Chapter M: Gayoso De Lemos (9)

_Georgia Land Claim._--Resolutions in the House relative
thereto offered, 142; referred, 142; bill relative to
considered, 148; desirable to take the sense of the committee
in the first instance on the resolutions, 148; not our duty
to give an opinion, whether the Legislature of Georgia acted
wickedly or uprightly, 149; no opinion required from us,
149; the committee should have stated whether the facts in
the resolutions are erroneous or not, 149; certain of the
claims are not recognized, either by the State or the United
States--let gentlemen prove it if they can, 149; no pledge
has been given, or it can be proved, 149; the recognition of
these claims is equally a violation of the rights of the State
of Georgia, with a rejection of them, 150; the resolutions
examined in detail, 150; further statement of facts, 151; moved
to postpone the resolutions to the next session, 153; the
principles of the resolutions are not abstract, 153; when we
are called to compromise claims, can we not determine whether
they are founded in justice or not? 153; it is necessary to
determine the validity of the act of 1795, in order to decide
the justice of compromising claims under it, 152; point upon
which the decision must turn, 153; comparison of the facts
with the resolutions, 153; evident the claims under the acts
of Georgia have no validity, 154; a stain on our character to
grant compensation for their pretended losses to any of those
adventurers who made the spurious contract with Georgia in the
year 1795, for the purchase of her western territory, 154;
sources of information that led to this conclusion, 155; the
Yazoo contract, how obtained, 155; reception of the law of
1795 by the people of Georgia, 155; vote on the postponement
of the resolutions taken separately, 156; carried on final
vote, 157; _note_, 157; report of committee for appointment of
commissioners considered, 315; report confined to statement
of facts, 316; is a summary of all, 316; report considered in
the House, 316; amendment proposed limiting the resolution to
a particular class of claims, 316; claim of the New England
Mississippi Land Company, whom it is proposed to debar from
any benefit of the five million acres, reserved in the compact
with Georgia to satisfy any claims not specially provided for
in that contract, 317; case of the Connecticut Reserve, 318;
further objections to the measure, 319; _note_, 319; various
questions proposed and examined, 320; did the State of Georgia
in 1795 possess a title to the territory in question? 320;
were the Legislature of Georgia in 1795 invested with power
to sell the territory, &c.? 320; can a legislature rescind a
contract made by its predecessors? 321; can the judicial power
declare a legislative act void, as having been passed by means
of corruption? 321; were the claims of the present claimants
recognized by the act of cession, &c.? 321; the equity of
the claims, and the policy of compromise, 322; the acts of
fraud, 323; the four land companies, 323; wrong sufficient
to invalidate the contract, 323; present applicants innocent
holders, 323; the question is, whether we are to do a good or
an injury to a class of men denounced as a band of speculators,
324; effects of the amendment proposed, 324; had the claimants,
at the time of their purchase, or not, a knowledge of the
fraud? 326; the arguments urged are not intended to influence
the judgment of the House, but to control the public mind by
an avowed appeal to the people, 326; silence and concert of
unprincipled men, 326; Message of the President in February,
1795, considered, 327; title of Georgia doubtful, 327; lands
sold by Georgians to citizens of Massachusetts, at Boston, 327;
the bargain and sale fair and legal, 328; amount of land sold,
328; the law of Congress taking possession of the government
of the territory, 328; conditions on which Georgia surrendered
her right of soil, 329; question of title given up, question
turns on expediency, 329; equitable considerations urged, 329;
observations on the various objections urged, 330; manner of
selling the land in the Eastern States, 331; story of the
distressed female applying to the Magdalen Hospital, 332.

Present claimants no right in law or equity to the lands in
question, and policy does not demand the interference of the
national Legislature, 336; Matthew Lyon explains his share
in the contracts, 336; _note_, 337; how could Georgia have a
pre-emption title to the lands while the Indian title still
existed? 337; notoriety of the fraud is evidence that the
present claimants are not innocent purchasers, 337; resolution
agreed to, 337; _note_, 338.

_Georgia Limits_, in House, report on memorial of the
Legislature of Georgia, 403; report deferred, 404.

_Militia Claims._--Report of the committee, in the House, on
claims against a petition for pay as militiamen, called out
in the State of Georgia for protection of that State against
the Indians, considered, 125; they were called out under
the authority of the Government of the United States, which
is bound to compensate them, 125; petitioners must look for
compensation to the State of Georgia, which has agreed to
receive a certain sum in full of all demands for military
service, 125; _note_, 125; interpretation of the articles of
cession, 125; statement of facts, 126; committee assume the
principle that the State was bound in the first instance to
pay the soldiery, notwithstanding the ulterior responsibility
of the General Government, 126; reasoning to sustain this
principle examined, 126; the troops were called out in all
cases by the State Executives, on instructions from the General
Government, 126; two modes marked out in the constitution in
which the militia may be called into service, 127; when a
service is performed, the party for whom it is performed is the
only one responsible for the compensation, 127; a distinction
taken between the situation of troops called into the field
by order of General Government, and those called by State
Executives on the authority of the former, 127; this proves
nothing in the present case, 127; has the right of peace and
war been yielded to the General Government, and yet the States
bound to compensate for war services, 128; the simple question
considered by the committee was, whether compensation had or
had not been rendered for those services, 128; this depended
upon the decision of another question, whether the State of
Georgia was in the first instance liable for these claims, 128;
two ways by which the militia of a State may be called out by
the Executive of the United States, 128; what are the facts in
this case? 128; what is the nature of the compromise made in
the case, 128.

_German Language, laws in._--_See_ _Index_, vol. 2.

GILES, WILLIAM B., Senator from Virginia, 163, 552; reports
the bill for the Government of the Territory of Orleans, 166;
on the order of proceedings in the case of John Smith, 554; on
expelling Senator John Smith, 589. _See_ _Index_, vols. 1 and 2.

GILLESPIE, JAMES, Representative from North Carolina, 78, 285;
decease of, 312. _See_ _Index_, vols. 1 and 2.

GILMAN, NICHOLAS, Senator from New Hampshire, 345, 485, 547.
_See_ _Index_, vols. 1 and 2.

