Chapter M (2)
SINNICKSON, THOMAS, Representative from New Jersey, 27, 175, 255;
on duty on beer, 34;
opposes a limit to the impost bill, 77;
further remarks, 83;
appointed on a committee to draft a bill relative to the importation of
African slaves, 84.
SITGREAVES, SAMUEL, Representative from Pennsylvania, 604;
on the admission of Tennessee, 758.
_Slavery and Slave Trade._--Address of the annual assembly of Friends in
Philadelphia, and one of the society of Friends in New York, against
the continuance of the slave trade, considered, 201;
motion to refer to a committee, 201;
contrary to usual proceeding to commit to-day, 201;
why is its second reading pressed to-day? 201;
reference urged, 201;
no apprehension from commitment at once--constitution secures the rights,
202;
any measures indicative of an intention to interfere may sink the value of
this kind of property, 202;
men have come here to meddle in a business with which they have nothing to
do, 202;
the memorialists are influenced by motives of benignity, 202;
if the importation was crushed, the value of the slave would be increased
instead of diminished, 202;
if it was abolished through interference of General Government, it would
evince a disposition to total emancipation, and the property be in jeopardy,
202;
is the whole morality of the United States confined to Quakers? 203;
the petition desires an unconstitutional act, 203;
no foundation for apprehension, 203;
it is proper to commit the petition, 204;
no importance to the question unless members made it so, 204;
the memorialists should be dismissed, 204;
petition laid over, 205;
memorial of Pennsylvania Society for abolition of slavery, 207;
memorial of Friends in Philadelphia read second time, 208;
petition of Friends contains unconstitutional requests, 208;
any thing unconstitutional denied, 208;
it prayed for an unconstitutional measure, and its commitment would sound
alarm, 208;
strictly constitutional, 208;
no difficulty in committing the memorial--committee would understand their
business, 209;
language of the constitution on the importation of slaves, 209;
it prays for the abolition of slavery, 209;
the present is not a time to consider the subject, 209;
the present a proper time to determine the constitutional limits, 209;
no power in the House to grant the prayer, and therefore unnecessary to
commit, 209;
jealousy of Southern States, 210;
the States would never have entered the confederacy if their property had
not been guaranteed to them, 210;
the memorialists do not ask total abolition of the slave trade, but that
Congress will consider if they can exercise justice and mercy, 210;
no tendency in the commitment to break in on the constitution--the object is
worthy of consideration, 211;
the interference of Congress compatible with the constitution, 211;
nothing in the petition like what was complained of, 211;
the petitioners pray Congress to take measures for abolition of slave trade,
211;
commitment carried, 211;
debate on the report upon the memorial of the people called Quakers, 229;
moved to strike out the first paragraph, 229;
contents of report, 229;
total prohibition not produce difficulties, 229;
particulars which took place in the course of the investigation of the
business, 229;
pernicious consequences likely to flow from interference of Congress, 229;
humane treatment of the slaves, 229;
Quakers enemies of freedom, 229;
warm altercation, 229;
injustice of the measure of interference, 230;
powers of Congress respecting slavery and slave trade, 230;
an indecent attack on the character of certain States, 230;
interference contrary to Quaker principles, 230;
where does the power of manumission reside? 230;
plans of the friends of emancipation, 231;
negroes are inferior race, 231;
slavery is no new thing, 231;
does slavery weaken the Southern States? 231;
is public opinion against slavery? 232;
this squeamishness is very extraordinary, 232;
consequences of emancipation, 233;
if importation prohibited, will that species become extinct? 233;
will the abolition strengthen South Carolina? 233;
does toleration of slavery bring reproach on America? 233;
does slavery vitiate and debase the mind of the owner? 234;
was South Carolina wanting in patriotism? 234;
the cruel mode of transportation, 235;
the clause in the constitution was designed to apply expressly to negro
slaves, 235;
now is the time to declare the sense of Congress, 236;
irregularities of the course of the debate, 236;
Paley on slavery, 236;
the genius of the government in relation to slavery and slave trade, 237;
characters of the signers of the memorials, 237;
character of Franklin, 238;
moved to take up report of Committee of the Whole, 238;
every principle of policy and concern for the dignity of the House and peace
of the country requires it to be dropped, 238;
reasons for taking it up, 238;
ordered that report and memorials be inserted in the journal, 338;
_note_, 239. _See Duties_ on imports, 73.
