Chapter LXXXV: Introduction (84)

Mr. NICHOLAS hoped this item would be struck out. It was certainly an expense for which there was no occasion. He did not wish to see men raised when they could be of no service. The frigates, he said, could not be fit for service before the next session. He hoped, therefore, no opposition would be made to the striking out of the clause.

Mr. W. SMITH said, they had authorized by law the building of three frigates, and it was wished that they should go into service the present year. If the whole sum was not appropriated, there would certainly be a necessity for a part of it.

Mr. NICHOLAS moved to strike out the item as it stood, and insert, "the pay of the captains of three frigates."

Mr. MACON believed these were the only officers at present appointed.

Mr. HAVENS wished gentlemen to say why these captains should be paid at all. He believed that building of ships was not their business, and that these places were at present mere sinecures. He should therefore vote against the amendment.

Mr. W. SMITH said, it would be necessary to add subsistence as well as pay of three captains, and moved to fill the blank with five thousand dollars; which, after a few observations, was agreed to.

On motion of Mr. W. SMITH, the blank for military pensions was filled, without opposition, with $114,259.

The committee then rose and the House entered upon the consideration of the amendments which had been made, when all were agreed to, except that relative to the subsistence of the non-commissioned officers and privates.[81]

WEDNESDAY EVENING, June 1.

Mr. J. SMITH, from the committee appointed to wait upon the PRESIDENT OF THE UNITED STATES, to notify him of the intention of both Houses to adjourn on this day, reported his approbation thereof.

The business before the House being finished, a message was sent to the Senate, to inform them that the House was ready to adjourn. Whereupon, after waiting some time to receive any answer that might be sent thereto, without receiving any--

The SPEAKER adjourned the House until the first Monday in December next.

INDEX TO VOL. I

_Acts of Congress._--Propriety of limiting the period of their operation,
note, 82;
safe-keeping of, 129.

_Adams, John_, elected Vice President in 1789, 10;
voted for as President in 1789, 10;
in 1793, 385;
addresses the Senate on taking the chair as Vice President, 11;
Vice President U. S., 441, 520.

_Address, Inaugural._--Washington, 12.

_Address of the Friends in Pennsylvania, &c._, urging the discontinuance
of the Slave Trade, 201.

_Address of House to President._--In committee, on answer to the
President's Address;
clause respecting the Western expedition against the Indians under
consideration, 256;
alarm occasioned by the Greek treaty, 256;
secret articles thus early, 256;
sufferings of the people of Georgia, 286.

Encouraging navigation considered, 257;
too early for the House to commit itself, 257;
mode of expression might conduce to the exclusion of foreign bottoms, 257;
expressions of the President, 257;
amendment proposed, 257;
exclusion ruinous to Southern States, 257;
the words of the report and amendment, 257;
not be hasty to declare all exports shall be in American bottoms, 257;
tonnage duties paid in Georgia, 257;
a substitute proposed, 258;
no reason to think the House will be committed by adopting the Address, 258;
two modes of answering the Address, 258;
amendment lost, 258.

_Answer to the Presidents Speech_, debated, 532;
_note_, 532;
the House should not bow so much to the President as to approve of his
proceedings without knowing what they were, 532;
he says his policy in regard to foreign nations is founded in justice; we
intend to convey a general sentiment of approbation, 532;
the amendment proposes substantial approbation, 532;
the distinction is trifling, 532;
the mission of Mr. Jay should not be approved till we know his instructions,
532;
better withdraw the motion than to bring it forward at such an expense of
temper, 533;
motion withdrawn, 533;
amendment moved relating to self-created societies, 533;
an excitable expression, 533;
self-created societies of the country, 533;
as improper to pass a vote of censure as one of approbation, 534;
the conduct of these people had tended to blow the insurrection, 534;
objected that these societies will acquire importance by a vote of censure,
534;
amendment of no weight, 535;
leave the societies to their own conscience, 535;
this declaration from the House will tend to discourage Democratic
Societies, 535;
persons most violent against the excise laws had been equally so against the
insurgents, 535;
the President did not want them to intermeddle with the societies, 536;
the societies had produced Western insurrection, 536;
the effects of the societies, 536;
the societies composed of patriots, 537;
amendment can answer no purpose but that of disturbing the public peace,
538;
the evils arose from the excise laws, not from Democratic Societies, 538;
the Democratic Societies in a great measure originated the late
disturbances, 539;
misinformation existed, 540;
amendment lost, 540.