GODDARD, CALVIN, Representative from Connecticut, 50, 286; on
the call upon the President for documents showing the title to
Louisiana, 55; on the resolution relative to public roads, 84;
on improving the navigation of the Potomac, 291. _See_ _Index_,
vol. 2.

GOLDSBOROUGH, CHARLES, Representative from Maryland, 377, 493,
612; on a Naval Peace Establishment, 402.

GOOCH, PHILIP, his testimony for the defence on the trial of
Judge Chase, 224.

GOODRICH, CHAUNCEY, Senator from Connecticut, 551. _See_
_Index_, vols. 1 and 2.

GOODWYN, PETERSON, Representative from Virginia, 50, 288, 377,
493, 613.

GOVANE, WILLIAM S., his testimony for the defence on the trial
of Judge Chase, 328.

_Granger Gideon, Postmaster-General_, letter to the House, 332;
considered, 333; a second letter stating his interest in the
Georgia grants, 333; motion to refer to a select committee,
333; an affair of honor between two gentlemen and Congress has
nothing to do with it, 333; Congress has no power to remove
the Postmaster-General, if the charges were true, 333; nothing
more reasonable than to grant the reference, 333; the letter
couched in such language the House should not listen to it,
334; too late in the session for this business, 334; nothing
disrespectful in the letter, 335; if the charges are true, the
President is the proper person to apply to for removal of the
officer--subject postponed, 336.

GRAY, EDWIN, Representative from Virginia, 50, 288, 379, 497,
613.

_Great Britain_, retaliatory measures upon in Washington’s
Administration. _See_ _Index_, vol. 1.

GREEN, ISAIAH L., Representative from Massachusetts, 377, 493,
612.

GREGG, ANDREW, Representative from Pennsylvania, 50, 377,
494; on the resolution to inquire into the official conduct
of Judge Chase, 91; on a tax on imported slaves, 137, 141;
on the bill relative to the Louisiana Territory, 144, 145; on
the bill to bridge the Potomac, 290; on the Georgia claims,
329; on the reference of the letter of the Postmaster-General,
334; on the Yazoo claims, 379; submits a bill relative to a
Naval Peace Establishment, 385; on discharging the committee
from consideration of invasion of neutral rights, 394;
introduces resolutions of non-intercourse, 395; on a Naval
Peace Establishment, 402; on the application of the Society
of Harmony, 404, 405; on the amendment of the constitution
relative to the removal of Federal Judges, 415; on importations
from Great Britain, 419; on a plurality of offices in the same
person, 472; on the exclusion of military and naval officers
from civil employment, 476; on the appropriation to build
gunboats, 517; on excluding settlers from the public lands,
543; Senator from Pennsylvania, 547. _See_ _Index_, vols. 1 and
2.

GRIFFIN, THOMAS, Representative from Virginia, 50, 285; on the
resolution to appoint a committee to inquire into the official
conduct of Judge Chase, 114.

GRISWOLD, GEORGE, Representative from New York, 50, 285.

GRISWOLD, ROGER, Representative from Connecticut, 50, 286; on
the motion to call on the President for documents relative
to the acquisition of Louisiana, 54; on the amendment to
the constitution relative to the election of President, 58;
against the resolution to carry the Louisiana Treaty into
effect, 61; remarks on the bill authorizing the President
to take possession of the Louisiana Territory, 73, 75; on
the resolution relative to public roads, 83; in favor of
augmentation of the Navy, 88; on the motion to inquire into
the official conduct of Judge Chase, 90, 92, 104; on the
postponement of the bill to tax imported slaves, 141; on
protection against the Barbary Powers, 159; on the remission
of duties on books, 289; on improving the navigation of the
Potomac, 292; on the retrocession of the District of Columbia,
307. _See_ _Index_, vols. 1 and 2.

_Gunboats._--Report of the committee, in the House, on
fortifying harbors considered, 516; question on filling the
blank with $250,000 for building fifty gunboats, 516; better
appropriate the money to solid and durable fortifications,
516; a sufficient number already, 516; the system of gunboats
a matter of experiment, 516; if the experiment succeeds, then
let us vote liberally, 516; the House has already refused to
man the gunboats now built, 516; when the necessity arises
the boats can be built, 517; more information desired on the
subject, 517; experience has proved them to be useful, as in
the late war with Tripoli, 517; the expense, as compared with
that of frigates, 517; advantages and disadvantages, 518;
number already on hand, 518; postponed, 518.

