Chapter M: X. again called upon us. He said M. Talleyrand was (38)

Mr. R. said, that he was of the number of those who voted against assuming the jurisdiction of this territory. He did it from a predilection for those principles in which the American Revolution originated; from the firm belief that men ought not to be bound by laws in whose formation they had no influence. It was the violation of that principle, and not the extent to which it was carried, which laid the foundation of our independence. For, let it be remembered that the demand of Great Britain went only to a peppercorn; but that we disdained the admission of so odious a doctrine, and commenced a determined and successful resistance. But it is denied that this territory is in a state of slavery, because, says the gentleman, it implies that we are tyrants. The term slavery, sir, excites in the mind of man an odious idea. There are, however, various species of this wretched condition. Domestic slavery, of all others the most oppressive; and political slavery, which has been well defined to be that state in which any community is divested of the power of self-government, and regulated by laws to which its assent is not required, and may not be given. Nor have I ever before understood that slavery, particularly of the last description, necessarily implied tyranny, although it too frequently is productive of it. But, so far from being slaves, the people within this territory are, it seems, our children, who are to experience every indulgence at our hands. Sir, the form of government, such as has been described, however mild and beneficent it may be in its administration, places those subjected to it in a state of political slavery, and they are as completely divested of self-control as the infant who is dandled on the knee of its parent. As to the existence, then, of this species of slavery, it mattered not whether the people within the limits of this District were regarded as the favorite son, and feasted on the fatted calf, or were exposed to the cruel rigor of a step-mother.

An idea had been held out from a very respectable quarter that this District might, in time, become a State. As to Congress, what difference will they find between being under the jurisdiction of the State of Columbia, or the State of Maryland. But, if this objection were removed, it is impossible that this territory can become a State. The other States can never be brought to consent that two Senators and, at least, three electors of President, shall be chosen out of this small spot, and by a handful of men.

The constitution seems to have intended, by its provision on this subject, to guard the General Government against the undue influence of any particular States wherein it might sit. An insurrection in Philadelphia is mentioned by some gentleman as having given rise to this clause in the constitution. The constitution, no doubt, had a wise end in view, but it has failed in the means of attaining it. No man has a higher respect than myself for the talents of the framers of that instrument. But let it be remembered, that they were making a great experiment, and to have failed in but a single object, is the highest proof of their wisdom. The physical force of this small District would prove but a poor defence against the aggression of large and powerful States. Happily, our security is more amply provided for; it results from the command which has been given us over the sword and the purse of the Union. Our protection is not in a mathematical line--which would oppose but a feeble resistance to an invading foe. But let gentlemen ask themselves, why the inhabitants of this District should be less formidable if disposed to insurrection because under our own jurisdiction? Look at Paris! was the insurrection of the fourteenth of July, which humbled into the dust the ancient monarchy of France, the effect of a want of jurisdiction; of a want of power in the Government over the lives and fortunes of the people? Did the city afford the Government a defence? No, it was in insurrection. Did the military send its aid? On the contrary, it joined the insurgents. What was the fact at Philadelphia? That Congress was insulted by its own troops. Would the civil jurisdiction of the town have repelled the bayonet? No, it was not in parchment to afford this defence. It has left us an awful lesson against standing armies; and if we shall ever be so infatuated as to multiply armies about us, we may rely in vain on the lines of circumvallation which the limits of our exclusive jurisdiction form. The constitution, therefore, has failed in its endeavor to give to Congress any other security than that which public opinion and the command of the national resources afford.

But, whilst I have no doubt on the subject of our constitutional right, I am opposed to the resolution on the ground of expediency. It appears to have disseminated a great alarm among the people of our immediate neighborhood. At a proper time, when great unanimity can be obtained, it may be carried into effect. If now passed, it is irrevocable; and I have no indisposition to give the question the most mature deliberation, and to give it a fair operation on the public mind. I could wish, indeed, to see the people within this District restored to their rights. Men in such a situation are, as it had been wisely and eloquently said, fit instruments to enslave their fellow-men. This species of Government is an experiment how far freemen can be reconciled to live without rights; an experiment dangerous to the liberties of these States. But, inasmuch as it has been already made, inasmuch as I was not accessory to it, and as, at some future time, its deleterious effects may be arrested, I am disposed to vote against the resolutions. I view them as a fatal present to this House, although I respect the motives in which I believe them to have originated; as tending to disunite those who ought ever to act in concert; and I have no hesitation on a question of expediency to declare my disposition to concede something to the wishes and fears of those around me. In their present shape, at least, I shall therefore vote against the resolutions.

Mr. EUSTIS was opposed to the resolutions, for the reasons which had been stated, and for other reasons not mentioned, though they might have occurred to the minds of gentlemen. He thought it right to express a difference of opinion with the gentleman from Virginia, (Mr. RANDOLPH,) on an important question, the exclusive jurisdiction of Congress to the ten miles square. He was not prepared to pronounce the provision of the constitution on this subject deficient or unwise. It rather appeared to him to be founded in the nature of the Government. A Government on parchment, and without force, was no Government at all. It had been stated this provision grew out of a transaction at Philadelphia, and asked what dependence was to be placed on a military force when that force was itself the aggressor? But that transaction suggested a different result. Had the militia been well equipped and ready for service, and under the immediate control of Congress, would the military force have been suffered to overawe them? This very case furnished an argument for investing Congress with the complete command of the militia force of the territory, to screen them from insult, and to protect them from the application of force that might destroy deliberation. They had already taken a course calculated to prove the soundness of this mode of protection. Their laws had recognized the militia of the territory; and some measures had been taken to organize them. The militia was the physical force Congress must rely on. Suppose that militia were under the command of Maryland, and Congress was about to pass a law obnoxious to that State. Suppose the militia of Maryland to be mutinous, and to surround these walls. Must you resort to Maryland for protection, and wait on her measures? No; the situation of the territory and your immediate power over the militia must furnish you with the means of protection. He therefore thought it one of the best provisions of the constitution, to submit the physical force near the Government to its direction.