_Abolition Petitions._--Petition of Warner Mifflin on negro slavery
considered, 397;
after what has passed, the subject is started again, 397;
if a stop is not put to such proceedings, the Southern States would be
compelled to apply to the General Government for their interference, 397;
moved that the paper be returned to the Clerk, &c., 397;
on the general principle every citizen has a right to petition the
Legislature, 397;
the subject is not properly before the House, 397;
every citizen has a right to petition for a redress of grievances, but the
present paper is mere rant, and concludes with no specific prayer, 397;
if favorably received, it would occasion alarm in the Southern States, 397;
motion agreed to, 397.
_To prohibit carrying_ on the slave trade, bill considered, 480;
amendments proposed, 480;
ordered to be engrossed, 480.
_To require foreigners_ to renounce their slaves before admission to
citizenship--motion, 558;
debate thereon, 558;
motion withdrawn, 560;
do. renewed, 566;
do. vote on, 566.
_Slaves, African._--Duty on importation, proposed, 73;
debated, 73;
deported, of the Revolution, 525;
importation of, _see Duties_ on imports.
SMILIE, JOHN, Representative from Pennsylvania, 455, 528;
on the pay of soldiers, 459;
on the relief of the French emigrants, 474;
on the preparations for the Algerine War, 478;
against increase of the army, 515;
on reference of letter of Secretary of War, 568.
SMITH, ISAAC, Representative from New Jersey, 604;
on the rights of the House relative to treaties, 675.
SMITH, ISRAEL, Representative from Vermont, 317, 388, 455, 527, 604.
SMITH, JEREMIAH, Representative from New Hampshire, 315, 388, 455,
527, 604;
on election of President, 334.
SMITH, NATHANIEL, Representative from Connecticut, 609.
SMITH, SAMUEL, Representative from Maryland, 455, 555, 605;
on the reception of the French emigrants from St. Domingo, 462;
do. on the relief of do., 474;
on the commerce of the United States, 473;
on the Algerine War, 476;
on the sequestration of British debts, 483;
on the renunciation of nobility for citizenship, 562;
on establishing Indian trading houses, 639;
on the execution of the British treaty, 732;
on the army establishment, 760.
SMITH, WILLIAM, Representative from Maryland, 21, 175, 255;
opposes high duties, 33;
appointed on Committee of Supplies, 46;
opposes law of tonnage duties, 54;
on the site for the seat of Government, 166.
SMITH, WILLIAM, Representative from South Carolina, 27, 175, 255,
315, 388, 455, 527, 604;
his eligibility, 33;
opposes duty on salt, as it will lead to dissatisfaction, 39;
opposes present consideration of duty on African slaves, 73;
favors limiting the period of impost bill, 79;
on power of President to remove Secretary of State, 86;
remarks on diseligibility, 94;
on the President's power of removal, 102;
on the compensation of Vice President, 122;
on the mode of amending the constitution, 134;
further remarks, 136;
on the obligation of instructions, 139;
on the constitutional requirement for a seat of Government, 159;
reports an answer to the President's speech, 178;
on the propriety of restraints to naturalization, 186;
further remarks, 188;
offers resolutions on public credit, 190;
benefits of a funded debt, 191;
fund or pay, 200;
opposes reception of the Quaker memorial, 203;
unnecessary to commit Pennsylvania memorial, 209;
further remarks, 211, 230;
discrimination of public creditors, 214;
on answer to President's message, 257;
further remarks, 257, 258;
on a seat of Government, 248;
offers resolution relative to eulogium of Dr. Franklin, 259;
on vacancy in the Presidency, 267, 269;
on the commitment of the bill for a Bank of the United States, 272;
speech on the bank, 291;
further, 296;
is a resignation a constitutional vacancy? 329;
on emblems on American coins, 371;
on discharging the committee on defeat of St. Clair, 393;
on reduction of the army, 400;
reports a bill to regulate the claims of invalid pensions, 406;
reports mode of examining votes for President, &c., 417;
on reference to Committee of the Whole the resolutions relative to the
official conduct of the Secretary of the Treasury, 418;
on official conduct of the Secretary of the Treasury, 422;
on the result of the votes on, 439;
on the commerce of the United States, 464;
on the propriety of sequestering the British debts, 485;
in favor of continuing the embargo, 499, 502;
urges duties on manufactured tobacco and refined sugar, 507, 509;
on the delegate south of the Ohio, 529;
on the President's speech, 534;
on thanks to General Wayne, 542, 543;
on damages by Pennsylvania insurgents, 547;
on the renunciation of titles for citizenship, 563, 565;
on reference of the letter of the Secretary of War, 567;
on the reduction of salaries, 573;
on the right to Indian lands within a State, 577;
on the attempt at bribery by Robert Randall, 609;
on the Randall bribery case, 614;
on the resolution relative to bribery, 621;
on the support of existing establishments, 625;
on call for papers relative to British treaty, 640;
on the rights of the House relative to treaties, 651;
on the admission of Tennessee, 756;
on the military and naval appropriation, 764, 765, 766.