In House, the bill from the Senate, for building gunboats and
the bill for fortifying harbors from committee on aggressions,
considered, 625; moved to reduce the number of gunboats to
be built from one hundred eighty-four to one hundred, 625;
gunboats could not have prevented any one of the aggressions
of which we complain, 625; could only act in harbor defence,
625; some frigates should be provided, 625; other means of
defence can be provided in other bills, 625; a sufficient
number should be built, or the money would be thrown away, 625;
a frigate costs more than gunboats with same number of guns,
625; gunboats not a mere experiment, 625; without the boats
the squadron would not have been competent to attack Tripoli,
626; these boats crossed the Atlantic, 626; of 60 or 70 tons
burden, 626; duty of the House to provide effectual protection,
626; fortifications and gunboats regarded by the committee as
the best system, 626; and such a number of boats, they say, are
wanting, 626; if the object is to protect the country, this
bill should pass, 626; if ships or frigates will add to the
protection, they can be voted when the subject comes up, 626;
these boats eminently and essentially useful as a species of
defence, 626; expense of a frigate and gunboats compared, 626;
shall a certain sum of money be appropriated for the defence of
ports and harbors? 626; never should be said that we ought to
defend ourselves beyond our own shores, 626; the information
obtained from the Executive was in favor of gunboats, 627;
when the number necessary is known, the money should be
appropriated, 627; the situation of the country in relation
to Great Britain should be considered, 627; no objection to
vote for gunboats if land batteries will be sufficiently
provided for, 627; a visionary scheme to evade the real object
of defence, and to introduce false notions of economy, 627;
intention of the committee to erect new works and repair old,
628; after such a proposition as this, no one which could be
made would be surprising, 628; the great object was to arm the
nation to meet an event which they would be called on before
long to meet, 628; question now on one species of this arming,
628; gunboats in connection with fortifications cannot obtain
the end proposed, 628; these boats cannot be used in certain
ports to which they are assigned, 628; reasons, 628; moved to
strike out sixty-four gunboats and substitute four frigates,
628; question on striking out, 629; difference of opinion on
the subject of gunboats, 629; bill accords with the sentiments
of the Northern States, 629; if the motion prevails, a million
dollars more will be required, 629; United States have not
means to build a fleet, 629; time for a naval establishment has
passed, 630; not in our power to provide as respectable a fleet
as Denmark, 630; let us then apply our limited means to a mode
of defence on which more reliance can be placed, 630; put the
harbors in such a state of defence we shall not feel the want
of a Navy, 630; gunboats a part of land defence, 630; British
not dared to attack a single French port, 630; other modes of
defence should be taken into account at the same time, 631; it
would be a proper measure now to increase the Navy, to prevent
aggression from a foreign power, 631; no danger can arise to
the liberties of the people from an increase of the Navy, 631;
had more tons of shipping afloat and more largely concerned in
the freedom of the seas than any nation on earth save one, and
shall they lie unconcerned while the dearest rights of nations
are destroyed by that one? 631; this measure is beyond our
means, and is not a measure of exigency, 631; what became of
the Navy of Denmark? and what will be the fate of ours, 632; it
has been charged that the formidable Navy raised by the former
Administration has been sold off by this, and the nation left
without defence, 632; amendment negatived, 632; presents one of
those great crises that rarely occur in the annals of a nation,
632; a crisis of awful moment, 632; principal unavowed argument
in favor of the present measure is the supposed predilection of
the Executive, 633; a new volume of the celebrated proclamation
and gunboat system, 633; subject of messages, 633; opinions
of naval officers annexed, 634; every argument is answered by
saying it is a popular system, 634; with whom is it popular?
634; the whole seaboard interested in this question, 634;
utility of gunboats examined, 635; objections to the bill
considered, 635; reasons for the measure, 636; origin of
gunboats, 636; a period has arrived when this nation must
receive a satisfaction for injuries inflicted, and security
for the future, or the sword must be drawn, 637; negotiations,
637; course of the Administration, 637; evidence of the utility
of gunboats, 637; until gentlemen on the seacoast could better
agree on the number and utility of gunboats, so large a number
should not be built, 638; how are the boats to be manned, 638;
attempt to persuade the public that the friends of this measure
are about to drain the Treasury for a useless measure of
defence, 638; does the present state of our foreign relations
require effective measures, 638; will the nation consent to
expose to an enemy the whole extent of our seacoast, without
an effort to repel him until he is landed? 639; what are the
means in our power best calculated for defence? 639; either
gunboats or ships, 639; opinion of naval men that gunboats may
be useful, but they should not supersede all other means of
defence, 639; instead of a comprehensive system, measures are
laid before us by piecemeal, 640; objections to the measure,
640; bill passed, 640.

H

_Habeas Corpus, suspension of the writ of._--In the Senate,
committee appointed to inquire into the expediency of
suspending, 490; bill reported, 490; bill passed, 490;
confidential Message to the House, 490.

In House, on the question that proceedings on the bill be
had with open doors, 504; carried, 504; moved to reject the
bill, 504; do. withdrawn, 504; _note_, 504; information in
President’s Message, 504; existing laws sufficient, 504; its
suspension would hold out an improper idea of danger and
alarm, 505; danger nearly over, 505; this step never resorted
to before, 505; no apology for suspending this writ, 505; a
dangerous precedent, 505; most extraordinary proposition ever
presented to our consideration, 506; constitution forbids it
only in the case of self-preservation, 506; proposition is
to invest unlimited power in the supreme Executive, over the
personal liberty of the citizens, 506; nature and character
of the writ, 506; bill objectionable also in its details,
506; what evidence of the necessity of this measure? 507;
condition of the leader, 507; called by this bill to exercise
one of the most important powers vested in Congress, 507;
words of the constitution, 507; does the public safety require
its suspension? 507; this point examined, 508; constitution
does not restrict the power of the Government to such extreme
cases, 508; a rebellion exists, 508; a conspiracy has been
formed with deliberation, and existed a long time, 508; the
country is in a state of insecurity, 508; no insurrection ever
occurred like this, 508; the conspiracy considered, 509; nature
of this writ, 509; its effects on the individual and on the
community at large, 509; no insurrection to be compared in
magnitude to this, 510; a subject sanctioned by the Senate,
and worthy of discussion and reference, 510; satisfactory
proof of a rebellion should be obtained, 510; no doubt of its
existence, 510; this not sufficient to justify this measure,
510; it can be necessary only for the detection and conviction
of offenders, 510; once suspended in Massachusetts, and
regarded as useful, 511; House competent to reject the bill on
its first reading, 511; an improper measure coming from the
Senate should be viewed with jealousy, 511; an oblique attempt
to cover a certain departure from an established law of the
land, and a certain violation of the constitution, 512; the
case at issue is, whether the military government is subject
to the civil power, or the civil authority to the military,
512; it is merely a foreign intrigue, 512; if this bill passes
it establishes a new era in the Government, 513; a nation is
never enslaved at once, 513; the details of the bill, 514;
shall we exercise the only power with which we are clothed, to
repeal an important part of the constitution? 514; example of
England, 514; does the necessity exist? 514; in the opinion of
the President no danger is to be apprehended, 514; this bill
operates as an _ex post facto_ law, 515; bill rejected, 515.

