virginia_, petition of inhabitants for a port of
entry, 407; report of committee of commerce, 409; facts in the
case, 409; report agreed to, 409.
CHASE, JUDGE, _official conduct of_ considered in the House,
88; no people have such a sense of the importance of preserving
unpolluted the fountains of justice as citizens of the United
States, 88; hence the independence of the judges under the
constitution, 88; resolution offered to appoint a committee to
inquire into the official conduct of Samuel Chase, and whether
he has so acted in his judicial capacity as to require the
interposition of the constitutional power of the House, 89;
called upon to vote an inquiry into the conduct of a judge
without any facts being adduced to show that such an inquiry
should be made, 89; to adopt the resolution in its present
form would be a vote of censure on the Judge, 89; parties
aggrieved, or members cognizant of the facts, should bring
up the measure, 89; statement of facts made at last session,
89; occasion of that statement, 90; a statement of the facts
occurring in Pennsylvania, 90; this is the first instance
in which a motion to appoint a committee of inquiry into
the official conduct of a public officer has been opposed,
90; this House the constitutional guardians of the morality
of the judiciary, 90; character of the Judge involved by
this discussion, 90; the conviction of any one member of
the propriety of this measure cannot warrant the House in
taking this step, 90; the statement of facts is not founded
on personal knowledge, 91; hearsay should never be the ground
for instituting an inquiry, 91; action should be delayed until
such facts are disclosed as will justify the step, 91; the
propriety of the inquiry cannot be seen without evidence, and
what is the object of the inquiry but to obtain evidence, 91;
if the inquiry cannot be had without the evidence, both must
be dropped, 91; no impropriety in giving the case the same
direction as all other business of the House, 91; it does not
appear correct to call the character of a public officer in
question, unless some necessity should first appear, 92; no
precedents adduced which apply to this case, 92; case of Judge
Pickering, 92; the course proposed inverts the natural order of
things, being an inquiry for and not out of facts, 92; facts
stated not sufficient for impeachment, 93; the grounds should
be stated in the form of a resolution, and such resolution be
referred to a committee for investigation, 93; we have the
same right to impeach the President, yet it would be improper
without facts, 93; question of adjournment moved and lost,
93; postponement desired, to afford time for reflection, 94;
we should proceed cautiously in this matter, 94; before the
vote for an inquiry there should be probable grounds that
facts exist to authorize such a procedure, 94; improper to go
into such an inquiry before specific charges are laid before
the House, 94; reasons for proceeding in what is termed so
precipitate a manner, 95; all objections are applicable to a
motion for impeachment only, 95; committee rose, 95; amendment
moved to insert also the name of Judge Richard Peters in the
resolution, 96; only a committee is asked to receive evidence,
and determine whether it affords grounds for an impeachment,
96; no way more favorable to the person implicated, 96; on
the request of a member for a committee of inquiry, that
measure ought to be adopted, 96; precedents are not necessary;
reason and common sense are all that is necessary to guide to
a decision, 97; British annals are full, 97; case of the Earl
of Strafford, 97; it is notorious that Fries was tried for his
life without being heard, 97; Peters equally guilty with Judge
Chase--amendment carried, 98; let the facts be laid before the
House, 98; otherwise we shall legislate on the opinion of a
member, 98; men of talents will not take seats on the bench,
if their character is liable to be scrutinized without any
facts being previously adduced, 98; any member may procure an
investigating committee if this resolution pass, 98; under
the circumstances, the measure is improper in every point
of view, 99; arguments of the opposition turn on the ground
of expediency and precedent, 99; its expediency argued, 99;
precedents considered, 99; resolution objected to because of
the indelicacy of implicating the character of a judge, 100;
all independence has its limits, 101; is not this House under a
solemn oath for the faithful discharge of this and every other
duty, 101; other objections considered, 102; reasons for every
member to vote for the resolution, 102; this House is the grand
inquest of the nation, whose duty it is to inquire, on a proper
representation, into the conduct of every officer, 103; it is
the duty of a grand jury to inquire who is guilty, 103; in
England common report has been considered sufficient authority
for similar inquiries, 103; not necessary that the House should
be acquainted with any facts to make this inquiry, 103; the
accused should have an opportunity to prove to the world that
his character has been assailed without cause, 104; what will a
committee do, 104; it operates in the nature of an inquisition,
104; let us first ascertain if there is sufficient grounds for
an impeachment, 104; when did this case occur, 104; why has it
rested so long, 104; it is not of the serious nature contended,
104; precedents do not warrant this form of proceeding, 105; so
important is this matter that the conduct of any officer should
be inquired into on the demand of a member, 105; the offence
charged is such as will warrant impeachment, 105; is the
present proceeding conformable to principle? 105; a charge has
been made against Judge Chase, 107; precedents examined, 107; a
more anti-republican resolution not seen, 108; unprecedented,
unparliamentary, 108; information on the matter extremely
contradictory, 109; precedents examined, 109; resemblance to
a grand inquest, 110; proceedings in North Carolina, 110;
difference between the friends and opponents of the resolution,
111; form of a resolution offered, 111; objections and personal
allusions examined and answered, 112; is the denial to the
prisoner and the jury of the right of having the point of law
discussed nothing? 113; is treason better defined than murder?
113; should an incipient inquiry be confined by the same rules
which govern a criminal trial? 113; cases of precedent offered,
113; the House is vested with the sole power of impeachment;
how it is to be exercised must depend on its discretion, 114;
what does the resolution demand of us? 114; if gentlemen are
in possession of facts, let them declare them, 114; let the
instances of malfeasance of these judges be specified, 115;
what public character will be safe, if this resolution is
adopted on the request of a single member? 115; observations
of the opponents are incorrect; the resolution is to inquire,
not to impeach, 115; the duty of the committee will be to
inquire into the official conduct of a certain public officer,
115; if there is no ground for impeachment, the character of
the officer should be vindicated, 115; no justification in the
constitution on which to ground a refusal to inquire, 115;
various objections considered, 116; precedents for the judgment
in Fries’ case, 116; no facts have been shown, 116; the inquiry
is an act of justice due to the people of the United States
on the one hand, and to the officers on the other, 117; all
the difference possible between an inquiry and an impeachment,
117; analogy between the functions of this House and a Grand
Jury correct, 117; the reputation of the Government demands
the inquiry, 117; it is not the examination, but the result of
the examination, that attaches merit or demerit to a public
officer, 118; a full inquiry into the conduct of public
officers should be cherished with great care, 118; in this case
a specific charge has been made, 118; authorities from foreign
nations adduced, 118; the case of the Western Insurrection,
119; the precedents adduced, examined, 120; committee of
investigation of the last Congress, 120; this resolution points
to two particular officers as objects of suspicion, 121; if
charges were specified, a member, on moving the resolution,
might demand an inquiry, 121; others have their convictions as
well as the mover of the resolution, 121; common fame no ground
on which to support such a resolution, 122; on the broad basis
of universal right, the resolution is condemned, 122; reason
why the charge is of a serious nature, 123; amendment moved,
123; moved to strike out amendment and insert other words, 124;
motion to strike out agreed to, 124; motion to insert carried,
124; question on agreeing to the amendment as amended, lost,
124; original resolution carried, 124; committee appointed,
125; report of the committee, 161; ordered printed for the use
of the members, 161; report, 174.
_Trial of Judge Chase._--_Note_, 173; report of committee in
favor of impeachment adopted, 174; committee appointed to
impeach Judge Chase at the bar of the Senate, 174; committee
to prepare articles of impeachment, 174; do. considered, 175;
managers to conduct the impeachment appointed, 175; proceedings
in the Senate, 175; rules of proceeding adopted by the Senate,
175; preliminary proceedings, 177, 178; answer of Judge Chase,
178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189,
190, 191; replication by the House of Representatives, 191;
names of the witnesses, 191, 192.
Impeachment opened, 192; it is for a daring inroad upon the
criminal jurisprudence of the country, by delivering an
opinion, at a time and in a manner before unheard of and
unknown, that the respondent is impeached, 192; the soundness
of the opinion is offered as a defence, 193; this was a
criminal trial for a capital offence, 193; answer of respondent
on this point examined, 193, 194; the second article is
the case of Basset, whose objection to serve on a jury was
overruled by the judge, 194; the same exception to a juryman,
which would furnish ground for a new trial, ought to be a cause
of setting aside such juror, if it be taken previous to his
being sworn 195; third, the rejection of the evidence of John
Taylor, 195; is it not an unheard-of practice, in a criminal
prosecution, to declare testimony inadmissible because it is
not expected to go to the entire exculpation of the prisoner?
195; fourth, requiring the questions intended to be put to the
witness to be reduced to writing, and submitted to the Court,
in the first instance, 196; refusal to postpone the trial,
although an affidavit was regularly filed, stating the absence
of material witnesses, 196; fifth, arresting and committing
the defendant contrary to law, 196; other articles stated,
197; testimony of William Lewis, 198; testimony of Alexander
J. Dallas, 199; testimony of Henry Tilghman, 201; testimony of
Wm. Rawle, 202; testimony of George Hay, 204; testimony of John
Taylor, 207; testimony of Philip N. Nicholas, 207; testimony of
John T. Mason, 209; testimony of John Heath, 210; testimony of
James Triplett, 210; testimony of John Basset, 210; testimony
of George Read, 211; testimony of James Lea, 212; testimony
of John Montgomery, 213; testimony of Samuel H. Smith, 214;
testimony of John Stephen, 214; documents offered in evidence,
215.