_Snuff_, duty fixed, 41.
_Spirits_, all other, duty on, 113.
SPRIGG, THOMAS, Representative from Maryland, 458, 566.
_South Carolina_, vote for President, 10, 385.
STANTON, JOSEPH, Jr., Senator from Rhode Island, 254, 309, 383.
_State Department_, bill to establish, considered, 15;
Secretary of, called before the Senate to give explanations, 16;
practice now superseded, _note_, 16. _See_ _Executive
Department_.
_State, Secretary of_, mode of appointment, 86;
how removed, debate on, 86.
ST. CLAIR, GENERAL, defeat of, considered, 390;
resolution requiring the attendance of the Secretary of the Treasury and the
Secretary of War in the House, to furnish information needed for an
investigation of the causes of St. Clair's defeat, 390;
moved to strike out so much as requires the attendance of the Secretaries,
390;
resolution improper--the Secretaries are not impeached, 391;
importance of the information they can give, 391;
the information had better be in writing, 391;
the measure would introduce a bad precedent, 391;
a thorough investigation, highly important, 391;
this mode the best possible, 391;
not necessary in the present state of the business, 391;
the information must be had, 391;
no advantage to arise from adopting the resolution, 391;
now is not the proper time to call for information, 392;
remarks on the report, 392;
importance of the investigation, a million dollars involved, 392;
peculiar position of the Secretaries, 392;
both implicated in the failure of the expedition, 392;
resolution lost, 393;
motion to discharge the Committee of the Whole, 393;
the only proper course is to consider the report, 393;
report perfectly satisfactory, 393;
what is the situation of those implicated in the failure? 394;
no disposition to smother inquiry, 394;
the House can get through the subject in a shorter time than a committee,
394;
shall the House or a select committee establish the facts, 394;
effects of finding some of the officers culpable by either, 394;
uniform practice of the House to recommit, 394;
Secretaries attended only once on the committee, and were anxious to leave,
395;
in the case of the contested election the House reserved the right of
establishing the facts, 395;
other points considered, 395;
recommitment agreed to, 395.
_Steel, Unwrought_, duty on, proposed, 35;
adopted, 36.
STEELE, JOHN, Representative from North Carolina, 315, 388;
on ratio of Representation, 322;
on discharging committee in case of St. Clair, 395;
on petition of Warner Mifflin on negro slavery, 397;
on the reduction of the army, 398;
further remarks, 403, 407, 411.
STERRETT, SAMUEL, Representative from Maryland, 315, 410.
_Stenographer to the House_, debate on, 629;
object to find a person who would satisfy the House and the public, 630;
other considerations urged, 631, 632.
STONE, MICHAEL JENIFER, Representative from Maryland, 102, 175;
on the compensation of the President, 117;
further remarks on amount, 119;
do. Vice President, 122;
opposes discrimination in the pay of members of the two Houses, 126;
on the mode of amending the constitution, 135;
further remarks, 135;
opposes the amendment of constitution relative to the right of instruction,
141;
on the location of a seat of Government, 152;
do. on Harrisburg as a seat, 153;
further remarks, 166;
on the powers of Congress and rights of the States respecting naturalized
citizens, 188;
thinks interference with the importation of African slaves will tend to
depreciate their value, 202;
on discrimination among the public creditors, 221;
on memorial of officers of navy, 240;
on a seat of Government, 243;
on price of public lands, 261;
further remarks, 262;
on excise bill, 263;
further remarks, 267, 271;
speech on the Bank of the United States, 292.
_St. Paul's Chapel_, service at, upon the inauguration of Washington, 12.
STRONG, CALEB, Senator from Massachusetts, 9, 168, 309, 380, 445,
523, 591;
on committee on rules of first Congress, 10;
on manner of electing chaplains, 10;
on rules of business, 10;
appointed on Judiciary Committee, first Congress, 19;
on committee to wait on Vice President, 11;
on the resolution relative to the presentation of the French flag, 598.
STURGES, JONATHAN, Representative from Connecticut, 21, 175, 255,
315, 388.
_Sugars_, duty on, 33.
SUMTER, THOMAS, Representative from North Carolina, 175, 320, 388;
on the location of a seat of Government, 151;
opposition to bill organizing State Department, 108;
on the petition of Catharine Greene, 338, 341.
SWANWICK, JOHN, Representative from Pennsylvania, 604;
on establishing Indian trading houses, 625, 634;
on a stenographer for the House, 629, 631;
on rights of the House relative to treaties, 642;
on the execution of the British treaty, 707;
on the sense of the House relative to the British treaty, 751.