_Answer to President's Message to 1st Session of 4th Congress_,
considered in the Senate, 594;
nothing should be contained in it such as to force the Senate to precipitate
decisions, 594;
_note_, 594;
two clauses objectionable; our situation is not in every way auspicious,
594;
nothing reasonably objectionable, 594;
some members could not vote for the Address without palpable inconsistency,
595;
every article of the Treaty objectionable, 595;
the term "firm" applied to the Executive improper, 595;
the ratification of the Treaty in all its aspects is advisable, 595;
the objections considered, 595;
the clauses record a fact, 596;
further consideration of the objections, 596.

_Answer to President's Speech, 1st Session of 4th Congress_, considered
in the House, 605;
practice of addresses disapproved, 605;
practice coeval with the constitution, 605;
moved to strike out certain words, 606;
clause goes too far, 606;
the confidence of a part of the people was diminished, 607;
motion denies confidence of the House and the public in the President, 607;
such a thing was once supposed impossible, 607;
what are the facts? 607;
defence of the President, 608;
recommitted, 608.

_African Slaves._--Motion to bring in a bill relative to their
importation, 84.
See _Duties on Imports and Slavery_.

_Algerine War_, report of the committee on, 475;
resolution to build four ships of forty-four, and two of twenty guns
considered, 475;
cannot be done in a year, 475;
two points to be considered--do the Algerines act from their own impulse in
this matter? if so, they can be bought, 475;
if excited by Britain, they cannot be bought, 475;
there is danger of a British war from fitting out the ships, 475;
the combined powers would regard their equipment as an opportunity to pick a
quarrel, 475;
the ships would be too small to be important in Europe, 475;
British would attempt to search them, hence a quarrel, 475;
bribery alone can purchase security from the Algerines, 476;
not a match for the Algerines, 476;
harbors for American ships in Europe, 476;
views on the subject, 476;
no security if we buy a peace, 477;
an armament urged, 477;
Britain is the cause, Algiers the instrument, 477;
this expedient unlikely to answer the purpose, 477;
competency of the ships examined, 478;
the charge against Britain unfounded, 478;
this country not in a state for war, 478;
_note_, 478;
six vessels sufficient, 479;
the bill regarded as affording protection to commerce against the Algerines,
and as the foundation of a permanent Naval Establishment, 480;
various objections urged to this view, 480;
the question is simply whether our commerce requires protection against the
Algerines, and whether this is the best course to protect it, 482;
these points considered, 482;
objections to the bill reviewed, 482;
argument against a Naval Establishment considered, 482;
passage of the bill, 482.

_Allegiance, Foreign_.--See remarks of Madison and Jackson, 97 and 98.

_Amendments to the Constitution_.--Application of the Legislature of
Virginia for a convention to consider defects, and report amendments, 47;
debate, 47;
this application should remain on the files until proper number of
applicants come forward, 47;
any subject can be referred to a committee, 47;
the propriety of committing it doubtful, 47;
Congress has no deliberative power on this occasion, 48;
the application of a State should be respected and regarded, 48;
it should be entered at large on the files of the journal, 48;
so ordered, 48.

_Proper mode of amending considered_, 133;
proposition to insert after the words "We the people," in the first
paragraph, a brief clause, 133;
not the proper mode of amending the constitution, 133;
it should be done by supplement, 133;
moved to amend by a resolution declaring, "That the following articles be
proposed as amendments," &c., 133;
form of less importance than substance, but there is a neatness and
propriety here in incorporating articles, 134;
method proposed by the resolution incompatible with the constitution, which
requires amendments to form a part of the constitution, 134;
all amendments should stand separate from the constitution--see precedents,
134;
supplementary form most desirable, 134;
by incorporation the original instrument may be entirely gone, 135;
can the mode make any possible difference, 135;
how can amendments be incorporated, 135;
report of committee founded on recommendation of State conventions, 135;
the original constitution should remain inviolate, and not be patched from
time to time like Joseph's coat, 136;
_magna charta_ never altered by incorporation of amendments, 136;
arguments for incorporation considered, 136;
motion lost, 137;
see _note_, 137.

_Freedom of conscience considered_, 137;
proposition to insert the words, "no religion shall be established by law,
nor shall the equal rights of conscience be infringed," 137;
the words liable to a wrong construction--have a tendency to abolish
religion altogether, 137;
amendment unnecessary--Congress no authority to make religious
establishments, 137;
many sects think they are not well secured, and the effect of amendment will
be conciliatory for the new government, 137;
some States had desired it, 137;
reason thereof, 137;
experience of Rhode Island, 137;
apprehensions of the people, 138;
result, 138.

