Chapter M: Gayoso De Lemos (7)

When the members of the New England Company formed their
contract with William Williamson as agent for the Georgia
Mississippi Company, in September, 1795, I had not the least
interest in the concern. Upon the advice of my friends, and
at their solicitation, between that period and the first of
December, I agreed to become interested, and accepted of
a certain share, which was procured for me by a voluntary
relinquishment of a part by several gentlemen for that purpose.
In January, 1796, the agents came on from Georgia to give
the conveyance, and I was deputed as agent for many of the
proprietors near Connecticut river; to discharge which trust
I proceeded to Boston. Before the business was closed my
principals arrived; a variety of considerations induced me to
relinquish the adventure, such as the difference of climate,
the distance of the property, the warlike habits of the
natives, and the want of capital, and before the time of which
I am about to speak, I relinquished my right to two friends
from Connecticut. Thus my concern with the Georgia lands, as I
thought, was closed for ever. But on the evening of the Sunday
next preceding the second Tuesday of February, 1796, Ashbel
Stanley, then of Coventry, in Connecticut, applied to Oliver
Phelps, Esq., and myself, and requested us to become surety for
him and Jeremiah Ripley, Esq., of said Coventry, (they being
partners in trade,) to the Georgia agents, for the space of
sixty days, to the amount of $75,000, and assigned for reason
that the agents would not take notes signed in the name of the
firm, and that he only wanted our names till he could have an
opportunity to procure the name of Judge Ripley as an endorser
to his notes. The great esteem I had for Judge Ripley, and a
knowledge of his ability, induced me to give Mr. Phelps, as
I was about to return to Connecticut, a written engagement
to assume one-third of the risk, in case he should think it
best to make the endorsement. Mr. Phelps made the endorsement
for Stanley, and took into his hands, as security, Stanley’s
conveyance of seven hundred and fifty thousand acres of Georgia
Mississippi Company’s land, for which the endorsement was
given; and, also, an assignment by Stanley of one hundred
thousand acres more, which Seth Wetmore assigned to Stanley.
Stanley failed. Judge Ripley denied the authority of Stanley
to use his name in a land contract, and Mr. Phelps and myself,
as endorsers, had to meet the $75,000. On the fourth day of
May, one thousand seven hundred and ninety-eight, we satisfied
these obligations, and they were cancelled and delivered up.
To acquire the means of satisfying these endorsements, we were
compelled to dispose of 670,000 acres of his land, besides
a vast deal of other property. When we called for the scrip
on the two thousand acres, conveyed by Wetmore to Stanley,
and by Stanley to Phelps, we found that Wetmore had conveyed
the same land to Israel Munson, merchant in Boston. Here a
new difficulty presented itself, which has been but lately
removed. On the 30th of August, 1803, Mr. Phelps, to enable
me to close this dispute, gave me a conveyance of these one
hundred thousand acres; and on the 8th of September, in the
same year, I effected a final settlement with Mr. Munson, of
his claim for the joint benefit of Phelps and Granger. This
explains the conveyances from Mr. Phelps and Mr. Munson to me,
and these facts can be proved by these gentlemen, and by Judge
Ripley, Amasa Jackson, Esq., of New York, Joseph Lyman, Esq.,
of Northampton, Massachusetts, Clerk of the Supreme Court, John
Peck, &c.

On record will also be found a conveyance of one hundred
thousand acres, of December 8th, 1803, from John Peck to me. In
this property I have not the least interest. It is deposited
in my hands in lieu of special bail, in two cases, in favor of
Eli Williams, of Hagerstown, against John Peck, of Boston, now
pending before the court in this district. John Thompson Mason,
Esq., knows this fact.

Finally, I have never been a dealer in this property, nor
otherwise than is herein stated, interested therein; excepting
only that in one instance I have received some scrip of a
gentleman, whose fortune was consumed by his adventuring in the
property, for a demand which was subsisting before the 13th of
February, 1796.

Secondly, As to my accepting the agency. On the 17th day of
February, 1803, the Commissioners on the part of the United
States reported to Congress in favor of a compromise of these
claims and Congress afterwards, in the same session, made an
appropriation of the 5,000,000 acres of land, to satisfy such
demands as Congress might think best to provide for. Thus stood
the business without a single objection within my knowledge to
a compromise, when, in August, 1803, one of the directors of
the New England Mississippi Company, solicited me to accept an
agency in the business. Although I could not see any objection
to it, as I was personally interested, and the duties of my
office had not the least possible relation to the business,
still I was not willing to accept the agency without advice.
Accordingly I stated the case to the last Attorney-General,
who suggested that he would not be understood to give any
opinion on the subject, but for his part he could not perceive
the least objection to my acceptance. After this the agency
was accepted, and I can with the greatest truth aver, that I
then had not the least idea of any objection on the part of
Congress. The only difficulty contemplated was that of bringing
the claimants and the Commissioners to an agreement.

Lastly. As to my conduct as agent. I acknowledge that I have,
in an open, fair, and plain manner, vindicated the rights of
the company I represent. But I deny my attempting to make use
of any kind of influence.

Here I appeal to the Commissioners, whether I have ever
attempted to press any thing in relation to the business. I
make the same appeal to you, sir, and to every other member of
the two Houses of Congress. If I have been guilty of what is
charged upon me, there must be some one ready to rise up, and
bear testimony against me. I trust I have virtue enough not to
attempt improperly to influence any man. If not, I hold the
members of Congress in too high respect to deem them capable of
yielding to any improper influence.

For the truth of this statement, I appeal to the Author of my
existence; and, in support of it, I pledge my character to you
and to my country. I cannot close this letter without offering
my ardent desire for an investigation of my conduct.

I am, sir, with high esteem and respect, your humble servant,

GIDEON GRANGER.