Opening for the defence, 215; statement of the points to which
testimony will be directed, 215; first, that the opinion was
not only legal, but had been twice expressly decided, and once
admitted, in the same court, and had before that trial been
laid down as a general principle of law, 215; second, that the
nature of Basset’s application has been wholly misunderstood by
the witnesses on the part of the prosecution, 216; other points
stated, 216; fifth and sixth, that by a rule solemnly made by
the Supreme Court, that they never considered the State laws
as regulating _process_, &c., 216; other points stated, 216;
testimony of Samuel Ewing, 217; testimony of Edward J. Coale,
217; testimony of William Meredith, 217; testimony of Luther
Martin, 218; testimony of James Winchester, 219; testimony of
William Marshall, 219; testimony of David M. Randolph, 221;
testimony of John Marshall, 222; testimony of Edmund J. Lee,
224; testimony of Robert Gamble, 224; testimony of Philip
Gooch, 224; testimony of Gunning Bedford, 225; testimony of
Nicholas Vandyke, 226; testimony of Archibald Hamilton, 226;
testimony of Samuel Moore, 226; testimony of William H. Winder,
227; testimony of James Winchester, 227; testimony of Walter
Dorsey, 227; testimony of John Purviance, 228; testimony of
Nicholas Brice, 228; testimony of James P. Boyd, 228; testimony
of William McMechin, 228; testimony of William S. Govane,
228; testimony of William Cranch, 229; argument begun by Mr.
Early, on the part of the Managers, 229; remarks upon the
first article of the impeachment, 229, 230; do. on the second,
third, and fourth articles of the impeachment, 231; remarks on
the sixth and seventh articles of the impeachment, 232; do.
on the eighth article, 232; argument continued for the House,
by Mr. Campbell, 232; provisions of the constitution relative
to impeachments--their precise object and extent, so far as
relates to the present case, 233; the several charges founded
on the trial of Callender, stated in the second, third, and
fourth articles of impeachment examined, 234; disqualification
of a juror, 234; argument continued by Mr. Cloud, on the fifth
and sixth articles of the impeachment, 236; the practice of the
Federal Courts, 236.
Argument for the defence opened by Mr. Hopkinson, 236; the
first proper object of inquiry is to ascertain, with proper
precision, what acts or offences of a public officer are the
objects of impeachment, 237, 238; first article examined, 240;
second specification of first article examined, 242; argument
for the defence continued by Mr. Key, on the second, third,
and fourth articles of the impeachment, 244, 245, 246, 247,
248; argument for the defence continued by Mr. Lee, on the
fifth article, 248; do. on the sixth article, 249; argument
for the defence continued by Mr. Martin, 250; general review
of the case, 251, 252, 253, 254, 255, 256, 257; argument for
the defence continued by Mr. Harper, 258; political position of
the defendant, 258; general review of the first six articles of
impeachment, and an examination of the law and the facts, under
the seventh and eighth articles, 260.
Reply for the prosecution continued by Mr. Nicholson, 261-262;
to sustain an impeachment it is not necessary to show that
the offences charged are of such a nature as to subject the
party to indictment, 263; words “good behavior,” 263; treason
examined, 264; reply further continued for the prosecution, by
Mr. Rodney, 267, 268, 269, 270, 271, 272, 273; reply for the
prosecution concluded by Mr. Randolph, 274; the doctrine of
impeachment, 274.
Manner of taking the judgment of the Court, 281; opinion of
each Senator taken on each article, 282, 283; acquittal of
Judge Chase, 284.
_Chesapeake Frigate_, attack on, 614; report on, 616.
_Chesapeake and Delaware Canal._--Report of committee on, 418.
CHITTENDEN, MARTIN, Representative from Vermont, 50, 285, 377,
493, 612.
_Church in Georgetown._--Bill to incorporate Presbyterian
society considered in the House, 408; moved to strike out the
section authorizing a lottery for finishing the building, 408;
objected to as authorizing public gambling, 408; ecclesiastical
corporations, object of hatred, 408; no objection to such an
act, 408; no incorporation among Quakers, 408; Quakers think no
money ought to assist them in their passage to heaven--others
think money employed to the best advantage in this way, 408;
in a moral, political and religious view, these acts highly
necessary, 408; such an application never refused in a State,
408; bill passed, 409.
_Circuit Courts in Ohio and Tennessee_, bill relative to, 519.
CLAGGETT, CLIFTON, Representative from New Hampshire, 50, 285.
CLAIBORNE, JOHN, Representative from Virginia, 377, 493.
CLAIBORNE, THOMAS, Representative from Virginia, 50, 285. _See_
_Index_, vols. 1 and 2.
CLARK, CHRISTOPHER, Representative from Virginia, 285, 384;
on improving the navigation of the Potomac, 294, 297; on the
retrocession of the District of Columbia, 310; on the Georgia
Claims, 324; on the importation of slaves, 386; on laying a
tax on imported slaves, 388; on incorporating a church in
Georgetown, 408; on postponing the resolution for amending the
constitution, relative to the removal of Federal judges, 413;
on amendment of the constitution, relative to the removal of
Federal judges, 416; on importations from Great Britain, 442.
CLARK, DANIEL, delegate from Orleans Territory, 493, 640;
refuses information relative to Gen. Wilkinson, 644; his
statement relative to Gen. Wilkinson, 646.
_Classification of the Senators of Ohio_, 38.
CLAXTON, THOMAS, chosen doorkeeper of the House, 378. _See_
_Index_, vol. 1.
CLAY, HENRY, Senator from Kentucky, 487.
CLAY, JOSEPH, Representative from Pennsylvania, 50, 285, 377,
493, 615; on the amendment to the constitution, relative to
the election of President, 59; on the motion to inquire into
the official conduct of Judge Chase, 90; on the increase of
specific duties, 158; offers a resolution to present a sword to
Com. Decatur, 286; on the remission of duties on books, 289; on
the Georgia Claims, 337; offers resolutions of non-intercourse
with Great Britain, 400; on importations from Great Britain,
421; on a plurality of offices in the same person, 472; on
naval appropriations, 478; on repeal of the duty on salt, 481;
on securing the privilege of the Habeas Corpus, 540.
CLAY, MATTHEW, Representative from Virginia, 50, 287, 383, 613;
on organizing the militia of the United States, 659. _See_
_Index_, vol. 2.
CLINTON, DEWITT, Senator from New York, 3; moves amendment to
the constitution, 6; _note_, 6; on rules of Senate, relative to
separate readings of resolutions, 6; denies charge of Dayton,
relative to arraigning motives, 8; in favor of amendment
reported, relative to Vice President, 8; resigns his seat in
the Senate, 20.
Clinton, George, elected Vice President, 168; presides in
Senate as Vice President, 349, 485, 547. _See_ _Index_, vols. 1
and 2.
CLINTON, GEORGE, jun., Representative from New York, 340, 494,
676; presents the petition of the Manhattan Co., 497.
CLOPTON, JOHN, Representative from Virginia, 51, 286, 377, 493,
613; on the amendment to the constitution, relative to the
election of President, 59. _See_ _Index_, vols. 1 and 2.
COALE, EDWARD J., his testimony for the defence, on the trial
of Judge Chase, 217.
_Coast Survey_, resolution relative to, 494.
COBB, HOWELL, Representative from Georgia, 613.
COCKE, WILLIAM, Senator from Tennessee, 3, 165; opposes removal
of seat of government, 46. _See_ _Index_, vols. 1 and 2.
_Cod Fisheries._--_See_ _Index_, vols. 1. and 2.
_Commerce of United States._--_See_ _Index_, vols. 1 and 2.
_Committee of Senate_ to wait on President, 4; on resolutions
relative to amendments of the constitution, 7; on act relative
to the importation of slaves, 39; of House to inquire into
the official conduct of Judges Chase and Peters, 174; report
of do., 174; to prepare articles of impeachment against Judge
Chase, 174; to conduct the trial, 175; of the House, second
session, eighth Congress, 285.
_Compensation of President, Vice President, and other
Officers._--_See_ _Index_, vols. 1 and 2.
CONDIT, JOHN, Senator from New Jersey, 3, 20, 163, 345, 485,
547. _See_ _Index_, vol. 2.
_Congress._--First session of eighth, Oct. 17, 1803, 3; extra
session, Oct. 17, 1803, 3; second session of eighth commenced,
163; adjourned, 343; third session of eighth adjourns, 344;
first session of ninth commences, 345; adjournment of the
first session of ninth, 484; commencement of second session
of ninth, 485; adjournment of second session, ninth Congress,
546; commencement of first session of tenth Congress, 547;
adjournment of first session, tenth Congress, 710.
_Connecticut_, vote for President, 168.
CONRAD, FREDERICK, Representative from Pennsylvania, 50, 285,
377, 493; on the application of the Society of Harmony, 404; on
naval appropriations, 478.
_Contested Election_ of Thomas Lewis, report on, 143; in
Maryland, report on, 615; _note_, 615.
_Contested Elections._--_See_ _Index_, vol. 1.
_Contingent Fund_, message relative to, 39.
_Contingent Expenses_, resolution relative to, 388. _See_
_Index_, vol. 2.
_Contracts, Government_, _note_, 337; resolution relative to,
659.
COOK, ORCHARD, Representative from Massachusetts, 377, 493,
612; on fortifications and gunboats, 628, 630.
COVINGTON, LEONARD, Representative from Maryland, 377, 494.
CRANCH, WILLIAM, his testimony for the defence on the trial of
Judge Chase, 229.
CRAWFORD, WILLIAM H., Senator from Georgia, 551; on expelling
Senator John Smith, 604.
