Chapter XIX: Front Matter (19)

THURSDAY, November 22.

The resolution of the House of Representatives expressive of the sense of Congress of the gallant conduct of Capt. Stephen Decatur, the officers and crew of the United States ketch Intrepid, was read the second time, and referred to Messrs. BRADLEY, BALDWIN, and GILES, to consider and report thereon to the Senate.

FRIDAY, November 23.

The PRESIDENT laid before the Senate the credentials of JAMES A. BAYARD, appointed a Senator by the Legislature of the State of Delaware, in place of WILLIAM HILL WELLS, resigned, and the credentials were read.

SAMUEL L. MITCHILL, appointed a Senator by the Legislature of New York, in place of John Armstrong, whose seat has become vacant by his mission to France, took his seat in the Senate, and produced his credentials, which were read, and the oath was administered to him by the PRESIDENT, as the law prescribes.

FRIDAY, November 30.

JOHN SMITH, from the State of Ohio, and JOHN BRECKENRIDGE, from the State of Kentucky, severally attended.

MONDAY, December 3.

BENJAMIN HOWLAND, appointed a Senator by the Legislature of the State of Rhode Island, in the place of Samuel J. Potter, deceased, took his seat and produced his credentials; which were read, and the oath was administered to him by the PRESIDENT, as the law prescribes.

TUESDAY, December 4.

JAMES JACKSON, from the State of Georgia, attended.

THURSDAY, December 6.

JOSEPH ANDERSON, from the State of Tennessee, attended.

MONDAY, December 17.

The credentials of WILLIAM B. GILES, appointed a Senator by the Legislature of the Commonwealth of Virginia, in the room of Wilson C. Nicholas, resigned, and the credentials of ANDREW MOORE, appointed a Senator by the Legislature of the Commonwealth of Virginia, in the room of Abraham B. Venable, resigned, were severally read, and the oath was administered to them, respectively, as the law prescribes.

WEDNESDAY, December 26.

JOHN BROWN, from the State of Kentucky, attended.

MONDAY, January 7, 1805.

The letter of PIERCE BUTLER, Esq., announcing the resignation of his seat in the Senate, was read.

MONDAY, January 14.

_Mourning for the Honorable Mr. Potter._

On motion, it was

_Resolved_, That the members of the Senate, from a sincere desire of showing every mark of respect to the Honorable SAMUEL J. POTTER, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.[13]

TUESDAY, January 15.

The VICE PRESIDENT being absent, the Senate proceeded to the choice of a President _pro tempore_, as the constitution provides, and the Honorable JOSEPH ANDERSON was elected.

_Ordered_, That the Secretary wait on the President of the United States and acquaint him that, the VICE-PRESIDENT being absent, the Senate have elected the Honorable JOSEPH ANDERSON President of the Senate _pro tempore_.

_Ordered_, That the Secretary make a like communication to the House of Representatives.

JAMES A. BAYARD, from the State of Delaware, attended. His credentials having been presented and read on the 23d of November last, the oath was administered to him by the President, as the law prescribes, and he took his seat in the Senate.

THURSDAY, January 17.

_General Moses Hazen._

The bill entitled “An act for the relief of Charlotte Hazen, widow and relict of the late Brigadier General Moses Hazen,” was read the third time, further amended, and the blank filled with the words “two hundred;” and on the question, Shall this bill pass as amended? it was determined in the affirmative--yeas 20, nays 8, as follows:

Yeas.--Messrs. Anderson, Bradley, Breckenridge, Brown, Cocke,
Condit, Ellery, Franklin, Howland, Logan, Maclay, Mitchill,
Moore, Smith of Maryland, Smith of New York, Smith of Vermont,
Stone, Sumter, Worthington, and Wright.

Nays.--Messrs. Adams, Baldwin, Dayton, Hillhouse, Olcott,
Plumer, and Tracy.

So it was _Resolved_, That this bill do pass as amended.

MONDAY, January 21.

_African Slavery._

Mr. LOGAN presented a petition signed Thomas Morris, clerk, on behalf of the meeting of the representatives of the people called Quakers, in Pennsylvania, New Jersey, &c., stating that the petitioners, from a sense of religious duty, had again come forward, to plead the cause of their oppressed and degraded fellow-men of the African race; and on the question, Shall this petition be received? it passed in the affirmative--yeas 19, nays 9, as follows:

Yeas.--Messrs. Adams, Bayard, Brown, Condit, Franklin,
Hillhouse, Howland, Logan, Maclay, Mitchill, Olcott, Pickering,
Plumer, Smith of Ohio, Smith of Vermont, Stone, Sumter, White,
and Worthington.

Nays.--Messrs. Anderson, Baldwin, Bradley, Cocke, Jackson,
Moore, Smith of Maryland, Smith of New York, and Wright.

So the petition was read.

TUESDAY, January 29.

_Government of the Territory of Orleans._

Mr. GILES, from the committee to whom was referred, on the 4th instant, the petition of the merchants, planters, and other inhabitants of Louisiana, reported a bill further providing for the government of the Territory of Orleans; and the bill was read, and ordered to the second reading.

The bill is as follows:

A Bill further providing for the government of the Territory of
Orleans.

_Be it enacted, &c.,_ That the President of the United States
be and he is hereby authorized to establish within the
Territory of Orleans, a government in all respects similar
(except as is herein otherwise provided) to that now exercised
in the Mississippi Territory, and shall, in the recess of the
Senate, but to be nominated at their next meeting, for their
advice and consent, appoint all the officers necessary therein,
in conformity with the ordinance of Congress, made on the 20th
day of July, 1787, and that from and after the establishment
of the said government, the inhabitants of the Territory
of Orleans shall be entitled to and enjoy all the rights,
privileges, and advantages, secured by the said ordinance, and
now enjoyed by the people of the Mississippi Territory.