[25] An act of Congress has since passed to prevent members from taking government contracts; but the act did not extend to their sons, brothers, and nephews, and the spirit of it has been often eluded.

[26] Mr. Randolph was the great opposer of these claims in Congress, and General Jackson their great opposer in Georgia. It was he who roused the feeling which overthrew the General Assembly who made the grant, and elected the legislature which annulled their act, and burnt the record of it. He was in the Senate of the U. S. with Mr. James Gunn, the Senator alluded to in the debate as being engaged in the fraud, and lost his life in the last of the many duels which his opposition to this measure brought upon him.

[27] With this session ended the first term of Mr. Jefferson’s administration, and the end of that term presents a natural occasion for reviewing the working of the Government in its point of chief contact with the people--_receipts and expenditures_. These were kept at the lowest point. The internal taxes had been repealed: the custom house duties had not been increased. For, though the change of many articles from the _ad valorem_ to the specific list, had the effect of increasing the revenue, yet it did not increase the duty, the object being to prevent frauds and to simplify and cheapen the collection. The duties themselves, both the specific and the _ad valorem_, remained at the low and moderate rates which characterized the early periods of our Government. The average of the specifics, on the leading articles, were: on spirits, 29 cents per gallon; on wines, 32 cents per gallon; on teas, 16 cents per pound; on coffee, 5 cents per pound; on sugars, 2½ cents per pound; on molasses, 5 cents per gallon. The _ad valorems_ were simplified to three rates, which in fact were but two, the third and highest rate only applying to luxuries, which were but little imported; and the lowest rate applying to the bulk of the importations. Thus the highest rate (20 per centum) in an importation of near forty million dollars worth of merchandise paying _ad valorem_ duties, only fell upon $425,000 of that quantity, while the 15 per cent. fell upon $7,640,000 worth, and the 12½ per cent. rate fell upon 31 millions of dollars worth. The average of all the _ad valorems_ was about 13 per centum; and such was the cheapness of this simplicity of impost, that the cost of collection was only about 4 per centum, and the revenue cutter service almost null. The net revenue yielded was twelve millions and a quarter, of which there went to the principal and interest of the public debt, about eight millions; to the army and navy, about two millions; miscellanies, about half a million; tribute to Algiers, near $200,000; diplomatic intercourse, $60,000; and about $600,000 to the civil list--comprehending the entire _support_ of the Government in all its branches--executive, judicial, and legislative. And thus the moderate duties of that time, upon the moderate importation of that time, with the economy of that time, produced nearly twenty times the amount of revenue which the _support_ of the Federal Government required.

[28] Okefonokee Swamp, covering one-fourth of Georgia, 15,000 square miles--the great refuge of fugitive slaves, white outlaws, and depredating Indians.

[29] The whole object of the bill was the purchase of Florida, but it not being desirable to avow that purpose, the object was covered up in the vague phrases of extraordinary expenses in foreign intercourse. The following is the act as passed:

That a sum of two millions of dollars be, and the same is
hereby appropriated towards defraying any extraordinary
expenses which may be incurred in the intercourse between the
United States and foreign nations, to be paid out of any money
in the Treasury not otherwise appropriated, and to be applied
under the direction of the President of the United States, who
shall cause an account thereof to be laid before Congress as
soon as may be.

[30] The Marquis de Casa Yrujo. He was recalled.

[31] This expunging was so complete that no vestige of the expunged matter appears in the Journal; but it is otherwise well known what it was. The two named persons had presented memorials, which had been received and read, stating that they were under a criminal prosecution, now depending in the Circuit Court of the United States for the district of New York, for an alleged offence against the laws of the United States, in which, if guilty, they have been led into error by the conduct of officers of the Executive Government, who now intend to bring upon the memorialists the penalties of the laws, to sacrifice their characters, fortunes, and liberty, in expiation of their own errors, or to deprecate the vengeance of foreign Governments, by offering the memorialists as victims to their resentment: that they have also experienced great oppression and injustice in the manner of conducting the said prosecution; and praying such relief therein as the wisdom of Congress may think proper to grant.

The prosecution was for an alleged breach of the neutrality laws, in fitting out a vessel from New York against a Power with whom the United States were at peace, to wit, the King of Spain. The vessel was the _Leander_, and built for General Miranda, then engaged in his South American expedition. The implications of the Executive Government which the memorials charged, were voted, by the House of Representatives, to be unsupported and reprehensible, and ordered to be returned to the parties from whom they came. The following was the resolve, adopted nearly unanimously, on the motion of Mr. Early:

_Resolved_, That the charges contained in the memorials of
S. G. Ogden and William Smith are, in the opinion of this
House, unsupported by any evidence which, in the least degree,
criminates the Executive Government of this country; that the
said memorials appear to have been presented at a time and
under circumstances insidiously calculated to excite unjust
suspicions in the minds of the good people of this nation
against the existing Administration of the General Government,
and that it would be highly improper in this House to take any
step which might influence or prejudice a cause now pending in
a legal tribunal of the United States. Therefore, _Resolved_,
That the said memorials be by the Clerk of this House returned
to those from whom they came.

[32] The constitutional power of Congress to prohibit the importation of slaves into States, did not accrue till the year 1808; but Territories not being States, the constitutional prohibition had no application to them.

[33] This was the public commencement of Mr. Randolph’s separation from the Administration of Mr. Jefferson; but his dissatisfaction had begun before, at the retention of Mr. Granger, Postmaster-General, in the Cabinet, after it was known that he was the agent of the New England Mississippi Land Company.