Mr. SOUTHARD rose only to make one observation, which had been touched on but lightly in the course of the debate. It appeared to him that when Congress assumed the exclusive jurisdiction of the ten miles square, they had, in the first instance, entered into a contract with the Legislatures of Virginia and Maryland. He had no doubt that, if the contract had ended here, they might, with their consent, make a retrocession. The second step, however, taken, was a contract between the agents of Government and the proprietors, in order to obtain the soil. This contract appeared to him to be solemn and binding. In entering into the contract, the proprietors gave the General Government sites for the public buildings, and half the residue of the land within the city plot. He conceived that this was a contract founded on express stipulations that Congress should exercise exclusive jurisdiction. The proprietors had no idea, at the time they made the contract, that their property would be retroceded and the Government had since received more than one million's worth of real property which they now enjoyed. He would ask, whether a retrocession, under such circumstances, would not have a retrospective effect, and impair those obligations which the United States were bound to observe? For this reason, he thought a retrocession improper, as it would be a violation of contract with the people of the territory. It appeared to him that, while they were satisfied, the General Government ought to be satisfied.

Mr. VARNUM doubted the reality of the observation of the gentleman from New Jersey. He suspected there was no such contract in existence. It was not the interest of the Government of the United States to do any thing that would injure this District. He therefore supposed that every gentleman who voted on this occasion, would act for the interest of his country. If he thought it possible for Congress to legislate for the territory, he should have no objection to retaining the jurisdiction. But, when he considered that Congress were appointed to legislate on great objects, and not on minute local concerns, he did not think them competent to legislate for the persons situated in the Territory of Columbia. He did not know whether, if the jurisdiction was retained, it would not be proper to indulge the citizens with a territorial legislature. But to this the people themselves object. Virginia objects to a union with Maryland. There were, manifestly, hostile interests which could not easily be united. And if there shall be a territorial legislature, still Congress has a right over their acts. Whether this was the fit time to retrocede the territory he did not know; but he believed the time would come when the citizens of the territory will be in favor of it.

Mr. SMILIE stated the circumstances of the case at Philadelphia, which had been so often alluded to by gentlemen. At the close of the late war there had been a mutiny among the troops, who had surrounded Congress. Not a drop of blood had, however, been spilt. This was the mighty incident of which so liberal a use had been made. He would ask whether, in countries over which the Government had complete jurisdiction, worse things had not happened? He would ask, whether this menace of Congress were to be compared with the mob of Lord George Gordon in a country over which the Government had an entire jurisdiction.

The question was then taken on the first resolution, for receding to Virginia the territory originally attached to that State, and lost--ayes 22.

When the question was taken on the second resolution, and lost, without a division.

The committee rose, and reported their disagreement to the resolutions.

The House immediately took up their report.

Mr. NICHOLSON called for the yeas and nays.

Mr. RANDOLPH said, as he believed the House incompetent to legislate for the people of Columbia; as he believed the interests of the several parts of the territory were as hostile as any in the Union, as it was manifest there was an Alexandria, a Georgetown, and a city interest; and even, within the city, a Capitol-hill interest, and a President's-house interest--which were irreconcilable; he should vote for the amendment of his colleague, (Mr. DAWSON.) To attempt to legislate for the District was, in effect, to constitute the chairman of the committee, or, at any rate, the committee itself on the affairs of the territory, the Solon or Lycurgus of the place. It was well known that the indolence of the other members, or their indifference, inseparable from the situation in which they were placed, would prevent Congress from legislating with a full understanding of the objects before them. He, therefore, thought it expedient to retrocede all the territory, excepting the City of Washington. This disposition of the territory would leave entirely untouched the question which arose from the interest of individuals who had made purchases of property under the faith of Congress retaining the jurisdiction. It was probable that, in such event, a corporation might be established in the city that would answer the ends of Government, without two-thirds of the time of the National Legislature being consumed.

The question was then taken by yeas and nays, on concurring with the Committee of the Whole, in their disagreement to the first resolution, and carried--yeas 66, nays 26, as follows:

YEAS.--Theodorus Bailey, James A. Bayard, Thomas Boude,
Richard Brent, Robert Brown, John Campbell, John Clopton,
John Condit, Manasseh Cutler, Samuel W. Dana, John
Davenport, Thomas T. Davis, William Dickson, Peter Early,
William Eustis, Abiel Foster, Calvin Goddard, Edwin Gray,
Andrew Gregg, Roger Griswold, William Barry Grove, John A.
Hanna, Daniel Heister, William Helms, Joseph Hemphill,
Archibald Henderson, William H. Hill, David Holmes,
Benjamin Huger, Samuel Hunt, George Jackson, William Jones,
Ebenezer Mattoon, David Meriwether, Samuel L. Mitchill,
Thomas Moore, Lewis R. Morris, Thomas Morris, Anthony New,
Thomas Newton, jun., Joseph H. Nicholson, Elias Perkins,
Thomas Plater, Nathan Read, John Rutledge, William Shepard,
Israel Smith, John Cotton Smith, John Smith, (of Virginia,)
Samuel Smith, Henry Southard, John Stanley, John Stewart,
John Taliaferro, jr., Samuel Tenney, Samuel Thatcher,
Thomas Tillinghast, Philip R. Thompson, Abram Trigg, John
Trigg, George B. Upham, Killian K. Van Rensselaer, Peleg
Wadsworth, Lemuel Williams, Richard Winn, and Thomas Wynns.

NAYS.--Willis Alston, John Archer, John Bacon, Phanuel
Bishop, William Butler, Samuel J. Cabell, Thomas Claiborne,
Matthew Clay, Richard Cutts, John Dawson, Lucas Elmendorph,
Ebenezer Elmer, John Fowler, William Hoge, James Holland,
Michael Leib, James Mott, John Randolph, jr., John Smilie,
John Smith, (of New York,) Josiah Smith, Richard Stanford,
David Thomas, Joseph B. Varnum, Isaac Van Horne, and Robert
Williams.