Sec. 2. _And be it further enacted_, That so much of the said
ordinance of Congress as relates to the organization of a
General Assembly, and prescribes the power thereof, shall,
from and after the ---- day of ---- next, be in force in the
said Territory of Orleans; and in order to carry the same into
operation, the Governor of the said Territory shall cause to
be elected twenty-five representatives, for which purpose he
shall lay off the said Territory into convenient election
districts, on or before the ---- day of ---- next, and give
due notice thereof throughout the same and first appoint the
most convenient place, within each of the said districts, for
holding the elections; and shall nominate a proper officer or
officers to preside at and conduct the same, and to return to
him the names of the persons who may have been duly elected.
All subsequent elections shall be regulated by the Legislature;
and the number of representatives shall be determined, and
the apportionment made in the manner prescribed by the said
ordinance.

Sec. 3. _And be it further enacted_, That the representatives
to be chosen as aforesaid, shall be convened by the Governor,
in the city of Orleans, on the ---- day of ---- next. The
General Assembly shall meet at least once in every year, and
such meeting shall be on the ---- Monday in ---- annually,
unless they shall by law appoint a different day. Neither
House, during the session, shall, without the consent of the
other, adjourn for more than three days, nor to any other place
than that in which the two branches are sitting.

Sec. 4. _And be it further enacted_, That the laws in force in
the said Territory, at the commencement of this act, and not
inconsistent with the provisions thereof, shall continue in
force, until altered, modified, or repealed by the Legislature.

Sec. 5. _And be it further enacted_, That the second paragraph
of the said ordinance, which regulates the descent and
distribution of estates; and also the sixth article of compact
which is annexed to and makes part of said ordinance, are
hereby declared not to extend to, but are excluded from all
operation within the said Territory of Orleans.

Sec. 6. _And be it further enacted_, That the Governor,
Secretary, and Judges, to be appointed by virtue of this
act, shall be severally allowed the same compensation which
is now allowed to the Governor, Secretary, and Judges, of
the Territory of Orleans. And all the additional officers
authorized by this act shall respectively receive the same
compensations for their services, as are by law established
for similar offices in the Mississippi Territory, to be paid
quarterly out of the revenues of import and tonnage, accruing
within the said Territory of Orleans.

Sec. 7. _And be it further enacted_, That whenever it shall
be ascertained by an actual census or enumeration of the
inhabitants of the Territory of Orleans, taken by proper
authority, that the number of inhabitants included therein
shall amount to at least ---- thousand souls, which shall be
determined by adding to the whole number of free persons,
including those bound to service for a term of years, and
excluding Indians not taxed, three-fifths of all other persons,
the inhabitants of the said Territory, upon application to
Congress for that purpose, and upon producing satisfactory
proof that the number of souls included therein, ascertained
as aforesaid, does actually amount to at least ---- thousand,
shall thereupon be authorized to form for themselves a
constitution and State government, and be admitted into the
Union upon the footing of the original States, in all respects
whatever, conformably to the provisions of the third article
of the Treaty concluded at Paris, on the 30th of April,
1803, between the United States and the French Republic:
_Provided_, That the constitution so to be established, shall
be republican, and not inconsistent with the Constitution of
the United States, nor inconsistent with the ordinance of
the late Congress, passed the 13th day of July, 1787, so far
as the same is made applicable to the Territorial government
hereby authorized to be established: _Provided, however_,
That Congress shall be at liberty, at any time prior to the
admission of the inhabitants of the said Territory to the
rights of a separate State, to alter the boundaries thereof as
they may judge proper: except only, that no alteration shall be
made which shall procrastinate the period for the admission of
the inhabitants thereof to the rights of a State Government,
according to the provision of this act.

Sec. 8. _And be it further enacted_, That so much of an act
entitled, “An act erecting Louisiana into two Territories,
and providing for the temporary government thereof,” as is
repugnant with this act, shall, from and after the ---- day of
---- next, be repealed.

WEDNESDAY, January 30.

_Army Uniform._

The PRESIDENT laid before the Senate the petition of Andrew Jackson, Major General, and sundry other militia officers and other citizens of the State of Tennessee, praying Congress to amend the articles and rules for the future government of the army, in respect to certain parts of their dress and uniform; and, on the question, Shall this petition be referred to the committee appointed on the 25th instant, who have under consideration the bill, entitled “An act for establishing rules and articles for the government of the armies of the United States?” it passed in the affirmative--yeas 16, nays 15, as follows:

Yeas.--Messrs. Adams, Anderson, Baldwin, Bayard, Bradley,
Cocke, Condit, Franklin, Hillhouse, Maclay, Mitchill, Olcott,
Pickering, Plumer, Stone, and Worthington.

Nays.--Messrs. Breckenridge, Brown, Dayton, Giles, Howland,
Jackson, Logan, Moore, Smith of Maryland, Smith of New York,
Smith of Ohio, Smith of Vermont, Sumter, White, and Wright.

THURSDAY, January 31.

JOHN GAILLARD, appointed a Senator by the Legislature of the State of South Carolina, in the room of Pierce Butler, resigned, took his seat in the Senate, and the oath prescribed was administered to him by the PRESIDENT.[14]

TUESDAY, February 12.

_Opening and Counting Votes for President and Vice President._

_Resolved_, That the Senate will be ready to receive the House of Representatives in the Senate Chamber, on Wednesday the 13th instant, February, at noon, for the purpose of being present at the opening and counting the votes for PRESIDENT and VICE PRESIDENT OF THE UNITED STATES. That one person be appointed a teller on the part of the Senate, to make a list of the votes for President and Vice President of the United States, as they shall be declared, and that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and, if it shall appear that a choice hath been made agreeably to the constitution, such entry on the Journals shall be deemed a sufficient declaration thereof.

_Ordered_, That the Secretary do carry this resolution to the House of Representatives.

WEDNESDAY, February 13.