_Right of instruction considered._--On a motion to insert the words, "to
instruct their representatives," an amendment proposed, 138;
arguments against the right, 138;
its propriety in this country, 139;
if our constituents have a constitutional right to instruct, we are bound to
obey, 139;
the words are calculated to mislead by conveying the idea to the people that
they have a right to instruct, 139;
duty of a representative, 139;
dangerous tendency of the doctrine, 140;
what may be the consequence of binding a man to vote according to the will
of others in all cases, 140;
arguments in favor, 140; this amendment is of a doubtful nature, and will
have a tendency to prejudice
the whole system, 141;
if sovereignty resides with the whole people, they cannot, in detached
bodies, contravene an act established by the whole, 141;
the clause would not bind representatives, 141;
it will operate inconveniently to the more distant States, 141;
under its adoption, one member as good as many, 141;
no law of the House would be of force if a majority were instructed against
it, 141; subversive of the principles of
the constitution, 141;
must members violate the constitution if instructed, 142;
objections further considered, 142;
no instruction should have binding force, 143;
right of State Legislature to instruct the House opposed, 143;
absolute necessity of adopting the amendment, 143;
no right of obligation claimed for instructions heretofore, 144;
constitutions of several States recognize the right, 144;
motion lost, 144;
another motion, 144.

_Amendments_ proposed in the Senate relative to the judiciary power of
the United States, 445;
do. passed in Senate, 446.

AMES, FISHER, Representative from Massachusetts, 21, 175, 255, 315,
388, 527, 637;
on duty on molasses, 30;
on duty on hemp and cordage, 37;
moves duty on barley and lime, 38;
remarks on tonnage duties, 48;
remarks on tonnage duties, 54; on the scale of duties on imports, 59, 62,
65;
would make no bargain or compromise relative to duties on imports, 69;
further remarks, 70, 71;
opposes the motion to lay duty on African slaves, 74;
thinks a limitation of the impost bill injurious to public credit, 79;
further remarks, 80, 84; on the admission of Rhode Island, 101;
on the President's power to remove officers, 106;
on the organization of the Treasury Department, 110;
on the compensation of the Vice President, 122;
on the right of instructions, 143;
on the location of the seat of government, 158;
further remarks, 160;
on manner the Secretary of the Treasury shall make his report, 177;
on the discrimination between foreign and domestic debts, 195;
on discrimination of public creditors, 215;
moves to strike out "Potomac," and insert Germantown as seat of Government,
249;
on excise officers, 271;
further, 272;
on the commitment of the bill for a Bank of the United States, 273;
do. speech on the bank, 278;
on report of Secretary at War, 317;
on the bill for the encouragement of the Cod Fisheries, 353;
on attendance of Secretary of War, 391, 392;
on discharging Committee on defeat of St. Clair, 393;
on petition of Warner Mifflin, 397;
on official conduct of Secretary of Treasury, 436;
on the commerce of the United States, 468;
on fighting the Algerines, 477;
in favor of taxing salt, 506;
urges duties on manufactured tobacco and refined sugar, 507;
on the advance of money to France, 514;
on an increase of the army, 515;
on raising a force for protection of S. W. frontier, 517;
on the President's speech, 532;
on resolutions of thanks to General Wayne, 545;
on the renunciation of nobility for citizenship, 562;
on reference of letter of Secretary of War, 568, 569;
on the execution of the British treaty, 743.

AMY DARDIN'S horse, claim for, 763;
_note_, 763.

_Apportionment Bill, see_ Ratio of Representation;
veto of, 374;
action of the House on, 374.

_Appropriations_.--Bill for the appropriations for 1792 considered, 330;
various amendments proposed, 330;
bill recommitted, 330.

_The Right of Congress to withhold_ appropriations from existing
establishments considered, 625;
_note_, 625;
moved to strike out all appropriated for the officers of the mint, 625;
such motion cannot regularly be brought forward, 626;
the bill is conformed to the state of the public engagements, 626;
an investigation should be made on an independent footing, 626;
a discretionary power in the House to appropriate or not, 626;
when legal establishments are made, neither branch has a right to withhold
its assent to appropriations conformable to the public engagements, 626;
illustration, 626;
the House is not to pass an appropriation bill as a matter of course, 627;
amendment agreed to, 627;
in the House, moved to strike out all appropriated to the mint, 627;
motion to strike out an appropriation for the purpose of bringing the policy
of a law into discussion, is repugnant to legislative duties, 627;
doctrine of discretionary power not correct, 627;
no appropriation should obtain sanction unless the House were convinced of
the propriety of the law, 627;
otherwise the House becomes a mere office for registering edicts, 628;
House has no right to obstruct the operation of the laws while they exist,
628;
otherwise, the House has a right to refuse an appropriation to pay a just
debt, 628;
a constitutional view, 628;
mode of getting rid of an establishment by refusing appropriations not the
constitutional one, 628;
expenditure of Washington's administration, _note_ 629.