The second and last resolution to which the Committee of the Whole reported their disagreement, being twice read, in the words following, to wit:

_Resolved_, That it is expedient for Congress to recede to
the State of Maryland the jurisdiction of that part of the
Territory of Columbia, which was ceded to the United States
by the said State of Maryland, by an act passed the
nineteenth day of December, in the year one thousand seven
hundred and ninety-one, entitled "An act concerning the
Territory of Columbia and the City of Washington;" provided
the said State of Maryland shall consent and agree thereto:

The question was taken that the House do concur with the Committee of the Whole in their disagreement to the same, and resolved in the affirmative.[77]

THURSDAY, February 10.

_Ohio School Fund._

The House resolved itself into a Committee of the Whole on the report of the committee of the second instant, to whom were referred, on the twenty-third of December last, a letter from Edward Tiffin, President of the Convention of Ohio, and a letter from Thomas Worthington, special agent of the said State, enclosing a copy of the constitution thereof, together with sundry propositions in addition to, and in modification of, those contained in an act passed at the last session of Congress; and after some time spent therein, the committee rose and reported to the House their agreement to the resolutions contained therein, with two amendments, which being severally read, the first amendment was, on the question put thereupon, agreed to, and the other disagreed to by the House.

The said resolutions, as amended, were again severally read at the Clerk's table, and agreed to by the House, as follows:

1. _Resolved_, That a donation, equal to one thirty-sixth
part of the amount of the lands in the United States'
Military Tract, within the State of Ohio, be made for the
support of schools within that tract.

2. _Resolved_, That a donation equal to one thirty-sixth
part of the county of Trumbull, be made, out of the lands
within the United States' Military Tract, for the support
of schools within the said county of Trumbull.

3. _Resolved_, That a donation equal to one thirty-sixth
part of the Virginia reservation, so far as the unlocated
lands, within that reservation, (after the warrants issued
by that State shall have been first satisfied,) will supply
the same, be made for the support of schools in the
district contained between the Scioto and Little Miami
Rivers.

4. _Resolved_, That a like provision, for the use of
schools, be made, out of any lands which may hereafter be
acquired from the Indian tribes.

5. _Resolved_, That the lands which now are, or hereafter
may be, appropriated to the use of schools within the State
of Ohio, be vested in the Legislature thereof, in trust for
that object.

6. _Resolved_, That not less than three-fifths of the sum
offered to be appropriated by Congress for the opening of
roads, from the Western to the Atlantic waters, shall be
appropriated under the direction of the State of Ohio, for
the laying out of roads within that State.

7. _Resolved_, That, in lieu of the township proposed to be
granted for the use of an academy, by the act passed the
fifth day of May one thousand seven hundred and ninety-two,
there be granted to the State of Ohio, for the purposes
described in that act, one other entire township, within
the district of Cincinnati; provided that the State of Ohio
shall relinquish to the United States, all their claims,
under the act aforesaid, against the said John C. Symmes.

8. _Resolved_, That these propositions shall depend on the
compliance, by the State of Ohio, with the provisions of
the third proposition, and second section of the aforesaid
act, entitled "An act to enable the people of the eastern
division of the territory north-west of the river Ohio to
form a constitution and State government, and for the
admission of such State into the Union, on an equal
footing with the original States, and for other purposes,"
passed the thirtieth day of April, one thousand eight
hundred and two.

_Ordered_, That a bill or bills be brought in, pursuant to the said resolutions; and that Mr. RANDOLPH, Mr. ELMENDORPH, Mr. GODDARD, Mr. HENDERSON, and Mr. ARCHER, do prepare and bring in the same.

THURSDAY, February 17.

_Emancipated Slaves from French West Indies._

An engrossed bill to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited, was read the third time.

And, on the question that the same do pass, it was resolved in the affirmative--yeas 48, nays 15, as follows:

YEAS.--Willis Alston, John Bacon, Theodorus Bailey, James
A. Bayard, Phanuel Bishop, Thomas Boude, William Butler,
Samuel J. Cabell, John Campbell, Matthew Clay, John
Clopton, John Dawson, Peter Early, Lucas Elmendorph,
Ebenezer Elmer, Calvin Goddard, Edwin Gray, Daniel Heister,
Joseph Heister, William Helms, Archibald Henderson, William
H. Hill, William Hoge, James Holland, George Jackson,
Michael Leib, David Meriwether, Anthony New, Thomas Newton,
jr., Joseph H. Nicholson, Thomas Plater, John Rutledge,
William Shepard, John Smilie, Samuel Smith, Richard
Stanford, John Stewart, John Taliaferro, jr., Samuel
Tenney, Philip R. Thompson, Abram Trigg, John Trigg, Philip
Van Cortlandt, Joseph B. Varnum, Isaac Van Horne, Robert
Williams, Henry Woods, and Thomas Wynns.

NAYS.--Robert Brown, John Condit, Richard Cutts, John
Davenport, Abiel Foster, John A. Hanna, Seth Hastings,
Samuel L. Mitchill, James Mott, Israel Smith, Josiah Smith,
Henry Southard, Joseph Stanton, David Thomas, and Peleg
Wadsworth.

_Resolved_, That the title be, "An act to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited;" and that the Clerk of this House do carry the said bill to the Senate, and desire their concurrence.

TUESDAY, February 22.

_Military Land Warrants._

GENERAL LAFAYETTE.

The House took up the bill respecting military land warrants.

Mr. DAVIS hoped it would not be adopted without inquiring whether the land proposed to be given to General Lafayette was the same as was given to other Major Generals. It was true he had rendered services to the United States, for which they had made him an allowance. There were other claims, in his opinion of greater force, made day after day, without being attended to. If this provision were annexed to the bill he should vote against its passage; though, otherwise, he would be glad to vote for it. If General Lafayette was entitled to this land, he wished to see the business regularly conducted. We are now making provision for persons who have legal claims. It is right, therefore, to separate these subjects. Let us attend to one first, and afterwards consider the other.