_Resolution, in House, to make farther provision for securing_
the privileges of the writ of habeas corpus considered,
520; _note_, 520; necessity and importance of the provision
contemplated, 520; provision of the constitution, its
intention, 520; arguments in support of the motion, 520;
proceedings at New Orleans, 521; doubtful if a change in the
law is material, 522; acts of Congress determine the manner in
which this writ shall be enforced, 522; these acts considered,
522; events at New Orleans prove the necessity of preserving
the military subordinate to the civil authority, 523; the
officer at New Orleans has done an illegal act, at the risk of
his whole fortune in damages, 524; let the law take its course,
524; he has violated the personal right of the citizen, 524;
what are the facts? 524; importance of the writ, and questions
arising under it, make the reference proper, 525; the motion
and the speech accompanying it have a suspicious aspect on
certain judicial procedures depending now within these walls,
525; would they ward off punishment from traitors by condemning
the acts which produced their arrest? 525; this expression
by Congress will be an obstacle to the recovery of damages
against the Commander-in-chief, 525; where is the proof that
the provisions now in force are not sufficient for the security
of the person? 526; source of this opposition to the motion
a matter of astonishment, 526; information comes from the
President, 526; in defiance of the constitution persons have
been seized by the military authority, 526; is there probable
cause of arrest in the case of Alexander? 527; are there no
circumstances to justify Wilkinson? 527; two points in which
the subject has been examined, 528; the opinion is nearly
unanimous that the legal provisions now contemplated ought to
be made, 528; the United States as such do not possess any code
of common law, 528; not improper at the present time, 528;
sections of the constitution violated, 528; Wilkinson’s return
to the writ of habeas corpus, 529; a return of disobedience to
the civil institutions, 529; various objections to the motion
answered, 529, 530; what has occasioned this measure to be
brought before the House at this time, 531; violation of the
constitution charged upon Wilkinson, examined, 531; not proved
that there are not provisions by existing laws to enforce
obedience to the writ, 532; these laws exist in every State and
Territory, 532; Wilkinson only in contempt for disobedience
of the writ, 533; the courts have power to punish contempt,
533; the laws are ample, 533; questions depending on which
this proposition is calculated to operate, 533; is a flagrant
violation of the constitution to be remedied by an action of
damages, 533; conspiracy to separate Kentucky from the Union,
533; _note_, 533; quarter from whence this motion comes,
534; the constitution merely secures the writ, no penalty is
attached to its violation, hence the necessity for further
provision, 534.

The motion embraces two objects--to provide additional
penalties for the security of the privilege of the habeas
corpus, and to define the powers of the Supreme Court as to
issuing writs of habeas corpus, 535; is it necessary to pass
such a law as this? 535; if a constitutional right has been
infringed, does it follow that Congress ought to legislate
on the occasion? 535; Wilkinson’s transaction was not a
disobedience to this writ of habeas corpus, 536; an instance of
disobedience stated, 536; example quoted from English history,
537; the seizure of Ballman a violation of personal rights,
and of the constitution, 537; have the people the privilege
of this writ secured to them as fully and effectually as the
constitution intended, and as wise and prudent men ought to
desire? 537; the security shown to be at least uncertain,
538; principle of the celebrated statute of Charles, 538;
dilemma to which the opponents are reduced, 538; proceeding
of the Supreme Court, 539; objected that the subject cannot
be matured this session, 539; this whole business one of the
most unfortunate kind that could have happened to the United
States, 539; further arguments in favor, 539; points showing
the necessity of a reference, 540; was it discreet to refer the
resolution when it was manifest they could not go through with
the business, 541; this very transaction would be beneficial to
the country in showing the strength of feeling for the Union,
541; English history of this writ, 541; indefinitely postponed,
542.

HALSEY, SILAS, Representative from New York, 377, 493.

HAMILTON’S, ALEXANDER, _Report as Secretary of the
Treasury._--_See_ _Index_, vol. 1, _Treasury_.

HAMILTON, ARCHIBALD, his testimony for the defence on trial of
Judge Chase, 226.

HAMILTON, JOHN, Representative from Pennsylvania, 381, 493.

HAMMOND, SAMUEL, Representative from Georgia, 79.

HAMPTON, WADE, Representative from South Carolina, 51. _See_
_Index_, vol. 1.

HANNA, JOHN A., Representative from Pennsylvania, 50, 286.
_See_ _Index_, vol. 2.

_Harmony, in Indiana, Society of._--In House, bill to authorize
George Rapp and others to locate lands in Indiana on certain
terms, 404; the associates amounting to about three thousand
persons fled from oppression in Wirtemberg, 404; proposed to
cultivate the vine chiefly, 404; indulgence of time for payment
not unusual, 404; have citizens enough of our own who would
be glad to purchase on such terms, 404; no objection if they
are foreigners, 405; unusual mode of proceeding, 405; have men
that can cultivate the vine as well as foreigners, 405; further
debate, 405; bill passed to third reading, 405; recommitment
moved, 406; contract between Virginia and the United States
relative to these lands, as trustees we cannot violate the
trust, 406; let these settlers be scattered over the Union,
that all portions may be benefited by them, 407; donations of
land usual, 407; bill amended by inserting a rate of interest,
408; bill rejected, 408.

HARPER, ----, opens for the defence on the trial of Judge
Chase, 215; closes the argument for the defence on the trial
of Judge Chase, 258; against the adoption of the report of the
committee in the case of John Smith, 562.

HARRIS, JOHN, Representative from New York, 612.

HARRISON, WILLIAM HENRY, letter of, conveying resolutions of
the Legislative Council of Indiana, relative to the suspension
of the ordinance of 1787, 503. _See_ _Index_, vol. 2.

HASBROUCK, JOSIAH, Representative from New York, 50, 285.

HASTINGS, SETH, Representative from Massachusetts, 50, 384,
493; advocates a repeal of the Bankrupt Law, 79; on the
importation of slaves, 401. _See_ _Index_, vol. 2.

HAY, GEORGE, his testimony for the prosecution on the trial of
Judge Chase, 204.

HAZEN, GEN. MOSES, bill for the relief of the widow of, 166;
passage of the bill for the relief of the heirs of, 302;
supplementary bill for relief of heirs of, 383.

HEATH, JOHN, his testimony for the prosecution on the trial of
Judge Chase, 210.

HEISTER, JOSEPH, Representative from Pennsylvania 50, 285, 612.
_See_ _Index_, vol. 2.

HEISTER, DANIEL, Representative from Maryland, 51. _See_
_Index_, vol. 2.

HELMS, WILLIAM, Representative from New Jersey, 125, 287, 380,
497, 612. _See_ _Index_, vol. 2.

HILLHOUSE, JAMES, Senator from Connecticut, 3, 164, 345, 487,
550; urges reference to select committees of resolution,
relative to amendment of the constitution, 7; on amendments
to the constitution, 22; on choice of Vice President, 24, on
suspending intercourse with St. Domingo, 351; on expelling
Senator John Smith, 584; proposes sundry amendments to the
constitution, 607. _See_ _Index_, vols. 1 and 2.