CROWNINSHIELD, JACOB, Representative from Massachusetts, 50,
285, 377, 493, 615; in favor of the resolution to carry the
Louisiana treaty into effect, 67; on the protection of seamen,
314; on discharging the committee from consideration of
invasion of neutral rights, 394; on the importation of slaves,
401; on the West India trade, 403; on making Charlestown,
Virginia, a port of entry, 409; on importations from Great
Britain, 422; on reference of the petition of the Manhattan
company, 497; on British aggressions, 617, 618; on building
gunboats, 626, 629, 634; decease of, 694.
CULPEPPER, JOHN, Representative from North Carolina, 613.
_Cumberland Road_, bill relative to, 384.
CUSTIS, GEORGE WASHINGTON PARKE, letter relative to
retrocession of the District of Columbia, 297.
CUTLER, MANASSEH, Representative from Massachusetts, 50, 286.
_See_ _Index_, vol. 2.
CUTTS, RICHARD, Representative from Massachusetts, 50, 287,
377, 493, 612. _See_ _Index_, vol. 2.
D
DALLAS, ALEXANDER J., testimony for the prosecution on the
trial of Judge Chase, 199.
DANA, SAMUEL W., Representative from Connecticut, 50, 286,
377, 493, 612; on the bill authorizing the President to take
possession of the Louisiana Territory, 74; on the resolution
to appoint a committee to inquire into the official conduct of
Judge Chase, 120; on protection against the Barbary Powers,
161; on the resolution relative to the Georgia claims, 315,
316; on laying a duty on imported slaves, 387, 388, 389; on
naval appropriations, 474, 478; on repeal of the duty on
salt, 481; on the coast survey, 494; on the suspension of the
Habeas Corpus, 515; on revolutionary pensions, 614; on British
aggressions, 618. _See_ _Index_, vol. 2.
DARBY, EZRA, Representative from New Jersey, 377, 493, 612;
deceased, 675.
DAVENPORT, JOHN, Representative from Connecticut, 50, 285, 377,
493, 612. _See_ _Index_, vol. 2.
DAWSON, JOHN, Representative from Virginia, 50, 285, 377, 493,
613; on the amendment to the constitution relative to the
election of President, 58, 59; moves to take up resolution
relative to the retrocession of the District of Columbia, 161;
on improving the navigation of the Potomac, 292, 301; on the
bill to authorize the court of the District of Columbia to
grant divorces, 313; on laying a tax on imported slaves, 391.
_See_ _Index_, vol. 2.
DAYTON, JONATHAN, Senator from New Jersey, 3, 164; moves to
refer resolution relative to amendments of the constitution
to a select committee, 7; opposes amendment of constitution
reported relative to the Vice President, 7; charges Clinton
with the habit of arraigning motives, 8; on the acquisition of
Louisiana, 13; on choice of the House from the three highest
candidates, 22; on amendment to the constitution relative to
the election of President, 25; offers public buildings at
Trenton in case of a removal of the seat of Government, 46.
_See_ _Index_, vols. 1 and 2.
DEANE, JOSIAH, Representative from Massachusetts, 612.
DEARBORN, H., letter with documents relative to the conduct of
Gen. Wilkinson, 663. _See_ _Index_, vols. 1 and 2.
_Debates, reporting of._--_See_ _Index_, vol. 2.
DECATUR, STEPHEN, resolution of thanks to, 165.
_Defensive measures under John Adams’ administration._--_See_
_Index_, vol. 2.
_Delaware_, vote for President, 168.
_Delegates_ from Territories. _See_ _Index_, vol. 1.
DELEMOS, letter in cipher of Gen. Wilkinson to, 642; do. letter
of, 665.
DENNIS, JOHN, Representative from Maryland, 50; on considering
the resolution to inquire into the official conduct of Judge
Chase, 92, 111; on the resolution to appoint a committee to
inquire into the official conduct of Judge Chase, 122; on the
retrocession of the District of Columbia, 304. _See_ _Index_,
vol. 2.
_Departments, Executive._--_See_ _Index_, vol. 1.
DESHA, JOSEPH, Representative from Kentucky, 613.
DICKINSON, JOHN, his death announced in the Senate, 553.
DICKSON, WILLIAM, Representative from Tennessee, 51, 285, 378,
494. _See_ _Index_, vol. 2.
_Diplomatic or Foreign Intercourse._--_See_ _Index_, vol. 2.
_District of Columbia_, resolution for the recession of,
considered, 161; point fully considered at the last session,
161; motion to go into committee lost, 161; motion to discharge
the committee carried, 161; resolutions relative to, 295;
resolutions for recession considered, 303; motion to postpone
lost, 303; not the intention to remove the Government, 303;
object to cede back to Maryland and Virginia all but the
city of Washington, 303; question of power in Congress after
accepting the cession, 304; constitution examined, 304; its
possession every way expensive to the General Government, 304;
the people of the District are the merest subjects in their
condition, 304; in a degraded situation, 304; the resolutions
are unconstitutional, inexpedient, and unjust and cruel to the
people of the District, 304; resolutions of high importance,
306; it is said the recession cannot be made without the
consent of the people of the District and of the United
States, 306; these points examined, 306; seat of Government is
fixed permanently here if the right of jurisdiction extended
only over the soil covered by the public buildings, 306; if
the right of Congress to recede is admitted, the whole will
eventually be receded, 307; two questions involved, 307;
difficulty of legislating for ten miles square considered, 308;
the State Legislatures had presumed Congress would exercise
exclusive jurisdiction, 308; the removal of the seat of
Government, which would be the consequence of recession, is not
only inexpedient, but also unconstitutional, 308; these points
examined, 308; what are constitutions, 308; if the object is
to recede all but the city of Washington it operates a change
of the seat of Government, 309; this point demonstrated,
309; Congress not prepared to act on these questions at
present, 309; constitutional point examined, 310; expediency
of retrocession, 310; is Congress competent to legislate for
the people of the District, 310; no, 310; not equal to the
task, 310; the end of the resolutions is to reduce the present
quantum of territory, 311; expense and time in legislating for
the territory, 311; business of the Union interrupted, 311;
resolutions lost, 311.
_Bill to prohibit the exaction of bail_ in certain suits within
the District of Columbia, read third time, 312; proper measure
to prevent the oppression of malignant creditors, 312; not
essentially necessary, 312; recommitment moved, 312; lost, 312;
bill lost, 312.
_Bill to authorize the court_ of the District of Columbia to
decree divorces in certain cases, 313; reasons for the bill,
313.
_Emancipation in the District_, reasons for, considered, 313;
rejected, 313.
_Divorces_, bill to authorize court of District of Columbia to
grant, postponed, 343.
_Documents, Executive_, communicated to the House, 379.
DORSEY, WALTER, his testimony for the defence on the trial of
Judge Chase, 227.
_Drawbacks._--_See_ _Index_, vol. 1. _Duties on Imports._
DURELL, DANIEL M., Representative from New Hampshire, 612; on
fortifications and gunboats, 628.
_Duties on Imports_, passage of the bill imposing specific
duties, 342.
_Duties on Imports, bill for the protection of commerce_
against the Barbary Powers considered in the House, 158; moved
to strike out first section laying increased duties to provide
means for protection, 159; improper to tack to the provisions
for the Mediterranean service, upon which there could be no
difference of opinion, a new tax, in respect to which they
could not agree, 159; the increased rate of duty proposed,
159; duties already high, 159; why impose a tax of $750,000 to
meet an expenditure of $500,000? 159; now about to authorize
a greater expense than usual, and the Legislature are called
upon to provide means, 159; the public debt should never be
increased while the resources of the country are adequate
to its wants, 159; statements of the opposition examined,
159; average rate of ad valorem duty thirteen and a half per
cent., 160; goods charged with ad valorem duties are the most
difficult to smuggle, 160; duty on spirits not too high though
it yields a fifth of the revenue, 160; duty on sugars, on salt,
on wines, on woollens, 160; design to apply the resources to
the support of the navy, 160; the only objection is to the
imposition of unnecessary taxes, 161; the measure gives an
improper impression of the causes of the bill, 161; motion to
strike out lost, 161; do. renewed in the House and lost, 161.
_Salt_, motion for an inquiry relative to the duty on, 295;
various rates which have been imposed, 295; present duty twenty
cents per bushel, 295; equal to thirty cents, 295; finances
amply sufficient to authorize a reduction, 296; imports of
salt, 296; origin of Liverpool salt, 296; distinction to be
made against British salt, 297; to retrieve reputation of
salted provisions, 297; resolution moved, 297; state of the
finances will not allow a reduction, 297.
Resolution to inquire into the expediency of repealing the
duty on salt, 479; committee already instructed, 479; duty
too high, and falls heavy on the agricultural interest, 479;
adopted, 479; bill to repeal duty on salt and bounty on
exported salt provisions and pickled fish, considered, 479;
_note_, 479; moved to amend so as to take off eight cents of
the duty, 480; a difference of twenty cents on the bushel will
operate very seriously on those who have made shipments, 480;
changes should be gradual, 480; this duty was pledged for the
payment of the national debt, 480; no argument that it will
operate injuriously on shipments, 480; one of the objects of
the bill to get rid of the pledge to pay the debt, 480; the
taxes pledged will still exceed the amount for which they
were pledged, 481; can the Administration get along without
this tax, 481; immediate effect of this measure ruinous, 481;
further debate on the third section, 481; passage of the bill,
481.
Amendments of the Senate considered in the House, provisions
repealing the duty on salt being struck out, and imposing two
and a half per cent. duty, retained, 482; sole and indisputable
prerogative of the House to grant the money of the people, 482;
extent of the power of the Senate, 482; House should never give
up this privilege, 482; not a bill originating revenue, 482; a
question of necessity, 483; motion to agree to amendments of
Senate lost, 483; reasons for adhering to the disagreement,
483; committee of conference appointed, 483; Senate adhere,
484; House receded, 484.