Mr. DAWSON.--When, on yesterday, I had the honor to submit this amendment, I indulged the pleasing hope that it would have received not only the vote of this House, but would have met with the patronage of all--of all the friends of justice, and of those who remember past services; and that it would have been adopted without delay and without debate.

In this I have been wofully disappointed. My fond anticipation was immediately damped by a gentleman from New York, on whose friendship I did count, and do now expect; and the amendment, instead of finding sympathizing advocates, has met with an unexpected opposition; instead of finding friends proud to reward past services, it has met with enemies, seeking for reasons to withhold justice.

Mr. Chairman, the search has been in vain; the grateful, the patriot mind will remember those services, while the reflection on a wish to withhold justice will be left as consolation to those who have made the search.

Sir, it was my wish, and it is my determination to support this amendment solely on the grounds of services rendered to us. Whatever may have been the conduct and the situation of General Lafayette since our Revolution, humanity may lament; but, sir, it belongs to us to pay this tribute to justice, if not to gratitude.

Sir, on yesterday, I stated what was known to every gentleman of this House, that this gentleman at an early period of life, animated by the love of liberty, left the pleasures of an enticing Court, encountered the danger of winds and waves, and entered into the service of a country known to him only by name, and endeared to him only by its devotion to that flame which he felt himself. In this service he continued until the end of our war, submitting to all the hardships and fatigues of the field; leading our armies to victory, and exposing himself to every danger; and this without any compensation, and at the sacrifice of the greater part of his private fortune.

I stated more--that that fortune is now much reduced; and this is what I do know. Yes, sir, I have spent two days with this adopted child of America on his little farm. I saw him surrounded by an amiable family, but not with wealth. I heard him pouring forth his best wishes for the prosperity and happiness of this country; and I witnessed his constant exertions to promote its interests. It may not be improper here to remember what I do know. Some short time before I went to France, the First Consul applied to Mr. Lafayette to come to this country as Minister. He replied, "I am by birth a French citizen, by adoption a citizen of the United States. I have served in that country, and am so attached to its interest that I doubt, if a case of difficulty should arise, whether I should do justice to my own; if I did, I am sure I should be suspected, and therefore I will not place myself in that delicate situation."

And now, sir, what is it that it is proposed to do for this gentleman; for him who rendered you services without emolument, and risked his life without hesitation; to this citizen of the United States; and not a foreigner, as the gentleman from Kentucky has been pleased to call him? It is to give to him what we give to others; and what he never would have received had it not been for the reverse of his fortunes. And shall we hesitate? I trust not.

Sir, this is not only a question of justice, but it is of feeling; every soldier, every officer must feel for a fellow-soldier and a fellow-officer, and every citizen for a fellow-citizen; and such is Mr. Lafayette.

Whatever may be the fate of that amendment, if it shall be adopted I shall feel proud for my country. If it shall be negatived, I shall have the pleasing reflection of having discharged a duty to my country and to my own feelings.

Mr. T. MORRIS said that the opposition he had made was more to the manner than to the matter of the motion. He thought it improper to decide upon it at so late an hour, and when there was scarcely a quorum of members within the walls. I have, said Mr. M., no objection to the grant. On the contrary I think it ought to be made in consideration of the circumstances of General Lafayette. I should indeed have wished that it had been the subject of a distinct bill. The value of gifts of this nature depends as much on the manner in which they are made, as on the gifts themselves; and I think the donation would, in this case, have been deemed more honorable, if a special bill had been passed, instead of inserting a clause in another bill. If there were time to bring in a distinct bill I should now vote against the amendment; but as I am unwilling to hazard the object altogether, I shall vote for it: expressing my regret, at the same time, that the gentleman who has viewed the distressed situation of General Lafayette had not sooner brought the business forward.

A debate of short duration ensued, between Messrs. S. SMITH, SHEPARD, DAWSON, and BACON, in favor of the amendment, and Mr. DAVIS against it, when it was carried without a division.

On engrossing the bill for a third reading, Messrs. SOUTHARD, and SHEPARD spoke in favor of, and Mr. VARNUM against it--carried, and ordered to a third reading to-morrow.

SATURDAY, February 26.

_French Spoliations._

Mr. BAYARD moved that the House do now resolve itself into a Committee of the whole House on a motion of the thirty-first ultimo, "for indemnifying the citizens of the United States, who, in carrying on a lawful trade to foreign parts, have suffered losses by the seizure of their property, made by unauthorized French cruisers, or by any French cruiser, without sufficient cause," to which Committee of the whole House was also referred, on the second instant, the report of a select committee, made the twenty-second of April last, on "the memorials and petitions of sundry citizens of the United States, and resident merchants therein, praying relief, in the case of depredations committed on their vessels and cargoes, while in pursuit of lawful commerce, by the cruisers of the French Republic, during the late European war:"

It passed in the negative--yeas 21, nays 48, as follows:

YEAS.--John Bacon, James A. Bayard, John Campbell, Samuel
W. Dana, William Eustis, Calvin Goddard, Roger Griswold,
Seth Hastings, William H. Hill, Benjamin Huger, Samuel
Hunt, Samuel L. Mitchill, Thomas Morris, Thomas Plater,
Nathan Read, John Cotton Smith, Samuel Tenney, Samuel
Thatcher, George B. Upham, Peleg Wadsworth, and Lemuel
Williams.

NAYS.--Willis Alston, John Archer, Theodorus Bailey,
Phanuel Bishop, Richard Brent, Robert Brown, William
Butler, Samuel J. Cabell, Thomas Claiborne, John Clopton,
John Condit, William Dickson, Peter Early, Lucas
Elmendorph, Ebenezer Elmer, Andrew Gregg, Daniel Heister,
Joseph Heister, William Helms, William Hoge, James Holland,
George Jackson, Michael Leib, David Meriwether, Thomas
Moore, James Mott, Anthony New, Thomas Newton, jr., John
Randolph, jr., John Smilie, Israel Smith, John Smith, (of
New York,) John Smith, (of Virginia,) Henry Southard,
Richard Stanford, Joseph Stanton, John Stewart, John
Taliaferro, jr., David Thomas, Philip R. Thompson, Abram
Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum,
Isaac Van Horne, Robert Williams, Robert Williams, Richard
Winn, and Thomas Wynns.