HOGE, WILLIAM, Representative from Pennsylvania, 50, 613. _See_
_Index_, vol. 2.

HOLLAND, JAMES, Representative from North Carolina, 50, 285,
378, 493, 614; on postponing the resolution to inquire into
the official conduct of Judge Chase, 94; on the resolution to
inquire into the official conduct of Judge Chase, 110; on the
government of Louisiana, 147; on the application of the Society
of Harmony, 405; on the importation of slaves, 501; on the
appropriation to build gunboats, 517; on securing the privilege
of the Habeas Corpus, 532; on suspension of the embargo, 703.
_See_ _Index_, vol. 2.

HOLMES, DAVID, Representative from Virginia, 50, 285, 377, 493,
613. _See_ _Index_, vol. 2.

_Home Manufactures in House._--Resolution that the members
appear at the next meeting clothed in the manufactures of their
own country, considered, 710; could not enforce the resolution,
710; will appear in what clothing they choose, notwithstanding
the resolution, 710; intended to express the feelings of the
House, 710; a million of men wear broadcloth coats--a great
saving if manufactured in this country, 710; unfair that those
who have no wives at home to make their coats should not only
be reproached for their misfortune, but pointed at as sinners,
710; resolution withdrawn, 710.

HOPKINSON, ----, opens the argument for the defence on the
trial of Judge Chase, 236.

HOUGH, DAVID, Representative from New Hampshire, 50, 285, 377,
493.

HOUSE, meets on 1st session of Eighth Congress, 50; adjourns
at the close of first session of Eighth Congress, 162;
replication of, to the answer of Samuel Chase to the articles
of impeachment, 191.

HOWARD, BENJAMIN, Representative from Kentucky, 613.

HOWLAND, BENJAMIN, Senator from Rhode Island, 165, 485, 547.

HUGER, BENJAMIN, Representative from South Carolina, 51, 301;
in favor of augmentation of the Navy, 88; on postponing the
resolution to inquire into the official conduct of Judge Chase,
94; on a tax on imported slaves, 135, 138, 140; on the bill
relative to the Louisiana Territory, 144; on the increase
of specific duties, 158; against considering the resolution
for the retrocession of the District of Columbia, 161. _See_
_Index_, vol. 2.

HUMPHREY, REUBEN, Representative from New York, 612.

HUNT, MEMUCAN, petition of, 82.

HUNT, SAMUEL, Representative from New Hampshire, 50, 286. _See_
_Index_, vol. 2.

I

_Impeachment._--Rules of proceeding adopted by the Senate, on
the impeachment of Judge Chase, 175; list of witnesses on the,
191, 192.

_Importation of Slaves._--Petition of citizens of South
Carolina praying for relief for vessels that had sailed
previous to the passage of the act, 642; motion of reference
negatived, 642.

_Importation of Slaves_, resolutions of the Massachusetts
Legislature relative to, presented, 342.

_Importation of Slaves_, resolutions of Legislature of Maryland
relative to, 374.

_Importation of Slaves_, tax on. _See_ _Duties on Imports_;
also, _Index_, vol. 1; prohibition of, _see_ _Slaves_.

_Imports._--_See_ _Duties on Imports._

_Imprisonment for Debt._--_See_ _Index_, vol. 2.

_Indemnity for Spoliations._--_See_ _Index_, vol. 1; _Great
Britain_.

_Indian Lands within a State, rights over._--_See_ _Index_,
vol. 1.

_Indian Trading Houses._--_See_ _Index_, vol. 1.

_Indian Territory_, petitions relative to, referred, 383;
report of Committee on petition to admit Slavery in, 406.

INNES, JUDGE HARRY.--_In the House_, report on resolution to
inquire into the conduct of, considered, 707; no sufficient
grounds for impeachment appeared to the Committee--they
disposed to pursue the inquiry if other testimony could be
had, 707; commitment cause delay, 707; nothing gained by
recommitment, 708; bound to act on the subject this session,
708; moved to postpone, 708; evidence reviewed, 708.

J

Jackson, Andrew, petition of relative to army uniforms, 167.
_See_ _Index_, vol. 2.

JACKSON JAMES, Senator from Georgia, 6, 165, 348; urges
immediate action on resolution relative to amendments of the
constitution, 7; in favor of issuing stock for the purchase of
Louisiana, 11; against temporary removal of Seat of Government,
45; on removal of Seat of Government, 47; further remarks, 47;
on suspending intercourse with St. Domingo, 349, 350; decease
of, 372; resolutions in House relative to the decease of, 465;
_note_, 465. _See_ _Index_, vols. 1 and 2.

JACKSON, JOHN GEORGE, Representative from Virginia, 50,
285, 377; opposes a repeal of the Bankrupt Law, 79; on the
resolution to inquire into the official conduct of Judge Chase,
103; on the government of Louisiana, 147; on improving the
navigation of the Potomac, 294; on the Georgia claims, 326; on
the presentation of a sword to Gen. Eaton, 382; on discharging
the committee from the farther consideration of mutual rights,
393, 394; on importation of slaves, 401; on the application of
the Society of Harmony, 405, 406; on the payment of witnesses
on the trial of Chase, 410; on importations from Great Britain,
455; on securing the privilege of the Habeas Corpus, 527. _See_
_Index_, vols. 1 and 2.

_Jails of States._--_See_ _Index_, vol. 1.

JAY, SIR JAMES, report on petition of, 620; compensation asked
for a secret mode of communication useful in the Revolutionary
War, and may be again, 620; absurd to vote money for a thing
they did not and could not understand, 620; other objections,
620; resolution to purchase for the public benefit carried, 620.

JEFFERSON, THOMAS, Message at 1st session Eighth Congress,
5; 2d session, Eighth Congress, 164; elected President for a
second term, 168; inaugural address on his second inauguration
as President, 170; _note_, 170, do. 171; the operation of the
Government during his first term--_note_, 344. _See_ _Index_,
vols. 1 and 2.

JENKINS, ROBERT, Representative from Pennsylvania, 612.

JOHNSON, RICHARD M., Representative from Kentucky, 613; on
fortifications and gunboats, 637; on inquiry into the conduct
of Gen. Wilkinson, 646.