_Counting of Electoral Votes for President and Vice President._

About twelve o’clock the Senators took their seats; and immediately after the SPEAKER and members of the House of Representatives entered; the SPEAKER and Clerk occupying seats on the floor on the right side of the PRESIDENT of the Senate, and the members of the House being seated in front.

Mr. SAMUEL SMITH, teller on the part of the Senate, and Mr. JOSEPH CLAY, and Mr. ROGER GRISWOLD, tellers on the part of the House, took seats at a table placed in front of the Chair, in the area between the Senate and House.

The Secretary of the Senate read the resolutions of the two Houses, previously agreed to.

The PRESIDENT (Mr. BURR) stated that, pursuant to law, there had been transmitted to him several packets, which, from the endorsements upon them, appeared to be the votes of the Electors of a President and Vice President; that the returns forwarded by the mail, as well as the duplicates sent by special messengers, had been received by him in due time. You will now proceed, gentlemen, said he, to count the votes as the constitution and laws direct; adding that, perceiving no cause for preference in the order of opening the returns, he would pursue a geographical arrangement, beginning with the Northern States.

The PRESIDENT then proceeded to break the seals of the respective returns, handing each return, and its accompanying duplicate, as the seals of each were broken, to the tellers through, the Secretary; Mr. S. SMITH reading aloud the returns, and the attestations of the appointment of the Electors, and Mr. J. CLAY and Mr. R. GRISWOLD comparing them with the duplicate return lying before them.

According to which enumeration, the following appeared to be the result.

------------------+----------------------+-----------------
| President. | V. Pres’dt
+-----------+----------+---------+-------
STATES. | Th. | C. C. | Geo. |Rufus
|Jefferson. |Pinckney. |Clinton. |King.
------------------+-----------+----------+---------+-------
New Hampshire | 7 | - | 7 |
Massachusetts | 19 | - | 19 |
[A]Rhode Island | 4 | - | 4 |
Connecticut | - | - | - | 9
Vermont | 6 | - | 6 |
New York | 19 | - | 19 |
New Jersey | 8 | - | 8 |
Pennsylvania | 20 | - | 20 |
Delaware | - | 3 | - | 3
Maryland | 9 | 2 | 9 | 2
Virginia | 24 | - | 24 |
North Carolina | 14 | - | 14 |
South Carolina | 10 | - | 10 |
[B]Georgia | 6 | - | 6 |
Tennessee | 5 | - | 5 |
Kentucky | 8 | - | 8 |
[C]Ohio | 3 | - | 3 |
------------------+-----------+----------+---------+-------
Total | 162 | 14 | 162 | 14
------------------+-----------+----------+---------+-------

[A] In this return, after stating the whole number of votes given
for Thomas Jefferson and George Clinton, each Elector certifies
distinctly his vote for Thomas Jefferson as President, and for
George Clinton, as Vice President.

[B] The return certifies the votes to have been given as stated in
an enclosed paper.

[C] In this return, the votes are not certified to have been given
by ballot, but agreeably to law.

After the returns had been all examined, without any objection having been made to receiving any of the votes, Mr. S. SMITH, on behalf of the tellers, communicated to the PRESIDENT the foregoing result, which was read from the Chair; when, the VICE PRESIDENT said, upon this report it becomes my duty to declare, agreeably to the constitution, that THOMAS JEFFERSON is elected President of the United States, for the term of four years from the third day of March next, and that GEORGE CLINTON is elected Vice President of the United States, for the term of four years from the third day of March next.

[Previous to the above proceedings, a short debate arose in the Senate on the keeping of the doors open or shut during the counting of the votes. Mr. WRIGHT submitted a motion for their being kept open, which, after some opposition, was agreed to.]

SATURDAY, February 16.

_Absent Members._

A motion was made,

“That a call of the Senate take place every morning at the
hour to which the Senate is adjourned, and that absent members
be not permitted to take their seats until a satisfactory
excuse be made, or the opinion of the Senate be had thereon.”

WEDNESDAY, February 20.

_Tripolitan War._

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United
States_:

I communicate, for the information of Congress, a letter of
September 18th, from Commodore Preble, giving a detailed
account of the transactions of the vessels under his command,
from July the 9th, to the 10th of September last past.

The energy and judgment displayed by this excellent officer,
through the whole course of the service lately confided to
him, and the zeal and valor of his officers and men, in the
several enterprises executed by them, cannot fail to give high
satisfaction to Congress and their country, of whom they have
deserved well.

TH. JEFFERSON.

FEBRUARY 20, 1805.

FRIDAY, February 22.

The bill freeing from postage all letters and packets to and from AARON BURR, was read the second time.

SATURDAY, February 23.

Mr. LOGAN gave notice that he should, on Monday next, ask leave to bring in a bill to prohibit the granting clearances to vessels bound to St. Domingo.

MONDAY, February 25.

_Commodore Preble._

Mr. JACKSON laid on the table a motion expressive of the high sense Congress entertain of the gallant and meritorious services of Commodore Edward Preble, and the officers, seamen, and marines, under his command; and the motion was read; and it was agreed that it be referred to a select committee.

WEDNESDAY, February 27.

_Franking Privilege to Aaron Burr._

The Senate resumed the second reading of the bill freeing from postage all letters and packets to and from AARON BURR; and, on the question, Shall this bill pass to the third reading? it was determined in the affirmative--yeas 18, nays 9, as follows:

YEAS.--Messrs. Adams, Baldwin, Bradley, Breckenridge, Brown,
Cocke, Condit, Dayton, Franklin, Gaillard, Giles, Jackson,
Mitchill, Moore, Smith of Maryland, Smith of Ohio, Smith of
Vermont, and Wright.

NAYS.--Messrs. Ellery, Hillhouse, Howland, Logan, Olcott,
Pickering, Plumer, Sumter, and Worthington.[15]

THURSDAY, February 28.

The VICE PRESIDENT being indisposed, the Senate proceeded to the choice of a President _pro tempore_ as the constitution provides, and the Hon. JOSEPH ANDERSON was elected.