THURSDAY, March 3.

_Thanks to the Speaker._

On a motion made and seconded,

"That the thanks of this House be presented to NATHANIEL
MACON, the Speaker, in testimony of their approbation for
his conduct in discharging the arduous and important duties
assigned him, while in the chair:"

It was unanimously resolved in the affirmative, by yeas and nays, every member present voting in the affirmative.

Whereupon, Mr. SPEAKER made his acknowledgments to the House, in manner following:

"GENTLEMEN: Accept my sincere thanks for the vote which you
have been pleased to pass, expressive of your approbation
of my conduct in the chair; they are also due to each of
you, for the liberal support which I have uniformly
received.

"Permit me to wish you a safe return home and happy meeting
with your friends."

A message from the Senate informed the House that the Senate having completed the Legislative business before them, are now ready to adjourn.

Whereupon, Mr. SPEAKER adjourned the House, _sine die_.

INDEX TO VOL. II.

A

_Accommodation_ of the President, _see Appropriations_.

ADAMS, JOHN, Vice President, attends Senate, 3;
declares result of election of President to Senate, 6;
gives notice to the Senate of time he will take the oath, 6;
valedictory to the Senate, 8;
reply to answer of the Senate to his valedictory address as Vice President, 9;
his inaugural address, 11;
presides in joint meeting of Senate and House, to count the votes
for President, 62;
remarks on mode of proceeding, 62;
his method of counting the votes, 62;
votes given to, for President in 1796, 62;
declaration to the two Houses of the votes for President in 1796, 63;
notifies Congress of the time he will take the oath as President, 66;
President of United States, 113;
reply to answer of Senate to President's message, 119;
his proclamation calling extra session of Congress, 120;
reply to answer of House to President's message, 143;
reply to answer of Senate to message, 170;
reply to answer of House to President's message, 182;
reply to answer of House to President's message, 330;
message to House announcing death of Washington, 434;
vote for, as President, 487;
reply to address of Senate, 484;
reply to answer of Senate to President's message, 323;
reply to answer of Senate to message, 402;
reply to address of Senate on death of Washington, 403;
answer to address of House, 432;
letter to Senate on public property in his hands, 487;
reply to answer of House to message, 500;
his administration, _note_, 539.
_See Message._
_See Index_, vol. 1.

ADAMS, SAMUEL, vote for, as President in 1796, 63.

_Address in Senate_, in answer to message at 2d session, 4th Congress, 4;
in answer to message 1st session, fifth Congress, 117;
2d session, 5th Congress, 169;
3d session, 5th Congress, 322;
1st session, 6th Congress, 402;
2d session, 6th Congress, 483;
of Senate to President on death of Washington, 403.

_Answer of House to Message_, 2d session, 4th Congress, considered, 17;
motion to lay over, 17;
unusual if not unprecedented motion, 17;
improper to go into the subject before members had time to reflect
on it, 17;
the more expeditious, the greater will the effect be, 17;
a subject of extensive consequence, 18;
too important to be hastened, 18;
no precedent for delay, 18;
only two subjects on which there can be a difference of opinion, 18;
a delay would have a very unpleasant appearance, 18;
many bad consequences may attend hastening the subject, 18;
are we always to act by precedent?, 18;
motion to postpone lost, 19;
verbal amendments proposed, 22;
debate on, 22;
parts expressive of wisdom and firmness in the Administration
objected to, 23;
has been a want of firmness for the last six years, 23;
this want has brought the country to its present alarming condition, 23;
no reason to exult in the view of our foreign relations, 23;
our internal situation no ground for admiration, 23;
the government can go on very well after the President retires, 23;
no uncomfortable sensations felt at his retirement, 23;
wisdom and firmness not doubted, 24;
further debate, 24, 25, 26, 27;
no inconvenience from voting the address, 28;
shall one slip, one criminal slip rob the President of his good name?, 28;
duty of the House to do that patriot all the honor they could, 28;
United States do not enjoy "tranquil prosperity," 29;
we are not the proper organs to declare the people free and enlightened, 29;
condition of Europe, 30;
further debate, 31, 32;
address adopted, 33.

_Answer of House to President's Message_, 1st session, 5th Congress,
debate on, 124;
sections proposed to be inserted, 124;
the answer is predicated upon the principle of approving all
the measures of the Executive with respect to France, whilst
the amendment avoids giving that approbation, 124;
which of the two grounds would the House take, was the question, 124;
the present a most important crisis, 125;
statement of the case, 125;
the rights of France relative to the three principal subjects which
are causes of complaint between the two countries, 126;
arguments of our ministers recapitulated, 126;
free ships make free goods, 126;
contraband articles, 126;
carrying provision, 126;
if these amendments are agreed to, fresh insults and aggressions
must be expected, 127;
was the conduct of France justifiable in rejecting our minister?, 127;
complaints of France, 127;
examined, 127, 128;
France considers our government and people divided, 129;
address objectionable in approving the course pursued in
conducting our foreign relations and in expressions of
resentment and indignation towards France, 130;
conduct of France considered, 130;
federalism and anti-federalism, 130;
amendment scrutinized, 131;
all the steps taken by the Executive had a view to an eventual
appeal to arms, 131;
shall the Executive be approved, or France put on the same ground as other
belligerents, 131;
any answer to message objectionable, 132;
further debate, 133;
facts disclosed by the message, 134;
the answer of the committee seems to express indignity on
account of injuries received from France, and a
determination to repel them--the amendment is in a
conciliatory tone and recommends that negotiations be begun
as with other belligerents, 135;
arguments in favor of each considered, 135, 136;
course of the debate, 136;
view of the question, 137;
from what line of conduct are we to expect the most beneficent issue, 137;
the amount of the question is whether we shall place all nations on a level
as to commerce, and remove inequalities existing between them, 138;
a view of facts, 138, 139;
other amendments proposed, 139;
shall any notice be taken of the speech of Barras?, 140;
it is an indignity, 140, 141;
amendments carried, 142;
moved that such members as do not choose need not attend at the
presentation of the answer, 142;
all now obliged to attend unless sick or leave of absence obtained, 142;
the mover excused unanimously, if it would not comport with his,
dignity to attend 142.