[34] Since the statute of 13th William the Third, the British Judges are removable upon the joint address of the two Houses of Parliament, notwithstanding they are commissioned, since that statute, during good behaviour--_quamdiu se bene gesserint_. Before that time they were commissioned during the royal pleasure--_durante bene placito_: and it was usual, during profligate reigns, when convictions of obnoxious persons were required, to remove such of the judges as could not be relied on, and appoint a subservient set in their place. The act of William the Third made them independent of the King, but not of the Parliament representing the country. Their independence of the crown was completed by the statute 1 George III., which prevented the vacation of their commissions on the demise of the sovereign.

[35] This is the true view of the constitution, and of our policy, and the motive to the confederation of 1778, and to Union of 1787. Defence was the object, and the policy--so declared in the instruments of confederation and of Union, and so proclaimed by every consideration of policy. And for defence, the United States are the strongest power in the world. Her railroads in a few days would place a million of volunteers, if needed, on any point of land attack: her privateers would clear the seas of the enemy’s commerce. And these two great means of defence would be as cheap as effective; superseding the old expensive policy of “_preparing for war in time of peace_.”

[36] The practice of pronouncing funeral eulogiums over deceased members had not been yet adopted. Attending the funeral, and wearing the badge of mourning, were deemed the adequate honor; and well worthy was General James Jackson of it. He was a man of marked character, high principle, and strong temperament--honest, patriotic, brave--hating tyranny, oppression, and meanness in every form; the bold denouncer of crime in high as well as in low places; a ready speaker, and as ready with his pistol as his tongue, and involved in many duels on account of his hot opposition to criminal measures. The defeat of the Yazoo fraud was the most signal act of his legislative life, for which he paid the penalty of his life--dying of wounds received in the last of the many duels which his undaunted attacks upon that measure brought upon him.

[37] The item for contingent expenses of the Navy, comprises commissions to agents to foreign countries and in the United States, officers’ travelling expenses, expense of conveying seamen from one port to another, as for instance where seamen are entered in Philadelphia or Baltimore to join a vessel fitting out at Washington, the expense of nautical instruments, such as compasses, quadrants, spy-glasses, &c., charts, books, models, drawings, signals, lanterns, oil, candles, clamps, fuel, hammocks, trumpets, glass, cisterns, cases, mess kids, axes, gridirons, tea kettles, galleys, shovels, tongs, charcoal, sulphur, saltpetre, fire engines, fire buckets, bread bags, and an infinite variety of other such articles, not expressly provided by law.

[38] Two frigates.

[39] The item for ordnance comprises cannon, carronades, swivels, blunderbusses, muskets, pistols, swords, boarding-pikes, cutlasses, cannon ball of every description, musket and pistol ball, cannon, musket, pistol and priming powder, powder horns, priming horns, flannel and paper cartridges, cartridge boxes, slow match, lint stocks, worms, rammers, sponges, wads, gun-locks, screw-drivers, flints, cartridge thread, &c.

[40] The error which now prevails (with so many) on the subject of the fishing bounties and allowances, is one which strongly illustrates the evil in our legislators, of not being sufficiently acquainted with our early Congressional history. They are now held by many--by enough to prevent their repeal--to be bounties out of the Treasury for the encouragement of the fisheries as a nursery of seamen, when their whole history proves that they were denied when asked on that ground, (bounties out of the Treasury to any branch of industry being equally unconstitutional and impolitic,) and only granted on the principle of drawback--as a refunding of duty paid on foreign salt exported on fish; and as such applied at first to all salted provisions, both beef and pork as well as to fish. And as such drawback these bounties and allowances rose and fell with the salt tax as long as national legislation was under the control of our earlier generation of statesmen; but since near thirty years this dependence of the bounties and allowances upon the salt tax has ceased to be known, and, while the duty has been undergoing reductions, the bounties and allowances have remained at the highest rate they ever attained when the salt duty was at its highest rate. The want of this knowledge has cost the public treasury some millions of dollars; and is still costing it some hundreds of thousands annually.

[41] The application of steam power to the propulsion of boats on water and cars on land, under the enterprise of private individuals, has superseded all the old ideas of federal internal improvement by roads, rivers, and canals.

[42] This is the first appearance of Mr. Clay in either House of Congress.

[43] The following are the letters:

NASHVILLE, Jan. 8, 1807.

SIR: I received your instructions, dated the 2d instant,
and agreeably thereto, I delivered your letter, addressed
to General Thomas Johnson, to Colonel Cheatham, and it was
forwarded to him immediately. I arrived at Centreville on
the 4th instant; heard a report there that Colonel Burr had
gone down the river with one thousand armed men; arrived at
the mouth of Cumberland river that evening, and made inquiry
concerning Colonel Burr, and was informed that he left that
place on the 28th December, 1806, with ten boats, of different
descriptions; had sixty men on board, but no appearance of
arms. I left there on the 5th instant, and arrived at Fort
Massac that evening; delivered your letter to Captain Bissel,
and received his answer; made some inquiries of him, and was
informed that Colonel Burr had left that place on the 30th
December, 1806, with ten boats. He likewise informed me that he
had been on board the boats, and seen no appearance of arms or
ammunition. On my return to the mouth of Cumberland river, I
was informed that three boats had been stopped at Louisville,
with a quantity of ammunition. There are about fifty men
stationed at the mouth of Cumberland, under command of Colonel
Ramsey.

I remain, with the highest esteem, yours,

JOHN MURRELL.

GEN. ANDREW JACKSON.

* * * * *

FORT MASSAC, Jan. 5, 1807.

SIR: This day, per express, I had the honor to receive your
very interesting letter of the 2d instant; I shall pay due
respect to its contents; as yet I have not received the
President’s Proclamation alluded to, nor have I received any
orders from the Department of War relative to the subject
matter of your letter.

There has not, to my knowledge, been any assemblage of men
or boats, at this or any other place, unauthorized by law
or precedency; but, should any thing of the kind make its
appearance, which carries with it the least mark of suspicion,
as having illegal enterprises or projects in view, hostile to
the peace and good order of Government, I shall, with as much
ardor and energy as the case will admit, endeavor to bring to
justice all such offenders.

For more than two weeks last past I have made it a point to
make myself acquainted with the loading and situation of all
boats descending the river. As yet there has nothing the least
alarming appeared. On or about the 31st ultimo, Colonel Burr,
late Vice President of the United States, passed this with
about ten boats, of different descriptions, navigated with
about six men each, having nothing on board that would even
suffer a conjecture, more than a man bound to market; he has
descended the rivers towards Orleans. Should any thing, to my
knowledge, transpire, interesting to Government, I will give
the most early notice in my power.

I have the honor to be, respectfully, sir, your obedient
servant,

DANIEL BISSEL.

GENERAL ANDREW JACKSON.

[44] With this agreed the practice of all the free States at that time, and the laws of several of them--as New York and Pennsylvania--in the former of which nine months, and in the latter six months, was allowed to the sojourner and traveller to depart with his slave, with the alternative of taking the character of a resident if he remains longer, and thereby subjecting his slave to the emancipation laws of the State.

[45] The bill was passed through the House with only five dissenting votes, and through the Senate with nearly equal unanimity. The following is a copy of the act:

That, from and after the thirtieth day of June next, the
act, entitled “An act laying an additional duty on salt
imported into the United States, and for other purposes,”
passed the eighth day of July, one thousand seven hundred and
ninety-seven, shall be, and the same hereby is, repealed, and
that, from and after the thirty-first day of December next, so
much of any act as lays a duty on imported salt be, and the
same hereby is, repealed; and, from and after the day last
aforesaid, salt shall be imported into the United States free
of duty: _Provided_, That for the recovery and receipt of
such duties as shall have accrued, and on the days aforesaid,
respectively, remain outstanding, and for the recovery and
distribution of fines, penalties, and forfeitures, and the
remission thereof, which shall have been incurred before and on
the said days, respectively, the provisions of the aforesaid
act shall remain in full force and virtue.

SEC. 2. _And be it further enacted_, That, from and after the
first day of January next, so much of any act as allows a
bounty on exported salt, provisions and pickled fish, in lieu
of drawback of the duties on the salt employed in curing the
same, and so much of any act as makes allowance to the owners
and crews of fishing vessels, in lieu of drawback of the duties
paid on the salt used by the same, shall be, and the same
hereby is, repealed: _Provided_, That the provisions of the
aforesaid acts shall remain in full force and virtue for the
payment of the bounties or allowances incurred or payable on
the first day of January next.

☞ Throughout the entire debate on the bill, there was not a word of objection to the bounties and allowances falling with the salt tax.

[46] The motion to “reject” a bill is one of indignity to it. It is equivalent to declaring that it is unworthy of consideration, and therefore to be driven out of the House on learning what it is from the first reading, (which is only for information,) without going to the second reading, which is for consideration.

[47] Only five dissentients, and they both from free and slave States, and dissenting upon matters of detail. So that the prohibition of the trade itself may be considered unanimous.

[48] The bill from the Senate to suspend the privilege of the writ of _habeas corpus_ had been rejected in the House, and this movement was for the better securing the privilege in future. Although prospective in its terms and object, the debate upon it was chiefly retrospective, looking back to the arrest of persons in New Orleans as accomplices of Burr; and thus possesses a double interest, as connecting itself with history while discussing a question of the greatest interest to the liberty of the citizen.

[49] This alludes to the early conspiracy to separate Kentucky from the Union, while the Spaniards held the mouth of the Mississippi, and, with it, a check upon the exports of the West. The conspiracy existed--the Spanish Governor General at New Orleans, and some leading citizens of Kentucky, the parties. Spanish money was paid to some of these citizens--some were even stipendiaries, receiving annual sums for their treacherous service to Spain. General Wilkinson had the misfortune to be implicated in this conspiracy, but the proof of it was never made out.

[50] He had been tried at Richmond, Va., (Chief Justice Marshall presiding,) on two indictments--one, for high treason, in levying war against the United States; the other, for a misdemeanor in setting on foot, within the United States, a military expedition against a power with whom the United States were at peace, _to wit_, Spain; and had been acquitted on both trials, under instructions from the Court. First. That the acts proved under the treason indictment, did not amount to levying war against the United States. Second. That the military expedition against Spain was set on foot in Ohio, and not in Virginia, and therefore not triable in Virginia. Col. Burr was recognized to appear and answer to this charge in Ohio, but forfeited the recognizance, and the United States for many years.

[51] It was dated 29th July.

[52] Joseph Hamilton Daviess, of Kentucky, the able lawyer, brilliant pleader, and ardent patriot, killed at Tippecanoe at the head of a night charge upon the Indians.

[53] 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--18.

NAYS.--Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland, Logan, Maclay, Olcott, Pickering, Plumer, Stone, Sumter, and Worthington--13.

[54] In consequence of this vote Mr. Smith withdrew from the Senate, and resigned his place in a letter (affirming and arguing his innocence) to the Governor of Ohio.

[55] This contested election, as involving a point of constitutional law, to wit, whether a State Legislature can add to, or diminish, the representative qualifications which the constitution prescribes? rises above a question between individuals, and becomes an exception to the general rule of this abridgment, to omit reports, debates, and proceedings on contested elections. The report of the committee, after extended debate, was agreed to by the House, almost unanimously--89 to 18.

[56] This is a sensible speech, and its recommendations have since been adopted in practice by all the States, except in the classification of the militia and the estimate of volunteers. Experience--that of the war of 1812, and the late war with Mexico--has since proved that volunteers may be relied upon for all _active_ service in the United States, either at home or abroad; and that, with the facilities of railroad transportation, such accumulated masses may be thrown upon any point as to crush any invading force. In fact, with railroads and volunteers, the idea of invasion has become obsolete, and the word never mentioned except from habit and past associations.

INDEX TO VOL. III.

A

_Act, Embargo, the_, 641.

ADAIR, JOHN, Senator from Kentucky, 348; on British aggressions
on our commerce, 358.

ADAMS, JOHN QUINCY, Senator from Massachusetts, 6, 163,
345, 485, 547; for the issue of stock for the purchase of
Louisiana, 18; on the amendment to the constitution relative
to the election of President, 25; opposes removal of seat of
Government, 46, 47; on suspending intercourse with St. Domingo,
349; on the bill to prevent the abuse of the privileges of
foreign ministers, 364; on the bill for the relief of the
ex-Bashaw of Tripoli, 372; on order of proceedings in the case
of John Smith, 554; on the expulsion of Senator John Smith,
573; on amendment to the constitution relative to the removal
of the Federal Judges, 607.

_Address of Senate and House_, in answer to President’s
Messages.--_See Index_, vols. 1 and 2.

_Admirals in the Navy._--_See Index_, vol. 2.

_Admissions on the Floor of the Senate_, considered, 39.

_African Slavery_, petition of Thomas Morris relative to, 166.
_See Index_, vols. 1 and 2.

_African Slaves._--_See Index_, vols. 1 and 2.

ALEXANDER, EVAN, Representative from North Carolina, 413, 613.

ALEXANDER, NATHANIEL, Representative from North Carolina, 50,
297.

_Algerine War._--_See Index_, vol. 1.

_Alien and Sedition Laws._--_See Index_, vol. 2, _Seditious
Practices and Defensive Measures_.

_Allegiance, Foreign._--_See Index_, vol. 1.

ALSTON, WILLIS, jr., Representative from North Carolina, 50,
285, 377, 493, 613; on the postponement of the bill to tax
imported slaves, 141; on laying a duty on imported slaves,
387; on the payment of witnesses on the trial of Chase, 410;
on importations from Great Britain, 464; on a plurality of
offices in the same person, 468; on conference with the Senate
relative to a repeal of the duties on salt, 482, 484; on the
appropriation to build gunboats, 518; on securing the privilege
of the habeas corpus, 533; on British aggressions, 617; on
inquiring into the conduct of General Wilkinson, 645. _See
Index_, vol. 2.

ALSTON, LEMUEL J., jr., Representative from South Carolina, 613.

_Amendment to the Constitution._--Proposed in the Senate,
6; necessity of designating the persons severally, whom the
people should wish to hold the offices of President and Vice
President, 6; strongly recommended by State Legislatures, 6;
_note_, 6; are three readings of a resolution required by
the rules of the Senate? 6; opinions of Senators asked, 7;
resolutions requiring the joint action of both Houses required
to take the same course as bills, 7; this resolution proposes
an alteration of the supreme law of the land, 7; amendments
offered to the form and substance of the resolution, requiring
a majority of votes of electors necessary to a choice of
Vice President, and when wanting, referring his election to
the Senate, 7; amendment proposed, that no person serve more
than eight years, or more than four in any period of eight
years, 7; moved to refer to a select committee, 7; subject too
important to be hurried, 7; the business should be immediately
proceeded with, 7; amendments carried and resolution referred,
7; committee report, 7; moved to strike out all relating to the
appointment of Vice President, 7; object of the mover to put
off the main question, 8; custom of some to arraign motives
instead of meeting arguments, 8; charge of arraigning motives
totally unfounded, 8; if this motion is considered it may
jeopard the amendment for discrimination, as two-thirds of the
State Legislatures will be in session in two or three months,
8; postponement moved, 8; lost, 8; report of the committee
further considered, 21; question of order raised relative to
a two-thirds vote, 21; motion to strike out all relating to
the Vice President, lost, 21; various amendments adopted, 21;
discussion on limiting the choice for President to natural-born
citizens, 21; discussion on limiting the number from which
the House shall choose a President, to three, 22; a point of
importance to the small States, 22; the small States have no
reason for any apprehension, 22; the number five desirable,
22; design of the constitution to secure a competition to the
aspirant for the office, 23; this general amendment of the
constitution unnecessary, 23; present mode may be the source
of great good, 23; amendment read, 23; the Vice President
should be chosen by the same ratio of numbers as the President,
23; he may by some casualty become President, 23; adopt the
designating principle without some precautions, and you lose
the assurance that the Vice President will be the second man
in the nation, 24; if we designate any, then designate both
President and Vice President, and on equal terms, 24; the
number three is large enough, if the candidates are designated,
24; is not the constitution susceptible of correction under
experience? 24; reason for adopting the number three instead
of five, 25; this is really a question between great and small
States, 25; in the old Congress the States were all equal, 25;
the amendment calculated to produce more good than evil, 25;
by reducing the number do you not attack the principles of
the federative compact? 26; object of the amendment to make
the election more certain by the people, by leaving it to
them to designate the persons they preferred for each office,
26; the jealousy of States is nothing but the leaven of the
old Congress, 26; why is no regard paid to the experience of
the last election? 27; the most effectual mode to keep the
selection out of the House is to fix it on the number three,
27; three conforms more to the spirit of the constitution than
five, 27; the number three adopted, 27; reasons for opposing
this amendment of the constitution, 27; the constitution bears
marks of having been issued under the influence of State
classifications, 27; effect of this amendment when two rival
parties are arrayed against each other, 28; what inconvenience
is there in the present mode? 28; the experiment has worked
well, 28; importance of the Vice Presidency, 28; operation of
the designating principle examined, 29; how amendments must
be made, 29; this amendment affects the relative interest
and importance of the smaller States, 30; it has a tendency
to render the Vice Presidency less respectable, 30; the
resolution contains principles which have a manifest tendency
to deprive the small States of an important right, secured
to them by a solemn and constitutional compact, and to vest
an overwhelming power in the great States, 30; imperfections
of man, 30; attempt to excite the attention, the vigilance,
and even the jealousy of the small States, against the large,
31; constitution examined to place in its proper light the
operation and effects of the resolution, 31; Madison on the
mode of electing President, 32; what is the direct object
of the proposed alteration in the choice of President, 32;
intention of the plan adopted by the constitution for choosing
a President, 33; the opposition to this discriminating
amendment is condensed into a single stratagem, namely, an
effort to excite the passion of jealousy in various forms,
33; two principles sustain the constitution--a majority of
the people, and a majority of States, 34; these principles
considered, 34; view under which the amendment should be
considered, 34; is the amendment calculated or not to cause
the popular principle to operate perfectly, and to prevent the
abuse of an election by a minority, 35; does the amendment
afford cause of jealousy to the smaller States, 35; instance
of a government, the substance of the constitution of which
is destroyed, but the form remains unaltered, 35; solution of
this effect, 35; the design of the amendment is to bestow on
the majority a power to elect a Vice President, 36; question
carried, 37; not decided fairly, 37; two-thirds of the whole
number elected are required, 37; amendment as adopted, 37;
further amendment considered, 38; lost, 38.

_In the House_, report of the Committee considered, 58; evils
relative to the election of President and Vice President were
anticipated at the time of the adoption of the constitution,
58; amendment moved to the resolution, 58; true spirit
and principle of the constitution, through the organs of
government, to express public opinion, 58; the amendment
moved proposes to elect the President by the House, not by
States, 58; amendment misunderstood, 59; if any defect in the
constitution, that defect perhaps consists in a departure from
the plain and simple modes of an immediate election by the
people, 59; a legislative election should be restrained to the
smallest number, 59; the number should be five, instead of
three, 59; object of the amendment should be to prevent persons
voted for as Vice President from becoming President, 60; five
will allow to the smaller States a larger scope for choice,
60; two comes nearer to the principle of the constitution than
five, 60.

_Relative to the removal of Federal Judges_, resolutions
offered, 341; referred to Committee of the Whole, 341;
postponed to next session, 341; moved in the House, 413;
postponement moved, 414; reasons against postponement, 414;
an important means of bringing the administration back to
the principles on which it came into power, 414; _note_,
414; history of corruptions, 415; causes of the delay in the
business of the House, 415; a subject of last importance to
the peace and happiness of the United States, 415; part of the
constitution relating to the power of impeachment a nullity,
415; _note_, 415; reasons for postponement, 416; reasons
against postponement, 416; postponement indefinite lost, 417.

_Various amendments suggested._--State of the country at the
adoption of the constitution, 607; Federalist and Republican,
607; one of the errors of the constitution, 607; modes of
correction, 607; proposed to reduce the term of representatives
to one year, 608; term of senators to three years, 608;
President to be chosen by lot from the Senate, for one year,
609; objections considered, 609; advantages considered, 610.
_See_ _Index_, vol. 1.

AMY DARDIN’s _claim_, report on considered in the House, 82;
report not agreed to, 82; moved to grant the prayer of the
petitioner, 82; carried in committee, 82; amendment moved in
the House, 82; committee instructed to bring in a bill, 82;
motion to take up the bill, 85; move to postpone, in order
ultimately to test the sense of Congress on repealing the
statutes of limitation, 85; motion lost, 85; bill amended,
so as to allow $2,500 for the horse Romulus, 85; the $2,500
negatived, 85; $2,300 adopted, 85; bill ordered to third
reading, 85; bill lost, 85; petition of referred, 302; bill
reported and read twice, 340. _See_ _Index_, vols. 1 and 2.

ANDERSON, ISAAC, Representative from Pennsylvania, 50, 285,
377, 493.

ANDERSON, JOSEPH, Senator from Tennessee, 3, 165, 346, 547;
favors temporary removal of seat of government, 46; further
remarks, 47; elected President _pro tem._ of Senate, 169; on
British aggressions on our commerce, 356; on expelling Senator
John Smith, 598. _See_ _Index_, vol. 2.

_Appropriations, Naval_, bill making for the year 1806
considered in the House, 474; moved to strike out the words
“and other contingent expenses,” 474; _note_, 474; what objects
intended to be provided for under this term, 474; this bill
mere form, the money might be appropriated in the lump, 474;
expenditure the same, 474; motion to strike out, lost, 474;
annual expenditures for the navy, 475; further debate, 475;
bill ordered to third reading, 476; moved to recommit, 478;
passed, 478; importance of circumscribing contingencies, 478;
time to check this loose proceeding, 478; bill reported, 478.

_Appropriations._--_See_ _Index_, vols. 1 and 2.

ARCHER, JOHN, Representative from Maryland, 52, 285, 378. _See_
_Index_, vol. 2.

_Arms, exportation of_, amendments to bill relative to, 380.

ARMSTRONG, JOHN, Senator from New York, 38, 44.

_Army._--_See_ _Index_, vols. 1 and 2.

_Army Uniforms_, petition of Andrew Jackson relative to, 167.

B

BACON, EZEKIEL, Representative from Massachusetts, 614; on
inquiry into the conduct of Gen. Wilkinson, 648.

BAILEY, THEODORE, Senator from New York, 3; resigns his seat in
the Senate, 39. _See_ _Index_, vols. 1 and 2.

BALDWIN, ABRAHAM, Senator from Georgia, 3, 163, 345, 485. _See_
_Index_, vols. 1 and 2.

BALDWIN, SIMEON, Representative from Connecticut, 79, 286.

_Bank of the United States_, memorial of stockholders, 611.

_Bank of the United States._--_See_ _Index_, vol. 1.

_Bankrupt Act_, vote on the bill to repeal in Senate, 38; bill
to repeal, as passed by the Senate, 38.

_In House._--Resolution to repeal considered, 79; no
remonstrance hostile to it has been received, 79; law expires
by its own limitation in a few years, 79; principle unjust, as
it favors one class of citizens at the expense of all others,
79; the preferable system was that of the States extending
relief to insolvents, 79; its partial operation has a most
mischievous influence on the morals of the mercantile world,
79; the principle inequitable as regards debtor and creditor,
79; while justice and humanity dictates the liberation of
the body of the debtor, justice forbids the exoneration of
property from going to satisfy debts, 80; the principle of the
law, however good in theory, can never be carried into effect,
80; the expenses are an objection to the system, 80; _note_,
80; the honest, though unfortunate, debtor has nothing to fear
from his creditors, 80; the public silence indicates neither
hostility nor opposition, 80; true policy to suffer the act
to expire by its own limitation, 81; general sentiment of the
nation concurs in the propriety of affording some relief to
the distresses of the commercial world, 81; if the exoneration
of property from just debts is a violation of justice, this
does not hold in commercial concerns, 81; credit is the
life of trade, 81; the principles of a bankrupt law do not
operate in favor of the debtor, 81; such a system multiplies
checks against fraud, 81; one object of the constitution in
granting the power, was the establishment of credit upon broad
principles of justice, 81; report of committee agreed to, 82;
amendment extending the period of removal moved, 82; amendment
directing the completion of all proceedings under commissions
taken out previous to repeal, 82.

_Bankruptcy._--_See_ _Index_, vol. 2.

BARBARY POWERS, protection of commerce against, _see_ _Duties
on Imports_.

BARD, DAVID, Representative from Pennsylvania, 50, 285, 377,
493, 612; on a tax on imported slaves, 96; on the importation
of slaves, 130. _See_ _Index_, vol. 2.

BARKER, JOSIAH, Representative from Massachusetts, 377, 493,
612.

BARNEY, JOSHUA, report on petition of, 615.

BASSETT, BURWELL, Representative from Virginia, 377, 493, 613;
to prohibit members of Congress from making contracts with the
Government, 659.

BASSETT, JOHN, his testimony for the defence on the trial of
Judge Chase, 210.

BAYARD, JAMES A., Senator from Delaware, 165, 353, 487, 552; on
British aggressions on our commerce, 357. _See_ _Index_, vol. 2.

BEAUMARCHAIS, claim of petition relative to, 473; claim of
report on, 542.

BECKLEY, JOHN, chosen Clerk of the House, 51, 378. _See_
_Index_, vols. 1 and 2.

BEDINGER, GEORGE M., Representative from Kentucky, 50, 285,
378, 493; on a tax on imported slaves, 130, 132, 140.

BEDFORD, GUNNING, his testimony for the defence on the trial of
Judge Chase, 225.

BENTLEY, WM., appointed Chaplain by the House, 164.

BETTON, SILAS, Representative from New Hampshire, 50, 285, 377,
493.

BIBB, WILLIAM W., Representative from Georgia, 503, 613, on
home manufactures, 709.

BIDWELL, BARNABAS, Representative from Massachusetts, 377, 493;
offers a resolution to present a sword to Gen. Eaton, 380,
381; on the presentation of a sword to Gen. Eaton, 382; on
discharging committee from consideration of invasion of neutral
rights, 394; on a plurality of offices in the same person, 471;
on the importation of slaves, 494, 495, 497; on the suspension
of the Habeas Corpus, 510; on securing the privilege of the
Habeas Corpus, 525, 535.

_Bills_, in Senate, to authorize President to take possession
of territory ceded by France, 6; second reading of do., 7;
ordered to third reading, 8; passed, 8.

_Bills, Money._--_See_ _Index_, vol. 1.

BISHOP, PHANUEL, Representative from Massachusetts, 50, 287,
377, 497. _See_ _Index_, vol. 2.

BLACKLEDGE, WILLIAM, Representative from North Carolina, 50,
285, 613.

BLAKE, JOHN, jr., Representative from New York, 377, 493, 612.

BLOUNT, THOMAS, Representative from North Carolina, 378,
613; on post roads, 542; reports relative to the attack on
the Chesapeake, 616; further report relative to British
aggressions, 621; on building gunboats, 626, 628. _See_
_Index_, vols. 1 and 2.

BONAPARTE’s proclamation to the inhabitants of St. Domingo, 362.

BONDE, THOMAS, Representative from Pennsylvania. _See_ _Index_,
vol. 2.

_Boston, Mass._, memorial of inhabitants relative to
aggressions on commerce, 399.

BOYD, ADAM, Representative from New Jersey, 50, 285, 676; on
the retrocession of the District of Columbia, 308; on the
Georgia claims, 324.

BOYD, JAMES P., his testimony for the defence on the trial of
Judge Chase, 228.

BOYLE, JOHN, Representative from Kentucky, 50, 285, 380,
493; on the resolution relative to public roads, 84; on the
government of Louisiana, 148; reports relative to canal at the
Rapids of the Ohio, 465.

BRADLEY, STEPHEN E., Senator from Vermont, 3, 163, 345, 485,
547; offers amendments to the resolution relative to amendments
of the constitution, 7; moves to strike out part of the
proposed amendment to the constitution, 23; further remarks,
24. _See_ _Index_, vols. 1 and 2.

_Breach of Privilege._--_See_ _Index_, vol. 2.

BRECKENRIDGE, JOHN, Senator from Kentucky, 3, 165; gives notice
for leave to bring in a bill to authorize President to take
possession of territories ceded by France, 6; asks leave, 6;
reports on amendments of the House to Senate’s bill authorizing
the President to take possession of Louisiana, 8; on the merits
of the Louisiana treaty, 16. _See_ _Index_, vol. 2.

_Bribery._--_See_ _Index_, vol. 1.