_Ordered_, That the Secretary wait on the President of the United States, and acquaint him that, the VICE PRESIDENT being absent, the Senate have elected the Hon. JOSEPH ANDERSON President of the Senate _pro tempore_.

_Ordered_, That the Secretary make a like communication to the House of Representatives.

The following Messages were received from the PRESIDENT OF THE UNITED STATES:

_To the Senate and House of Representatives of the United
States_:

I now lay before Congress a statement of the militia of the
United States, according to the returns last received from the
several States. It will be perceived that some of these are not
recent dates, and that from the States of Maryland, Delaware,
and Tennessee, no returns are stated. As far as appears from
our records, none were ever rendered from either of these
States.

TH. JEFFERSON.

FEBRUARY 28, 1805.

* * * * *

_To the Senate and House of Representatives of the United
States_:

I now render to Congress the account of the fund established by
the act of May 1st, 1802, for defraying the contingent charges
of Government. No occasion having arisen for making use of any
part of the balance of $18,560, unexpended on the 31st day of
December, 1803, when the last account was rendered by Message,
that balance has been carried to the credit of the surplus fund.

TH. JEFFERSON.

FEBRUARY 28, 1805.

The messages and documents therein referred to were severally read, and ordered to lie for consideration.

_Franking Privilege to Col. Burr._

The bill freeing from postage all letters and packets to and from AARON BURR was read the third time; on motion to postpone the further consideration thereof until the first Monday in December next, it passed in the negative--yeas 12, nays 18, as follows:

YEAS.--Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland,
Logan, Maclay, Olcott, Pickering, Plumer, Stone, and Sumter.

NAYS.--Messrs. Adams, Anderson, Bradley, Breckenridge, Brown,
Cocke, Condit, Dayton, Gaillard, Jackson, Mitchill, Moore,
Smith of Maryland, Smith of New York, Smith of Ohio, Smith of
Vermont, Worthington, and Wright.

On the question, Shall this bill pass? it was determined in the affirmative--yeas 18, nays 13, as follows:

YEAS.--Messrs. Adams, Anderson, Bradley, Breckenridge, Brown,
Cocke, Condit, Dayton, Gaillard, Jackson, Mitchill, Moore,
Smith of Maryland, Smith of New York, Smith of Ohio, Smith of
Vermont, White, and Wright.

NAYS.--Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland,
Logan, Maclay, Olcott, Pickering, Plumer, Stone, Sumter, and
Worthington.

So it was _Resolved_, that this bill do pass, that it be engrossed, and that the title thereof be “An act freeing from postage all letters and packets to and from Aaron Burr.”

SATURDAY, March 2.

_Resignation of Vice President Burr._

BURR’S ADDRESS.

The VICE PRESIDENT took an affectionate leave of the Senate, in substance as follows:

“Mr. BURR began by saying, that he had intended to pass the day
with them, but the increase of a slight indisposition (sore
throat) had determined him then to take leave of them. He
touched lightly on some of the rules and orders of the House,
and recommended, in one or two points, alterations, of which he
briefly explained the reasons and principles.

“He said he was sensible he must at times have wounded the
feelings of individual members. He had ever avoided entering
into explanations at the time, because a moment of irritation
was not a moment for explanation; because his position (being
in the chair) rendered it impossible to enter into explanations
without obvious danger of consequences which might hazard the
dignity of the Senate, or prove disagreeable and injurious in
more than one point of view; that he had, therefore, preferred
to leave to their reflections his justification; that, on his
part, he had no injuries to complain of; if any had been done
or attempted, he was ignorant of the authors; and if he had
ever heard, he had forgotten, for, he thanked God, he had no
memory for injuries.

“He doubted not but that they had found occasion to observe,
that to be prompt was not therefore to be precipitate; and that
to act without delay was not always to act without reflection;
that error was often to be preferred to indecision; that his
errors, whatever they might have been, were those of rule and
principle, and not of caprice; that it could not be deemed
arrogance in him to say that, in his official conduct, he had
known no party, no cause, no friend; that if, in the opinion
of any, the discipline which had been established approached
to rigor, they would at least admit that it was uniform and
indiscriminate.

“He further remarked, that the ignorant and unthinking affected
to treat as unnecessary and fastidious a rigid attention
to rules and decorum; but he thought nothing trivial which
touched, however remotely, the dignity of that body; and he
appealed to their experience for the justice of this sentiment,
and urged them in language the most impressive, and in a manner
the most commanding, to avoid the smallest relaxation of the
habits which he had endeavored, to inculcate and establish.

“But he challenged their attention to considerations more
momentous than any which regarded merely their personal honor
and character--the preservation of law, of liberty, and the
constitution. This House, said he, is a sanctuary; a citadel
of law, of order, and of liberty; and it is here--it is here,
in this exalted refuge; here, if any where, will resistance be
made to the storms of political frenzy and the silent arts of
corruption; and if the constitution be destined ever to perish
by the sacrilegious hands of the demagogue or the usurper,
which God avert, its expiring agonies will be witnessed on this
floor.

“He then adverted to those affecting sentiments which attended
a final separation--a dissolution, perhaps for ever, of those
associations which he hoped had been mutually satisfactory. He
consoled himself, however, and them, with the reflection, that,
though they separated, they would be engaged in the common
cause of disseminating principles of freedom and social order.
He should always regard the proceedings of that body with
interest and with solicitude. He should feel for their honor
and the national honor so intimately connected with it, and
took his leave with expressions of personal respect, and with
prayers, and wishes,” &c.[16]

Whereupon, the Senate proceeded to the choice of a President _pro tempore_, as the constitution provides; and the Honorable JOSEPH ANDERSON was elected.

_Ordered_, That the Secretary wait on the President of the United States, and acquaint him that, the VICE PRESIDENT being absent, the Senate have elected the Honorable JOSEPH ANDERSON President of the Senate _pro tempore_.