In Senate bill passed, 491; in House bill for repeal referred,
502; passed, 503; _note_, 503.
_Importation of Slaves_, duties on considered in the House, 96;
South Carolina repealed her law prohibiting the importation
of slaves, 96; its repeal gives fresh activity to the trade,
96; to impose a tax on imported slaves is the extent of the
power of Congress, 96; resolution to lay a tax of ten dollars
on each slave imported, moved, 96; in Committee of the Whole,
resolution amended to lay a tax of ten dollars on each slave
imported into the United States and their Territories, 129;
repeal of the law of South Carolina, should not occasion so
much dissatisfaction here, 129; the law was repealed because
it was evaded, and could not be enforced by the State, 129;
this tax will not prevent the introduction of a single slave,
129; by laying the tax and deriving a revenue, the Government
will be giving a sanction to the trade, 129; effect of the
resolution, if adopted, would be injurious, 130; the question
is on the policy of laying the tax, 130; this point considered,
130; to import slaves is to import enemies into our country,
131; danger of a rebellion, 131; effect of holding slaves on
the national character, 131; importation of slaves is in direct
contradiction to the principles of morality, 131; Eastern
States engaged for many years in smuggling them, 132; the
resolution would sanction the trade, 132; all declamation and
appeal to the passions in behalf of the resolution unnecessary,
132; impose the tax and it becomes the duty of our armed
ships to protect the trade, 132; the question is not whether
we shall prohibit the slave trade, but whether we shall tax
it, 132; other considerations urged against its policy, 132;
as a profitable article of commerce it is as eligible for
taxation as any other, 133; by laying the tax Congress does
all it can to discourage the trade, 133; this is the only
constitutional power at present enjoyed, 133; the question
should be considered only in its commercial, economical, and
fiscal relations, 133; present extent of the commerce, 133;
present prohibitory statutes disregarded by common consent,
133; arguments against the policy of the tax considered, 134;
so far from binding the nation to protect it by laying a tax,
it is already recognized in many of the States and permitted by
the constitution, 134; the condition of man subdued by fraud
or force delineated, 134; a tax will in some degree discourage
the traffic, 135; gentlemen reprobate a traffic as infamous
and horrid, and yet wish to draw a revenue from it, 135; South
Carolina had an undisputed right to do as she has done--why
single her out for censure, 135; it is not a mere question of
revenue, but whether the Government of the Union shall condemn
the act of a State which she was fully authorized to pass, 135;
should not be hurried away by passion and feeling, 136; the
Treasury wants money, and taxes must be laid, 136; this article
should be taxed because the trade is odious, 137; motion
that the committee rise and report progress, as there is a
prospect the Legislature of South Carolina will repeal the law
admitting the importation, 137; arguments urged by the friends
of the measure two-fold, 138; people of South Carolina not
friendly to the act admitting the importation, 138; question of
postponement lost, 139; resolution adopted, 139; bill ordered,
139; question on the day for the consideration of the bill,
140; motion to postpone to next session, 140; all concede that
the tax will not diminish the traffic, 140; the revenue should
be appropriated to humane purposes, 140; propriety of agreeing
to the postponement considered, 140; a postponement will be
destructive of the bill, 141; the law would have a partial
effect, 141; brief postponement carried, 142; _note_, 142.
Motion in House to impose a tax of ten dollars per head on
each slave imported, 385; ninth section of the constitution
read, 385; no reason why this article of importation should
remain without duty, while others pay, 385; the adoption of
the resolution can only express the opinion of Congress of
the impropriety of importing slaves, 386; be partial in its
operation, 386; a question of revenue merely, 386; partial
and unjust in its operation, 386; a duty on South Carolina
alone, 386; it would have prevented a large importation if
it had been adopted two years ago, 386; black men not the
only men imported into this country, 387; moved to strike out
the word “_slaves_,” and insert the word “_persons_,” 387;
this preserves the words of the constitution, 387; under the
constitution a tax can be laid on the importation of slaves or
freemen, 387; object to express disapprobation of the traffic,
387; amendment would make a false impression in Europe, 387;
amendment necessary to the passage of a law on this subject,
388; how should a cargo of slaves be entered at the Custom
House, 388; proceedings in North Carolina on the subject,
389; the amendment does not correspond with the spirit of the
constitution, 389; this point examined, 389; amendment lost,
389; object of the resolution to raise a revenue, or to point
the disapprobation of the nation against South Carolina, 389;
is this a course to secure peace and harmony, 389; amount to
be realized, 390; reasons for not exempting this article,
390; further debate, 391; resolution agreed to, 391. A new
section to the bill moved, prohibiting the importation of all
slaves into the United States, 401; what would be the effect of
forfeiture in case of smuggling slaves, 401; further debate,
401; ordered to be engrossed, 401; read third time, 418; bill
recommitted, 418.
Bill to prohibit the importation of slaves in Committee of the
whole House, 494; strong objections to forfeiture of persons
of color imported, 494; under the bill it was followed by a
sale of these persons as property, 494; better be left to the
laws of the several States, 494; in some States there could
be no such thing as a slave, 494; fugitives in the State
of Massachusetts faithfully restored, 494; her laws do not
interfere with persons passing through, only those coming there
to reside, 495; _note_, 495; a valid sale would interfere with
these laws, 495; this motion an old thing in a new shape, 495;
importation in the free States an improbable thing, 495; the
United States should retain control of them, 495; if imported
in the south they will be slaves, if at the north vagabonds,
495; what shall be done with the negroes if they are not
forfeited, 495; to leave them to the operation of the laws of
the States is to leave them to become slaves, 495; slaves will
continue to be imported unless you forfeit them, 496; motion
to refer the bill to a select committee, 496; reasons for the
motion, 496; if imported contrary to law they are to be seized
as smuggled goods, and treated accordingly, 496; what besides
the negroes can be found for the law to operate on, 496;
committee rose, 496; objections against the amendment reduced
to two; first, that a forfeiture is necessary to deprive the
importers of every motive to introduce any slaves into the
country and render prohibition effectual; second, if slaves
are emancipated and turned loose in the Southern States they
will be a nuisance, 497; objections not well founded, 497; a
forfeiture implies a right of ownership in the importer, 498;
better do nothing than forfeit them, 498; the practical state
of things, 498; what is our duty? 498; objections to forfeiture
considered, 499; only a commercial question, 499; forfeiture
only will effect prohibition, 499. _See_ _slaves, importation
of_.
_Bill laying more specific duty on certain articles_, and
imposing light money, read a third time, 158; postponement
moved, 158; a postponement a rejection of the bill, 158;
it increases the existing rate of duties, 158; remove the
fraudulent practice in making out invoices of the articles,
subject to ad valorem duties, 153; promote manufacturers in the
Eastern and Middle States to the detriment of the Southern,
158; postponement lost, 158; bill passed, 158; _note_, 158.
_Remission of Duties on Books_, report of the committee
considered, 289; constitution a grant of limited powers, 289;
its leading feature an abhorrence of exclusive privilege, 289;
the privilege asked for is referred to the first section of
the eighth article, 289; the impost shall be uniform, 289;
one quantum, one mode of collecting, and one manner, 289; if
one class is exempted, others may be also, 289; objectionable
on the ground of expediency, 289; constitutional objection
considered, 289; the power of Congress adequate to promote
science and literature, 289; mistake to suppose that a denial
to exempt books from impost is a tax on literary institutions,
and, therefore, not uniform, 290; these institutions soon
be rivalling booksellers, 290; report against the remission
adopted, 290.
_Duties on Imports._--_See_ _Index_, vols. 1 and 2.
_Duties on Tonnage._--_See_ _Index_, vol. 1.
DWIGHT, THOMAS, Representative from Massachusetts, 50, 285.
DWIGHT, THEODORE, Representative from Connecticut, 493; on the
importation of slaves, 501.
E
EARLE, JOHN B., Representative from South Carolina, 51, 285,
378, 494.
EARLY, PETER, Representative from Georgia, 52, 285, 378, 493;
opposes a repeal of the Bankrupt Law, 79; on the resolution to
appoint a committee to inquire into the official conduct of
Judge Chase, 117; on the Georgia militia claims, 125; appointed
to impeach Judge Chase at the bar of the Senate, 174; opens the
argument for the prosecution on the trial of Judge Chase, 229;
on the appointment of an agent to collect information on the
Louisiana lead mines, 287; on the retrocession of the District
of Columbia, 306; contingent expenses, 388; on laying a tax
on imported slaves, 389, 390; on the payment of witnesses on
the trial of Chase, 412; on importations from Great Britain,
439; on a plurality of offices in the same person, 469; on the
importation of slaves, 495, 496, 501; on the appropriation to
build gunboats, 517; on securing the privilege of the Habeas
Corpus, 525. _See_ _Index_, vol. 2.
EATON, GENERAL, resolutions of thanks submitted in the Senate
to Gen. Eaton and his companions, 371; resolution in the
House to present a sword to Gen. Eaton, 380; moved to amend
by striking out “sword,” and inserting “medal,” 381; only
on extraordinary occasions, that medals are awarded, 381;
the case of Preble, 381; nothing can be done which fame has
not anticipated, 382; honors should be apportioned to merit,
382; the advantages derived from the services of Gen. Eaton
considered, 382; sword is a reward for mere valor; in this case
the valor displayed is only a small part of the distinction,
382; what services were rendered, 382; amendment carried,
382; verbal amendments proposed, 382; resolution reported to
the House, and referred to a select committee, 333; bill to
authorize the settlement of accounts with Gen. Eaton, 482.
_Electoral votes for President_ in 1804--counting of, 167;
counting of, 340.
