Chapter XIV: Front Matter (14)

The motive or ground of resisting the aggressions of France cannot, under this overture, be mistaken. In the former case, it might have seemed as if the resistance was dictated by a stipulated obligation to Great Britain to make it in this; it can only be dictated by a just sense of our own honor, character, and interests, which is left perfectly uncontrolled by the British overture. As this latter motive is the more honorable, it ought to be the more scrupulously adhered to and enforced. He had no hesitation in saying he had uniformly been influenced by this motive alone, entirely disconnected with any stipulated obligation to Great Britain; and under this influence, alone, he would be found at all times as ready to resist the aggressions of France, as he had at any time been those of Great Britain, if they should, unfortunately, be persevered in; but, at the same time, he wished to take away every pretext for such perseverance, by persevering in a conduct of the strictest and most scrupulous impartiality toward all the belligerents.

At the last session he had supposed, under the general interdiction of all foreign armed vessels, some regulations and modifications, as exceptions from the general rule, might be made by law, but further reflection had satisfied him that the preferable mode was by treaty.

He would state two or three reasons for this preference:

1. It will tend to avoid collisions with all foreign nations. Regulations made by law might not suit the views of foreign nations, whereas their consent would be necessary in treaties.

2. It will give us the aid of a stipulated obligation on the part of the foreign nation making the treaty, to enforce the arrangement. In the case of Great Britain this consideration is of great importance. Its importance results from the strength of her navy, compared with the weakness of ours.

3. By treaty we may obtain what the lawyers call a _quid pro quo_. We may want, at some future time, the use of some British ports, which she would readily give for the use of ours. He said he would act liberally with her in this respect; and, he believed, considering Great Britain now at war, and the United States at peace, it would rather accelerate than retard the expected negotiation. He said he was as much opposed to throwing any impediment in the way of the expected negotiation as any gentleman in the United States.

Great Britain cannot, and will not complain. The municipal right now proposed to be carried into effect, is admitted by Great Britain in its broadest extent, and will not be disputed by Mr. Canning at the present moment. This will appear from Mr. Canning's declarations in the debates of the last session of Parliament. He said he did not know whether it was correct to read newspapers in evidence, to ascertain the opinions and expressions of the speaker, but if the Senate would be content with this species of evidence, contained in a Ministerial paper, he would read it for their information. Mr. G. then read the following extract of Mr. Canning's speech, taken from a British Ministerial paper:

_Extract from Mr. Canning's speech in Parliament._

"At the time the application for a compromise had been made by
the American Government, there was an order in force excluding
British ships of war from the American ports, while French
ships of war were admitted into them; and, consequently, if
the terms offered by America had been accepted, our commerce
would have been permitted to America without a ship of war to
protect it, while the French commerce would be excluded, at
the same time that French ships of war would be admitted if
they could succeed in getting there. The ports of America would
become nests for French privateers against British commerce.
As to the tendency of the measures in agitation in America, he
could afford the right honorable gentleman some consolation, by
assuring him that they would not have all the ill consequences
he seemed to apprehend. A circumstance appeared by the report
of the committee of Congress, though clothed in hostile
language, which, if made known to His Majesty's Government in
amicable terms, might have led to the acceptance of the terms
proposed. The circumstance he alluded to was the resolution
for excluding from American ports the ships of war not of
Great Britain, but of the belligerents. The Americans, in
their character of neutrals, had unquestionably a right to
exclude the ships of war of both belligerents from their
ports, but could not confine them exclusively to those of one
of the belligerents without a violation of that impartiality
which is the essence of the neutral character. Yet, when that
proposition should be disposed of, the whole of the difficulty
would not be surmounted, as much would still remain to be
accommodated. Another point, in which fault had been charged
upon his conduct with respect to America, was his having stated
that the system would not be given up while the smallest link
of the confederation against Great Britain existed."

It will be observed that two important conclusions may be deduced from these observations: 1. That the exercise of this municipal right is unquestionable. 2. That Mr. Canning's objection to its former exercise by proclamation was to its limitation, not its extension.