_Ordered_, That the Secretary notify the same to the House of Representatives.

_Resolved unanimously_, That the thanks of the Senate be presented to AARON BURR, in testimony of the impartiality, dignity, and ability, with which he has presided over their deliberations, and of their entire approbation of his conduct in discharge of the arduous and important duties assigned him as President of the Senate.

_Ordered_, That Messrs. SMITH of Maryland, and WHITE, be a committee to communicate to him this resolution.

SUNDAY, March 3.

_Reply of Vice President Burr to the Vote of Thanks._

Mr. SMITH of Maryland, from the committee appointed for that purpose, reported that they had waited on the VICE PRESIDENT, agreeably to the resolution of yesterday, to which he made the following reply:

_To the Senate of the United States_:

GENTLEMEN: Next to the satisfaction derived from the
consciousness of having discharged my duty, is that which
arises from the favorable opinion of those who have been the
constant witnesses of my official conduct; and the value of
this flattering mark of their esteem is greatly enhanced by the
promptitude and unanimity with which it is offered.

I pray you to accept my respectful acknowledgments, and the
assurance of my inviolable attachment to the interests and
dignity of the Senate.

A. BURR.

MARCH 3, 1805.

_Adjournment._

On motion,

_Resolved_, That Messrs. ADAMS, and SMITH of Maryland, be a committee on the part of the Senate, with such as the House of Representatives may join, to wait on the President of the United States, and notify him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn.

_Ordered_, That the Secretary acquaint the House of Representatives therewith, and desire the appointment of a committee on their part.

Mr. ADAMS, from the committee, reported that they had waited upon the PRESIDENT OF THE UNITED STATES, who informed them that he had no further communications to make to the two Houses of Congress.

The Secretary was then directed to inform the House of Representatives that the Senate, having finished the business before them, are about to adjourn. Whereupon, the Senate adjourned.

MARCH 4, 1805.

_Inaugural Speech._

On Monday, at 12 o’clock, THOMAS JEFFERSON, President of the United States, took the oath of office, and delivered the following Inaugural Speech in the Senate Chamber, in the presence of the members of the two Houses, and a large concourse of citizens:

PROCEEDING, fellow-citizens, to that qualification which
the constitution requires before my entrance on the
charge conferred on me, it is my duty to express the deep
sense I entertain of this new proof of confidence from my
fellow-citizens at large, and the zeal with which it inspires
me so to conduct myself as may best satisfy their just
expectations.

On taking this station, on a former occasion, I declared the
principles on which I believed it my duty to administer the
affairs of our commonwealth. My conscience tells me I have, on
every occasion, acted up to that declaration, according to its
obvious import, and to the understanding of every candid mind.

In the transaction of your foreign affairs, we have endeavored
to cultivate the friendship of all nations, and especially
of those with which we have the most important relations. We
have done them justice on all occasions; favor, where favor
was lawful, and cherished mutual interests and intercourse on
fair and equal terms. We are firmly convinced, and we act on
that conviction, that with nations, as with individuals, our
interests, soundly calculated, will ever be found inseparable
from our moral duties; and history-bears witness to the fact,
that a just nation is trusted on its word, when recourse is had
to armaments and wars to bridle others.

At home, fellow-citizens, you best know whether we have done
well or ill. The suppression of unnecessary offices, of useless
establishments and expenses, enabled us to discontinue our
internal taxes. These, covering our land with officers,[17]
and opening our doors to their intrusions, had already begun
that process of domiciliary vexation, which, once entered,
is scarcely to be restrained from reaching, successively,
every article of property and produce. If, among these taxes,
some minor ones fell, which had not been inconvenient, it was
because their amount would not have paid the officers who
collected them; and because, if they had any merit, the State
authorities might adopt them instead of others less approved.

The remaining revenue, on the consumption of foreign articles,
is paid chiefly by those who can afford to add foreign luxuries
to domestic comforts. Being collected on our seaboard and
frontiers only, and incorporated with the transactions of our
mercantile citizens, it may be the pleasure and the pride of an
American to ask, what farmer, what mechanic, what laborer, ever
sees a tax-gatherer of the United States? These contributions
enable us to support the current expenses of the Government;
to fulfil contracts with foreign nations; to extinguish the
native right of soil within our limits; to extend those limits;
and to apply such a surplus to our public debts, as places,
at a short day, their final redemption; and that redemption,
once effected, the revenue thereby liberated may, by a just
repartition of it among the States, and a corresponding
amendment of the constitution, be applied, _in time of peace_,
to rivers, canals, roads, arts, manufactures, education, and
other great objects, within each State.[18] _In time of war_,
if injustice by ourselves, or others, must sometimes produce
war, increased, as the same revenue will be, by increased
population and consumption, and aided by other resources
reserved for that crisis, it may meet, within the year, all
the expenses of the year, without encroaching on the rights
of future generations, by burdening them with the debts of
the past. War will then be but a suspension of useful works;
and a return to a state of peace, a return to the progress of
improvement.

I have said, fellow-citizens, that the income reserved had
enabled us to extend our limits; but that extension may
possibly pay for itself before we are called on; and, in the
mean time, may keep down the accruing interest: in all events,
it will replace the advances we shall have made. I know that
the acquisition of Louisiana has been disapproved by some, from
a candid apprehension that the enlargement of our territory
would endanger its union. But who can limit the extent to
which the federative principle may operate effectively? The
larger our association, the less will it be shaken by local
passions: and, in any view, is it not better that the opposite
bank of the Mississippi should be settled by our own brethren
and children, than by strangers of another family? With which
should we be most likely to live in harmony and friendly
intercourse?

In matters of religion, I have considered that its free
exercise is placed by the constitution independent of the
powers of the General Government. I have therefore undertaken,
on no occasion, to prescribe the religious exercises suited to
it; but have left them, as the constitution found them, under
the direction and discipline of the Church or State authorities
acknowledged by the several religious societies.