JONES, WALTER, Representative from Virginia, 50, 286, 379, 493,
613. _See_ _Index_, vol. 2.

JONES, GEORGE, Senator from Georgia, 547.

_Judges’ Federal_, _resolutions_ relative to the removal of,
341, 553.

_Judiciary System._--_See_ _Index_, vol. 2.

K

KEENAN, THOMAS, Representative from North Carolina, 378, 493,
613.

KELLY, JAMES, Representative from Pennsylvania, 378, 493, 612;
on a plurality of offices in the same person, 469.

KENNEDY, WILLIAM, Representative from North Carolina, 50, 285.

_Kentucky_, vote for President, 168.

KEY, PHILIP, continues the argument for the defence on the
trial of Judge Chase, 244; opens for the defence in the case
of John Smith, 555; against the adoption of the report of the
committee in the case of John Smith, 556. _See_ _Index_, vol. 1.

KEY, PHILIP B., Representative from Maryland, 613; on
fortifications and gunboats, 636; on suspension of the Embargo
Act, 691, 700.

KIRKPATRICK, WILLIAM, Representative from New York, 612.

KITCHEL, AARON, Senator from New Jersey, 345, 485, 547; on
British aggressions on our commerce, 359. _See_ _Index_, vol. 1
and 2.

KNIGHT, NEHEMIAH, Representative from Rhode Island, 50, 285,
377, 493, 612.

L

_Lake Superior_ copper lands. _See_ _Index_, vol. 2.

LAMBERT, JOHN, Representative from New Jersey, 377, 493, 612.

LANDAIS, CAPT. PETER, bill for the relief of, 370, 418.

_Land Warrants_, remarks relative to frauds in, 676.

_Lands, Western._--_See_ _Index_, vol. 1, _Public Lands_.

LARNED, SIMON, Representative from Massachusetts, 285.

LATTIMORE, WILLIAM, Delegate from Mississippi Territory, 51,
285, 378, 493.

LEA, JAMES, his testimony for the prosecution on the trial of
Judge Chase, 212.

LE CLERC, proclamation of, 361.

LEE, EDMUND J., his testimony for the defence on the trial
of Judge Chase, 224; further continues the argument for the
defence on the trial of Judge Chase, 248.

LEIB, MICHAEL, Representative from Pennsylvania, 50, 285, 377;
on the amendment of the resolution of inquiry into the official
conduct of Judge Chase, 97, 98; on a naval peace establishment,
143; on the bill relative to the Louisiana Territory, 144; on
a naval peace establishment, 402; on importations from Great
Britain, 459; on naval appropriations, 474. _See_ _Index_, vol.
2.

LEWIS & CLARKE, Expedition, Message of President on, 360; bill
making compensation to, 519, 542.

LEWIS, JOSEPH, jr., Representative from Virginia, 50, 285,
377, 493, 613; against considering the resolution for the
retrocession of the District of Columbia, 161; on the bill
to bridge the Potomac, 290, 298, 300; on a bridge across the
Potomac, 397.

LEWIS, THOMAS, Representative from Virginia, 50; election
contested, 85.

LEWIS, WILLIAM, his testimony on the impeachment of Judge Chase
before the Senate, 198.

_Library of Congress._--_See_ _Index_, vol. 2.

_Light-House Duties_ considered in the House, 86; foreign
nations levy money on our vessels which frequent their ports,
for the purpose of supporting their light-houses, 86; every
vessel that enters a British port averages four pence sterling
the ton for every light she may have passed inwards, or be
expected to pass outward, 86; charges at the port of London,
87; other English ports, 87; expense of American lights
defrayed entirely out of the Treasury, 87; light-house duty
moved, 87. _See_ _page_ 158, vol. 3.

_Limitation_, Acts of. _See_ _Index_, vol. 2.

LIVERMORE, EDWARD ST. LOE, Representative from Massachusetts,
628.

LIVINGSTON, HENRY W., Representative from New York, 50, 285,
379, 493.

LLOYD, EDWARD, Representative from Maryland, 494, 613; on the
importation of slaves, 501; on the appropriation to build
gunboats, 518.

LOGAN, GEORGE, Senator from Pennsylvania, 3, 163, 345, 485;
presents memorial of the American convention for promoting the
abolition of Slavery, 41; gives notice of a bill to prohibit
the clearance of vessels to St. Domingo, 168; on suspending
intercourse with St. Domingo, 349. _See_ _Index_, vol. 2.

_Louisiana_, boundaries of, 8; bill to authorize President to
take possession as passed, 9; _note_, 9; message relative to
transfer of, 40; erection of into two Territories, bill for
reported in the Senate, 39; further considered, 40, 41, 42, 43.

_Louisiana Treaty_, bill in the Senate to authorize the
creation of eleven millions of stock for the purpose of
carrying into effect the treaty with France, 9; question--shall
the bill pass, 9; three months after the delivery of
notifications to pay this money--where then is the necessity
for haste, 9; time enough when we find ourselves in possession
of the territory, 9; Spain considers herself injured, and
may not agree to the cession, even if she cannot prevent
it, 9; she considers that France violated the contract with
her, and therefore she is absolved, 9; if the money is to be
paid on the responsibility of the President, why put that
responsibility upon him, and cast it off from ourselves, 10;
why make him sole judge of the safe delivery, 10; doubtful
if the French prefect can peaceably give possession, 10; his
Spanish Majesty is hostile to it, and will the Spaniards
acquiesce? 10; important that we should have New Orleans, but
as to Louisiana, this new, immense, unbounded world, it cannot
be incorporated into the Union without an alteration of the
constitution, and will be the greatest curse that could befall
us, 10; if we own the province it would be settled by people
who would otherwise settle our present territory--thus removed
an immense distance, they will scarcely ever feel the rays of
the General Government, their affections become alienated, they
will view us as strangers, and form distinct interests, 10;
have territory enough, 10; dangers of its possession to us,
11; two acts necessary to be performed to carry the present
treaty into effect, 11; the French are to deliver possession,
and we to pay the money, 11; who shall judge if the French
faithfully comply with this agreement, 11; the bill authorizes
the President to receive the territory, but why delegate this
power to him? 11; Congress will be in session at the time of
the cession, if the French faithfully perform, then will be
the time to vote the money, 11; grounds to apprehend that the
French Government has not capacity to convey, 11; is not the
Spanish King’s proclamation and his orders to his officers to
deliver to France a title? 11; the question of consideration in
the treaty of St. Ildefonso is settled in the ninth article,
12; Spain will not venture a war with the United States, 12;
is this a Legislative or Executive business? 12; certainly the
latter, and authority should be vested in the President, 12;
the possession of the ceded territory is a condition precedent
to the payment of money, 12; none of the stock authorized by
this bill can be transferred until possession is given, 12;
this possession is defined in the bill, 12; the treaty violates
the constitution, and cannot be binding, 13; the President
and Senate are not competent to incorporate the inhabitants
of Louisiana as citizens of the United States, 13; assent of
each State necessary for the admission of a foreign country
as an associate in the Union, 13; the consent of each member
in a commercial house is necessary to admit a new member,
13; points of the title considered, 13; two objections have
been made to the treaty--first, the United States cannot
constitutionally acquire territory; second, the treaty
stipulates for the admission of a new State into the Union, a
stipulation which the treaty-making power cannot comply with,
14; these objections answered, 14; before the Confederation,
each State, as sovereign, possessed the right to acquire
territory--this is still retained, or has been surrendered to
the General Government, 14; the stipulation does not mean that
the inhabitants shall be erected into a State, 15.