His objection is to its exercise against Great Britain exclusively and not against her enemies. At the time of making his speech, Mr. Canning thought the interdiction was extended to all the belligerents; in which case, so far from complaining of its exercise, he says it would furnish an inducement to an accommodation, and his instructions to Mr. Erskine were, no doubt, given under this expectation. This was the ground taken by the report of the committee of the House of Representatives, in the last session, and the Senate went further, by extending the interdiction to the public armed ships of all foreign nations; those of peace as well as those of war. This gave the transaction more strongly the character of a mere municipal regulation. This principle was narrowed down, in this bill, to apply merely to Great Britain and France, and left out altogether the other belligerent powers. Mr. Canning will probably be much surprised at this limitation; and conceive hostility more pointed than he had anticipated; some of the points may, however, be a little blunted by including France, the most operating and unmanageable of her enemies. He said he did not wish to go one atom beyond Mr. Canning's opinion upon this occasion. He took great pleasure in concurring with Mr. Canning upon this point. It was the first instance in which he had concurred in opinion with the gentleman; but he hoped it would not be the last, especially when the opinion favored the rights and promoted the interest of the United States.

Mr. Canning must have acted under this impression when he agreed to make the honorable reparation he had done for the unauthorized attack upon the Chesapeake, without requiring a previous revocation of the interdiction of British ships. As this revocation was not demanded nor promised, the arrangement now ought to be made on general principles of justice. He said, without feeling or expressing any regret at any thing he had said or proposed at the last session, he was now as willing as any gentleman to reciprocate the temper lately manifested by the British Government, so opposite in its character and tendency from that manifested by the Cabinet for several years preceding. He said that no gentleman had yet manifested an intention of removing the interdiction upon British armed ships, until she had actually executed her promise of reparation; and, if the execution of the promise were to precede the revocation of the interdiction, the mode of revocation by treaty, as pointed out by his proposition, would be nearly contemporaneous with that proposed by gentlemen, if now enacted into a law, and it would have an evident advantage, as it respected the feelings of Great Britain. The mode recommended by gentlemen is founded upon a want of confidence in the promise of Great Britain, and an ungracious demand for its execution, as preliminary to the revocation, while the mode pointed out by treaty, is founded upon a confidence in the promise; and, without requiring its execution, will insure our own safety by the mere exercise of municipal right; a right which is unquestionable; vouched to be so by Mr. Canning, and the exercise of which is impartial toward all nations, by extending its provisions equally to all. He said that almost all the injuries and insults sustained by the United States from public armed ships of the belligerents within our waters, were attributable to an inattention to the exercise of this right, and, relax the interdiction when you may, without a stipulated obligation on the part of the belligerents, to respect your neutrality, and your marine jurisdiction, they will be renewed and continued.

The principle contended for is not new. It has been before the Senate several times, and was adopted at the last session in its broadest extent, as will appear from the following resolution, which he then had the honor of moving. It does not appear from the Journals of the Senate, that there was any opposition to the following resolution, which was adopted on the 15th of February last:

"The Senate resumed the consideration of the motion made on
the 8th instant, that provision ought to be made by law for
interdicting all foreign armed ships from the waters of the
United States; and having agreed thereto, ordered that it be
referred to Mr. Giles, Mr. Smith of Maryland, Mr. Crawford," &c.

He said he was extremely happy to find the spirit of harmony and conciliation which had hitherto characterized the Senate, and he should endeavor to preserve and continue it; and, while he was strongly impressed with the propriety and policy of the amendment, yet he was willing to listen to any other which might be more agreeable to gentlemen, provided it was founded upon a principle of strict impartiality toward the belligerents, which he could not be induced to depart from under any circumstances.

When Mr. G. had concluded, the further consideration of the subject was postponed until to-morrow.

FRIDAY, June 2.

PHILIP REED, from the State of Maryland, attended.

STANLEY GRISWOLD, appointed a Senator by the Executive of the State of Ohio, to fill the vacancy occasioned by the resignation of Edward Tiffin, was qualified, and took his seat.