The aboriginal inhabitants of these countries I have regarded
with the commiseration their history inspires. Endowed with the
faculties and the rights of men, breathing an ardent love of
liberty and independence, and occupying a country which left
them no desire but to be undisturbed, the stream of overflowing
population from other regions directed itself on these shores.
Without power to divert, or habits to contend against it, they
have been overwhelmed by the current, or driven before it. Now
reduced within limits too narrow for the hunter state, humanity
enjoins us to teach them agriculture and the domestic arts; to
encourage them to that industry which alone can enable them to
maintain their place in existence; and to prepare them in time
for that state of society which, to bodily comforts, adds the
improvement of the mind and morals. We have therefore liberally
furnished them with the implements of husbandry and household
use; we have placed among them instructors in the arts of
first necessity; and they are covered with the ægis of the law
against aggressors from among ourselves.

But the endeavors to enlighten them on the fate which awaits
their present course of life, to induce them to exercise
their reason, follow its dictates, and change their pursuits
with the change of circumstances, have powerful obstacles to
encounter. They are combated by the habits of their bodies,
prejudices of their minds, ignorance, pride, and the influence
of interested and crafty individuals among them, who feel
themselves something in the present order of things, and fear
to become nothing in any other. These persons inculcate a
sanctimonious reverence for the customs of their ancestors;
that whatsoever they did, must be done through all time; that
reason is a false guide, and to advance under its counsel in
their physical, moral, or political condition, is perilous
innovation; that their duty is to remain as their Creator made
them; ignorance being safety, and knowledge full of danger.
In short, my friends, among them, also, is seen the action
and counteraction of good sense and of bigotry. They, too,
have their anti-philosophists, who find an interest in keeping
things in their present state; who dread reformation, and exert
all their faculties to maintain the ascendency of habit over
the duty of improving our reason, and obeying its mandates.

In giving these outlines, I do not mean, fellow-citizens, to
arrogate to myself the merit of the measures--that is due, in
the first place, to the reflecting character of our citizens
at large, who, by the weight of public opinion, influence
and strengthen the public measures. It is due to the sound
discretion with which they select from among themselves those
to whom they confide the legislative duties. It is due to
the zeal and wisdom of the characters thus selected, who lay
the foundations of public happiness in wholesome laws, the
execution of which alone remains for others; and it is due
to the able and faithful auxiliaries, whose patriotism has
associated them with me in the executive functions.

During this course of administration, and in order to disturb
it, the artillery of the press has been levelled against us,
charged with whatsoever its licentiousness could devise or
dare. These abuses of an institution, so important to freedom
and science, are deeply to be regretted, inasmuch as they tend
to lessen its usefulness, and to sap its safety. They might,
indeed, have been corrected by the wholesome punishments
reserved to, and provided by, the laws of the several States
against falsehood and defamation; but public duties, more
urgent, press on the time of public servants, and the offenders
have therefore been left to find their punishment in the public
indignation.

Nor was it uninteresting to the world, that an experiment
should be fairly and fully made, whether freedom of discussion,
unaided by power, is not sufficient for the propagation and
protection of truth; Whether a Government, conducting itself in
the true spirit of its constitution, with zeal and purity, and
doing no act which it would be unwilling the whole world should
witness, can be written down by falsehood and defamation.
The experiment has been tried. You have witnessed the scene.
Our fellow-citizens looked on cool and collected. They saw
the latent source from which these outrages proceeded. They
gathered around their public functionaries; and when the
constitution called them to the decision by suffrage, they
pronounced their verdict honorable to those who had served
them, and consolatory to the friend of man, who believes that
he may be trusted with the control of his own affairs.

No inference is here intended, that the laws provided by the
States against false and defamatory publications, should not
be enforced. He who has time, renders a service to public
morals and public tranquillity, in reforming these abuses by
the salutary coercions of the law. But the experiment is noted
to prove, that, since truth and reason have maintained their
ground against false opinions, in league with false facts, the
press, confined to truth, needs no other legal restraint. The
public judgment will correct false reasonings and opinions, on
a full hearing of all parties; and no other definite line can
be drawn between the inestimable liberty of the press, and its
demoralizing licentiousness. If there be still improprieties
which this rule would not restrain, its supplement must be
sought in the censorship of public opinion.

Contemplating the union of sentiment now manifested so
generally, as auguring harmony and happiness to our future
course, I offer to our country sincere congratulations. With
those, too, not yet rallied to the same point, the disposition
to do so is gaining strength. Facts are piercing through the
veil drawn over them: and our doubting brethren will at length
see that the mass of their fellow-citizens, with whom they
cannot yet resolve to act, as to principles and measures, think
as they think, and desire what they desire: that our wish, as
well as theirs, is, that the public efforts may be directed
honestly to the public good; that peace be cultivated; civil
and religious liberty unassailed; law and order preserved;
equality of rights maintained; and that state of property,
equal or unequal, which results to every man from his own
industry, or that of his father. When satisfied of these
views, it is not in human nature that they should not approve
and support them. In the mean time, let us cherish them with
patient affection; let us do them justice, and more than
justice, in all competitions of interest; and we need not doubt
that truth, reason, and their own interests, will at length
prevail; will gather them into the fold of their country, and
will complete that entire union of opinion which gives to a
nation the blessing of harmony, and the benefit of all its
strength.

I shall now enter on the duties to which my fellow-citizens
have again called me, and shall proceed in the spirit of
those principles which they have approved. I fear not that
any motives of interest may lead me astray. I am sensible of
no passion which could seduce me, knowingly, from the path of
justice; but the weaknesses of human nature, and the limits
of my own understanding, will produce errors of judgment,
sometimes injurious to your interests. I shall need, therefore,
all the indulgence which I have heretofore experienced from my
constituents. The want of it will certainly not lessen with
increasing years. I shall need, too, the favor of that Being
in whose hands we are; who led our fathers, as Israel of old,
from their native land, and planted them in a country flowing
with all the necessaries and comforts of life; who has covered
our infancy with His providence, and our riper years with His
wisdom and power; and to whose goodness I ask you to join in
supplications with me, that He will so enlighten the minds
of your servants, guide their councils, and prosper their
measures, that, whatsoever they do, shall result in your good,
and shall secure to you the peace, friendship, and approbation
of all nations.