_The bill providing appropriations_ for military, &c. establishments
considered, 763;
debate on the value of rations and the amount appropriated, 764;
the army had been reduced, but not the expenses, 764;
various sums proposed for the gross amount for different objects, 765;
other items considered, 766;
_note_ 767.

ARMSTRONG JAMES, votes for, as Vice President, in 1789, 10.

ARMSTRONG JAMES, Representative from Pennsylvania, 455, 528.

_Army, Memorial of Officers of_, 397.

_Army, Reduction of_--Resolution for the appointment of a committee to
bring in a bill for the reduction of the United States Military
Establishment considered, 398;
reasons and necessity of the motion, 398;
expenses, charges, and increase of the War Department, 398;
_note_, 398;
the protection of the frontiers considered if the army is disbanded, 399;
amount of reduction suggested, 399;
expense of militia expeditions, 399;
improper time to disband the army when negotiations of peace are going on,
399;
been warring with our finances to keep up an army, 400;
dangerous so suddenly to alter the system, 400;
strange statements of members considered, 400;
referred to Committee of the Whole, 401;
calculations examined, 401;
circumstances requiring a force, 401;
history of the frontier wars, 402;
superiority of regular troops over militia shown, 402;
case of Major Adair, 402;
successes of Clark and Sevier, 402;
improper to take militia to fight Indians, 403.

Improper to adopt the motion under the present circumstances of the country,
404;
former law gave President power to exercise his discretion, 404;
have circumstances so changed as to render it proper for the Legislature to
interfere? 404;
the great object of the additional armament is peace, 404;
cannot rely upon the backwoods riflemen to turn out as often as wanted, 404;
the President has practised economy in organizing the troops voted for, 404.

The motion only goes to prevent the raising any more troops, it does not
disband a man, 405;
militia always more spirited soldiers, and fitter for fighting the Indians
than regulars, 405;
experience with militia, 405;
no peace can be obtained from the Indians unless dictated by British agents
in Canada, 406;
any immediate alteration of the system dangerous under present
circumstances, 406;
the spirit of the motion in regard to the prevention of standing armies is
good, 407;
the reduction of the military establishment will neither put an end to the
savage war, nor to the enormous expense, 407;
consider the state of the exposed parts of the Union, 407;
these people demand the protecting arm of Government, 408;
commenced wrong in warring with the Indians, 408;
if public officers have misapplied the public money, the constitution
pointed out a mode to punish them, 408;
the defence of the frontier is of superior concern to the redemption of the
public debt by savings to be made by a reduction of the army, 408;
a particular plan is set in operation, and it should be tried, 409;
confidential communications referred to, 409;
this protection of the frontiers is a test of the Government, 409;
this Indian war differs from any other, 410;
not sufficient information respecting the prospect of peace to warrant a
reduction of the army, 410;
any abuses in the war establishment are insignificant, 410;
regular troops grow experienced, and by a line of forts trade can be
cultivated with the Indians, 411;
the most important question before the House--on its decision are suspended
the hopes of the people for peace and their fears of a standing army, 411;
the principle of keeping up standing armies, though highly obnoxious to the
people, has not been equally so to the Government, 411;
effects of standing armies, 411;
much deliberation is not necessary to form an opinion of military
establishments, 411;
the arguments of the opponents lead to four points, 412;
these points considered, 412;
although a war establishment is objectionable, this system should not be
arrested at the moment of its efficiency, 414;
a standing army is impossible so long as this House holds the purse-strings,
414;
motion lost, 415;
further considered, 416.

_The Pay of Soldiers proposed_ to be increased from three to four dollars
per month, 459;
motion to add a fifth dollar, 459;
no proportion between the wages of ordinary labor and that of military
service, 459;
it was justly due, 460;
no reason for this increase of wages, 460;
better to increase the rations, 460;
six dollars had secured some of the most respectable kind of people in
Pennsylvania, 460;
further considerations offered, 461;
motions withdrawn, 461.