JOHN SMITH, from the State of New York, attended.

MONDAY, June 5.

_Death of Senator Malbone._

Mr. MATHEWSON announced the death of his colleague, FRANCIS MALBONE, who deceased yesterday morning.

On motion of Mr. LLOYD,

_Resolved_, That the Senate will attend the funeral of
FRANCIS MALBONE, this afternoon, at five o'clock, from his
late residence; that notice thereof be given to the House
of Representatives, and that a committee be appointed for
superintending the funeral.

_Ordered_, That Messrs. LLOYD, GILMAN, and WHITE, be the committee.

On motion, by Mr. LLOYD,

_Resolved, unanimously_, That the members of the Senate, from
a sincere desire of showing their respect to the memory of
FRANCIS MALBONE, deceased, late a member thereof, will go
into mourning for him one month, by the usual mode of wearing
a crape round the left arm; and that a sum not exceeding one
hundred and fifty dollars be applied out of the contingent
fund for placing a neat slab or monument, with a suitable
inscription, over his tomb.

On motion of Mr. LLOYD,

_Resolved_, That, as an additional mark of respect to the
memory of FRANCIS MALBONE, the Senate now adjourn.

And the Senate adjourned.

TUESDAY, June 6.

_Senator Smith's pro tem. Appointment._

Mr. GILES submitted a resolution, which was amended, and is as follows:

_Resolved_, That the Honorable SAMUEL SMITH, a Senator
appointed by the Executive of the State of Maryland to fill
the vacancy which happened in the office of Senator for that
State, is entitled to hold his seat in the Senate of the United
States during the session of the Legislature of Maryland,
which, by the proclamation of the Governor of said State, was
to commence on the 5th day of the present month of June; unless
said Legislature shall fill such vacancy by the appointment of
a Senator, and this Senate be officially informed thereof.

On motion, by Mr. ANDERSON, to amend the motion, by striking out all after the word "Resolved," and inserting:

"That any Senator of this body, who holds a seat under an
Executive appointment, cannot, according to the provisions of
the Constitution of the United States, be entitled to continue
to hold his seat as a member of this body, after the meeting of
the Legislature of the State from which such Senator may be a
member."

And a division of the motion for amendment was called for, and the question having been taken, on striking out, it passed in the negative; and the motion for amendment having been lost, the original motion was agreed to--yeas 19, nays 6, as follows:

YEAS.--Messrs. Anderson, Brent, Franklin, Gaillard, German,
Giles, Gilman, Goodrich, Griswold, Hillhouse, Lambert,
Mathewson, Meigs, Pope, Robinson, Smith of New York, Thruston,
White, and Whiteside.

NAYS.--Messrs. Bradley, Leib, Lloyd, Parker, Pickering, and
Turner.

WEDNESDAY, June 7.

JAMES A. BAYARD, from the State of Delaware, attended.

THURSDAY, June 8.

WILLIAM H. CRAWFORD, from the State of Georgia, attended.

MONDAY, June 12.

_Exiled Cubans, with their Slaves._

On motion, by Mr. GILES,

_Resolved_, That a committee be appointed to inquire whether it
be expedient and proper, at this time, to make any provision
by law for remitting the penalties and forfeitures incurred by
the violations of some of the provisions of the act, entitled
"An act to prohibit the importation of slaves into any port or
place within the jurisdiction of the United States, from and
after the first day of January, in the year of our Lord one
thousand eight hundred and eight," so far only as relates to
the introduction of slaves into certain ports of the United
States, who were lately forcibly expelled from the island
of Cuba with the French inhabitants thereof; and that the
committee have leave to report by bill or otherwise.

_Ordered_, That Messrs. GILES, BRADLEY, ANDERSON, CRAWFORD, and FRANKLIN, be the committee.

MONDAY, June 19.

_Exiled Cubans._

On motion, by Mr. GILES,

_Resolved_, That the President of the United States be
requested to cause to be laid before the Senate such
information as he may deem proper to communicate respecting the
unfortunate exiles lately expelled from the Island of Cuba,
and who may have arrived, or are expected to arrive within the
jurisdiction of the United States; and, also, respecting any
propositions which may have been made to him by the Minister
Plenipotentiary of France, for the purpose of facilitating
the removal of any of the said exiles, with their slaves, and
other effects, from the United States, to any place within the
dominions of France.