SWIFT, ZEPHANIAH, Representative from Connecticut, 457, 527, 604;
on conducting the Algerine war, 478;
on the legality of sequestering the British debts, 491;
on the constitutionality of admitting a territorial delegate, 528, 530;
on indemnification to sufferers by Pennsylvania insurgents, 547, 548, 552;
on establishing Indian trading houses, 624;
on the pay of the Speaker, 638, 639;
on the resolutions relative to the refusal of the President to furnish
papers on the British treaty, 701.
SYLVESTER, PETER, Representative from New York, 43, 175, 255, 315,
389;
on oaths of State officers, 52;
favors limitation of impost bill, 83;
on the impeachment clause of the constitution, 88;
on Pennsylvania memorial, 209.
T
TALBOT, SILAS, Representative from New York, 455.
_Tanners of Newark, N. J._, petition of, 360;
referred to committee, 364;
do. of New York, 370.
TATOM, ABSALOM, Representative from North Carolina, 604.
TAYLOR, JOHN, Senator from Virginia, 445;
do. resigned, 524.
TAZEWELL, HENRY, Senator from Virginia, 524, 594;
on answer to President's speech, 596;
on resolutions relative to presentation of French flag, 600.
_Teas_, duty on, considered, 32;
proposed duty on, 41;
debated, 41;
duty fixed, 42.
TELFAIR, EDWARD, votes for, as Vice President, in 1789, 10.
_Tennessee_, bill for laying out, before the Senate, 601.
_Tennessee, Admission of_, report relative to territory south of the Ohio
River considered, 754;
the people inhabiting any territory of the United States, cannot of their
mere will and pleasure, and without the consent of Congress, erect themselves
into a separate and independent State, 754;
a law might be passed now to provide for it, 754;
no reason for objecting to receive those people as a State, 755;
the State Government is already organized and in operation, 755;
statement of proceeding in Tennessee, 755;
under the ordinance they had a clear right to be admitted, for they had the
population required, 755;
one State preferable to two, 755;
the Government is Republican, and the population adequate to admit the State
at once, 756;
course of proceeding which should have been taken, 756;
terms of the compact considered, 757;
constructions of the compact, 758;
right claimed for the people, 759;
resolution reported by committee adopted, 759;
moved that some law should be passed by Congress recognizing the territory
as a State before they were admitted into the Union--negatived, 759.
_Territories._--_See Delegate from Territories._
THATCHER, GEORGE, Representative from Massachusetts, 21, 175, 255,
315, 388, 455, 527, 604;
on duty on molasses, 29;
do. on salt beef, 34;
on the flag of the Union, 461;
on the Randall bribery case, 615.
THOMAS, RICHARD, Representative from Pennsylvania, 604.
THOMPSON, CHARLES, appointed by the Senate to notify Washington of
his election, 10;
writes to the Senate respecting his notification of Washington, 11.
THOMPSON, MARK, Representative from New Jersey, 604.
_Title of President and Vice President_, 11;
House committee thereon, 12;
report of same made, 12;
message from the House thereon, 13;
committee of conference appointed by Senate, 13;
consideration of original report postponed, 14;
disagreement of committee of conference, 14;
resolution of the Senate respecting the same, 14;
report of House committee thereon, 47;
message from Senate on, 58;
message from Senate--debate thereon, 65;
debate on resolution against a committee of conference with the Senate on
titles of President and Vice President, 65;
constitution prescribes the power of the House respecting titles, 66;
a committee of conference should not be appointed because it is a subject
which the House has no right to consider, 66;
the House agreed no title should be conferred, and a joint committee so
reported, but the Senate resolved upon a title, and ask our concurrence, 66;
excite alarm among those who fear that the constitution is hostile to
popular liberty, 66;
to countenance such a measure would be an indignity to the House, 66;
conference unnecessary, 67;
a respect due to the Senate, 67;
titles harmless, 67;
add no power, 67;
they diminish the true dignity and importance of a Republic, 67;
a committee of conference very proper, 67;
a committee unnecessary, 67;
umbrage should not be given to the Senate, 67;
no purpose secured by a committee, 67;
subject better be dropped, 68;
the proposition of a title is trifling with the dignity of the Government,
68;
a committee of conference could be appointed without seeming to countenance
the measure, 68;
after having adopted the report of the committee it would derogate from
their dignity to rescind a unanimous resolution, 68;
committee appointed, 69.
_Tobacco_, manufactured, duty fixed, 41.
_Tonnage Duties_, proposed, 23;
debate thereon, 48, 53;
fixed, 57;
method of discussing the subject, _note_, 57. _See_ _Duties_
on Tonnage.