_Answer to President's Message_, 2d session, 5th Congress; verbal amendments
proposed and adopted, 181;
an excuse from attending the ceremony asked, 182;
the House will not compel the members to go about parading the streets of
Philadelphia, 182;
none of the members particularly anxious for the society of the
member who asks to be excused, 182;
no power in the House to compel any member to attend, 182;
further discussion, 182;
motion withdrawn, 182.

_Answer in House_, 3d session, 5th Congress, 329;
1st session, 6th Congress, 431;
2d session, 6th Congress, 499.

_Address_ of House to President, _see Index_, vol. 1.

_Admirals in the Navy_, bill for their appointment reported, 473;
motion to postpone, 473;
no necessity for the bill, 473;
reasons for the appointment, 473;
postponement lost, 474.

_African Slaves_, memorial of Quakers on, presented in Senate, 170;
ordered to be withdrawn, 171.
_See Index_, vol. 1, African Slaves and Slavery and Slave trade.

ALBERTSON, JOB, a manumitted slave, petition of, 57.

ALEXANDER, WILLIAM, petition of, 198.

_Algerine captives_, ransom of, 95.
_See Algerine War_, Index, vol. 1.

_Alien Enemies_, bill relative to, 280;
amended bill reported, 301;
bill from House committee taken up, 305;
motion to rise for purpose of postponement, 305;
debate, 305;
motion withdrawn, 305.

_Alien and Sedition_ laws, petitions for repeal of, 358, 364.

_Aliens_.--_See Naturalization Laws._

ALLEN, JOHN, Representative from Connecticut, 135, 179, 331;
on a naval armament, 154;
offers resolution for additional duty on salt, 163;
on relations with France, 240, 241;
on the naturalization laws, 258, 259;
on the sedition bill, 305;
on the expulsion of Matthew Lyon, 369.

ALSTON, WILLIS, Representative from North Carolina, 429, 497, 569, 693;
against a mausoleum to Washington, 511;
on the reading of the letter of James McHenry, 696.

_Amendment to Constitution_, resolution relative to, 446.
_See Index_, vol. 1.

AMES, FISHER, Representative from Massachusetts, 14;
on the address to the President, 17, 21, 25, 26, 29, 30;
on bill to increase compensation of President and other officers, 61;
on the accommodation of the President, 92;
on naval appropriations, 101, 103.

AMY DARDIN'S _claim_, on a report to refuse the prayer of the petitioner
the House voted in the negative, 85;
the vote a precedent against the act of limitation, 85;
an act of limitation should be considered only as a guard against fraud, 86;
cause of the act of limitation, 86;
any exception from the operation of the act should be in a general way, 86;
statement of the case, 188;
motion to report bill, 188;
claim just but opposed to limitation act, 189;
motion withdrawn, 189;
motion to refer report on petition to Committee on Claims, 191;
also moved to appoint a committee to report a bill, 191;
also moved to refer to Committee on Claims, 191;
referred to Committee of the Whole on excepting certain claims from
operation of limitation act, 191;
resolution to appoint a committee to bring in a bill for relief, 218;
facts of the case, 213;
it will throw open a door to every claim heretofore determined as barred, 213;
setting aside limitation acts in most objectionable way, 213;
a hard case, 213;
it will not authorize the treasury to settle any claim, 213;
acts of limitation liable to strong objections, 213;
resolution lost, 213;
Committee on Claims report against prayer of petitioner, 470;
report adopted, 470;
referred, 735.
_See Index_, vol. 1.

ANDERSON, JOSEPH, Senator from Tennessee, 165, 321, 399, 481, 540, 664;
on the resolutions relative to the right of the United States to the
free navigation of the Mississippi, 685.

_Appropriation bill_ for 1797, amendments of Senate, 95;
for 1798, 198.

_Appropriations to purchase furniture_ for President's house; appropriation
considered, 88;
indirect way of raising President's salary, 88;
what has been done in former years, 88;
if it was an increase of salary the President could dispose of the money as he
pleased, but the furniture proposed for purchase remains the property of
the United States, 89;
motion to strike out $14,000 and insert $8,000--no reason for furnishing
of the President more than that of any other officer, 89;
the thing wrong, a larger salary should be given, 89;
the situation of the President should be comfortable and respectable, 90;
further debate on the amount of the appropriation, 90, 91, 92.

_Military._--The hospital department considered, 93;
$30,000 moved, 93;
unnecessary to appropriate so much, 93;
$10,000 enough, 93;
$10,000 adopted, 93;
Quartermaster's Department, &c., considered, 93;
necessary to allow a certain discretion to the Secretary with
regard to specific sums, 93;
appropriations of previous years, 93;
appropriations for repairing certain posts on lakes should be rejected,
as it will become a yearly expense, 94;
state of those works not known, 94;
appropriation for West Point, debated, 94, 95;
items agreed to, 97;
motion to insert an item for the purchase of horses and equipment
of cavalry, 97;
debate, 98, 99. _See Defensive Measures_.
Question of filling blanks, considered, 252;
accounts of War Department obscure, 252;
various items examined, 252;
$150,000 adopted for Quartermaster's Department, 253.

_Naval._--_Appropriation for finishing three frigates_, considered, 76;
so far as they go, three frigates give stability and protection
to commerce, 76;
will save more than five times their cost, 76;
treaty or ships are the two things before us, 76;
motion to connect a bill for manning and equipping, 77;
this form of _tacking_ very improper, 77;
constitutionality of the appropriation, 78;
question on the connection of the two bills, 78;
question of tacking the two bills carried, 78;
appropriation resolved, 79.

_Pay and subsistence_ of three naval captains, considered, 95;
$4,200 the estimate--$5,000 appropriated, 95.