After which, the Chief Justice of the United States administered to him the oath of office prescribed by the constitution; and the oath was, in like manner, administered to GEORGE CLINTON, Vice President of the United States; after which, the PRESIDENT and VICE PRESIDENT retired.

Trial of Judge Chase.

TRIAL OF SAMUEL CHASE, AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, IMPEACHED BY THE HOUSE OF REPRESENTATIVES FOR HIGH CRIMES AND MISDEMEANORS, BEFORE THE SENATE OF THE UNITED STATES.

[TAKEN IN SHORT-HAND BY SAMUEL H. SMITH AND THOMAS LLOYD.]

This trial was one of the events of the day, greatly exciting party passions, and taking a scope which gives it historic interest, both for the persons concerned, and the matters involved. The account of it is greatly abridged here, but it is believed all is still retained which is necessary to the full knowledge of the case, and to a just conception of the skill, learning, eloquence and ability with which the trial (both the prosecution and the defence) was conducted. The formal charges are omitted, as being sufficiently shown in the pleadings; the testimony of witnesses limited to their principal statements; and the speeches only given in their essential parts.

[The following report of the trial of SAMUEL CHASE has been
drawn up with the greatest care. To guard against misconception
or omission, two individuals, one of whom is a professional
stenographer, were constantly engaged during the whole course
of the trial; and the arguments of the managers and counsel
have in most instances, and whenever it was attainable, been
revised by them. It is with some satisfaction that the editor
of this impression is enabled, under these circumstances,
to submit to the public a tract, whose fidelity and
comprehensiveness, he hopes will amply reward the interest so
deeply excited by the progress and issue of this important
trial.--_Editor National Intelligencer._]

MEASURES PRELIMINARY TO THE TRIAL.

On the fifth day of January 1804, Mr. J. RANDOLPH, a member of the House of Representatives of the United States, rose and addressed that body to the following effect:

He observed “That no people were more fully impressed with the importance of preserving unpolluted the fountain of justice than the citizens of these States. With this view the Constitution of the United States, and of many of the States also, had rendered the magistrates who decided judicially between the State and the offending citizens, and between man and man, more independent than those of any other country in the world, in the hope that every inducement, whether of intimidation or seduction, which should cause them to swerve from the duty assigned to them, might be removed. But such was the frailty of human nature, that there was no precaution by which our integrity and honor could be preserved, in case we were deficient in that duty which we owed to ourselves. In consequence, sir,” said Mr. Randolph, “of this unfortunate condition of man, we have been obliged, but yesterday, to prefer an accusation against a judge of the United States, who has been found wanting in his duty to himself and his country. At the last session of Congress, a gentleman from Pennsylvania did, in his place, (on a bill to amend the judicial system of the United States,) state certain facts in relation to the official conduct of an eminent judicial character, which I then thought, and still think, the House bound to notice. But the lateness of the session (for we had, if I mistake not, scarce a fortnight remaining) precluding all possibility of bringing the subject to any efficient result, I did not then think proper to take any steps in the business. Finding my attention, however, thus drawn to a consideration of the character of the officer in question, I made it my business, considering it my duty, as well to myself as those whom I represent, to investigate the charges then made, and the official character of the judge, in general. The result having convinced me that there exists ground of impeachment against this officer, I demand an inquiry into his conduct, and therefore submit to the House the following resolution:

“_Resolved_, That a committee be appointed to inquire into
the official conduct of SAMUEL CHASE, one of the Associate
Judges of the Supreme Court of the United States, and to report
their opinion, whether the said SAMUEL CHASE hath so acted in
his judicial capacity as to require the interposition of the
constitutional power of this House.”

A short debate immediately arose on this motion, which was advocated by Messrs. J. RANDOLPH, SMILIE, and J. CLAY; and opposed by Mr. ELLIOT. Several members supported a motion to postpone it until the ensuing day, which was superseded by an adjournment of the House.

The House, on the next day, resumed the consideration of Mr. RANDOLPH’s motion, which was supported by Mr. SMILIE, and, on the motion of Mr. LEIB, so amended as to embrace an inquiry into the official conduct of Richard Peters, district judge for the District of Pennsylvania. On the motion, thus amended, further debate arose, which occupied the greater part of this and the ensuing day. It was supported by Messrs. FINDLAY, JACKSON, NICHOLSON, HOLLAND, J. RANDOLPH, EUSTIS, EARLY, SMILIE, and EPPES; and opposed by Messrs. LOWNDES, R. GRISWOLD, ELLIOT, DENNIS, GRIFFIN, THATCHER, HUGER, and DANA. Some ineffectual attempts were made to amend the resolution, when the final question was taken on the resolution, as amended, in the following words:

“_Resolved_, That a committee be appointed to inquire into the
official conduct of Samuel Chase, one of the Associate Justices
of the Supreme Court of the United States, and of Richard
Peters, district judge of the district of Pennsylvania, and to
report their opinion, whether the said Samuel Chase and Richard
Peters, or either of them, have so acted in their judicial
capacity, as to require the interposition of the constitutional
power of this House:”

And resolved in the affirmative--yeas 81, nays 40.

Whereupon, Messrs. J. RANDOLPH, NICHOLSON, J. CLAY, EARLY, R. GRISWOLD, HUGER, and BOYLE, were appointed a committee pursuant to the foregoing resolution.

On the 10th of January, the committee were authorized by the House to send for persons, papers, and records; and on the 30th day of the same month they were authorized to cause to be printed such documents and papers as they might deem necessary, previous to their presentation to the House.