TRACY, URIAH, Representative from Connecticut, 455, 527, 604;
on duties on tobacco and sugar, 510;
on the President's speech, 533;
on exclusion of titled foreigners from citizenship, 558, 564;
on reference of letter of Secretary of War, 569;
on the rights of the House relative to treaties, 672.
_Treasury Department._--_See Executive Departments._
_Treasury, Report of Secretary of._--Motion that the Secretary of the
Treasury's report be in writing, 177;
if he reports in person he can answer inquiries, 177;
propriety doubted, 177;
if the report is written it will be better understood, 177;
the importance and extent of the subject is such it should be in writing,
177;
motion carried, 177;
report under consideration, 182;
postponement moved, 182;
it embraces two important objects: first, that all idea of discrimination
among the public creditors as original holders and transferees, ought to be
done away;
second, the assumption of the State debts by the General Government, 182;
the States should be consulted, 182;
a considerable postponement required, 182;
speculation is rife--if postponed too long fluctuations will be still
greater, 182;
postponed until North Carolina enters the Union, 183;
Congress possess all the information necessary to act on the measure, 183;
speculation has existed since the securities were first issued, 183;
the subject of the State debts should not be decided until the sense of the
Legislatures is known, 183;
the postponement should be long enough to enable members to enter on the
task with understanding, and the spirit of speculation should be counteracted
at the earliest practicable period, 183;
impossible to suppress speculation, 183;
the policy of speculation, 184;
the speculation arisen since the report was denounced, 184;
objects of the report submitted in the form of independent resolutions, 190;
assumption of State debts considered, 191;
doubtful if a permanent funded debt is beneficial or not, 191;
history of funded debts, 191;
a precedent that will bring ruin, 191;
debts of the States unknown, 192;
the funding will occasion enormous taxes for interest, 192;
all that can be done is to provide funds for the gradual extinction, 192;
funding a small debt is beneficial, 192;
we have a debt already and some funds must be appropriated for payment of
interest, 192;
the foreign and domestic debt carry very material distinctions, 193;
the domestic securities should be considered in a depreciated state, 193;
an equivalent was not received for them in hard cash like the foreign debt,
193;
domestic debt should be liquidated at its real value, 193;
terms proposed by the Secretary, 193;
the Government is in a very different situation with respect to foreign and
domestic creditors, 194;
we are not judges of the claims of our creditors, but parties to the
contract, 194;
if we are parties, what would be the decision before a court of justice,
194;
the French loans, 195;
no distinction between foreign and domestic creditors, 195;
the face of the paper is our guide, the demand is not to be lessened, 195;
if it is intended to reduce either, the principles on which such a measure
is founded should be considered, 195;
nature of the public contract, 196;
the same argument might be applied to paying the Continental debts at their
nominal value, 196;
the present Government should pay the debts of the United States, but as the
domestic part has been contracted in depreciated notes, less than six per
cent. interest should be paid on it, 196;
if the Government is one party and the individual the other, who is the
judge? 197;
can two parties exist in a well organized government to dispute about
property and have no judge? 197;
is not the want of consideration a good plea? 197;
we stand in the same condition as the late Congress, who are admitted to be
parties, 197;
the Government should be at liberty to ascertain the amount of the debts
assumed as the motion contemplates, 197;
discrimination and liquidation the two great points involved, 198;
manner in which the debt was contracted, 198;
if the certificates, at the time they were issued, were taken for only a
small part of their face, they should not now be raised to the full amount,
198;
debts of the United States of four kinds, 199;
their character, 199;
the subject should be decided at this time, 199;
a discrimination of some kind necessary, 200;
three classes of creditors, 200;
the obligations of each considered, 200.
_To discriminate_ between original creditors and present holders, &c.,
moved, 205;
extent and form in which the debt exists, 205;
the United States owes the value they have received, and which they
acknowledge, 205;
to whom is payment really due? 205;
four classes of creditors, 205;
the principles that govern the decision of their respective pretensions
considered, 205, 206;
motion to amend original proposition, 207;
the debt is still due, and if the owner has transferred it shall we disown
his act? 207;
the nature of contracts, 211;
their transferability, 212;
the property of the certificates is now vested in the transferees, 212;
if they are now divested by Government, it is an _ex post facto_ law,
212;
the proposed discrimination, 212;
effects of, 213;
this doctrine repugnant to the interests and prosperity of the Union, 213;
the States are restrained from passing laws violating contracts, 213;
public justice requires a performance of contracts, 213;
the new paper given might be subject to another liquidation on the same
principle, 214;
the proposition is unjust, impolitic, and impracticable, 214;
strict justice the plain line of conduct, 215;
other objections, 215;
the debt is the price of our liberties, and cannot be diminished a farthing,
but the measure proposed does diminish it, 215;
the obligation of the debt is not denied, the difficulty is how it shall be
discharged, 216;
the justice of discrimination, 216;
the army repudiate discrimination, 217;
no Legislature should interfere with a contract--but it does not appear that
the transaction between the original holders and the purchasers of
certificates was a fair one, 217;
other points in favor of the measure, 218;
justice or legality of the measure--its practicability or policy and
consequences, 219;
the claim of the soldier just, 219;
state of public opinion, 220;
seven-eighths of the debt has not been disposed of from necessity, 220;
inequitability of the measure not shown, 221;
how far will this measure operate as a precedent? 221;
a review of the grounds upon which the proposition has been combated, 223;
the United States cannot pay in full original creditors or assignees, what
course is just and expedient? 226;
all parties understood there would be no discrimination in certificates
transferable, 227;
other objections examined, 227;
the ability of the Government and the claims of assignees, 228;
motion lost, 228;
_note_, 228, 250.