_Electors of President._--_See_ _Index_, vol. 1.
ELMER, EBENEZER, Representative from New Jersey, 86, 285, 377,
493; on the retrocession of the District of Columbia, 309; on
incorporating a church in Georgetown, 408; on importations from
Great Britain, 440; on a plurality of offices, 469; on the
appropriation to build gunboats, 516; on securing the privilege
of the Habeas Corpus, 541. _See_ _Index_, vol. 2.
ELLERY, CHRISTOPHER, Senator from Rhode Island, 3, 163. _See_
_Index_, vol. 2.
ELLICOTT, ANDREW, letter to the Secretary of State, 668.
ELLIOTT, JAMES, Representative from Vermont, 50, 285, 377,
493, 612; remarks on the death of Samuel Adams, 52; on the
amendment to the constitution, relative to the election of
President, 60; on the resolution to carry the Louisiana treaty
into effect, 64; on the bill to authorize the President to take
possession of the Louisiana territory, 73; advocates a repeal
of the Bankrupt Law, 79; on the inquiry into the official
conduct of Judge Chase, 89, 93; on the resolution to appoint a
committee to inquire into the official conduct of Judge Chase,
108; on the bill relative to the Louisiana territory, 144; on
the Georgia claims, 319; an the reference of the letter of the
Postmaster General, 333, 334; on the presentation of a sword to
Gen. Eaton, 381; relative to the impressment of seamen, 384;
on importations from Great Britain, 440; on the suspension of
the Habeas Corpus, 505; on the appropriation to build gunboats,
517; on securing the privilege of the habeas corpus, 527; on
fortifications and gunboats, 632.
ELLIS, CALEB, Representative from New Hampshire, 377, 493.
ELY, WILLIAM, Representative from Massachusetts, 377, 493,
612; on the application of the Society of Harmony, 404, 405,
407; on the importation of slaves, 500.
_Emancipation in the District of Columbia_, resolution on, 313.
_Embargo_, Message from President Jefferson recommending, 640;
documents accompanying the Message, 641; resolution relative
to offered, 641; House informed that the Senate had passed
a bill laying an embargo, 641; action of the House on the
bill, 641; bill passed, 641; act laying an embargo, 642; bill
to authorize the President, under certain contingencies, to
suspend the embargo, considered, 677; the Orders of Council by
Great Britain, and the decrees of France, the causes of the
embargo, 677; if removed, the embargo should be withdrawn,
677; possible they may be modified or changed before another
session, 677; let the public see we have done every thing to
relieve them from the distress of measures rendered necessary
by the conduct of other nations, 677; no argument urged against
delegating the exercise of special powers, 678; distinction
between the authority to suspend a law in operation, and one
not commenced, 677; this delegation of power examined, 677;
power to lay an embargo considered, 679; our Government, by its
conduct, the author of the cause of the embargo, 680; author of
the resolution laying the embargo, 680; rejection of the treaty
of December, 1806, 681; circumstances of the two treaties and
their provisions, 681; the subject of blockades, 683; the
question of impressment, 683; objectionable condition of the
treaty, 684; assertions respecting the Administration, 685;
either treaty is preferable to the present state of affairs,
686; raise the embargo and arm our vessels, 686; objections
to an embargo, 686; fraught with impolicy, 687; impressment
the main block in the way of negotiation, 687; arming of our
merchant vessels produces war, 688; subject of the treaty, 688;
constitutionality of the embargo, 689; the embargo considered,
690; its immediate repeal only will save from great distress,
691; the resolution considered, 691; our fisheries, 692;
object of the embargo, 692; the resolution is pernicious, 693;
object of the embargo to make an impression on Europe, and
the resolution, tells them we are already tired of it, 693;
foreign nations will see we are determined the embargo shall
never be repealed until they revoke their decrees and orders
in council, 693; further debate, 694; the discretion to the
President should be absolute, but the resolution in pretence
only gives it, 695; amendment moved, 695; amendment more
objectionable than the original, 696; it limits the discretion
of the President to specific circumstances, 696; interpretation
of the constitution, 696; expediency of investing the
President with this power, 697; some provision relative to
the embargo unavoidable, 697, 698; two characteristics of the
embargo power, 699; the most enormous power in the manner in
which it affects the hopes and interests of the nation, 699;
which position of invested power most auspicious to a happy
issue, 700; constitutionality of the bill, 700; to give the
President power to suspend a law is equal to giving him power
to suspend all laws, 701; similar powers have been exercised,
702; other cases stated, 702; question of power examined, 703;
constitutional power of the House, 703; history of former
embargoes, 704; does the constitution restrain us from giving
this power, 704; precedents, 705; the pressure and weight
of the embargo should not have influence in deciding this
question, 705; pass the bill, and the Executive has it in his
power to declare war, 706; amendment lost, 706; moved to amend
so as to repeal the embargo, 706; remarks thereon, 706; bill
passed, 707.
_Embargo._--_See_ _Index_, vol. 1, _Great Britain, retaliating
measures upon_.
EPPES, JOHN W., Representative from Virginia, 50, 285,
377, 493, 613; on the resolution to appoint a committee to
inquire into the official conduct of Judge Chase, 118; on the
postponement of the bill laying a tax on imported slaves,
141; on the retrocession of the District of Columbia, 306; on
importations from Great Britain, 443; on a plurality of offices
in the same person, 467; on naval appropriations, 475; on the
exclusion of military and naval officers from civil employment,
477; on the suspension of the habeas corpus, 507; on inquiry
into the conduct of General Wilkinson, 658; on suspending the
act of non-importation, 705; on home manufactures, 710.
EUSTIS, WILLIAM, Representative from Massachusetts, 50, 286; on
the bill authorizing the President to take possession of the
Louisiana territory, 75; opposes a repeal of the bankrupt law,
79; in favor of augmentation of the navy, 88; on the resolution
to appoint a committee to inquire into the official conduct
of Judge Chase, 115; on the bill relative to the Louisiana
territory, 145; on expenses of repairs at Navy Yards, 314; on
the Georgia claims, 325, 331. _See_ _Index_, vol. 2.
EWING, SAMUEL, his testimony for the defence, on the trial of
Judge Chase, 217.
_Ex-Bashaw of Tripoli_, report of committee in the Senate on
Message relative to, 370.
_Ex-Bashaw of Tunis_, bill for relief of, passed, 484.
_Excise Laws._--_See_ _Index_, vol. 1.
_Executive Departments._--_See_ _Index_, vol. 1.
_Expatriation._--_See_ _Index_, vol. 2.
_Expunging the Journal of the Senate_ ordered, 376; _note_, 376.
F
FENNER, JAMES, Senator from Rhode Island, 345, 487, 551.
FINDLAY, WILLIAM, Representative from Pennsylvania, 50, 285,
377, 493, 612; on the resolution to inquire into the official
conduct of Judge Chase, 99; on a tax on imported slaves, 132,
140; on the remission of duties on books, 289, 290, 291; on the
retrocession of the District of Columbia, 307; on the Georgia
claims, 327; on importations from Great Britain, 438; on
suspension of the embargo, 703. _See_ _Index_, vols. 1 and 2.
FISK, JAMES, Representative from Vermont, 377, 493, 612; on
laying a duty on imported slaves, 387; on a plurality of
offices in the same person, 466; on the appropriation to build
gunboats, 517; on excluding settlers from the public lands,
545; on fortifications and gunboats, 631; on suspension of the
embargo act, 687; on inquiry into the conduct of Judge Innes,
708.
_Flag of the United States._--_See_ _Index_, vol. 1.
_Florida, purchase of_, motion to refer to a select committee,
353; confidential message from the House, 353; bill relative
to, amendment of, 353; third reading of bill in Senate, 354;
motion to postpone, 354; amendments offered, 354; passage of
the bill in the Senate, 355; _note_, 355.
_Foreign Ministers_, in Senate, bill to prevent the abuse of
the privileges and immunities of, considered, 364; two points
of view to be considered, 364; one, as the provisions of the
bill relate to the law of nations--the other, as they regard
the Constitution of the United States, 364; privileges under
the law of nations, 364; no citizen of a republic enjoys such
a privilege, 364; writers have assigned various reasons for
this phenomenon in politics and morals, 364; this arises from
the nature of their office and duties, 365; experience shows
the necessity of erecting some barrier against the abuse of
these privileges, 365; the provisions of the bill considered
in detail, 366; treatment in case of heinous offences, 366;
do. of offences against the Government, 366; relations which
the bill bears to the Constitution of the United States, 366;
circumstances in which the bill originated described, 367; by
the passage of the bill we may prevent the spread of an evil
which threatens the dearest interests of the nation, 368; bill
ordered to third reading, 369; various amendments proposed and
carried, 369; bill lost, 369.
FOWLER, JOHN, Representative from Kentucky, 50, 383, 497. _See_
_Index_, vol. 2.
_France, relations with_, during John Adams’ Administration.
_See_ _Index_, vol. 2.
_Franking Privilege._--_See_ _Index_, vols. 1 and 2, _Post
Office bill_.
FRANKLIN, JESSE, Senator from North Carolina, 3, 163, 547;
elected President pro tem. of Senate, 44. _See_ _Index_, vols.
1 and 2.
FRANKLIN, MESHACK, Representative from North Carolina, 613.
_Freedom of conscience._--_See_ _Index_, vol. 1.
_French Refugees._--_See_ _Index_, vol. 1.
_French Spoliations bill_, relative to, 380.
_French Spoliations._--_See_ _Index_, vol. 2.
_Frontiers, protection of._--_See_ _Index_, vol. 1.
_Fugitives from Justice._--_See_ _Index_, vol 1.