FRIDAY, June 23.

_Foreign Armed Vessels._

Mr. LEIB, from the committee, appointed on the 20th instant, to inquire into the expediency of providing by law for the exclusion of foreign armed vessels from the ports and harbors of the United States, made report; which was read, as follows:

"That, in the opinion of this committee, such an interdiction
is within the just and neutral rights of the United States,
and, under other circumstances, would be highly expedient and
proper. So long as a neutral nation shall confine itself to
strict measures of impartiality, allowing no benefit to one
belligerent, not stipulated by treaty, which it shall refuse
to another, no cause whatever is afforded for exception or
complaint. The right to admit an armed force into a neutral
territory belongs exclusively to the neutral; and when not
guarantied by treaty, as is oftentimes the case, such admission
compromises the neutrality of the nation, which permits to one
belligerent alone such an indulgence.

"As a measure of safety as well as peace, it is incumbent
upon the United States to carry into effect such a provision.
So long as we are without a competent force to protect our
jurisdiction from violation, and our citizens from outrage, and
our flag from insult, so long ought no asylum to be given, but
in distress, to the armed vessels of any nation. The committee
will not bring into view the many injuries and insults which
the United States have sustained from the hospitable grant
of their ports and harbors to belligerents; nor the facility
which has thereby been afforded to them to lay our commerce
under contribution. It is sufficient to remark, that great
injuries have been sustained, and that imperious duty requires
arrangements at our hands to guard our country in future from
similar aggressions.

"The United States are, at this moment, under no obligation to
withhold restraints, within their power, upon the admission
of foreign armed vessels into their ports; but the committee
are too strongly impressed with the propriety of avoiding
any legislative interference at this time, which, by any
possibility, might be construed into a desire to throw
difficulties in the way of promised and pending negotiations.
They are desirous that a fair experiment may be made to adjust
our differences with the two belligerent nations, and that
no provisions be interwoven in our laws which shall furnish
a pretext for delay, or a refusal to yield to our just and
honorable demands.

"Calculating that the overtures which have been made by Great
Britain will be executed in good faith, the committee are
willing to believe that the stipulated arrangements will be
of such a character as to guard our flag from insult, our
jurisdiction from aggression, our citizens from violation,
and our mercantile property from spoliation. Under these
impressions, which the committee have stated as briefly as
possible, they beg leave to submit to the consideration of the
Senate the following resolution, viz:

"_Resolved_, That the further consideration of the subject be
postponed until the next session of Congress."

SATURDAY, June 24.

The bill freeing from postage all letters and packets from Thomas Jefferson, was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative.

MONDAY, June 26.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a President _pro tempore_, as the constitution provides; and the honorable ANDREW GREGG was elected.

_Ordered_, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in the absence of the Vice President, elected the honorable ANDREW GREGG President of the Senate _pro tempore_.

TUESDAY, June 27.

_Public Credit._

The bill, entitled "An act supplementary to the act, entitled 'An act making further provision for the support of public credit, and for the redemption of the public debt,'" was read the third time as amended.

On motion, by Mr. HILLHOUSE, to postpone the further consideration thereof until the first Monday in November next, it was determined in the negative--yeas 9, nays 15.

WEDNESDAY, June 28.

On the question, Shall this bill pass as amended? it was determined in the affirmative--yeas 17, nays 9, as follows:

YEAS.--Messrs. Anderson, Brent, Condit, Franklin, Gaillard,
Giles, Gregg, Lambert, Leib, Mathewson, Meigs, Parker, Pope,
Robinson, Smith of New York, Turner, and Whiteside.

NAYS.--Messrs Bayard, Crawford, German, Gilman, Hillhouse,
Lloyd, Pickering, Reed, and White.