_Bill to increase the Army_, lost, 511;
bill to increase the military force and to encourage recruiting, considered,
515;
principle of the bill wrong, 515;
is it proper to intrust the President with a discretionary power to raise an
army of ten thousand men owing to the particular state of the country? 515;
if we have war, it is economy to be prepared beforehand, 515;
no danger to trust the President, 515;
the force can be discontinued at our pleasure, 515;
it would involve the country in useless expense, 515;
the interests of the country promoted by vesting the President with this
power, 515;
what would be the consequence if he cannot make preparation when he sees the
war approaching, 516;
no such immediate prospect of war as could induce the House to violate the
constitution, 516;
under the constitution one branch of the government raises an army, and the
other conducts it, 516;
it encroaches upon a salutary principle of the constitution, 516;
bill rejected, 516.

_Amendments of the Senate_, fixing the military establishment considered,
759;
number of troops sufficient without this amendment, 759;
amendment to keep a larger number of troops, negatived, 759;
moved to retain the Major General, 759;
question debated, 760;
lost, 760.

_Arts useful_, to promote progress of, 259.

ASHE JOHN BAPTIST, Representative from North Carolina, 239, 259, 317.

_Assumption of State Debts.--See_ Treasury, Report of Secretary of.

B

BAILEY THEODORE, Representative from New York, 455,527, 604.

BAIRD DAVID, Representative from Pennsylvania, 604.

BALDWIN ABRAHAM, Representative from Georgia, 42, 175, 255, 317, 388,
455, 527, 604;
on the practicability of collecting duties, 63;
on organization of Treasury Department, 93;
on the preparation of estimates by the Secretary of the Treasury, 113;
on the compensation of the President, 116;
further remarks, 119;
on power of Congress to interfere with slavery, 209;
presides in Committee of the Whole, 216, 220, 221, 228;
on memorial of officers of Navy, 240;
on vacancy in the Presidency, 269;
on ratio of representation, 322;
on the meeting of the Electoral College, 333;
on the preparations for the Algerine war, 476;
on admission of the delegate south of the Ohio, 530;
on a salary for members of Congress, 636;
on a stenographer for the House, 631;
on Post-roads, 637;
on rights of the House relative to treaties, 659;
on the admission of Tennessee, 756.

_Bank of the United States._--On the passage of a bill from the Senate to
incorporate the subscribers to the Bank of the United States, 272;
recommittal moved, 272;
various objections to the bill, 272;
no argument in favor of a bank can be deduced from Great Britain, 272;
no necessity for a bank, 273;
plan unconstitutional, 273;
Government has power to borrow money and therefore had a right to create
capital to facilitate it, 273;
its operation benefits all parts of the Union, 273;
bill should be recommitted as too important to pass without discussion, 273;
other objections urged, 273;
clause of constitution respecting monopolies refers to commercial
monopolies, 273;
no sufficient reason for recommitment, 273;
fault of members if they have not offered their objections, 274;
motion for recommitment lost, 274;
put on its final passage, 274;
advantages and disadvantages of banks, 274;
is the power of establishing an incorporated bank vested by the constitution
in the Legislature of the United States? considered at length, 275;
rules of interpretation, 275;
clauses upon which constitutional power is based, 275;
general welfare clause, 275;
various answers to it, 275;
former bank no precedent, 275;
this is not a bill to borrow money, 276;
the clause, "All laws necessary and proper," &c., does not give unlimited
discretion to Congress, 276;
the Government is of limited and enumerated powers, 276;
consequences of considering that the power to borrow authorizes the creation
of means to lend, 276;
various objections urged, 277;
distinction between a power necessary and proper for the Government, and a
power necessary and proper for executing an enumerated power, 277;
contemporary expositions of the constitution, 277;
if the power is in the constitution, its immediate exercise is not
essential, 278;
motion to recommit lost, 278;
bill put on its passage, 278.