_Official Conduct of the Secretary of the Treasury_, considered, 418;
moved that nine resolutions on the subject be referred to the Committee of
the Whole, 418;
discussion of them unnecessary and unwarranted, 418;
much time be wasted on them, 419;
objections to the first resolution, 419;
do. second do., 419;
do. third do. 419;
the last one objectionable, for the preceding ones determine the guilt and
the last directs the President to remove the Secretary, 419;
too short time remaining to consider the resolutions, 420;
the abstract propositions should be decided first, the others are
unwarranted by facts, 420;
most unheard of course against a party accused, 420;
no opportunity offered for defence, 420;
the first resolution of great importance, 420;
the Secretary differs from others in his opinion respecting his powers and
the constitutional obligation respecting the acts of appropriation, 420;
shall the Secretary be bound by our acts of appropriation or not? 421;
the first resolution is no part of the others, but should be determined,
421;
all referred excepting the first, second, and ninth resolutions, 421;
the third resolution, charging that the Secretary had violated the law by
applying a certain portion of the principal borrowed to the payment of
interest falling due on the principal, which was not authorized, and by
drawing part of the same moneys into the United States without the
instructions of the President, considered, 421;
what regards the right of drawing money into the country, 421;
the case examined 422;
the charges of mismanagement so long before the public have now assumed
shape, 422;
change in the tone of the charges since the session commenced, 422;
no self-interested pecuniary considerations imputed to the Secretary, 423;
the charge consists of two items, 423; each
examined in detail, 423.
No greatness of character known in the Executive Departments, 424;
was the money appropriated to special and distinct purposes, and did the
Secretary apply the money to other uses than the law directed? 424;
both points considered, 424;
if a responsible officer has violated the laws he should be called to
account, 425;
the testimony compared with the facts, 425; can any necessity be shown for
deviations from positive law? 426;
attempt to show that the Legislature were not ignorant of the drafts of the
Secretary, 426;
money borrowed in Europe was economically applied to paying interest there,
426;
the inquiry is, whether a debt was paid out of this or that fund, 426;
the whole business reviewed, 426;
even if the Secretary made the drafts without the instructions of the
President, it is not probably reprehensible, 426;
the act was not a financial operation to avoid the necessity of drawing and
remitting, 427;
the interest was not paid out of the principal of the loan, 427;
the President is the principal and the Secretary the agent, 427;
impossible to account for the conduct of the Secretary, 427;
to judge of his conduct we must consider his duties, and whether a necessity
existed to justify his drawing, 427;
if the Secretary has paid what was due, what, then, is the complaint, 428;
no law has been violated, nor any rule of propriety departed from, 428;
the drafts were made agreeably to the instructions of the President, 429;
did the authority from the President and his subsequent instructions
authorize the Secretary to consolidate the loans? if so, he acted legally,
429;
both charges examined, 430;
the reports of the committee, 481;
the questions now are questions of fact, 431;
these facts are too clearly supported by the reports of the Secretary and
accompanying documents to be denied or controverted, 431;
this position investigated, 431;
can the Executive, without special permission, apply the excess of one fund
to the deficiency of another? 433;
the drawing money without the instructions of the President established by
the documents, 433;
both points rest on the most solid proofs, 434;
on the necessity of sometimes departing from the strictness of legal
appropriations, 434;
the authority of the Secretary in the special case of loans must be derived
from the President, 435;
the recent drafts, 435.
No proof to support the charges, 436;
if there had been, there is nothing criminal in them, 436;
insufficient reports of the Secretary, 437;
third resolution disagreed to, 438;
fourth resolution disagreed to, 438;
fifth resolution disagreed to, 438;
sixth resolution disagreed to, 438;
seventh resolution disagreed to, 439;
eighth resolution disagreed to, 439;
after such a large vote the Secretary cannot be criminated, 439;
review of the arguments against the Secretary, 439.