_Moved to appropriate_ $175,000 for finishing three frigates, 99;
smaller sum sufficient to secure them from injury, as it was the
intention not to fit them for sea and save expense of manning them, 99;
no prospect of manning them at present high rate of wages, 99;
all appropriations are now specific and particular, 100;
this sum is for finishing only, 100;
if the frigates are not to be used, they should be sold at once, 100;
many members intend to keep the frigates in such a state as to
prevent their being manned, 100;
a question whether we shall have a navy or not involved in this
discussion, 100;
Presidential discretion as proved by the past, 100;
if this money is voted the frigates will get to sea under some pretext, 100;
if the frigates are not finished the money expended will be lost, 101;
if they are finished members fear they will be manned, 101;
members who oppose finishing the frigates, think this country will
never be a naval power, 101;
its necessity will soon appear, 101;
our commerce is now only less than that of Great Britain, 101;
last year it was voted to finish the frigates--how can the House
withhold the appropriation?, 101;
if this body is a Legislature, how can its control over the public purse be
denied?, 102;
further debated, 103;
question carried, 104, 105.

_Specific Appropriations._--Moved to add to the bill the words, "which several
sums shall be solely applied to the objects for which they
are appropriated," 104;
appropriations for some objects might fall short and others overrun, 104;
this surplus should be used for deficiencies, 104;
the military appropriation regarded as an aggregate for all the
objects of the establishment, 104;
theory good but the practice may be bad, 104;
the practice of the Secretary, 105;
motion carried, 105;
bill returned to the House from the Senate with an amendment to remove the
restriction to confine the expenditure to the specific objects
for which each sum is appropriated, 106;
not according to law as required by the constitution to appropriate
money for one object and expend it for another, 106;
the House has a constitutional power to depart from identifying
articles to the sums appropriated, 106;
the mode of the Senate gives too unbounded power to the Executive, 106;
only four hours remain of the session--the bill may be lost, 106;
to allow the Executive this power is an infringement of the
constitution, 107;
the amendment of the Senate lessens the privileges of the House, 107;
further debate, 107;
amendment lost, 107;
Senate recedes, 108;
a proposition for $197,000 to complete the frigates, 153;
only two arguments in favor of the bill, viz. to lay the foundation
for a navy, and the frigates being built, it is proper to man them, 153;
if navies are necessary to European nations they are not to us--as
a view of our revenue and the expense of a fleet prove, 153;
revenue and expense examined, 153;
reasons for the extra expense, 154;
commerce will be carried on if we have no expensive naval force, 154;
a navy a great evil to this country, our interests lie in the soil, 154;
shall we at a time when we are threatened with danger abandon
these frigates, 154;
further debate, 154;
bill passed, 155.

_Resolution for a committee of inquiry relative to expenditure of naval
appropriations_, 195;
such a committee unusual, 195;
implies censure on public officers, 196;
no statements yet received, 196;
inquiry occasioned because a further appropriation called for, 196;
if money has been justly expended for the frigates little objection
would arise to further appropriations, 196;
the expense has exceeded all belief, 196;
objections to the inquiry considered, 196;
reasons for the inquiry, 196;
such an inquiry always proper, 197;
if favorable, it will forward the design of creating a navy, 197;
different estimates which have been made to the House, 197;
further debate, 197.
_See Defensive Measures._ _See Appropriations_, Index, vol. 1.

ARCHER, JOHN, Representative from Maryland, 569, 694.

_Armed Vessels_, instructions to, _see Defensive Measures_.

_Army Establishment_, bill to fix, returned with the President's veto, debated,
96.

_Augmentation of Army_ bill, details of, 358;
second reading ordered, 358.

_Reduction of Army_, remarks on, 578.

_Peace Establishment_, bill to fix, considered, 585;
various amendments proposed, 585;
better than former bill, and saves expense, 585;
other considerations, 586.

_Army, Provisional._--_See Defensive Measures._

_Army._--_See Index_, vol. 1.

_Aurora_ newspaper, investigation in Senate relative to, 40.

B

BACON, JOHN, Representative from Massachusetts, 569, 693;
on the apportionment bill, 574;
relative to State balances, 595;
on Ohio State Government, 649;
on reading the letter of McHenry, 697;
on call for information relative to cession of Louisiana, 704;
on compensation to the ex-United States judges, 730;
on jurisdiction over the District of Columbia, 736.

BAER, GEORGE, jr., Representative from Maryland, 120, 179, 826, 429, 497.

BAILEY, THEODORUS, Representative from New York, 14, 429, 497, 569, 694.
_See Index_, vol. 1.

BALDWIN, ABRAHAM, Representative from Georgia, 14, 121, 179, 326;
on a national university, 35;
on relief to sufferers by fire at Savannah, 43;
on petition of Hugh L. White, 51;
on contingent expenses of Congress, 57;
on answer of House to President Adams' first message, 132;
on building frigates, 146;
on foreign intercourse, 202;
on the limits of Georgia, 220;
on relations with France, 225;
on the bill to raise a provisional army, 246;
on letters of marque, 299;
on the remonstrance of Georgia, 331;
on disputed Presidential elections, 406;
senator from Georgia, 399, 481, 540, 661;
elected President _pro tem._ of Senate, 541.
_See Index_, vol. 1.

_Bank of the United States._--_See Index_, vol. 1.

_Bankruptcy_, bill to establish uniform system of, passed House, 536.

_Bankrupt Act_, should not be amended but repealed, 724;
_ex post facto_ law, 724;
some objectionable features should be amended, 724;
never should have been such a law, 724;
other considerations in favor of amendment, 724;
constitution does not give power to impair contracts, 725;
the person may be exonerated but not the property, 725;
further debate, 725.

_Barbary Powers_, resolution authorizing the President further and more
effectually to provide for protecting commerce against the,
considered, 571;
moved to strike out words "further and more," 571;
if adopted in present form we pledge ourselves to increase the
naval force, 571;
the words relate to the measures proposed, 571;
it went only to authorize the President without any pledges, 571;
we pledge ourselves to extend more protection without inquiring into
its necessity, 571;
force enough at present, 571;
further discussion, 572;
amendment lost, 572;
original motion carried, 572.