On the 6th day of March, Mr. RANDOLPH, in the name of the committee, made a report, “That in consequence of the evidence collected by them, in virtue of the powers with which they have been invested by the House, and which is hereunto subjoined, they are of opinion, 1st. That Samuel Chase, Esq., an Associate Justice of the Supreme Court of the United States, be impeached of high crimes and misdemeanors.

“2d. That Richard Peters, district judge of the district of Pennsylvania, has not so acted in his judicial capacity as to require the interposition of the constitutional power of this House.”

This report, accompanied by a great mass of printed documents, embracing various depositions taken before the committee, as well as at a distance, was made the order of the day for the Monday following.

On that day the House took up the report, and after a short debate concurred in the first resolution by the following vote--yeas 73, nays 32, as follows:

YEAS.--Willis Alston, jun., Isaac Anderson, John Archer,
David Bard, George Michael Bedinger, William Blackledge,
Walter Bowie, Adam Boyd, John Boyle, Robert Brown, Joseph
Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph
Clay, Matthew Clay, John Clopton, Frederick Conrad, Jacob
Crowninshield, Richard Cutts, John Dawson, William Dickson,
John B. Earle, Peter Early, James Elliot, William Findlay, John
Fowler, James Gillespie, Peterson Goodwyn, Andrew Gregg, Samuel
Hammond, James Holland, David Holmes, Walter Jones, William
Kennedy, Nehemiah Knight, Michael Leib, Matthew Lyon, Andrew
McCord, William McCreery, David Meriwether, Andrew Moore,
Nicholas R. Moore, Jeremiah Morrow, Anthony New, Thomas Newton,
jun., Joseph H. Nicholson, Gideon Olin, John Patterson, John
Randolph, Thomas M. Randolph, John Rea of Pennsylvania, John
Rhea of Tennessee, Jacob Richards, Cæsar A. Rodney, Thomas
Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John
Smilie, Henry Southard, Richard Stanford, Joseph Stanton, John
Stewart, David Thomas, Philip R. Thompson, Abram Trigg, John
Trigg, Isaac Van Horne, Joseph B. Varnum, Marmaduke Williams,
Richard Wynn, and Joseph Winston.

NAYS.--Simeon Baldwin, Silas Betton, John Campbell, William
Chamberlin, Martin Chittenden, Clifton Claggett, Manasseh
Cutler, Samuel W. Dana, John Davenport, Thomas Dwight, Thomas
Griffin, Gaylord Griswold, Roger Griswold, Seth Hastings,
William Helms, Benjamin Huger, Joseph Lewis, jun., Henry W.
Livingston, Thomas Lowndes, Nahum Mitchell, Thomas Plater,
Samuel D. Purviance, John Cotton Smith, John Smith of Virginia,
William Stedman, James Stevenson, Samuel Taggart, Samuel
Tenney, Samuel Thatcher, Killian K. Van Rensselaer, Peleg
Wadsworth, and Lemuel Williams.

The second resolution was agreed to unanimously.

Whereupon, it was ordered, that Mr. JOHN RANDOLPH and Mr. EARLY be appointed a committee to go to the Senate, at the bar thereof, in the name of the House of Representatives, and of all the people of the United States, to impeach Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, of high crimes and misdemeanors; and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. It was also ordered, that the committee do demand, that the Senate take order for the appearance of the said Samuel Chase, to answer to the said impeachment.

On the 13th of March, Messrs. J. RANDOLPH, NICHOLSON, J. CLAY, EARLY, and BOYLE, were appointed a committee to prepare and report articles of impeachment against Samuel Chase, and invested with power to send for persons, papers, and records.

On the 14th, a message was received from the Senate, notifying the House, that they would take proper order on the impeachment, of which due notice should be given to the House.

On the 26th, Mr. RANDOLPH, from the committee appointed for that purpose, reported articles of impeachment against Samuel Chase. No order was taken on the report during the remainder of the session, which terminated the next day.

At the ensuing session of Congress, on the 6th of November, 1804, on the motion of Mr. J. RANDOLPH, the articles of impeachment were referred to Messrs. J. RANDOLPH, J. CLAY, EARLY, BOYLE, and J. RHEA of Tennessee.

On the 30th of November, Mr. RANDOLPH reported articles of impeachment against Samuel Chase, in substance not dissimilar from those reported at the last session, with the addition of two new articles.

This report was made the order for the 3d of December. On that and the ensuing day the House took the articles into consideration, to all of which they agreed, according to the following votes:

Yeas. Nays.
Art. 1 83 34
2 83 35
3 84 34
4 84 34
5 72 45
6 73 42
7 73 42
8 1st sec. 74 32
8 2nd sec. 78 32

On the 5th, the House proceeded to the choice, by ballot, of seven managers to conduct the impeachment; and on counting the votes, Messrs. J. RANDOLPH, RODNEY, NICHOLSON, EARLY, BOYLE, NELSON, and G. W. CAMPBELL, appeared to be elected.

On a subsequent day, Mr. NELSON having declined his appointment, on account of absence, Mr. CLARK was chosen in his place.

The following resolution was then adopted:

_Resolved_, That the articles agreed to by this House be
exhibited in the name of themselves, and of all the people
of the United States, against Samuel Chase, in maintenance
of their impeachment against him, for high crimes and
misdemeanors, be carried to the Senate by the managers
appointed to conduct the said impeachment.

The Senate having appointed the 7th of December for receiving the articles of impeachment, the managers repaired on that day, at 1 o’clock, to the Senate Chamber. Having taken seats assigned them within the bar, and the Sergeant-at-Arms having proclaimed silence, Mr. J. RANDOLPH read the foregoing articles: whereupon the President of the Senate informed the managers that the Senate would take proper order on the subject of the impeachment, of which due notice should be given to the House of Representatives. The managers delivered the articles of impeachment at the table and withdrew.

On the 10th of December, the Senate, sitting as a High Court of Impeachments, adopted the following resolution: