Chapter M: Gayoso De Lemos (8)

CHASE, JUDGE, _official conduct of_ considered in the House,
88; no people have such a sense of the importance of preserving
unpolluted the fountains of justice as citizens of the United
States, 88; hence the independence of the judges under the
constitution, 88; resolution offered to appoint a committee to
inquire into the official conduct of Samuel Chase, and whether
he has so acted in his judicial capacity as to require the
interposition of the constitutional power of the House, 89;
called upon to vote an inquiry into the conduct of a judge
without any facts being adduced to show that such an inquiry
should be made, 89; to adopt the resolution in its present
form would be a vote of censure on the Judge, 89; parties
aggrieved, or members cognizant of the facts, should bring
up the measure, 89; statement of facts made at last session,
89; occasion of that statement, 90; a statement of the facts
occurring in Pennsylvania, 90; this is the first instance
in which a motion to appoint a committee of inquiry into
the official conduct of a public officer has been opposed,
90; this House the constitutional guardians of the morality
of the judiciary, 90; character of the Judge involved by
this discussion, 90; the conviction of any one member of
the propriety of this measure cannot warrant the House in
taking this step, 90; the statement of facts is not founded
on personal knowledge, 91; hearsay should never be the ground
for instituting an inquiry, 91; action should be delayed until
such facts are disclosed as will justify the step, 91; the
propriety of the inquiry cannot be seen without evidence, and
what is the object of the inquiry but to obtain evidence, 91;
if the inquiry cannot be had without the evidence, both must
be dropped, 91; no impropriety in giving the case the same
direction as all other business of the House, 91; it does not
appear correct to call the character of a public officer in
question, unless some necessity should first appear, 92; no
precedents adduced which apply to this case, 92; case of Judge
Pickering, 92; the course proposed inverts the natural order of
things, being an inquiry for and not out of facts, 92; facts
stated not sufficient for impeachment, 93; the grounds should
be stated in the form of a resolution, and such resolution be
referred to a committee for investigation, 93; we have the
same right to impeach the President, yet it would be improper
without facts, 93; question of adjournment moved and lost,
93; postponement desired, to afford time for reflection, 94;
we should proceed cautiously in this matter, 94; before the
vote for an inquiry there should be probable grounds that
facts exist to authorize such a procedure, 94; improper to go
into such an inquiry before specific charges are laid before
the House, 94; reasons for proceeding in what is termed so
precipitate a manner, 95; all objections are applicable to a
motion for impeachment only, 95; committee rose, 95; amendment
moved to insert also the name of Judge Richard Peters in the
resolution, 96; only a committee is asked to receive evidence,
and determine whether it affords grounds for an impeachment,
96; no way more favorable to the person implicated, 96; on
the request of a member for a committee of inquiry, that
measure ought to be adopted, 96; precedents are not necessary;
reason and common sense are all that is necessary to guide to
a decision, 97; British annals are full, 97; case of the Earl
of Strafford, 97; it is notorious that Fries was tried for his
life without being heard, 97; Peters equally guilty with Judge
Chase--amendment carried, 98; let the facts be laid before the
House, 98; otherwise we shall legislate on the opinion of a
member, 98; men of talents will not take seats on the bench,
if their character is liable to be scrutinized without any
facts being previously adduced, 98; any member may procure an
investigating committee if this resolution pass, 98; under
the circumstances, the measure is improper in every point
of view, 99; arguments of the opposition turn on the ground
of expediency and precedent, 99; its expediency argued, 99;
precedents considered, 99; resolution objected to because of
the indelicacy of implicating the character of a judge, 100;
all independence has its limits, 101; is not this House under a
solemn oath for the faithful discharge of this and every other
duty, 101; other objections considered, 102; reasons for every
member to vote for the resolution, 102; this House is the grand
inquest of the nation, whose duty it is to inquire, on a proper
representation, into the conduct of every officer, 103; it is
the duty of a grand jury to inquire who is guilty, 103; in
England common report has been considered sufficient authority
for similar inquiries, 103; not necessary that the House should
be acquainted with any facts to make this inquiry, 103; the
accused should have an opportunity to prove to the world that
his character has been assailed without cause, 104; what will a
committee do, 104; it operates in the nature of an inquisition,
104; let us first ascertain if there is sufficient grounds for
an impeachment, 104; when did this case occur, 104; why has it
rested so long, 104; it is not of the serious nature contended,
104; precedents do not warrant this form of proceeding, 105; so
important is this matter that the conduct of any officer should
be inquired into on the demand of a member, 105; the offence
charged is such as will warrant impeachment, 105; is the
present proceeding conformable to principle? 105; a charge has
been made against Judge Chase, 107; precedents examined, 107; a
more anti-republican resolution not seen, 108; unprecedented,
unparliamentary, 108; information on the matter extremely
contradictory, 109; precedents examined, 109; resemblance to
a grand inquest, 110; proceedings in North Carolina, 110;
difference between the friends and opponents of the resolution,
111; form of a resolution offered, 111; objections and personal
allusions examined and answered, 112; is the denial to the
prisoner and the jury of the right of having the point of law
discussed nothing? 113; is treason better defined than murder?
113; should an incipient inquiry be confined by the same rules
which govern a criminal trial? 113; cases of precedent offered,
113; the House is vested with the sole power of impeachment;
how it is to be exercised must depend on its discretion, 114;
what does the resolution demand of us? 114; if gentlemen are
in possession of facts, let them declare them, 114; let the
instances of malfeasance of these judges be specified, 115;
what public character will be safe, if this resolution is
adopted on the request of a single member? 115; observations
of the opponents are incorrect; the resolution is to inquire,
not to impeach, 115; the duty of the committee will be to
inquire into the official conduct of a certain public officer,
115; if there is no ground for impeachment, the character of
the officer should be vindicated, 115; no justification in the
constitution on which to ground a refusal to inquire, 115;
various objections considered, 116; precedents for the judgment
in Fries’ case, 116; no facts have been shown, 116; the inquiry
is an act of justice due to the people of the United States
on the one hand, and to the officers on the other, 117; all
the difference possible between an inquiry and an impeachment,
117; analogy between the functions of this House and a Grand
Jury correct, 117; the reputation of the Government demands
the inquiry, 117; it is not the examination, but the result of
the examination, that attaches merit or demerit to a public
officer, 118; a full inquiry into the conduct of public
officers should be cherished with great care, 118; in this case
a specific charge has been made, 118; authorities from foreign
nations adduced, 118; the case of the Western Insurrection,
119; the precedents adduced, examined, 120; committee of
investigation of the last Congress, 120; this resolution points
to two particular officers as objects of suspicion, 121; if
charges were specified, a member, on moving the resolution,
might demand an inquiry, 121; others have their convictions as
well as the mover of the resolution, 121; common fame no ground
on which to support such a resolution, 122; on the broad basis
of universal right, the resolution is condemned, 122; reason
why the charge is of a serious nature, 123; amendment moved,
123; moved to strike out amendment and insert other words, 124;
motion to strike out agreed to, 124; motion to insert carried,
124; question on agreeing to the amendment as amended, lost,
124; original resolution carried, 124; committee appointed,
125; report of the committee, 161; ordered printed for the use
of the members, 161; report, 174.

_Trial of Judge Chase._--_Note_, 173; report of committee in
favor of impeachment adopted, 174; committee appointed to
impeach Judge Chase at the bar of the Senate, 174; committee
to prepare articles of impeachment, 174; do. considered, 175;
managers to conduct the impeachment appointed, 175; proceedings
in the Senate, 175; rules of proceeding adopted by the Senate,
175; preliminary proceedings, 177, 178; answer of Judge Chase,
178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189,
190, 191; replication by the House of Representatives, 191;
names of the witnesses, 191, 192.

Impeachment opened, 192; it is for a daring inroad upon the
criminal jurisprudence of the country, by delivering an
opinion, at a time and in a manner before unheard of and
unknown, that the respondent is impeached, 192; the soundness
of the opinion is offered as a defence, 193; this was a
criminal trial for a capital offence, 193; answer of respondent
on this point examined, 193, 194; the second article is
the case of Basset, whose objection to serve on a jury was
overruled by the judge, 194; the same exception to a juryman,
which would furnish ground for a new trial, ought to be a cause
of setting aside such juror, if it be taken previous to his
being sworn 195; third, the rejection of the evidence of John
Taylor, 195; is it not an unheard-of practice, in a criminal
prosecution, to declare testimony inadmissible because it is
not expected to go to the entire exculpation of the prisoner?
195; fourth, requiring the questions intended to be put to the
witness to be reduced to writing, and submitted to the Court,
in the first instance, 196; refusal to postpone the trial,
although an affidavit was regularly filed, stating the absence
of material witnesses, 196; fifth, arresting and committing
the defendant contrary to law, 196; other articles stated,
197; testimony of William Lewis, 198; testimony of Alexander
J. Dallas, 199; testimony of Henry Tilghman, 201; testimony of
Wm. Rawle, 202; testimony of George Hay, 204; testimony of John
Taylor, 207; testimony of Philip N. Nicholas, 207; testimony of
John T. Mason, 209; testimony of John Heath, 210; testimony of
James Triplett, 210; testimony of John Basset, 210; testimony
of George Read, 211; testimony of James Lea, 212; testimony
of John Montgomery, 213; testimony of Samuel H. Smith, 214;
testimony of John Stephen, 214; documents offered in evidence,
215.

Opening for the defence, 215; statement of the points to which
testimony will be directed, 215; first, that the opinion was
not only legal, but had been twice expressly decided, and once
admitted, in the same court, and had before that trial been
laid down as a general principle of law, 215; second, that the
nature of Basset’s application has been wholly misunderstood by
the witnesses on the part of the prosecution, 216; other points
stated, 216; fifth and sixth, that by a rule solemnly made by
the Supreme Court, that they never considered the State laws
as regulating _process_, &c., 216; other points stated, 216;
testimony of Samuel Ewing, 217; testimony of Edward J. Coale,
217; testimony of William Meredith, 217; testimony of Luther
Martin, 218; testimony of James Winchester, 219; testimony of
William Marshall, 219; testimony of David M. Randolph, 221;
testimony of John Marshall, 222; testimony of Edmund J. Lee,
224; testimony of Robert Gamble, 224; testimony of Philip
Gooch, 224; testimony of Gunning Bedford, 225; testimony of
Nicholas Vandyke, 226; testimony of Archibald Hamilton, 226;
testimony of Samuel Moore, 226; testimony of William H. Winder,
227; testimony of James Winchester, 227; testimony of Walter
Dorsey, 227; testimony of John Purviance, 228; testimony of
Nicholas Brice, 228; testimony of James P. Boyd, 228; testimony
of William McMechin, 228; testimony of William S. Govane,
228; testimony of William Cranch, 229; argument begun by Mr.
Early, on the part of the Managers, 229; remarks upon the
first article of the impeachment, 229, 230; do. on the second,
third, and fourth articles of the impeachment, 231; remarks on
the sixth and seventh articles of the impeachment, 232; do.
on the eighth article, 232; argument continued for the House,
by Mr. Campbell, 232; provisions of the constitution relative
to impeachments--their precise object and extent, so far as
relates to the present case, 233; the several charges founded
on the trial of Callender, stated in the second, third, and
fourth articles of impeachment examined, 234; disqualification
of a juror, 234; argument continued by Mr. Cloud, on the fifth
and sixth articles of the impeachment, 236; the practice of the
Federal Courts, 236.

Argument for the defence opened by Mr. Hopkinson, 236; the
first proper object of inquiry is to ascertain, with proper
precision, what acts or offences of a public officer are the
objects of impeachment, 237, 238; first article examined, 240;
second specification of first article examined, 242; argument
for the defence continued by Mr. Key, on the second, third,
and fourth articles of the impeachment, 244, 245, 246, 247,
248; argument for the defence continued by Mr. Lee, on the
fifth article, 248; do. on the sixth article, 249; argument
for the defence continued by Mr. Martin, 250; general review
of the case, 251, 252, 253, 254, 255, 256, 257; argument for
the defence continued by Mr. Harper, 258; political position of
the defendant, 258; general review of the first six articles of
impeachment, and an examination of the law and the facts, under
the seventh and eighth articles, 260.

Reply for the prosecution continued by Mr. Nicholson, 261-262;
to sustain an impeachment it is not necessary to show that
the offences charged are of such a nature as to subject the
party to indictment, 263; words “good behavior,” 263; treason
examined, 264; reply further continued for the prosecution, by
Mr. Rodney, 267, 268, 269, 270, 271, 272, 273; reply for the
prosecution concluded by Mr. Randolph, 274; the doctrine of
impeachment, 274.

Manner of taking the judgment of the Court, 281; opinion of
each Senator taken on each article, 282, 283; acquittal of
Judge Chase, 284.

_Chesapeake Frigate_, attack on, 614; report on, 616.

_Chesapeake and Delaware Canal._--Report of committee on, 418.

CHITTENDEN, MARTIN, Representative from Vermont, 50, 285, 377,
493, 612.

_Church in Georgetown._--Bill to incorporate Presbyterian
society considered in the House, 408; moved to strike out the
section authorizing a lottery for finishing the building, 408;
objected to as authorizing public gambling, 408; ecclesiastical
corporations, object of hatred, 408; no objection to such an
act, 408; no incorporation among Quakers, 408; Quakers think no
money ought to assist them in their passage to heaven--others
think money employed to the best advantage in this way, 408;
in a moral, political and religious view, these acts highly
necessary, 408; such an application never refused in a State,
408; bill passed, 409.

_Circuit Courts in Ohio and Tennessee_, bill relative to, 519.

CLAGGETT, CLIFTON, Representative from New Hampshire, 50, 285.

CLAIBORNE, JOHN, Representative from Virginia, 377, 493.

CLAIBORNE, THOMAS, Representative from Virginia, 50, 285. _See_
_Index_, vols. 1 and 2.

CLARK, CHRISTOPHER, Representative from Virginia, 285, 384;
on improving the navigation of the Potomac, 294, 297; on the
retrocession of the District of Columbia, 310; on the Georgia
Claims, 324; on the importation of slaves, 386; on laying a
tax on imported slaves, 388; on incorporating a church in
Georgetown, 408; on postponing the resolution for amending the
constitution, relative to the removal of Federal judges, 413;
on amendment of the constitution, relative to the removal of
Federal judges, 416; on importations from Great Britain, 442.

CLARK, DANIEL, delegate from Orleans Territory, 493, 640;
refuses information relative to Gen. Wilkinson, 644; his
statement relative to Gen. Wilkinson, 646.

_Classification of the Senators of Ohio_, 38.

CLAXTON, THOMAS, chosen doorkeeper of the House, 378. _See_
_Index_, vol. 1.

CLAY, HENRY, Senator from Kentucky, 487.

CLAY, JOSEPH, Representative from Pennsylvania, 50, 285, 377,
493, 615; on the amendment to the constitution, relative to
the election of President, 59; on the motion to inquire into
the official conduct of Judge Chase, 90; on the increase of
specific duties, 158; offers a resolution to present a sword to
Com. Decatur, 286; on the remission of duties on books, 289; on
the Georgia Claims, 337; offers resolutions of non-intercourse
with Great Britain, 400; on importations from Great Britain,
421; on a plurality of offices in the same person, 472; on
naval appropriations, 478; on repeal of the duty on salt, 481;
on securing the privilege of the Habeas Corpus, 540.

CLAY, MATTHEW, Representative from Virginia, 50, 287, 383, 613;
on organizing the militia of the United States, 659. _See_
_Index_, vol. 2.

CLINTON, DEWITT, Senator from New York, 3; moves amendment to
the constitution, 6; _note_, 6; on rules of Senate, relative to
separate readings of resolutions, 6; denies charge of Dayton,
relative to arraigning motives, 8; in favor of amendment
reported, relative to Vice President, 8; resigns his seat in
the Senate, 20.

Clinton, George, elected Vice President, 168; presides in
Senate as Vice President, 349, 485, 547. _See_ _Index_, vols. 1
and 2.

CLINTON, GEORGE, jun., Representative from New York, 340, 494,
676; presents the petition of the Manhattan Co., 497.

CLOPTON, JOHN, Representative from Virginia, 51, 286, 377, 493,
613; on the amendment to the constitution, relative to the
election of President, 59. _See_ _Index_, vols. 1 and 2.

COALE, EDWARD J., his testimony for the defence, on the trial
of Judge Chase, 217.

_Coast Survey_, resolution relative to, 494.

COBB, HOWELL, Representative from Georgia, 613.

COCKE, WILLIAM, Senator from Tennessee, 3, 165; opposes removal
of seat of government, 46. _See_ _Index_, vols. 1 and 2.

_Cod Fisheries._--_See_ _Index_, vols. 1. and 2.

_Commerce of United States._--_See_ _Index_, vols. 1 and 2.

_Committee of Senate_ to wait on President, 4; on resolutions
relative to amendments of the constitution, 7; on act relative
to the importation of slaves, 39; of House to inquire into
the official conduct of Judges Chase and Peters, 174; report
of do., 174; to prepare articles of impeachment against Judge
Chase, 174; to conduct the trial, 175; of the House, second
session, eighth Congress, 285.

_Compensation of President, Vice President, and other
Officers._--_See_ _Index_, vols. 1 and 2.

CONDIT, JOHN, Senator from New Jersey, 3, 20, 163, 345, 485,
547. _See_ _Index_, vol. 2.

_Congress._--First session of eighth, Oct. 17, 1803, 3; extra
session, Oct. 17, 1803, 3; second session of eighth commenced,
163; adjourned, 343; third session of eighth adjourns, 344;
first session of ninth commences, 345; adjournment of the
first session of ninth, 484; commencement of second session
of ninth, 485; adjournment of second session, ninth Congress,
546; commencement of first session of tenth Congress, 547;
adjournment of first session, tenth Congress, 710.

_Connecticut_, vote for President, 168.

CONRAD, FREDERICK, Representative from Pennsylvania, 50, 285,
377, 493; on the application of the Society of Harmony, 404; on
naval appropriations, 478.

_Contested Election_ of Thomas Lewis, report on, 143; in
Maryland, report on, 615; _note_, 615.

_Contested Elections._--_See_ _Index_, vol. 1.

_Contingent Fund_, message relative to, 39.

_Contingent Expenses_, resolution relative to, 388. _See_
_Index_, vol. 2.

_Contracts, Government_, _note_, 337; resolution relative to,
659.

COOK, ORCHARD, Representative from Massachusetts, 377, 493,
612; on fortifications and gunboats, 628, 630.

COVINGTON, LEONARD, Representative from Maryland, 377, 494.

CRANCH, WILLIAM, his testimony for the defence on the trial of
Judge Chase, 229.

CRAWFORD, WILLIAM H., Senator from Georgia, 551; on expelling
Senator John Smith, 604.

CROWNINSHIELD, JACOB, Representative from Massachusetts, 50,
285, 377, 493, 615; in favor of the resolution to carry the
Louisiana treaty into effect, 67; on the protection of seamen,
314; on discharging the committee from consideration of
invasion of neutral rights, 394; on the importation of slaves,
401; on the West India trade, 403; on making Charlestown,
Virginia, a port of entry, 409; on importations from Great
Britain, 422; on reference of the petition of the Manhattan
company, 497; on British aggressions, 617, 618; on building
gunboats, 626, 629, 634; decease of, 694.

CULPEPPER, JOHN, Representative from North Carolina, 613.

_Cumberland Road_, bill relative to, 384.

CUSTIS, GEORGE WASHINGTON PARKE, letter relative to
retrocession of the District of Columbia, 297.

CUTLER, MANASSEH, Representative from Massachusetts, 50, 286.
_See_ _Index_, vol. 2.

CUTTS, RICHARD, Representative from Massachusetts, 50, 287,
377, 493, 612. _See_ _Index_, vol. 2.

D

DALLAS, ALEXANDER J., testimony for the prosecution on the
trial of Judge Chase, 199.

DANA, SAMUEL W., Representative from Connecticut, 50, 286,
377, 493, 612; on the bill authorizing the President to take
possession of the Louisiana Territory, 74; on the resolution
to appoint a committee to inquire into the official conduct of
Judge Chase, 120; on protection against the Barbary Powers,
161; on the resolution relative to the Georgia claims, 315,
316; on laying a duty on imported slaves, 387, 388, 389; on
naval appropriations, 474, 478; on repeal of the duty on
salt, 481; on the coast survey, 494; on the suspension of the
Habeas Corpus, 515; on revolutionary pensions, 614; on British
aggressions, 618. _See_ _Index_, vol. 2.

DARBY, EZRA, Representative from New Jersey, 377, 493, 612;
deceased, 675.

DAVENPORT, JOHN, Representative from Connecticut, 50, 285, 377,
493, 612. _See_ _Index_, vol. 2.

DAWSON, JOHN, Representative from Virginia, 50, 285, 377, 493,
613; on the amendment to the constitution relative to the
election of President, 58, 59; moves to take up resolution
relative to the retrocession of the District of Columbia, 161;
on improving the navigation of the Potomac, 292, 301; on the
bill to authorize the court of the District of Columbia to
grant divorces, 313; on laying a tax on imported slaves, 391.
_See_ _Index_, vol. 2.

DAYTON, JONATHAN, Senator from New Jersey, 3, 164; moves to
refer resolution relative to amendments of the constitution
to a select committee, 7; opposes amendment of constitution
reported relative to the Vice President, 7; charges Clinton
with the habit of arraigning motives, 8; on the acquisition of
Louisiana, 13; on choice of the House from the three highest
candidates, 22; on amendment to the constitution relative to
the election of President, 25; offers public buildings at
Trenton in case of a removal of the seat of Government, 46.
_See_ _Index_, vols. 1 and 2.

DEANE, JOSIAH, Representative from Massachusetts, 612.

DEARBORN, H., letter with documents relative to the conduct of
Gen. Wilkinson, 663. _See_ _Index_, vols. 1 and 2.

_Debates, reporting of._--_See_ _Index_, vol. 2.

DECATUR, STEPHEN, resolution of thanks to, 165.

_Defensive measures under John Adams’ administration._--_See_
_Index_, vol. 2.

_Delaware_, vote for President, 168.

_Delegates_ from Territories. _See_ _Index_, vol. 1.

DELEMOS, letter in cipher of Gen. Wilkinson to, 642; do. letter
of, 665.

DENNIS, JOHN, Representative from Maryland, 50; on considering
the resolution to inquire into the official conduct of Judge
Chase, 92, 111; on the resolution to appoint a committee to
inquire into the official conduct of Judge Chase, 122; on the
retrocession of the District of Columbia, 304. _See_ _Index_,
vol. 2.

_Departments, Executive._--_See_ _Index_, vol. 1.

DESHA, JOSEPH, Representative from Kentucky, 613.

DICKINSON, JOHN, his death announced in the Senate, 553.

DICKSON, WILLIAM, Representative from Tennessee, 51, 285, 378,
494. _See_ _Index_, vol. 2.

_Diplomatic or Foreign Intercourse._--_See_ _Index_, vol. 2.

_District of Columbia_, resolution for the recession of,
considered, 161; point fully considered at the last session,
161; motion to go into committee lost, 161; motion to discharge
the committee carried, 161; resolutions relative to, 295;
resolutions for recession considered, 303; motion to postpone
lost, 303; not the intention to remove the Government, 303;
object to cede back to Maryland and Virginia all but the
city of Washington, 303; question of power in Congress after
accepting the cession, 304; constitution examined, 304; its
possession every way expensive to the General Government, 304;
the people of the District are the merest subjects in their
condition, 304; in a degraded situation, 304; the resolutions
are unconstitutional, inexpedient, and unjust and cruel to the
people of the District, 304; resolutions of high importance,
306; it is said the recession cannot be made without the
consent of the people of the District and of the United
States, 306; these points examined, 306; seat of Government is
fixed permanently here if the right of jurisdiction extended
only over the soil covered by the public buildings, 306; if
the right of Congress to recede is admitted, the whole will
eventually be receded, 307; two questions involved, 307;
difficulty of legislating for ten miles square considered, 308;
the State Legislatures had presumed Congress would exercise
exclusive jurisdiction, 308; the removal of the seat of
Government, which would be the consequence of recession, is not
only inexpedient, but also unconstitutional, 308; these points
examined, 308; what are constitutions, 308; if the object is
to recede all but the city of Washington it operates a change
of the seat of Government, 309; this point demonstrated,
309; Congress not prepared to act on these questions at
present, 309; constitutional point examined, 310; expediency
of retrocession, 310; is Congress competent to legislate for
the people of the District, 310; no, 310; not equal to the
task, 310; the end of the resolutions is to reduce the present
quantum of territory, 311; expense and time in legislating for
the territory, 311; business of the Union interrupted, 311;
resolutions lost, 311.

_Bill to prohibit the exaction of bail_ in certain suits within
the District of Columbia, read third time, 312; proper measure
to prevent the oppression of malignant creditors, 312; not
essentially necessary, 312; recommitment moved, 312; lost, 312;
bill lost, 312.

_Bill to authorize the court_ of the District of Columbia to
decree divorces in certain cases, 313; reasons for the bill,
313.

_Emancipation in the District_, reasons for, considered, 313;
rejected, 313.

_Divorces_, bill to authorize court of District of Columbia to
grant, postponed, 343.

_Documents, Executive_, communicated to the House, 379.

DORSEY, WALTER, his testimony for the defence on the trial of
Judge Chase, 227.

_Drawbacks._--_See_ _Index_, vol. 1. _Duties on Imports._

DURELL, DANIEL M., Representative from New Hampshire, 612; on
fortifications and gunboats, 628.

_Duties on Imports_, passage of the bill imposing specific
duties, 342.

_Duties on Imports, bill for the protection of commerce_
against the Barbary Powers considered in the House, 158; moved
to strike out first section laying increased duties to provide
means for protection, 159; improper to tack to the provisions
for the Mediterranean service, upon which there could be no
difference of opinion, a new tax, in respect to which they
could not agree, 159; the increased rate of duty proposed,
159; duties already high, 159; why impose a tax of $750,000 to
meet an expenditure of $500,000? 159; now about to authorize
a greater expense than usual, and the Legislature are called
upon to provide means, 159; the public debt should never be
increased while the resources of the country are adequate
to its wants, 159; statements of the opposition examined,
159; average rate of ad valorem duty thirteen and a half per
cent., 160; goods charged with ad valorem duties are the most
difficult to smuggle, 160; duty on spirits not too high though
it yields a fifth of the revenue, 160; duty on sugars, on salt,
on wines, on woollens, 160; design to apply the resources to
the support of the navy, 160; the only objection is to the
imposition of unnecessary taxes, 161; the measure gives an
improper impression of the causes of the bill, 161; motion to
strike out lost, 161; do. renewed in the House and lost, 161.

_Salt_, motion for an inquiry relative to the duty on, 295;
various rates which have been imposed, 295; present duty twenty
cents per bushel, 295; equal to thirty cents, 295; finances
amply sufficient to authorize a reduction, 296; imports of
salt, 296; origin of Liverpool salt, 296; distinction to be
made against British salt, 297; to retrieve reputation of
salted provisions, 297; resolution moved, 297; state of the
finances will not allow a reduction, 297.

Resolution to inquire into the expediency of repealing the
duty on salt, 479; committee already instructed, 479; duty
too high, and falls heavy on the agricultural interest, 479;
adopted, 479; bill to repeal duty on salt and bounty on
exported salt provisions and pickled fish, considered, 479;
_note_, 479; moved to amend so as to take off eight cents of
the duty, 480; a difference of twenty cents on the bushel will
operate very seriously on those who have made shipments, 480;
changes should be gradual, 480; this duty was pledged for the
payment of the national debt, 480; no argument that it will
operate injuriously on shipments, 480; one of the objects of
the bill to get rid of the pledge to pay the debt, 480; the
taxes pledged will still exceed the amount for which they
were pledged, 481; can the Administration get along without
this tax, 481; immediate effect of this measure ruinous, 481;
further debate on the third section, 481; passage of the bill,
481.

Amendments of the Senate considered in the House, provisions
repealing the duty on salt being struck out, and imposing two
and a half per cent. duty, retained, 482; sole and indisputable
prerogative of the House to grant the money of the people, 482;
extent of the power of the Senate, 482; House should never give
up this privilege, 482; not a bill originating revenue, 482; a
question of necessity, 483; motion to agree to amendments of
Senate lost, 483; reasons for adhering to the disagreement,
483; committee of conference appointed, 483; Senate adhere,
484; House receded, 484.

In Senate bill passed, 491; in House bill for repeal referred,
502; passed, 503; _note_, 503.

_Importation of Slaves_, duties on considered in the House, 96;
South Carolina repealed her law prohibiting the importation
of slaves, 96; its repeal gives fresh activity to the trade,
96; to impose a tax on imported slaves is the extent of the
power of Congress, 96; resolution to lay a tax of ten dollars
on each slave imported, moved, 96; in Committee of the Whole,
resolution amended to lay a tax of ten dollars on each slave
imported into the United States and their Territories, 129;
repeal of the law of South Carolina, should not occasion so
much dissatisfaction here, 129; the law was repealed because
it was evaded, and could not be enforced by the State, 129;
this tax will not prevent the introduction of a single slave,
129; by laying the tax and deriving a revenue, the Government
will be giving a sanction to the trade, 129; effect of the
resolution, if adopted, would be injurious, 130; the question
is on the policy of laying the tax, 130; this point considered,
130; to import slaves is to import enemies into our country,
131; danger of a rebellion, 131; effect of holding slaves on
the national character, 131; importation of slaves is in direct
contradiction to the principles of morality, 131; Eastern
States engaged for many years in smuggling them, 132; the
resolution would sanction the trade, 132; all declamation and
appeal to the passions in behalf of the resolution unnecessary,
132; impose the tax and it becomes the duty of our armed
ships to protect the trade, 132; the question is not whether
we shall prohibit the slave trade, but whether we shall tax
it, 132; other considerations urged against its policy, 132;
as a profitable article of commerce it is as eligible for
taxation as any other, 133; by laying the tax Congress does
all it can to discourage the trade, 133; this is the only
constitutional power at present enjoyed, 133; the question
should be considered only in its commercial, economical, and
fiscal relations, 133; present extent of the commerce, 133;
present prohibitory statutes disregarded by common consent,
133; arguments against the policy of the tax considered, 134;
so far from binding the nation to protect it by laying a tax,
it is already recognized in many of the States and permitted by
the constitution, 134; the condition of man subdued by fraud
or force delineated, 134; a tax will in some degree discourage
the traffic, 135; gentlemen reprobate a traffic as infamous
and horrid, and yet wish to draw a revenue from it, 135; South
Carolina had an undisputed right to do as she has done--why
single her out for censure, 135; it is not a mere question of
revenue, but whether the Government of the Union shall condemn
the act of a State which she was fully authorized to pass, 135;
should not be hurried away by passion and feeling, 136; the
Treasury wants money, and taxes must be laid, 136; this article
should be taxed because the trade is odious, 137; motion
that the committee rise and report progress, as there is a
prospect the Legislature of South Carolina will repeal the law
admitting the importation, 137; arguments urged by the friends
of the measure two-fold, 138; people of South Carolina not
friendly to the act admitting the importation, 138; question of
postponement lost, 139; resolution adopted, 139; bill ordered,
139; question on the day for the consideration of the bill,
140; motion to postpone to next session, 140; all concede that
the tax will not diminish the traffic, 140; the revenue should
be appropriated to humane purposes, 140; propriety of agreeing
to the postponement considered, 140; a postponement will be
destructive of the bill, 141; the law would have a partial
effect, 141; brief postponement carried, 142; _note_, 142.

Motion in House to impose a tax of ten dollars per head on
each slave imported, 385; ninth section of the constitution
read, 385; no reason why this article of importation should
remain without duty, while others pay, 385; the adoption of
the resolution can only express the opinion of Congress of
the impropriety of importing slaves, 386; be partial in its
operation, 386; a question of revenue merely, 386; partial
and unjust in its operation, 386; a duty on South Carolina
alone, 386; it would have prevented a large importation if
it had been adopted two years ago, 386; black men not the
only men imported into this country, 387; moved to strike out
the word “_slaves_,” and insert the word “_persons_,” 387;
this preserves the words of the constitution, 387; under the
constitution a tax can be laid on the importation of slaves or
freemen, 387; object to express disapprobation of the traffic,
387; amendment would make a false impression in Europe, 387;
amendment necessary to the passage of a law on this subject,
388; how should a cargo of slaves be entered at the Custom
House, 388; proceedings in North Carolina on the subject,
389; the amendment does not correspond with the spirit of the
constitution, 389; this point examined, 389; amendment lost,
389; object of the resolution to raise a revenue, or to point
the disapprobation of the nation against South Carolina, 389;
is this a course to secure peace and harmony, 389; amount to
be realized, 390; reasons for not exempting this article,
390; further debate, 391; resolution agreed to, 391. A new
section to the bill moved, prohibiting the importation of all
slaves into the United States, 401; what would be the effect of
forfeiture in case of smuggling slaves, 401; further debate,
401; ordered to be engrossed, 401; read third time, 418; bill
recommitted, 418.

Bill to prohibit the importation of slaves in Committee of the
whole House, 494; strong objections to forfeiture of persons
of color imported, 494; under the bill it was followed by a
sale of these persons as property, 494; better be left to the
laws of the several States, 494; in some States there could
be no such thing as a slave, 494; fugitives in the State
of Massachusetts faithfully restored, 494; her laws do not
interfere with persons passing through, only those coming there
to reside, 495; _note_, 495; a valid sale would interfere with
these laws, 495; this motion an old thing in a new shape, 495;
importation in the free States an improbable thing, 495; the
United States should retain control of them, 495; if imported
in the south they will be slaves, if at the north vagabonds,
495; what shall be done with the negroes if they are not
forfeited, 495; to leave them to the operation of the laws of
the States is to leave them to become slaves, 495; slaves will
continue to be imported unless you forfeit them, 496; motion
to refer the bill to a select committee, 496; reasons for the
motion, 496; if imported contrary to law they are to be seized
as smuggled goods, and treated accordingly, 496; what besides
the negroes can be found for the law to operate on, 496;
committee rose, 496; objections against the amendment reduced
to two; first, that a forfeiture is necessary to deprive the
importers of every motive to introduce any slaves into the
country and render prohibition effectual; second, if slaves
are emancipated and turned loose in the Southern States they
will be a nuisance, 497; objections not well founded, 497; a
forfeiture implies a right of ownership in the importer, 498;
better do nothing than forfeit them, 498; the practical state
of things, 498; what is our duty? 498; objections to forfeiture
considered, 499; only a commercial question, 499; forfeiture
only will effect prohibition, 499. _See_ _slaves, importation
of_.

_Bill laying more specific duty on certain articles_, and
imposing light money, read a third time, 158; postponement
moved, 158; a postponement a rejection of the bill, 158;
it increases the existing rate of duties, 158; remove the
fraudulent practice in making out invoices of the articles,
subject to ad valorem duties, 153; promote manufacturers in the
Eastern and Middle States to the detriment of the Southern,
158; postponement lost, 158; bill passed, 158; _note_, 158.

_Remission of Duties on Books_, report of the committee
considered, 289; constitution a grant of limited powers, 289;
its leading feature an abhorrence of exclusive privilege, 289;
the privilege asked for is referred to the first section of
the eighth article, 289; the impost shall be uniform, 289;
one quantum, one mode of collecting, and one manner, 289; if
one class is exempted, others may be also, 289; objectionable
on the ground of expediency, 289; constitutional objection
considered, 289; the power of Congress adequate to promote
science and literature, 289; mistake to suppose that a denial
to exempt books from impost is a tax on literary institutions,
and, therefore, not uniform, 290; these institutions soon
be rivalling booksellers, 290; report against the remission
adopted, 290.

_Duties on Imports._--_See_ _Index_, vols. 1 and 2.

_Duties on Tonnage._--_See_ _Index_, vol. 1.

DWIGHT, THOMAS, Representative from Massachusetts, 50, 285.

DWIGHT, THEODORE, Representative from Connecticut, 493; on the
importation of slaves, 501.

E

EARLE, JOHN B., Representative from South Carolina, 51, 285,
378, 494.

EARLY, PETER, Representative from Georgia, 52, 285, 378, 493;
opposes a repeal of the Bankrupt Law, 79; on the resolution to
appoint a committee to inquire into the official conduct of
Judge Chase, 117; on the Georgia militia claims, 125; appointed
to impeach Judge Chase at the bar of the Senate, 174; opens the
argument for the prosecution on the trial of Judge Chase, 229;
on the appointment of an agent to collect information on the
Louisiana lead mines, 287; on the retrocession of the District
of Columbia, 306; contingent expenses, 388; on laying a tax
on imported slaves, 389, 390; on the payment of witnesses on
the trial of Chase, 412; on importations from Great Britain,
439; on a plurality of offices in the same person, 469; on the
importation of slaves, 495, 496, 501; on the appropriation to
build gunboats, 517; on securing the privilege of the Habeas
Corpus, 525. _See_ _Index_, vol. 2.

EATON, GENERAL, resolutions of thanks submitted in the Senate
to Gen. Eaton and his companions, 371; resolution in the
House to present a sword to Gen. Eaton, 380; moved to amend
by striking out “sword,” and inserting “medal,” 381; only
on extraordinary occasions, that medals are awarded, 381;
the case of Preble, 381; nothing can be done which fame has
not anticipated, 382; honors should be apportioned to merit,
382; the advantages derived from the services of Gen. Eaton
considered, 382; sword is a reward for mere valor; in this case
the valor displayed is only a small part of the distinction,
382; what services were rendered, 382; amendment carried,
382; verbal amendments proposed, 382; resolution reported to
the House, and referred to a select committee, 333; bill to
authorize the settlement of accounts with Gen. Eaton, 482.

_Electoral votes for President_ in 1804--counting of, 167;
counting of, 340.

_Electors of President._--_See_ _Index_, vol. 1.

ELMER, EBENEZER, Representative from New Jersey, 86, 285, 377,
493; on the retrocession of the District of Columbia, 309; on
incorporating a church in Georgetown, 408; on importations from
Great Britain, 440; on a plurality of offices, 469; on the
appropriation to build gunboats, 516; on securing the privilege
of the Habeas Corpus, 541. _See_ _Index_, vol. 2.

ELLERY, CHRISTOPHER, Senator from Rhode Island, 3, 163. _See_
_Index_, vol. 2.

ELLICOTT, ANDREW, letter to the Secretary of State, 668.

ELLIOTT, JAMES, Representative from Vermont, 50, 285, 377,
493, 612; remarks on the death of Samuel Adams, 52; on the
amendment to the constitution, relative to the election of
President, 60; on the resolution to carry the Louisiana treaty
into effect, 64; on the bill to authorize the President to take
possession of the Louisiana territory, 73; advocates a repeal
of the Bankrupt Law, 79; on the inquiry into the official
conduct of Judge Chase, 89, 93; on the resolution to appoint a
committee to inquire into the official conduct of Judge Chase,
108; on the bill relative to the Louisiana territory, 144; on
the Georgia claims, 319; an the reference of the letter of the
Postmaster General, 333, 334; on the presentation of a sword to
Gen. Eaton, 381; relative to the impressment of seamen, 384;
on importations from Great Britain, 440; on the suspension of
the Habeas Corpus, 505; on the appropriation to build gunboats,
517; on securing the privilege of the habeas corpus, 527; on
fortifications and gunboats, 632.

ELLIS, CALEB, Representative from New Hampshire, 377, 493.

ELY, WILLIAM, Representative from Massachusetts, 377, 493,
612; on the application of the Society of Harmony, 404, 405,
407; on the importation of slaves, 500.

_Emancipation in the District of Columbia_, resolution on, 313.

_Embargo_, Message from President Jefferson recommending, 640;
documents accompanying the Message, 641; resolution relative
to offered, 641; House informed that the Senate had passed
a bill laying an embargo, 641; action of the House on the
bill, 641; bill passed, 641; act laying an embargo, 642; bill
to authorize the President, under certain contingencies, to
suspend the embargo, considered, 677; the Orders of Council by
Great Britain, and the decrees of France, the causes of the
embargo, 677; if removed, the embargo should be withdrawn,
677; possible they may be modified or changed before another
session, 677; let the public see we have done every thing to
relieve them from the distress of measures rendered necessary
by the conduct of other nations, 677; no argument urged against
delegating the exercise of special powers, 678; distinction
between the authority to suspend a law in operation, and one
not commenced, 677; this delegation of power examined, 677;
power to lay an embargo considered, 679; our Government, by its
conduct, the author of the cause of the embargo, 680; author of
the resolution laying the embargo, 680; rejection of the treaty
of December, 1806, 681; circumstances of the two treaties and
their provisions, 681; the subject of blockades, 683; the
question of impressment, 683; objectionable condition of the
treaty, 684; assertions respecting the Administration, 685;
either treaty is preferable to the present state of affairs,
686; raise the embargo and arm our vessels, 686; objections
to an embargo, 686; fraught with impolicy, 687; impressment
the main block in the way of negotiation, 687; arming of our
merchant vessels produces war, 688; subject of the treaty, 688;
constitutionality of the embargo, 689; the embargo considered,
690; its immediate repeal only will save from great distress,
691; the resolution considered, 691; our fisheries, 692;
object of the embargo, 692; the resolution is pernicious, 693;
object of the embargo to make an impression on Europe, and
the resolution, tells them we are already tired of it, 693;
foreign nations will see we are determined the embargo shall
never be repealed until they revoke their decrees and orders
in council, 693; further debate, 694; the discretion to the
President should be absolute, but the resolution in pretence
only gives it, 695; amendment moved, 695; amendment more
objectionable than the original, 696; it limits the discretion
of the President to specific circumstances, 696; interpretation
of the constitution, 696; expediency of investing the
President with this power, 697; some provision relative to
the embargo unavoidable, 697, 698; two characteristics of the
embargo power, 699; the most enormous power in the manner in
which it affects the hopes and interests of the nation, 699;
which position of invested power most auspicious to a happy
issue, 700; constitutionality of the bill, 700; to give the
President power to suspend a law is equal to giving him power
to suspend all laws, 701; similar powers have been exercised,
702; other cases stated, 702; question of power examined, 703;
constitutional power of the House, 703; history of former
embargoes, 704; does the constitution restrain us from giving
this power, 704; precedents, 705; the pressure and weight
of the embargo should not have influence in deciding this
question, 705; pass the bill, and the Executive has it in his
power to declare war, 706; amendment lost, 706; moved to amend
so as to repeal the embargo, 706; remarks thereon, 706; bill
passed, 707.