_Six o'clock in the Evening._

_Adjournment._

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

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

A message from the House of Representatives informed the Senate that the House have appointed a committee on their part, to wait on the President of the United States, and notify him of the intended recess of Congress.

Mr. POPE, from the committee, reported that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.

A message from the House of Representatives informed the Senate that the House, having finished the business before them, are about to adjourn.

_Ordered_, That the Secretary inform the House of Representatives that the Senate, having finished the business before them, are about to adjourn.

The Secretary having performed that duty, the PRESIDENT adjourned the Senate, to meet on the fourth Monday of November.

FOOTNOTES:

[5] LIST OF MEMBERS OF THE SENATE.

_New Hampshire._--Nicholas Gilman, Nahum Parker.
_Massachusetts._--Timothy Pickering.
_Connecticut._--James Hillhouse, Chauncey Goodrich.
_Rhode Island._--Elisha Mathewson, Francis Malbone.
_Vermont._--Jonathan Robinson, Stephen R. Bradley.
_New York._--John Smith.
_New Jersey._--John Lambert, John Condit.
_Pennsylvania._--Andrew Gregg, Michael Leib.
_Delaware._--Samuel White, James A. Bayard.
_Maryland._--Samuel Smith, Philip Reed.
_Virginia._--William B. Giles, Richard Brent.
_North Carolina._--Jesse Franklin, James Turner.
_South Carolina._--John Gaillard.
_Georgia._--William H. Crawford.
_Kentucky._--Buckner Thruston, John Pope.
_Tennessee._--Joseph Anderson, Jenkin Whiteside.
_Ohio._--Return Jonathan Meigs, jr., Stanley Griswold.

ELEVENTH CONGRESS.--FIRST SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.[6]

MONDAY, May 22, 1809.

This being the day appointed by law for the meeting of the present session, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:

_From New Hampshire_--Daniel Blaisdell, John C. Chamberlain,
William Hale, Nathaniel A. Haven, and James Wilson.

_From Massachusetts_--Ezekiel Bacon, William Baylies, Richard
Cutts, William Ely, Gideon Gardner, Barzillai Gannett, Edward
St. Loe Livermore, Benjamin Pickman, junior, Josiah Quincy,
Ebenezer Seaver, William Stedman, Jabez Upham, Joseph B.
Varnum, and Laban Wheaton.

_From Rhode Island_--Richard Jackson, junior, and Elisha R.
Potter.

_From Connecticut_--Epaphroditus Champion, Samuel W. Dana, John
Davenport, Jonathan O. Mosely, Timothy Pitkin, junior, Lewis
B. Sturges and Benjamin Tallmadge.

From Vermont--William Chamberlin, Martin Chittenden, Jonathan
H. Hubbard, and Samuel Shaw.

_From New York_--James Emott, Jonathan Fisk, Barent Gardenier,
Thomas R. Gold, Herman Knickerbacker, Robert Le Roy Livingston,
John Nicholson, Peter B. Porter, Ebenezer Sage, Thomas Sammons,
John Thompson, Uri Tracy, and Killian K. Van Rensselaer.

_From New Jersey_--Adam Boyd, James Cox, William Helms, Jacob
Hufty, Thomas Newbold, and Henry Southard.

_From Pennsylvania_--William Anderson, David Bard, Robert
Brown, William Crawford, William Findlay, Robert Jenkins, Aaron
Lyle, William Milnor, John Porter, John Rea, Matthias Richards,
John Ross, George Smith, Samuel Smith, and Robert Whitehill.

_From Maryland_--John Brown, John Campbell, Charles
Goldsborough, Philip B. Key, Alexander McKim, John Montgomery,
Nicholas R. Moore, Roger Nelson, and Archibald Van Horne.

_From Virginia_--Burwell Bassett, William A. Burwell, Matthew
Clay, John Dawson, John W. Eppes, James Breckenridge, Thomas
Gholson, junior, Peterson Goodwyn, Edwin Gray, John G. Jackson,
Walter Jones, Joseph Lewis, junior, John Love, Thomas Newton,
John Randolph, John Roane, Daniel Sheffey, John Smith, James
Stephenson, and Jacob Swoope.