_Treaty with Great Britain._--Ratification of, 525;
_note_, 525, 639;
resolution calling for papers relative to the treaty with Great Britain,
640;
reasons for calling for the papers, 640;
opposed for want of a declared object within cognizance of the House, and
because it was the groundwork of the dangerous doctrine that the House had a
right to adjudge, adopt, or to reject treaties generally, 640;
no other source of information, 640;
constitutional questions likely to arise in course of debate, 640;
does the general power of making treaties supersede the powers of the House
and leave it only an executive and ministerial instrumental agency? 641;
no propriety in the resolution, and no question of the constitutionality of
the treaty, 641;
House has a right to inquire into the conduct of the officers concerned,
641;
preceding arguments reviewed, 641;
is the power of the President and Senate as to treaties complete? 641;
power of control of English House of Commons, 642;
true meaning of the power of appropriation in the constitution, 642;
a discretion exists in the House, 642;
legislative power completely vested in Congress--to pass laws discretion is
implied--the House must judge when it is required to act, 642;
words of the constitution respecting treaties, 643;
papers unnecessary, and to call for them is an unconstitutional and improper
interference with the Executive Department, 643;
the House has a _right_ to ask for the papers, because their
co-operation and sanction was necessary to carry the treaty into effect--because
they had full discretion to give or refuse that co-operation, and must be
guided in the exercise of that discretion by the merits and expediency of the
treaty, 644;
what treaties unconstitutional, 644;
consequences of the treaty power being unlimited and undefined, 645;
House has a check on treaty-making power, 645;
authorities referred to, 645;
propriety of the resolution, 647;
what powers has the constitution given, and to what departments have they
been distributed? 647;
view of legislative and treaty-making powers, 648;
how is the will of the people expressed in the constitution to be
understood? 648;
different constructions of the constitution, 649;
extent of the treaty-making power in relation to the objects specially and
expressly submitted to the legislative power of Congress, 650;
treaty power solely delegated to the President and Senate, 651;
practice of Congress, 652;
there are cases in which the House has not the right of withholding
appropriations, 652;
is there any provision in the constitution by which the House can check the
treaty-making power, or question the merits of treaties under any
circumstances? 653;
review of arguments, 654;
must resort to the constitution to know the extent and limits of our power,
657;
arguments against the exclusive treaty-making power considered, 658;
this doctrine is inconsistent with the constitution and the law of nations,
659;
the state of the question, 660;
words of the constitution, 660;
have we a right to exercise our judgment on the treaty? is the question,
661;
depends on a rational construction of the fundamental principles of
government, as drawn from the histories of nations, 661;
construction of the constitution, 662;
the treaty is now the law of the land, and no act of Congress is or can be
necessary to make it so, 662;
no right to require papers where there is no obligation to obey, 664;
different kinds of treaties, 664;
power given to Congress to regulate commerce considered, 665;
if these sentiments prevail, the small States would be deprived of one of
their most essential rights, 666;
when treaties contain stipulations bearing a relation to the specific power
vested in the Legislature, the House has a right to take cognizance of it, as
it is proved by three considerations, 666;
these examined, 667;
the express words of the constitution will not support either position
without a liberty of construction--what construction is most agreeable to the
general principles of the constitution? 668;
exposition of the constitution and the position of the opposition, 660;
the right to call for papers sanctioned by the uniform practice of the
House, 670;
practice in cases of former treaties, 671;
_note_, 671;
view of the constitutional rights of the House, 671;
these rights considered in two points of view, 672;
case of the proclamation of neutrality, 674;
the construction of the constitution advanced, 674;
explanation of the original resolution, 675;
does the treaty operate by way of obligation? 676;
is it paramount to a law, and can it repeal law, although itself cannot be
acted upon by the legislative power? 677;
this question considered, 677;
objections to the power of the House considered, 678;
precedents examined relative to a call for papers, 681;
objections urged by the advocates of the power of the House considered, 682,
683;
authority of the United States examined, 685;
the House cannot legislate without information, 686;
what does the constitution say? 686;
if the doctrines now urged prevail, they will make inroads on the
constitution, 687;
the propriety of calling for papers if the Legislature have no part in
making treaties, 687;
points of the subjects reviewed, 688;
duty to look into every treaty, 690;
what was the constitution of the United States? 690;
resolution as offered, 692;
passed, 692; note, 692.