This bill is designed to carry into effect the treaty
between France and the United States, 16; if the treaty is
unconstitutional we are not bound to carry it into effect, 16;
constitutionality of the treaty examined, 16; if the extent and
nature of the treaty-making power is undefined, there are modes
of ascertaining it, 16; these modes considered, 16; out of
order to re-discuss the merits of the treaty on the passage of
this bill, 16; none deny that it is incumbent upon the United
States to secure the uninterrupted use of the Mississippi, 17;
reasons for voting against the treaty examined, 17; objection
to making provision for carrying the treaty into effect arising
from the doubtfulness of obtaining complete possession,
considered, 18; constitutionality of the treaty examined, 18;
difference of views among the opponents of the bill, 19; bill
passed, 20.

_In the House._--Message from the President stating that
ratifications had been exchanged, and provision required for
carrying out the treaty, 52; motion to call for papers relative
to the treaty, 53; important to know distinctly what had been
obtained by the treaty, 53; important to know the relations
of Spain to Louisiana, 53; the terms of the treaty examined,
54; its stipulations can be fulfilled only by laws, 54;
opponents of this treaty have changed the ground they occupied
relative to the British Treaty, 54; statement illustrated,
54; the Spanish correspondence should not be called for, as
negotiations already pending with that country, 58; there is
no evidence that France has an incontestable title, 55; France
only cedes the title which she has, 55; the resolution is
opposed as inconsistent with former sentiments, as premature,
and as unnecessary, 55; if a majority entertained any doubt as
to the validity of the title, they should call for papers, 56;
resolution not confined to proper objects, 56; it contemplates
an inquiry into subjects totally unconnected with the treaty
with France, 56; what has Spain to do in this business? 56;
the Executive doubtless has the royal order of Spain to her
officers to deliver the province to France, 56; the right of
the House to call for papers is not doubted, 56; it is improper
to embarrass the business in its present stage by a call for
papers, 57; first member of the resolution agreed to, 57;
second member lost, 57; amended resolution lost, 57.

Motion for carrying the treaty into effect considered, 61;
where is to be found the constitutional power to incorporate
the inhabitants into the Union, with the privileges of
citizens? 61; if the treaty-making power is exceeded, it is a
duty not to carry it into effect, 61; the objections resolve
themselves into arguments against the constitutionality and
against the expediency of the treaty to be carried into
effect, 61; the capacity to acquire territory considered, 61;
it is denied that this acquisition has been made in a regular
way, 62; report made at a previous session, 62; tenor of the
present Administration, 63; better to have the ceded territory
on any terms than not to have it at all, 63; the French, 64;
immense consequence of the treaty, 65; the question must be
decided on the law of nations, 66; the expediency of the treaty
considered, 66; has any man shown a breach of the constitution?
67; objections to the resolution urged, 67; why let slip this
golden opportunity of acquiring New Orleans? 68; we have now
an opening for a free trade with New Orleans, 68; objections
examined, 68; it abolishes the discriminating duties of tonnage
for a term of years within the territory, giving a preference
to France and Spain, 68; similarity in principle of the British
Treaty, 70; this grant to France and Spain examined, 70;
resolutions reported by the committee and adopted, 72.

_Louisiana Cession_, in the Senate, bill to enable the
President to take possession of the territories ceded by France
to the United States, read second time and referred, 7; read
third time and passed, 8; _note_, 8; report of Committee of
Conference on the amendments of the House, 9; Senate recede, 9;
bill as passed, 9; _note_, 9.

In the House, the bill to enable the President to take
possession of Louisiana, from the Senate, considered, 72;
although this power necessary, there is no cause for giving
to the President the latitude as to time so extensive as that
proposed, 72; amendment limiting the time moved, 72; moved to
strike out the whole section to which the amendment applies,
73; explanation relative to the powers of the present officers
of the province required, 73; such a delegation of power
unconstitutional, 73; no objection can exist to the section
under the limitation proposed, 73; necessity for the United
States to take possession of the territory in the capacity
of sovereigns in the same extent as that of the existing
government, 73; no one can inform us what the powers proposed
to be given are, 74; the powers repugnant to the constitution,
74; the question is whether we shall take immediate possession
of this country or wait until we have time to form such a
government as will be most likely to make the people happy,
74; does the second section violate the constitution? 74;
we have purchased the country and made arrangements to pay,
and possession is to be taken, when objection is made to
the part of the statute authorizing the President to act,
74; the principle of the bill is sound, if some details are
objectionable, 75; this point further debated, 76; motion to
strike out lost, 77; bill passed, 77. _See_ _Index_, vol. 2.