Little doubt of the utility of banks, 278;
constitutional question examined, 279;
may Congress exercise any powers not expressly given in the constitution but
deducible by a reasonable construction of it, and will such construction
warrant the establishment of a bank? 279;
the doctrine of implied power has been a bugbear to many, 279;
danger of implied power does not arise from its assuming a new principle,
279;
not exercising the powers we have may be as pernicious as usurping those we
have not, 279;
if some interpretation of the constitution may be indulged, by what rules is
it to be governed, 280;
Congress may do what is necessary to the end for which the constitution was
adopted, if not repugnant to natural rights or reserved powers, 280;
as the bank is founded on the free choice of those who use it, and highly
useful to the people and government, a liberal construction is natural and
safe, 280;
a presumption in favor of its conformity to the constitution, 280;
necessity of a bank to other Governments, 280;
if war should suddenly break out here, is Congress to provide for it? 280;
objected, that necessity is the tyrant's plea, 280;
how does Congress get the right to govern the Western Territory, 281;
is the establishment of a national bank a violent misinterpretation of the
constitution, 281;
are corporate powers incidental to those which Congress may exercise by the
constitution, 281;
Congress may exercise exclusive legislation in certain places--of course
establish a bank, 281;
the preamble to the constitution warrants the remark that a bank is not
repugnant to its spirit and essential objects, 281;
Congress may exercise all necessary powers, 282;
constitutionality never before doubted, 282;
the whole business of legislation is a practical construction of the powers
of the Legislature, 282;
immense difficulties to be surmounted on all important questions, 282;
whenever a power is delegated for express purposes, all the known and usual
means for the attainment of the objects are conceded, 282;
if banks are among the known and useful means to facilitate and effectuate
the ends of Government, the argument is irrefragable and conclusive to prove
the constitutionality of the bill, 283;
the utility of banks, 283;
answer to various objections, 284;
silence of the people is presumptive that they regard the measure as
constitutional, 284;
every power necessary to secure the great objects of the constitution must
necessarily follow, 284;
the power of removability had been construed, it was as
important as the present, 285;
numerous objections considered, 285;
the expediency of banks considered, 285.

Latitude in construing the constitution to be reprobated, 285;
bill will interfere with State rights, 285;
arguments drawn from implication considered, 286;
that banks may exist without a charter reprobated, 286;
construction of powers considered, 286;
the powers relative to finance do not warrant the adoption of any powers
thought proper, 286;
power over Western Territory had reference to property already belonging to
the United States, 286;
necessity of proposed institution denied, 286;
general welfare clause, 286;
European banks, 286;
facility of borrowing will involve the Union in irretrievable debts, 287;
a geographical line divides friends and opponents of the measure, 287.

Is Congress vested with power to grant privileges contained in the bill?
considered, 287;
what rights will this company enjoy in this new character that they did not
enjoy independent of it, 287;
the bank must be a legally artificial body composed of these rights, 288;
is not this simple power fairly to be drawn by necessary implication from
those vested by the constitution in the legislative authority? 288;
not express but necessarily deduced, 288;
peace is preserved by being always prepared for defence--this is a duty of
Congress, but it must borrow money to secure it, which a bank can aid, 288;
banks only are reliable for borrowing money, 289;
a national bank is the necessary means for this end, 289;
numerous powers have been exercised which were deduced by implication, 289;
if power was given to raise an army, the making provision for all the
necessary supplies and incidental charges was included, 290;
quotations from the Federalist, 290;
some objections to a bank considered, 291;
no preference shall be given to one part of the Union over another, not an
objection, 291;
this clause inserted for a particular purpose, 292;
expediency of a national bank, 292;
divisions of opinion in Philadelphia, 292;
instances of implied powers exercised, 292.

Members vary widely in their opinion of the direction of the Government,
292;
the Continental debt has travelled eastward of the Potomac, this law is to
raise the value of that paper, 292;
implication a serpent that may sting and poison the constitution, 293;
it destroys the principle of the Government at a blow, 293;
it is agreed that the power is not expressly granted but implied, yet it is
not agreed as to the particular power to which this is an incident, 293;
latitude of principles premised reprobated, 293;
the form not only points to the ends of Government but specifies the means,
293;
if all laws proceed from expediency, what becomes of the constitution? 293;
the idea that no implication should be made against the law of nature, &c.,
is hostile to the main principle of our Government, 293;
review of precedents in the former and present Congress which are relied on
to justify the measure, 294;
arguments of its advocates considered, 295;
there is no necessity, no occasion for a bank, 295;
propriety of its adoption not manifest, 296;
source of all the arguments in favor of the measure, 296;
arguments in favor of the measure, or the doctrine of implication
considered, 297;
authority to grant charters in general, 297;
preamble of the constitution, 297;
other clauses, 297;
general welfare clause, 297;
to regulate commerce, 298;
the terms "necessary," and "proper," 298;
exclusive jurisdiction considered, 298;
derived from its incidentality to the mere creation and existence of
government, considered, 298;
does it not interfere with rights of States? 299;
expediency of the measure considered, 299;
the right of exercising this authority problematical, 300;
death will be the penalty of counterfeiting, thus a life at stake on one
hand, and an improvident act on the other, 300;
two modes of administering the government, 300;
objections to the bill in detail, 300;
unconstitutionality considered, 300;
Blackstone's rules of interpretation, 301;
what is the meaning of the word "necessary," 301;
rules of Blackstone applied, 302;
this mode of interpretation compared with that of opponents of the bank,
303;
the usage of Congress considered, 303;
sense of the Federal Convention considered, 304;
no such consequence as a monopoly can result from the bill, 305;
Congress cannot give authority to purchase land, considered, 305;
the sense of the Continental Convention is regarded differently by senators,
305;
the restriction contended for would annihilate the most essential rights of
the citizens, 305;
origin of corporations, 305;
various objections illustrated, 305.