BRICE, NICHOLAS, his testimony for the defence on the trial of
Judge Chase, 228.

_Bridge over the Potomac_, bill postponed, 374. _See_ _Potomac
Bridge_.

_British Aggressions on our Commerce_, message from the
President relative to, in Senate, 353; report of the committee
on the message considered, 355; first resolution passed, 355.

Second resolution relative to a demand for the restoration
of property, &c., and to make arrangements relative to the
impressment of seamen considered, 355; impropriety of agreeing
to the resolution arising from all the circumstances of the
case, 356; this resolution predicated on the principle of
the first, which passed unanimously, 356; language of the
resolution not too strong, 356; the principle of the resolution
considered, 357; the resolution shelters the Executive from
the responsibility which ought to attach to its measures, 357;
it demonstrates the union of the different branches of the
Government on the subject, 357; the resolution will bear the
character of advice to the President, 357; we should reflect
upon this step, 357; object of the resolution, 358; motion
to recommit to a special committee, 358; objections to the
resolution in its present shape, 358; motion to recommit lost,
358; it becomes the Senate to take stronger ground and adopt
vigorous measures before requesting the President to negotiate,
359; negotiation not exhausted, 359; two objections made to
the resolution, a censure upon the President, and a sacrifice
of the honor and interests of the United States, 359; these
considered, 359; resolution carried, 359.

Third resolution considered, 369; the first resolution is a
declaration of our neutral rights, the second requests the
President to send a special Minister to England, &c., the
third proposes to prohibit the importation of certain British
goods, unless redress is obtained, 369; it is designed to aid
negotiation, 369; Great Britain prohibits the importation of
our goods, and how can she regard this as a war measure? 369.
_In the House._--Resolution to call on the President for a
copy of his Proclamation interdicting our ports and harbors to
British armed vessels, 617; no necessity for the measure, 617;
it has been published in all the newspapers, 617; the former
practice, 617; this opposition to the motion unaccountable,
618; not contained in the report of the committee because it
was believed to be sufficiently official in the newspapers,
618; resolution adopted, 619; copy of Proclamation, 619; report
of committee on the report, 621.

_British Treaty_, deficiency in the appropriation to carry out
the seventh article, 287. _See_ _Index_, vol. 1.

BROOM, JAMES M., Representative from Delaware, 383, 493; on
laying a tax on imported slaves, 390; on securing the privilege
of the Habeas Corpus, 520, 526.

BROWN, JOHN, Senator from Kentucky, 3, 165; elected President
_pro tem._ of Senate, 3; on rules of the Senate relative to
separate readings of resolutions, 7; submits to Senate a
question of order, 21; elected President _pro tem._ of Senate,
41. _See_ _Index_, vols. 1 and 2.

BROWN, OBADIAH B., elected chaplain of the House, 614.

BROWN, ROBERT, Representative from Pennsylvania, 50, 286, 377,
493, 612. _See_ _Index_, vol. 2.

BRYAN, JOSEPH, Representative from Georgia, 79, 286, 379.

BURR, AARON, as Vice President presides in Senate, 38; Vice
President presides over the Senate, 163; franking privilege
denied, 168; farewell address to the Senate, 169; _note_, 170.
_See_ _Index_, vols. 1 and 2.

BURWELL, WILLIAM A., Representative from Virginia, 493, 613;
on rejection of the bill from the Senate suspending the Habeas
Corpus, 504; on securing the privilege of the Habeas Corpus,
522; on British aggressions, 618; on inquiry into the conduct
of General Wilkinson, 646; on naturalization laws, 659; on
suspension of the act of non-importation, 709.

BUTLER, PIERCE, Senator from South Carolina, 6; reports on
amendment to the constitution, 7; offers amendment to limit
eligibility to Presidency, 7; on the eligibility only of
natives to the Presidency, 21; resigns, 165. _See_ _Index_,
vol. 1.

BUTLER, WILLIAM, Representative from South Carolina, 51, 207,
378, 493, 613.

C

CALHOUN, JOSEPH, Representative from South Carolina, 613.

CAMPBELL, GEORGE W., Representative from Tennessee, 51, 285,
378, 613; on the amendment to the constitution relative to the
election of President, 58, 60; on postage on newspapers, 78; on
the resolution relative to public roads, 83; on the resolution
to inquire into the official conduct of Judge Chase, 94; on the
government of Louisiana, 152; continues the argument for the
prosecution on the trial of Judge Chase, 232; on improving the
navigation of the Potomac, 291; on the establishment of post
roads, 338; on importations from Great Britain, 451; on the
appropriation to build gunboats, 517; on securing the privilege
of the Habeas Corpus, 531; on fortifications and gunboats, 638;
on removal of the federal judges, 675; on suspension of the
embargo act, 677; on suspension of the act, 693.

CAMPBELL, JOHN, Representative from Maryland, 50, 286, 377,
493, 612. _See_ _Index_, vol. 2.

CARLTON, PETER, Representative from New Hampshire, 612.

CARONDELET, his letter relative to money for General Wilkinson,
642.

CASEY, LEVI, Representative from South Carolina, 51, 287, 378,
494; decease announced, 491, 515.

_Census of the Union._--_See_ _Index_, vol. 1.

CHAMBERLAIN, WILLIAM, Representative from Vermont, 50, 285.

CHAMPION, EPAPHRODITUS, Representative from Connecticut, 612.

CHANDLER, JOHN, Representative from Massachusetts, 377, 493,
612; on importations from Great Britain, 462; on building
gunboats, 627; on inquiry into the conduct of General
Wilkinson, 645.

_Charitable objects._--_See_ _Index_, vol. 1.

_Charlestown, Virginia_, petition of inhabitants for a port of
entry, 407; report of committee of commerce, 409; facts in the
case, 409; report agreed to, 409.