G
GAILLARD, JOHN, Senator from South Carolina, 167; _note_, 167,
345, 485, 550.
_Galliopolis_, petition of the inhabitants of, 353.
GAMBLE, ROBERT, his testimony for the defence on the trial of
Judge Chase, 224.
GANNT, Rev. Dr., Chaplain of Senate, 4, 348. _See_ _Index_,
vol. 2.
GARDENIER, BARENT, Representative from New York, 612; on
building gunboats, 627; on fortifications and gunboats, 629; on
inquiry into the conduct of General Wilkinson, 645.
GARDNER, FRANCIS, Representative from New Hampshire, 612.
GARNETT, JAMES M., Representative from Virginia, 377, 493, 613.
_General welfare clause examined._--_See_ _Index_, vol. 1.
_Georgia_, vote for President, 168.
_Georgia Land Claim._--Resolutions in the House relative
thereto offered, 142; referred, 142; bill relative to
considered, 148; desirable to take the sense of the committee
in the first instance on the resolutions, 148; not our duty
to give an opinion, whether the Legislature of Georgia acted
wickedly or uprightly, 149; no opinion required from us,
149; the committee should have stated whether the facts in
the resolutions are erroneous or not, 149; certain of the
claims are not recognized, either by the State or the United
States--let gentlemen prove it if they can, 149; no pledge
has been given, or it can be proved, 149; the recognition of
these claims is equally a violation of the rights of the State
of Georgia, with a rejection of them, 150; the resolutions
examined in detail, 150; further statement of facts, 151; moved
to postpone the resolutions to the next session, 153; the
principles of the resolutions are not abstract, 153; when we
are called to compromise claims, can we not determine whether
they are founded in justice or not? 153; it is necessary to
determine the validity of the act of 1795, in order to decide
the justice of compromising claims under it, 152; point upon
which the decision must turn, 153; comparison of the facts
with the resolutions, 153; evident the claims under the acts
of Georgia have no validity, 154; a stain on our character to
grant compensation for their pretended losses to any of those
adventurers who made the spurious contract with Georgia in the
year 1795, for the purchase of her western territory, 154;
sources of information that led to this conclusion, 155; the
Yazoo contract, how obtained, 155; reception of the law of
1795 by the people of Georgia, 155; vote on the postponement
of the resolutions taken separately, 156; carried on final
vote, 157; _note_, 157; report of committee for appointment of
commissioners considered, 315; report confined to statement
of facts, 316; is a summary of all, 316; report considered in
the House, 316; amendment proposed limiting the resolution to
a particular class of claims, 316; claim of the New England
Mississippi Land Company, whom it is proposed to debar from
any benefit of the five million acres, reserved in the compact
with Georgia to satisfy any claims not specially provided for
in that contract, 317; case of the Connecticut Reserve, 318;
further objections to the measure, 319; _note_, 319; various
questions proposed and examined, 320; did the State of Georgia
in 1795 possess a title to the territory in question? 320;
were the Legislature of Georgia in 1795 invested with power
to sell the territory, &c.? 320; can a legislature rescind a
contract made by its predecessors? 321; can the judicial power
declare a legislative act void, as having been passed by means
of corruption? 321; were the claims of the present claimants
recognized by the act of cession, &c.? 321; the equity of
the claims, and the policy of compromise, 322; the acts of
fraud, 323; the four land companies, 323; wrong sufficient
to invalidate the contract, 323; present applicants innocent
holders, 323; the question is, whether we are to do a good or
an injury to a class of men denounced as a band of speculators,
324; effects of the amendment proposed, 324; had the claimants,
at the time of their purchase, or not, a knowledge of the
fraud? 326; the arguments urged are not intended to influence
the judgment of the House, but to control the public mind by
an avowed appeal to the people, 326; silence and concert of
unprincipled men, 326; Message of the President in February,
1795, considered, 327; title of Georgia doubtful, 327; lands
sold by Georgians to citizens of Massachusetts, at Boston, 327;
the bargain and sale fair and legal, 328; amount of land sold,
328; the law of Congress taking possession of the government
of the territory, 328; conditions on which Georgia surrendered
her right of soil, 329; question of title given up, question
turns on expediency, 329; equitable considerations urged, 329;
observations on the various objections urged, 330; manner of
selling the land in the Eastern States, 331; story of the
distressed female applying to the Magdalen Hospital, 332.
Present claimants no right in law or equity to the lands in
question, and policy does not demand the interference of the
national Legislature, 336; Matthew Lyon explains his share
in the contracts, 336; _note_, 337; how could Georgia have a
pre-emption title to the lands while the Indian title still
existed? 337; notoriety of the fraud is evidence that the
present claimants are not innocent purchasers, 337; resolution
agreed to, 337; _note_, 338.
_Georgia Limits_, in House, report on memorial of the
Legislature of Georgia, 403; report deferred, 404.
_Militia Claims._--Report of the committee, in the House, on
claims against a petition for pay as militiamen, called out
in the State of Georgia for protection of that State against
the Indians, considered, 125; they were called out under
the authority of the Government of the United States, which
is bound to compensate them, 125; petitioners must look for
compensation to the State of Georgia, which has agreed to
receive a certain sum in full of all demands for military
service, 125; _note_, 125; interpretation of the articles of
cession, 125; statement of facts, 126; committee assume the
principle that the State was bound in the first instance to
pay the soldiery, notwithstanding the ulterior responsibility
of the General Government, 126; reasoning to sustain this
principle examined, 126; the troops were called out in all
cases by the State Executives, on instructions from the General
Government, 126; two modes marked out in the constitution in
which the militia may be called into service, 127; when a
service is performed, the party for whom it is performed is the
only one responsible for the compensation, 127; a distinction
taken between the situation of troops called into the field
by order of General Government, and those called by State
Executives on the authority of the former, 127; this proves
nothing in the present case, 127; has the right of peace and
war been yielded to the General Government, and yet the States
bound to compensate for war services, 128; the simple question
considered by the committee was, whether compensation had or
had not been rendered for those services, 128; this depended
upon the decision of another question, whether the State of
Georgia was in the first instance liable for these claims, 128;
two ways by which the militia of a State may be called out by
the Executive of the United States, 128; what are the facts in
this case? 128; what is the nature of the compromise made in
the case, 128.
_German Language, laws in._--_See_ _Index_, vol. 2.
GILES, WILLIAM B., Senator from Virginia, 163, 552; reports
the bill for the Government of the Territory of Orleans, 166;
on the order of proceedings in the case of John Smith, 554; on
expelling Senator John Smith, 589. _See_ _Index_, vols. 1 and 2.
GILLESPIE, JAMES, Representative from North Carolina, 78, 285;
decease of, 312. _See_ _Index_, vols. 1 and 2.
GILMAN, NICHOLAS, Senator from New Hampshire, 345, 485, 547.
_See_ _Index_, vols. 1 and 2.
GODDARD, CALVIN, Representative from Connecticut, 50, 286; on
the call upon the President for documents showing the title to
Louisiana, 55; on the resolution relative to public roads, 84;
on improving the navigation of the Potomac, 291. _See_ _Index_,
vol. 2.
GOLDSBOROUGH, CHARLES, Representative from Maryland, 377, 493,
612; on a Naval Peace Establishment, 402.
GOOCH, PHILIP, his testimony for the defence on the trial of
Judge Chase, 224.
GOODRICH, CHAUNCEY, Senator from Connecticut, 551. _See_
_Index_, vols. 1 and 2.
GOODWYN, PETERSON, Representative from Virginia, 50, 288, 377,
493, 613.
GOVANE, WILLIAM S., his testimony for the defence on the trial
of Judge Chase, 328.
_Granger Gideon, Postmaster-General_, letter to the House, 332;
considered, 333; a second letter stating his interest in the
Georgia grants, 333; motion to refer to a select committee,
333; an affair of honor between two gentlemen and Congress has
nothing to do with it, 333; Congress has no power to remove
the Postmaster-General, if the charges were true, 333; nothing
more reasonable than to grant the reference, 333; the letter
couched in such language the House should not listen to it,
334; too late in the session for this business, 334; nothing
disrespectful in the letter, 335; if the charges are true, the
President is the proper person to apply to for removal of the
officer--subject postponed, 336.
GRAY, EDWIN, Representative from Virginia, 50, 288, 379, 497,
613.
_Great Britain_, retaliatory measures upon in Washington’s
Administration. _See_ _Index_, vol. 1.
GREEN, ISAIAH L., Representative from Massachusetts, 377, 493,
612.
GREGG, ANDREW, Representative from Pennsylvania, 50, 377,
494; on the resolution to inquire into the official conduct
of Judge Chase, 91; on a tax on imported slaves, 137, 141;
on the bill relative to the Louisiana Territory, 144, 145; on
the bill to bridge the Potomac, 290; on the Georgia claims,
329; on the reference of the letter of the Postmaster-General,
334; on the Yazoo claims, 379; submits a bill relative to a
Naval Peace Establishment, 385; on discharging the committee
from consideration of invasion of neutral rights, 394;
introduces resolutions of non-intercourse, 395; on a Naval
Peace Establishment, 402; on the application of the Society
of Harmony, 404, 405; on the amendment of the constitution
relative to the removal of Federal Judges, 415; on importations
from Great Britain, 419; on a plurality of offices in the same
person, 472; on the exclusion of military and naval officers
from civil employment, 476; on the appropriation to build
gunboats, 517; on excluding settlers from the public lands,
543; Senator from Pennsylvania, 547. _See_ _Index_, vols. 1 and
2.
GRIFFIN, THOMAS, Representative from Virginia, 50, 285; on the
resolution to appoint a committee to inquire into the official
conduct of Judge Chase, 114.