Warmth and passion should be excluded from this question, 306;
the powers proposed to be given do not exist antecedent to the
incorporation, 306;
various arguments examined, 306, 307;
defects of the bill, 307;
previous question moved, 308;
bill passed, 308.

Motion made in the Senate to exclude Bank officers and stockholders from
Congress, 445;
amendment proposed, 446;
amendment to the amendment passed, 446;
further amendments considered, 446.

BARNWELL, ROBERT, Representative from South Carolina, 317, 390;
on ratio of representation, 322;
on the cod fisheries, 356;
on official conduct of the Secretary of the Treasury, 421, 426.

BASSET, RICHARD, Senator from Delaware, 9, 251, 313, 383;
appointed on Judiciary Committee, first Congress, 10;
on committee on rules in cases of conference, first Congress, 10;
on manner of electing chaplains, 10;
on rules of business, 10.

BEATTY, JOHN, Representative from New Jersey, 455, 527.

BECKLEY, JOHN, elected Clerk of the House, 21,315, 604.

_Beef, Salt._--Duty on, opposed and rejected, 34.

_Beer, ale and porter_, in bottles or casks, 33;
duty on, 34;
beer, duty on, 113.

BENSON, EGBERT, Representative from New York, 23,175, 255, 317, 388;
on committee for reception of President, 27;
reports on reception of President to the House, 33;
reports from committee on administering the oath to the President, 45;
moves the organization of three executive departments, 85;
further remarks, 85;
on a Board of Treasury or Superintendent of Finance, 92;
on the Treasury Department, 109;
on the form of amending the constitution, 135;
on manner in which Secretary of Treasury shall make his report, 177;
on motion to discriminate among the public creditors, 217;
presides in Committee of the Whole, 229;
on vacancy in the Presidency, 268, 270;
on the stamp of American coins, 372.

BENTON, LEMUEL, Representative from South Carolina, 519, 555.

_Bills, Money._--Power to originate, 110;
do. enrolled--a standing committee ordered, 129.

BINGHAM, WILLIAM, Senator from Pennsylvania, 591.

BLAIR,----, chosen chaplain of the House, 316.

BLAND, THEODORICK, Representative from Virginia, 21;
remarks on duties on imports, 28;
on duty on Madeira wine, 31;
opposes a duty on salt beef, 34;
regards duty on nails, &c., unequal, 38;
presents application of Virginia for amendment of constitution, 47;
remarks, 47;
advocates low duties on imports, 61;
urges appointment of committee of conference on first disagreement between
the two Houses, 67;
urges limitation of the impost bill, 78;
in the power of the President to remove officers, 87;
further remarks, 89;
believes the power of Congress to require oaths of State officers.

BLOODWORTH, TIMOTHY, Representative from North Carolina, 255;
on excise bill, 265;
further remarks, 271;
Senator from Maryland, 591.

BLOUNT, THOMAS, Representative from North Carolina, 455, 527, 604;
the right to Indian lands within a State, 578;
on intruders on Indian lands, 585;
on the admission of Tennessee, 755, 757.

BLOUNT, WILLIAM, Senator from Tennessee, 602.