_Message of the President declining_ to send papers, 693;
_note_, 693;
debate on reference of the answer, 694, 695;
answer referred to Committee of the Whole, 696;
resolutions introduced relative to the class of treaties over which the
House claims a right of judgment, and limits it to those which involve a
matter which has been specially granted to Congress, 696;
important occasion when two of the constituted authorities of the Government
interpret differently the extent of their respective powers? 696; message
considered, 697;
it related to two points, the application for the papers and the
constitutional rights of Congress and of the House of Representatives on the
subject of treaties, 697;
these points examined, 698, 699, 700, 701;
resolutions adopted, 702;
_note_, 702.
_Execution of the Treaty_, considered, 702;
resolution to carry it into effect, 702;
the proposition must be determined by the fact of whether the treaty was a
good one, or whether there were extraneous reasons for putting it in force,
703;
the merits of the treaty considered as it relates to the execution of the
treaty of 1783, as it determines the several points in the law of nations, and
as it respects the commerce between the two nations, 703, 704, 705;
extraneous circumstances--the treaty continues two years--consequences of
not carrying it into effect, 706;
principles of the treaty considered, 707;
merits of the treaty, 707;
admission to British ports, 707;
article respecting British debts, 707;
sequestration of debts, 707;
articles of a temporary nature considered, 709;
Burke on the commerce of the American colonies, 710;
points which pressed themselves on the negotiation and demanded provision,
711, 712;
the contents of the treaty examined, 714, 715, 716, 717;
the commercial part of the treaty examined, 718;
want of reciprocity in the instrument, 720;
view of the origin of the treaty--party dissensions which then prevailed,
720;
critical posture of our affairs, &c., considered, 720, 721;
objected against the treaty that a claim for negroes and other property
taken at New York had been overlooked, 722;
has not the ownership of the property changed under the law of nations? 722;
correspondence of the commissioners, 723, 724;
consequences if the treaty is rejected, 725;
treaty is unconstitutional and pernicious, 726;
if the treaty is executed we admit the ground taken by the Executive, 728;
merits of the treaty, 729;
prejudice against the treaty in the public mind, 729;
the permanent and the temporary part of the treaty considered, 730;
the only question is, whether they would or would not appropriate money to
carry the treaty into effect, 730;
objections to the treaty considered, 731;
the negotiation was advisable, and the only means of avoiding war, 734;
consequences of rejecting the treaty, 734;
three objects embraced in the treaty, 735;
on the expediency of carrying the treaty into effect, 736, 737;
free bottoms make free goods, 737;
effects of rejecting the treaty, 738, 739;
treaty of 1783, 741;
threats of war if treaty rejected, 742;
constitutional rights of the House to be looked at with candor, 744;
will we observe the treaty or break it? is the only question, 745;
consequences of its rejection, 746, 747;
the good and prosperity of the people should be the primary object, 748;
notwithstanding the objections to the treaty the appropriations ought to be
granted, 749;
resolution carried in committee by vote of the Chairman, 750.
Resolution offered in the House expressive of its opinion of the treaty,
751;
debate on its propriety, 751;
amendment lost--resolutions for executing the treaty passed, 753;
_note_, 754.
TREDWELL, THOMAS, Representative from New York, 315, 388, 457, 528.
TRUMBULL, JONATHAN, Representative from Connecticut, 21, 175, 255,
315, 388, 455, 527;
on a committee to report a bill regulating oaths, 22;
elected Speaker, 315;
speech on taking the chair, 315;
moves an amendment to the bill on the slave trade, 480;
Senator from Connecticut, 591.
TUCKER, THOMAS TUDOR, Representative from South Carolina, 21, 175,
255, 315, 388;
takes part in the debates on laying duties on imports, 25;
opposes duty on salt beef, 34;
do. on candles, 34;
on duty on unwrought steel, 35;
opposes duty on nails, 38;
opposes duty on salt as unequal, 39;
on high duties, 44;
favors low tonnage duties, 56;
advocates moderate duties on imports, 57, 58;
opposes the appointment of committee of conference in reference to title of
President, 66;
favors reduction of duty on molasses, if those on other articles are
reduced, 69;
repels insinuation of a bargain, 69;
opposes the motion to lay a duty on African slaves, 74;
gives reason for his vote on limitation of the impost bill, 83;
on the Treasury Department, 109;
on compensation of President, 117;
further remarks on same, 119;
on the difficulty of amending the constitution, 144;
on the principles which should control the selection of a seat of
Government, 147;
further remarks, 152;
on a short period of residence for naturalization, 185;
further remarks, 187, 190;
favors discrimination among the public creditors, 200;
urges the dismission of the Quaker memorial, 205;
on the commitment of the bill for a Bank of the United States, 273.
TURNER, GEORGE, memorial of, 335.
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)Chapter M (2)
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