GRISWOLD, GEORGE, Representative from New York, 50, 285.
GRISWOLD, ROGER, Representative from Connecticut, 50, 286; on
the motion to call on the President for documents relative
to the acquisition of Louisiana, 54; on the amendment to
the constitution relative to the election of President, 58;
against the resolution to carry the Louisiana Treaty into
effect, 61; remarks on the bill authorizing the President
to take possession of the Louisiana Territory, 73, 75; on
the resolution relative to public roads, 83; in favor of
augmentation of the Navy, 88; on the motion to inquire into
the official conduct of Judge Chase, 90, 92, 104; on the
postponement of the bill to tax imported slaves, 141; on
protection against the Barbary Powers, 159; on the remission
of duties on books, 289; on improving the navigation of the
Potomac, 292; on the retrocession of the District of Columbia,
307. _See_ _Index_, vols. 1 and 2.
_Gunboats._--Report of the committee, in the House, on
fortifying harbors considered, 516; question on filling the
blank with $250,000 for building fifty gunboats, 516; better
appropriate the money to solid and durable fortifications,
516; a sufficient number already, 516; the system of gunboats
a matter of experiment, 516; if the experiment succeeds, then
let us vote liberally, 516; the House has already refused to
man the gunboats now built, 516; when the necessity arises
the boats can be built, 517; more information desired on the
subject, 517; experience has proved them to be useful, as in
the late war with Tripoli, 517; the expense, as compared with
that of frigates, 517; advantages and disadvantages, 518;
number already on hand, 518; postponed, 518.
In House, the bill from the Senate, for building gunboats and
the bill for fortifying harbors from committee on aggressions,
considered, 625; moved to reduce the number of gunboats to
be built from one hundred eighty-four to one hundred, 625;
gunboats could not have prevented any one of the aggressions
of which we complain, 625; could only act in harbor defence,
625; some frigates should be provided, 625; other means of
defence can be provided in other bills, 625; a sufficient
number should be built, or the money would be thrown away, 625;
a frigate costs more than gunboats with same number of guns,
625; gunboats not a mere experiment, 625; without the boats
the squadron would not have been competent to attack Tripoli,
626; these boats crossed the Atlantic, 626; of 60 or 70 tons
burden, 626; duty of the House to provide effectual protection,
626; fortifications and gunboats regarded by the committee as
the best system, 626; and such a number of boats, they say, are
wanting, 626; if the object is to protect the country, this
bill should pass, 626; if ships or frigates will add to the
protection, they can be voted when the subject comes up, 626;
these boats eminently and essentially useful as a species of
defence, 626; expense of a frigate and gunboats compared, 626;
shall a certain sum of money be appropriated for the defence of
ports and harbors? 626; never should be said that we ought to
defend ourselves beyond our own shores, 626; the information
obtained from the Executive was in favor of gunboats, 627;
when the number necessary is known, the money should be
appropriated, 627; the situation of the country in relation
to Great Britain should be considered, 627; no objection to
vote for gunboats if land batteries will be sufficiently
provided for, 627; a visionary scheme to evade the real object
of defence, and to introduce false notions of economy, 627;
intention of the committee to erect new works and repair old,
628; after such a proposition as this, no one which could be
made would be surprising, 628; the great object was to arm the
nation to meet an event which they would be called on before
long to meet, 628; question now on one species of this arming,
628; gunboats in connection with fortifications cannot obtain
the end proposed, 628; these boats cannot be used in certain
ports to which they are assigned, 628; reasons, 628; moved to
strike out sixty-four gunboats and substitute four frigates,
628; question on striking out, 629; difference of opinion on
the subject of gunboats, 629; bill accords with the sentiments
of the Northern States, 629; if the motion prevails, a million
dollars more will be required, 629; United States have not
means to build a fleet, 629; time for a naval establishment has
passed, 630; not in our power to provide as respectable a fleet
as Denmark, 630; let us then apply our limited means to a mode
of defence on which more reliance can be placed, 630; put the
harbors in such a state of defence we shall not feel the want
of a Navy, 630; gunboats a part of land defence, 630; British
not dared to attack a single French port, 630; other modes of
defence should be taken into account at the same time, 631; it
would be a proper measure now to increase the Navy, to prevent
aggression from a foreign power, 631; no danger can arise to
the liberties of the people from an increase of the Navy, 631;
had more tons of shipping afloat and more largely concerned in
the freedom of the seas than any nation on earth save one, and
shall they lie unconcerned while the dearest rights of nations
are destroyed by that one? 631; this measure is beyond our
means, and is not a measure of exigency, 631; what became of
the Navy of Denmark? and what will be the fate of ours, 632; it
has been charged that the formidable Navy raised by the former
Administration has been sold off by this, and the nation left
without defence, 632; amendment negatived, 632; presents one of
those great crises that rarely occur in the annals of a nation,
632; a crisis of awful moment, 632; principal unavowed argument
in favor of the present measure is the supposed predilection of
the Executive, 633; a new volume of the celebrated proclamation
and gunboat system, 633; subject of messages, 633; opinions
of naval officers annexed, 634; every argument is answered by
saying it is a popular system, 634; with whom is it popular?
634; the whole seaboard interested in this question, 634;
utility of gunboats examined, 635; objections to the bill
considered, 635; reasons for the measure, 636; origin of
gunboats, 636; a period has arrived when this nation must
receive a satisfaction for injuries inflicted, and security
for the future, or the sword must be drawn, 637; negotiations,
637; course of the Administration, 637; evidence of the utility
of gunboats, 637; until gentlemen on the seacoast could better
agree on the number and utility of gunboats, so large a number
should not be built, 638; how are the boats to be manned, 638;
attempt to persuade the public that the friends of this measure
are about to drain the Treasury for a useless measure of
defence, 638; does the present state of our foreign relations
require effective measures, 638; will the nation consent to
expose to an enemy the whole extent of our seacoast, without
an effort to repel him until he is landed? 639; what are the
means in our power best calculated for defence? 639; either
gunboats or ships, 639; opinion of naval men that gunboats may
be useful, but they should not supersede all other means of
defence, 639; instead of a comprehensive system, measures are
laid before us by piecemeal, 640; objections to the measure,
640; bill passed, 640.
H
_Habeas Corpus, suspension of the writ of._--In the Senate,
committee appointed to inquire into the expediency of
suspending, 490; bill reported, 490; bill passed, 490;
confidential Message to the House, 490.
In House, on the question that proceedings on the bill be
had with open doors, 504; carried, 504; moved to reject the
bill, 504; do. withdrawn, 504; _note_, 504; information in
President’s Message, 504; existing laws sufficient, 504; its
suspension would hold out an improper idea of danger and
alarm, 505; danger nearly over, 505; this step never resorted
to before, 505; no apology for suspending this writ, 505; a
dangerous precedent, 505; most extraordinary proposition ever
presented to our consideration, 506; constitution forbids it
only in the case of self-preservation, 506; proposition is
to invest unlimited power in the supreme Executive, over the
personal liberty of the citizens, 506; nature and character
of the writ, 506; bill objectionable also in its details,
506; what evidence of the necessity of this measure? 507;
condition of the leader, 507; called by this bill to exercise
one of the most important powers vested in Congress, 507;
words of the constitution, 507; does the public safety require
its suspension? 507; this point examined, 508; constitution
does not restrict the power of the Government to such extreme
cases, 508; a rebellion exists, 508; a conspiracy has been
formed with deliberation, and existed a long time, 508; the
country is in a state of insecurity, 508; no insurrection ever
occurred like this, 508; the conspiracy considered, 509; nature
of this writ, 509; its effects on the individual and on the
community at large, 509; no insurrection to be compared in
magnitude to this, 510; a subject sanctioned by the Senate,
and worthy of discussion and reference, 510; satisfactory
proof of a rebellion should be obtained, 510; no doubt of its
existence, 510; this not sufficient to justify this measure,
510; it can be necessary only for the detection and conviction
of offenders, 510; once suspended in Massachusetts, and
regarded as useful, 511; House competent to reject the bill on
its first reading, 511; an improper measure coming from the
Senate should be viewed with jealousy, 511; an oblique attempt
to cover a certain departure from an established law of the
land, and a certain violation of the constitution, 512; the
case at issue is, whether the military government is subject
to the civil power, or the civil authority to the military,
512; it is merely a foreign intrigue, 512; if this bill passes
it establishes a new era in the Government, 513; a nation is
never enslaved at once, 513; the details of the bill, 514;
shall we exercise the only power with which we are clothed, to
repeal an important part of the constitution? 514; example of
England, 514; does the necessity exist? 514; in the opinion of
the President no danger is to be apprehended, 514; this bill
operates as an _ex post facto_ law, 515; bill rejected, 515.