BOUDINOT, ELIAS, Representative from New Jersey, 21, 175, 255, 315,
388, 455, 527;
informs the Senate of the readiness of the House to meet them and count the
electoral votes, 10;
urges scale of duties on imports proposed by Congress in 1783, 23;
engages in the debate, 26;
further speech, 27;
on duty on distilled spirits, 28;
do. on molasses, 28;
on duty on Madeira wine, 32;
on duty on hemp, 36;
favors duty on teas, 42;
reports on reception of President, 44;
opposes high duties, 44;
on the application to amend the constitution, 47;
reviews objections to high and low duties in regard to collection, 63;
on no limit to the impost bill, 78;
further remarks, 83;
moves organization of executive department, 85;
further remarks, 85;
on the power of the President to remove officers, 88;
whether the treasury shall be composed of one or many officers, 93;
on the duties of Secretary of the Treasury, 110;
on providing house and furniture for the President, 117;
further remarks, 119;
on pay of Vice President, 122;
presides in Committee of Whole, 126;
on amount of pay of members, 132;
further remarks, 133;
presides in Committee of the Whole, 145;
moves Potomac, Susquehanna, or Delaware, instead of east bank of Susquehanna
for seat of Government, 162;
on importance of the report of the Secretary of the Treasury, 182;
on the assumption of the State debts, 194;
further remarks, 197;
on the constitutional right of an attempt to depress the slave trade, 203;
remarks on the motion to discriminate among public creditors, 207;
further remarks, 211;
on Pennsylvania memorial, 235;
moves to strike out "Potomac," and insert "Delaware" for seat of government,
249;
offers resolution for a land office, 260, 261;
on the commitment of the bill for a Bank of the United States, 274;
speech on the bank, 287;
on report of Secretary of War, 317;
on the ratio of representation, 320;
further remarks, 324:
on the petition of Catherine Greene, 336;
against attendance of Secretary of War, 391;
on discharging committee on defeat of St. Clair, 394;
on official conduct of Secretary of Treasury, 430;
on the pay of soldiers, 460;
on the flag of the Union, 461;
on the French emigrants from St. Domingo, 463;
do. on the relief of do., 474;
on the embargo, 480;
on the legality of the sequestration of British debts, 484;
on non-intercourse with Great Britain, 495;
on admitting the delegate south of the Ohio, 529;
further do., 531; on the coinage of cents, 546;
on indemnification to sufferers by Pennsylvania insurgents, 547, 549;
do. on the Pennsylvania insurgents, 552;
on amending the naturalization laws, 555;
on the requirements of titled foreigners for citizenship, 561;
on reference of letter of Secretary of War, 567;
on the reduction of salaries, 572;
on the right to Indian lands within a State, 578, 580.

BOURNE, SYLVANUS, appointed by the Senate to notify John Adams of his election as Vice-President, 10.

BOURNE, BENJAMIN, Representative from Rhode Island, 260, 315, 388,
457, 528;
on amending the naturalization laws, 559;
on post roads, 637;
on a salary for members of Congress, 637;
on the rights of the House relative to treaties, 666;
on the military and naval appropriation, 764.

BOURNE, SHEARJASHUB, Representative from Massachusetts, 315, 388,
455, 528;
on the Cod Fisheries, 363.

BRADBURY, THEOPHILUS, Representative from Massachusetts, 604.

BRADFORD, WILLIAM, Senator from Rhode Island, 445, 520, 591.

BRADLEY, STEPHEN R., Senator from Vermont, 313, 380, 444, 523.

BRENT.--On the rights of the House relative to treaties, 666.

_Bribery_.--Case of Robert Randall considered, 609;
charges, 609, 610;
arrest of Randall and Charles Whitney, 611;
time given to prepare for defence, 611;
debate thereon, 611;
further statement of the case, 612;
charges against Randall and against Whitney, 613;
petition of Randall for counsel considered, 614;
report on further proceedings, 614;
considered, 615;
information against accused, 617;
counsel of Randall, 618;
examination of members, 619, 620;
resolutions on the case, 621, 622;
case of Whitney, 622;
debate thereon, 623;
Whitney discharged, 624.

BROWN, JOHN, Representative from Virginia, 175, 255, 315;
on Quaker memorial, 229.

BROWN, JOHN, Senator from Kentucky, 380, 444, 520, 591.

BRYAN, NATHAN, Representative from North Carolina, 604.

BUCK, DANIEL, Representative from Vermont, 606.

BURKE, EDANUS, Representative from South Carolina, 27, 175, 255;
on low price of staples in South Carolina, 37;
opposes duty on salt, 38;
on tonnage duties, 50;
favors effective tonnage duties, 54;
opposes any title for President, 66;
urges low salaries in consequence of embarrassed finances, 122;
brings in a bill for compensation of members and officers, 129;
on the right of instructions, 144;
on the admission of foreigners, 188;
one year too short a term for naturalization, 189, 190;
opposes the commitment of the Quaker memorial, 202;
Pennsylvania memorial unconstitutional, 208;
further remarks, 229;
on memorial of officers of navy, 240;
on a seat of Government, 243;
further remarks, 246;
on vacancy in the Presidency, 270.

BURGES, DEMPSEY, Representative from North Carolina, 604.

BURR, AARON, Senator from New York, 309, 441, 520, 591;
vote for, as Vice-President in 1793, 386;
on resolutions relative to presentation of French flag, 601.

BUTLER, PIERCE, Senator from South Carolina, 15, 168, 251, 309, 380,
442, 591;
on answer to the President's speech, 594;
on consideration of resolution relative to presentation of French flag, 598;
on resolution relative to presentation of French flag, 599.