_Louisiana Territory_, bill to erect and provide for the
government of, considered, in the House, 144; objection to
giving the Governor a right to prorogue the Legislative
Council, 144; also to giving the President power to appoint
the Legislative Council, 144; provision should be made for
the election of a legislative body by the people, 144; moved
that the committee rise, 144; important to proceed with the
bill immediately, 144; a small amendment will remedy the
section, 145; better to settle the point respecting the
Legislative Council, 145; the principle upon which the Council
is organized is the subject of consideration, 145; this form
of government is a new thing, but these people differ from the
citizens of the United States, 145; the approach of such a
people to liberty must be gradual, 145; other considerations
respecting the bill advanced, 145; moved to strike out the
fourth section of the bill, 146; the section establishes a
species of government unknown to the United States, 146; we
have three descriptions of government--that of the Union,
that of the States, and that of the Territories, 146; _note_,
146; these people will expect the same form of government
as their neighbors, 147; the simple question is, what kind
of government is most fitted to them? 147; one grade or the
other of the Territorial government the best, 147; the section
presents two important questions, 147; these questions stated
and considered, 147; no danger of giving this people too much
liberty, 147; a detestable calumny that man is not fitted
for freedom, 147; who can conceive the people of Louisiana,
having just thrown off their chains, as fitted to make laws?
147; this plan is superior to the first grade of Territorial
government, 148; the second grade better than that proposed
in the bill, 148; amendment proposed to fifth section, 152;
cannot establish courts in the Territory on any other terms
than in the States, 152; can be constituted only as courts of
the United States, 152; _note_, 152; amendment moved to inhibit
the admission of slaves into Louisiana, as well from the United
States as from foreign places, 157; agreed to, 157; other
amendments proposed and lost, 157; bill read a third time, 157;
various motions to recommit lost, 157; bill passed, 158. _See_
_Orleans, bill providing for government of the Territory of_,
vol. 3, p. 166.

_Louisiana, commerce of_, paper relative to sent to the House
with documents relative to General Wilkinson, 666.

_Louisiana, purchase of._--_See_ _Index_, vol. 2.

_Louisiana Lead Mines._--Resolution to authorize the President
to appoint an agent to obtain information relative to the
condition, occupancy, and title of, considered, 287; agents
already appointed to explore under a general authority of the
President, 287; resolution unnecessary, 288; object to inquire
into the occupancy and title of the present owners, 288; a
temporary measure, 288; might create dissatisfaction among the
people, 288; resolution carried, 288.

LOVE, JOHN, Representative from Virginia, 613; on inquiry into
the conduct of General Wilkinson, 652; on the suspension of the
embargo, 678.

LOWNDES, THOMAS, Representative from South Carolina, 286; on
the resolution to appoint a committee to inquire into the
official conduct of Judge Chase, 98; on a tax on imported
slaves, 129; on postponement of the bill laying a tax on
imported slaves, 140. _See_ _Index_, vol. 2.

LUCAS, JOHN B., Representative from Pennsylvania, 51, 286; on
a tax on imported slaves, 136; on the bill relative to the
Louisiana Territory, 146; on the appointment of an agent to
collect information relative to the Louisiana Lead Mines, 287;
on the Georgia claims, 322.

LYON, MATTHEW, Representative from Kentucky, 50, 384, 502, 614;
on the Georgia claims, 336; on inquiry into the conduct of Gen.
Wilkinson, 654. _See_ _Index_, vol. 2.

M

MACLAY, SAMUEL, Senator from Pennsylvania, 3, 165, 345, 485,
547. _See_ _Index_, vols. 1 and 2.

MACON, NATHANIEL, Representative from North Carolina, 50, 285,
378, 493; chosen Speaker of the House, 51; address, 51; on the
resolution relative to public roads, 84; on a tax on imported
slaves, 132; on the bill relative to the Louisiana territory,
146; on improving the navigation of the Potomac, 297, 298, 301;
chosen Speaker first session 9th Congress, 346; returns thanks
to the House, 378; on laying a tax on imported slaves, 389; on
the payment of witnesses on the trial of Chase, 410; on the
application of the Society of Harmony, 405; on importations
from Great Britain, 445; on the importation of slaves, 499;
makes his acknowledgments as Speaker to the House, 546; on
fortifications and gunboats, 638; on inquiry into the conduct
of Gen. Wilkinson, 646; on home manufactures, 710. _See_
_Index_, vols. 1 and 2.

MAGRUDER, PATRICK, Representative from Maryland, 377, 493;
elected Clerk of the House, 613.

_Mail routes proposed_ by Post-office Committee, 85.

_Manhattan Company_, petition of President and Directors, 497.

MARSHALL, JOHN, his testimony for the defence on the trial of
Judge Chase, 222. _See_ _Index_, vol. 2.

MARSHALL, WILLIAM, his testimony for the defence on the trial
of Judge Chase, 219.

MARTIN, LUTHER, his testimony for the defence on the trial
of Judge Chase, 218; further continues the argument for the
defence on the trial of Judge Chase, 250.

MARION, ROBERT, Representative from South Carolina, 378, 493,
613; on the importation of slaves, 386, 641; on compensating
Capt. Pike, 676; on suspending the act of non-importation, 709.

_Maryland_, vote for President, 168.

MASON, JOHN THOMPSON, his testimony for the prosecution on the
trial of Judge Chase, 209.

MASON, STEVENS T., resolution of Senate on decease of, 9;
_note_, 9.

_Massachusetts_, vote for President, 168.

MASTERS, JOSIAH, Representative from New York, 377, 494, 612;
on importations from Great Britain, 434; on building gunboats,
627; on the importation of slaves, 641; on suspension of the
embargo act, 686.

MATHEWSON, ELISHA, Senator from Rhode Island, 551.

MCCORD, ANDREW, Representative from New York, 50, 285.

MCCORMICK, Rev. Mr., elected Chaplain of the Senate, 163.

MCCREERY, WILLIAM, Representative from Maryland, 50, 285, 377,
493, 613; on the Society of Harmony, 404, 405.

MCFARLAND, DUNCAN, Representative from North Carolina, 402, 493.

MCMECHIN, WILLIAM, his testimony for the defence on the trial
of Judge Chase, 228.

MEAD, COWLES, Representative from Georgia, 378.

_Mediterranean trade._--_See_ _Index_, vol. 2.

MEREDITH, WILLIAM, his testimony for the defence on the trial
of Judge Chase, 217.

MERIWETHER, DANIEL, Representative from Georgia, 51, 285, 378,
493.