_Embargo._--_See_ _Index_, vol. 1, _Great Britain, retaliating
measures upon_.

EPPES, JOHN W., Representative from Virginia, 50, 285,
377, 493, 613; on the resolution to appoint a committee to
inquire into the official conduct of Judge Chase, 118; on the
postponement of the bill laying a tax on imported slaves,
141; on the retrocession of the District of Columbia, 306; on
importations from Great Britain, 443; on a plurality of offices
in the same person, 467; on naval appropriations, 475; on the
exclusion of military and naval officers from civil employment,
477; on the suspension of the habeas corpus, 507; on inquiry
into the conduct of General Wilkinson, 658; on suspending the
act of non-importation, 705; on home manufactures, 710.

EUSTIS, WILLIAM, Representative from Massachusetts, 50, 286; on
the bill authorizing the President to take possession of the
Louisiana territory, 75; opposes a repeal of the bankrupt law,
79; in favor of augmentation of the navy, 88; on the resolution
to appoint a committee to inquire into the official conduct
of Judge Chase, 115; on the bill relative to the Louisiana
territory, 145; on expenses of repairs at Navy Yards, 314; on
the Georgia claims, 325, 331. _See_ _Index_, vol. 2.

EWING, SAMUEL, his testimony for the defence, on the trial of
Judge Chase, 217.

_Ex-Bashaw of Tripoli_, report of committee in the Senate on
Message relative to, 370.

_Ex-Bashaw of Tunis_, bill for relief of, passed, 484.

_Excise Laws._--_See_ _Index_, vol. 1.

_Executive Departments._--_See_ _Index_, vol. 1.

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

_Expunging the Journal of the Senate_ ordered, 376; _note_, 376.

F

FENNER, JAMES, Senator from Rhode Island, 345, 487, 551.

FINDLAY, WILLIAM, Representative from Pennsylvania, 50, 285,
377, 493, 612; on the resolution to inquire into the official
conduct of Judge Chase, 99; on a tax on imported slaves, 132,
140; on the remission of duties on books, 289, 290, 291; on the
retrocession of the District of Columbia, 307; on the Georgia
claims, 327; on importations from Great Britain, 438; on
suspension of the embargo, 703. _See_ _Index_, vols. 1 and 2.

FISK, JAMES, Representative from Vermont, 377, 493, 612; on
laying a duty on imported slaves, 387; on a plurality of
offices in the same person, 466; on the appropriation to build
gunboats, 517; on excluding settlers from the public lands,
545; on fortifications and gunboats, 631; on suspension of the
embargo act, 687; on inquiry into the conduct of Judge Innes,
708.

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

_Florida, purchase of_, motion to refer to a select committee,
353; confidential message from the House, 353; bill relative
to, amendment of, 353; third reading of bill in Senate, 354;
motion to postpone, 354; amendments offered, 354; passage of
the bill in the Senate, 355; _note_, 355.

_Foreign Ministers_, in Senate, bill to prevent the abuse of
the privileges and immunities of, considered, 364; two points
of view to be considered, 364; one, as the provisions of the
bill relate to the law of nations--the other, as they regard
the Constitution of the United States, 364; privileges under
the law of nations, 364; no citizen of a republic enjoys such
a privilege, 364; writers have assigned various reasons for
this phenomenon in politics and morals, 364; this arises from
the nature of their office and duties, 365; experience shows
the necessity of erecting some barrier against the abuse of
these privileges, 365; the provisions of the bill considered
in detail, 366; treatment in case of heinous offences, 366;
do. of offences against the Government, 366; relations which
the bill bears to the Constitution of the United States, 366;
circumstances in which the bill originated described, 367; by
the passage of the bill we may prevent the spread of an evil
which threatens the dearest interests of the nation, 368; bill
ordered to third reading, 369; various amendments proposed and
carried, 369; bill lost, 369.

FOWLER, JOHN, Representative from Kentucky, 50, 383, 497. _See_
_Index_, vol. 2.

_France, relations with_, during John Adams’ Administration.
_See_ _Index_, vol. 2.

_Franking Privilege._--_See_ _Index_, vols. 1 and 2, _Post
Office bill_.

FRANKLIN, JESSE, Senator from North Carolina, 3, 163, 547;
elected President pro tem. of Senate, 44. _See_ _Index_, vols.
1 and 2.

FRANKLIN, MESHACK, Representative from North Carolina, 613.

_Freedom of conscience._--_See_ _Index_, vol. 1.

_French Refugees._--_See_ _Index_, vol. 1.

_French Spoliations bill_, relative to, 380.

_French Spoliations._--_See_ _Index_, vol. 2.

_Frontiers, protection of._--_See_ _Index_, vol. 1.

_Fugitives from Justice._--_See_ _Index_, vol 1.

G

GAILLARD, JOHN, Senator from South Carolina, 167; _note_, 167,
345, 485, 550.

_Galliopolis_, petition of the inhabitants of, 353.

GAMBLE, ROBERT, his testimony for the defence on the trial of
Judge Chase, 224.

GANNT, Rev. Dr., Chaplain of Senate, 4, 348. _See_ _Index_,
vol. 2.

GARDENIER, BARENT, Representative from New York, 612; on
building gunboats, 627; on fortifications and gunboats, 629; on
inquiry into the conduct of General Wilkinson, 645.

GARDNER, FRANCIS, Representative from New Hampshire, 612.

GARNETT, JAMES M., Representative from Virginia, 377, 493, 613.

_General welfare clause examined._--_See_ _Index_, vol. 1.

_Georgia_, vote for President, 168.