BARD, DAVID, Representative from Pennsylvania, 17, 120, 180, 326.

BARRAS, President of French Directory, his speech to the American minister,
115.

BARTLETT, BAILEY, Representative from Massachusetts, 180, 429.

BAYARD, JAMES A., Representative from Delaware, 123, 179, 430, 522, 569, 712;
on the Quakers' memorial, 185;
on foreign intercourse, 205;
on relations with France, 242;
on presents to ministers by foreign courts, 261, 262;
on taking new census before laying direct tax, 265;
on presents to ministers, 276;
on admission to citizenship, 278;
on bill relative to treatment of alien enemies, 281, 282;
on abrogation of treaty with France, 313;
on the expulsion of Matthew Lyon, 365, 369;
on the case of Jonathan Robbins, 448, 449, 451, 452, 455;
on the bill prohibiting the slave trade, 475;
on repeal of internal taxes, 579, 581;
on Georgia limits, 576, 577;
on army reduction, 578;
on judiciary resolutions, 582;
on the Mediterranean trade, 586;
on the collection of internal revenues, 587;
on State balances, 594, 596;
against repeal of judiciary establishment, 611;
in favor of relief for French spoliations, 644, 646;
on Ohio State Government, 648, 649, 650;
against discharge of the committee relative to cession of Louisiana, 720;
on amendment to the bankrupt act, 724;
on taking up resolution relative to French spoliations, 732, 733;
on jurisdiction over the District of Columbia, 737.

BECKLEY, JOHN, chosen Clerk of House, 569.

BENTON, LEMUEL, Representative from South Carolina, 195.
_See Index_, vol. 1.

BINGHAM, WILLIAM, Senator from Pennsylvania, 3, 114, 165, 321, 399, 485;
elected President _pro tem._ of Senate, 9.
_See Index_, vol. 1.

BIRD, JOHN, Representative from New York, 429, 500;
against the mausoleum to Washington, 515;
on jurisdiction over District of Columbia, 519-525.

BISHOP, PHANUEL, Representative of Massachusetts, 429, 498, 569, 693.

BLODGET, SAMUEL, Memorial relative to a National University, 712.

BLOODWORTH, TIMOTHY, Senator from N. Carolina, 144, 165, 821, 403, 481;
on breach of privilege, 417.
_See Index_, vol. 1.

BLOUNT, THOMAS, Representative from North Carolina, 14, 120, 180, 326;
on the petition of manumitted slaves, 58, 60;
moves thanks to the Speaker at close of 4th Congress, 111.

BLOUNT, WILLIAM, Senator from Tennessee, 3, 114;
to provide further naval force, 149;
on the Quakers' memorial, 186, 187.
_See Index_, vol. 1.

BOUDE, THOMAS, Representative from Pennsylvania, 569, 693.

BOWIE, WALTER, Representative from Maryland, 647, 693.

BRACE, JONATHAN, Representative from Connecticut, 326, 429;
on intercourse with France, 344.

BRADBURY, THEOPHILUS, Representative from Massachusetts, 14, 120.
_See Index_, vol. 1.

BRADFORD, WILLIAM, Senator from Rhode Island, 8, 113;
chosen president _pro tem._ of the Senate, 119;
resigns, as Senator from Rhode Island, 165.
_See Index_, vol. 1.

BRADLEY, STEPHEN R., Senator from Vermont, 540, 661;
elected president _pro tem._ of the Senate, 662.
_See Index_, vol. 1.

_Breach of Privilege._--Case of Matthew Lyon, 205;
case stated, 205;
resolution of expulsion referred, 206;
letter from Lyon, 206;
report of Committee on Privileges, 206;
motion to postpone carried, 207;
question of hearing the evidence in committee or before the House
discussed, 208;
in committee, carried, 208;
_note_, relative to the evidence, 208;
motion of expulsion lost, 208;
resolution to expel Griswold and Lyon, 210;
motion to postpone, 210;
no reason for delay, 210;
neither the dignity, honor, nor peace of the House can be preserved
while these members remain in it, 210;
the innocent should not be punished with the guilty;
Lyon passive throughout, 210;
the business should be taken up with despatch, 210;
motion to refer to Committee on Privilege, with leave to sit during
the session, carried, 211;
motion to report in writing, carried, 212;
motion that both pledge their words to the House to keep the peace,
carried, 212;
how to be executed, discussed, 212;
pledge given, 213;
report of Committee on Privilege, 213;
debate on the report, 214;
resolution of expulsion disagreed to, 215;
resolution of reprimand adopted, 216.

_Resolution in the Senate_ relative to publications in a certain paper,
considered, 408;
what powers has the Senate in this matter?, 408;
can it define the crime and sit as judges?, 408;
it had better be given up, 409;
what are the privileges of Congress, and how far are they defined by the
constitution, examined at length, 409;
should the privileges of the parliament of Great Britain be those
of Congress?, 411;
privilege limited to what is necessary and nothing more, 412;
with respect to libels, 412;
liberty of the press applied to these defined privileges, 413;
principle of the law of libel, 413;
apprehensions of Government from the press, 413;
object of open doors, 414;
how far in case of libels shall either branch of Government have power
to decide in what affects the liberty of the citizen?, 415;
only course to get rid of the subject, 416;
further debate, 417, 418;
amendment proposed, 419;
resolution passed, 421;
report of committee considered, 422;
report as adopted, 422;
form of proceedings reported, 423;
proceedings in the case of William Duane, 424, 425, 426.

BRECKENRIDGE, JOHN, Senator from Kentucky, 540, 661;
moves repeal of Judiciary establishment, 546;
on repeal of Judiciary establishment, 546.

BRENT, RICHARD, Representative from Virginia, 14, 121, 179, 569, 694;
on a direct tax on slaves, 55;
on naval appropriations, 103;
on the bill relative to the protection of commerce, 290.