_Resolution, in House, to make farther provision for securing_
the privileges of the writ of habeas corpus considered,
520; _note_, 520; necessity and importance of the provision
contemplated, 520; provision of the constitution, its
intention, 520; arguments in support of the motion, 520;
proceedings at New Orleans, 521; doubtful if a change in the
law is material, 522; acts of Congress determine the manner in
which this writ shall be enforced, 522; these acts considered,
522; events at New Orleans prove the necessity of preserving
the military subordinate to the civil authority, 523; the
officer at New Orleans has done an illegal act, at the risk of
his whole fortune in damages, 524; let the law take its course,
524; he has violated the personal right of the citizen, 524;
what are the facts? 524; importance of the writ, and questions
arising under it, make the reference proper, 525; the motion
and the speech accompanying it have a suspicious aspect on
certain judicial procedures depending now within these walls,
525; would they ward off punishment from traitors by condemning
the acts which produced their arrest? 525; this expression
by Congress will be an obstacle to the recovery of damages
against the Commander-in-chief, 525; where is the proof that
the provisions now in force are not sufficient for the security
of the person? 526; source of this opposition to the motion
a matter of astonishment, 526; information comes from the
President, 526; in defiance of the constitution persons have
been seized by the military authority, 526; is there probable
cause of arrest in the case of Alexander? 527; are there no
circumstances to justify Wilkinson? 527; two points in which
the subject has been examined, 528; the opinion is nearly
unanimous that the legal provisions now contemplated ought to
be made, 528; the United States as such do not possess any code
of common law, 528; not improper at the present time, 528;
sections of the constitution violated, 528; Wilkinson’s return
to the writ of habeas corpus, 529; a return of disobedience to
the civil institutions, 529; various objections to the motion
answered, 529, 530; what has occasioned this measure to be
brought before the House at this time, 531; violation of the
constitution charged upon Wilkinson, examined, 531; not proved
that there are not provisions by existing laws to enforce
obedience to the writ, 532; these laws exist in every State and
Territory, 532; Wilkinson only in contempt for disobedience
of the writ, 533; the courts have power to punish contempt,
533; the laws are ample, 533; questions depending on which
this proposition is calculated to operate, 533; is a flagrant
violation of the constitution to be remedied by an action of
damages, 533; conspiracy to separate Kentucky from the Union,
533; _note_, 533; quarter from whence this motion comes,
534; the constitution merely secures the writ, no penalty is
attached to its violation, hence the necessity for further
provision, 534.
The motion embraces two objects--to provide additional
penalties for the security of the privilege of the habeas
corpus, and to define the powers of the Supreme Court as to
issuing writs of habeas corpus, 535; is it necessary to pass
such a law as this? 535; if a constitutional right has been
infringed, does it follow that Congress ought to legislate
on the occasion? 535; Wilkinson’s transaction was not a
disobedience to this writ of habeas corpus, 536; an instance of
disobedience stated, 536; example quoted from English history,
537; the seizure of Ballman a violation of personal rights,
and of the constitution, 537; have the people the privilege
of this writ secured to them as fully and effectually as the
constitution intended, and as wise and prudent men ought to
desire? 537; the security shown to be at least uncertain,
538; principle of the celebrated statute of Charles, 538;
dilemma to which the opponents are reduced, 538; proceeding
of the Supreme Court, 539; objected that the subject cannot
be matured this session, 539; this whole business one of the
most unfortunate kind that could have happened to the United
States, 539; further arguments in favor, 539; points showing
the necessity of a reference, 540; was it discreet to refer the
resolution when it was manifest they could not go through with
the business, 541; this very transaction would be beneficial to
the country in showing the strength of feeling for the Union,
541; English history of this writ, 541; indefinitely postponed,
542.
HALSEY, SILAS, Representative from New York, 377, 493.
HAMILTON’S, ALEXANDER, _Report as Secretary of the
Treasury._--_See_ _Index_, vol. 1, _Treasury_.
HAMILTON, ARCHIBALD, his testimony for the defence on trial of
Judge Chase, 226.
HAMILTON, JOHN, Representative from Pennsylvania, 381, 493.
HAMMOND, SAMUEL, Representative from Georgia, 79.
HAMPTON, WADE, Representative from South Carolina, 51. _See_
_Index_, vol. 1.
HANNA, JOHN A., Representative from Pennsylvania, 50, 286.
_See_ _Index_, vol. 2.
_Harmony, in Indiana, Society of._--In House, bill to authorize
George Rapp and others to locate lands in Indiana on certain
terms, 404; the associates amounting to about three thousand
persons fled from oppression in Wirtemberg, 404; proposed to
cultivate the vine chiefly, 404; indulgence of time for payment
not unusual, 404; have citizens enough of our own who would
be glad to purchase on such terms, 404; no objection if they
are foreigners, 405; unusual mode of proceeding, 405; have men
that can cultivate the vine as well as foreigners, 405; further
debate, 405; bill passed to third reading, 405; recommitment
moved, 406; contract between Virginia and the United States
relative to these lands, as trustees we cannot violate the
trust, 406; let these settlers be scattered over the Union,
that all portions may be benefited by them, 407; donations of
land usual, 407; bill amended by inserting a rate of interest,
408; bill rejected, 408.
HARPER, ----, opens for the defence on the trial of Judge
Chase, 215; closes the argument for the defence on the trial
of Judge Chase, 258; against the adoption of the report of the
committee in the case of John Smith, 562.
HARRIS, JOHN, Representative from New York, 612.
HARRISON, WILLIAM HENRY, letter of, conveying resolutions of
the Legislative Council of Indiana, relative to the suspension
of the ordinance of 1787, 503. _See_ _Index_, vol. 2.
HASBROUCK, JOSIAH, Representative from New York, 50, 285.
HASTINGS, SETH, Representative from Massachusetts, 50, 384,
493; advocates a repeal of the Bankrupt Law, 79; on the
importation of slaves, 401. _See_ _Index_, vol. 2.
HAY, GEORGE, his testimony for the prosecution on the trial of
Judge Chase, 204.
HAZEN, GEN. MOSES, bill for the relief of the widow of, 166;
passage of the bill for the relief of the heirs of, 302;
supplementary bill for relief of heirs of, 383.
HEATH, JOHN, his testimony for the prosecution on the trial of
Judge Chase, 210.
HEISTER, JOSEPH, Representative from Pennsylvania 50, 285, 612.
_See_ _Index_, vol. 2.
HEISTER, DANIEL, Representative from Maryland, 51. _See_
_Index_, vol. 2.
HELMS, WILLIAM, Representative from New Jersey, 125, 287, 380,
497, 612. _See_ _Index_, vol. 2.
HILLHOUSE, JAMES, Senator from Connecticut, 3, 164, 345, 487,
550; urges reference to select committees of resolution,
relative to amendment of the constitution, 7; on amendments
to the constitution, 22; on choice of Vice President, 24, on
suspending intercourse with St. Domingo, 351; on expelling
Senator John Smith, 584; proposes sundry amendments to the
constitution, 607. _See_ _Index_, vols. 1 and 2.
HOGE, WILLIAM, Representative from Pennsylvania, 50, 613. _See_
_Index_, vol. 2.
HOLLAND, JAMES, Representative from North Carolina, 50, 285,
378, 493, 614; on postponing the resolution to inquire into
the official conduct of Judge Chase, 94; on the resolution to
inquire into the official conduct of Judge Chase, 110; on the
government of Louisiana, 147; on the application of the Society
of Harmony, 405; on the importation of slaves, 501; on the
appropriation to build gunboats, 517; on securing the privilege
of the Habeas Corpus, 532; on suspension of the embargo, 703.
_See_ _Index_, vol. 2.
HOLMES, DAVID, Representative from Virginia, 50, 285, 377, 493,
613. _See_ _Index_, vol. 2.
_Home Manufactures in House._--Resolution that the members
appear at the next meeting clothed in the manufactures of their
own country, considered, 710; could not enforce the resolution,
710; will appear in what clothing they choose, notwithstanding
the resolution, 710; intended to express the feelings of the
House, 710; a million of men wear broadcloth coats--a great
saving if manufactured in this country, 710; unfair that those
who have no wives at home to make their coats should not only
be reproached for their misfortune, but pointed at as sinners,
710; resolution withdrawn, 710.
HOPKINSON, ----, opens the argument for the defence on the
trial of Judge Chase, 236.
HOUGH, DAVID, Representative from New Hampshire, 50, 285, 377,
493.
HOUSE, meets on 1st session of Eighth Congress, 50; adjourns
at the close of first session of Eighth Congress, 162;
replication of, to the answer of Samuel Chase to the articles
of impeachment, 191.
HOWARD, BENJAMIN, Representative from Kentucky, 613.
HOWLAND, BENJAMIN, Senator from Rhode Island, 165, 485, 547.
HUGER, BENJAMIN, Representative from South Carolina, 51, 301;
in favor of augmentation of the Navy, 88; on postponing the
resolution to inquire into the official conduct of Judge Chase,
94; on a tax on imported slaves, 135, 138, 140; on the bill
relative to the Louisiana Territory, 144; on the increase
of specific duties, 158; against considering the resolution
for the retrocession of the District of Columbia, 161. _See_
_Index_, vol. 2.
HUMPHREY, REUBEN, Representative from New York, 612.
HUNT, MEMUCAN, petition of, 82.
HUNT, SAMUEL, Representative from New Hampshire, 50, 286. _See_
_Index_, vol. 2.
I
_Impeachment._--Rules of proceeding adopted by the Senate, on
the impeachment of Judge Chase, 175; list of witnesses on the,
191, 192.
_Importation of Slaves._--Petition of citizens of South
Carolina praying for relief for vessels that had sailed
previous to the passage of the act, 642; motion of reference
negatived, 642.
_Importation of Slaves_, resolutions of the Massachusetts
Legislature relative to, presented, 342.
_Importation of Slaves_, resolutions of Legislature of Maryland
relative to, 374.
_Importation of Slaves_, tax on. _See_ _Duties on Imports_;
also, _Index_, vol. 1; prohibition of, _see_ _Slaves_.
_Imports._--_See_ _Duties on Imports._
_Imprisonment for Debt._--_See_ _Index_, vol. 2.
_Indemnity for Spoliations._--_See_ _Index_, vol. 1; _Great
Britain_.
_Indian Lands within a State, rights over._--_See_ _Index_,
vol. 1.
_Indian Trading Houses._--_See_ _Index_, vol. 1.
_Indian Territory_, petitions relative to, referred, 383;
report of Committee on petition to admit Slavery in, 406.