_From North Carolina_--Willis Alston, junior, James Cochran,
Meshack Franklin, James Holland, Thomas Kenan, William Kennedy,
Nathaniel Macon, Archibald McBride, Lemuel Sawyer, Richard
Stanford, and John Stanley.

_From South Carolina_--Lemuel J. Alston, William Butler, Joseph
Calhoun, Robert Marion, Thomas Moore, John Taylor, and Robert
Witherspoon.

_From Georgia_--William W. Bibb, Howell Cobb, Dennis Smelt, and
George M. Troup.

_From Kentucky_--Henry Crist, Joseph Desha, Benjamin Howard,
Richard M. Johnson, Matthew Lyon, and Samuel McKee.

_From Tennessee_--Pleasant M. Miller, and John Rhea.

_From Ohio_--Jeremiah Morrow.

_Election of Speaker, &c._

A quorum, consisting of a majority of the whole number, being present, the House proceeded, by ballot, to the choice of a Speaker.

Messrs. N. R. MOORE, CUTTS, and PORTER, were appointed tellers of the votes.

Mr. N. R. MOORE reported that the result of the ballot was, that there were--

For Joseph B. Varnum, 60; Nathaniel Macon, 36; Timothy Pitkin, junior, 20; Roger Nelson, 1; C. W. Goldsborough, 1; blank ballots, 2.

Mr. VARNUM having 60 votes, it was submitted to the decision of the House by the tellers whether the blank ballots could be considered as votes; if not, there being but 118 votes, Mr. VARNUM having 60, had a majority.

Mr. W. ALSTON conceived that there could be no doubt on the subject; that blank pieces of paper could not be considered as votes. He instanced the case which occurred in the famous balloting for President in the year 1801; at which time, after a number of ballotings, the State of Maryland, which was divided, gave in four blank votes, and thus decided the election.

Mr. MACON thought there could be no question on the subject; he also recollected the case of the Presidential election instanced by his colleague, and was of opinion that blank ballots could not be counted. He hoped that the gentleman from Massachusetts (Mr. VARNUM) would be conducted to the Chair.

Mr. RANDOLPH said this was no ordinary question which the House were about to determine, at the instance of his friend, (Mr. MACON,) in his opinion, in a very irregular manner; and Mr. R. said that he was certain, if his friend were not himself implicated in the question, he would have been one of the last men in the House to give such a decision against himself; but perhaps this was a peculiarity in his friend's character. Are we, gentlemen, (said Mr. R.,) to have a Speaker of the House of Representatives without any election? The committee have not reported that one of the persons voted for had a majority of the whole number of votes even; on the contrary, they have expressly reported that no one had a majority. And will the House consent in this manner to choose a Speaker to preside over this body, and perhaps eventually over the destinies of this nation?--for perchance the Speaker might become President of the United States. With respect to the precedent in the case of the election of the President of the United States, there was not, he said, the smallest analogy between the two cases. What was that case? It was on a question whether or not there should exist in this country a Government, that this device had been used, after some forty or fifty ballotings. In order to give a President to the United States, certain gentlemen had thought proper not to vote at all. But, said Mr. R., is time now so precious? Is the Secretary of the President of the United States knocking at the door for admittance? Is the enemy at the gate? Is there not time, I beseech you, gentlemen, to proceed in the regular mode to the election of our officers? Or, shall we, to avoid the trouble of writing a name twice, establish a precedent, which, if established, may put an end to this Government, which is founded on the principle that the majority shall govern? Mr. R. said he was more free in expressing his ideas, because he believed that a second ballot would not affect the result; and he put it to his friend (Mr. MACON) to say whether he himself would consent to take the Chair on the vote of a minority. He said he knew him too well; he would not consent to it. He conceived that there was no question before the House, that they had not elected their Speaker; and that it was their business to proceed to an election. They were certainly competent, he said, to elect the officers of their own body; and he hoped they would do it _more majorum_--after the fashion of their ancestors.

Mr. STANFORD denied that the case which had been cited from the Presidential election in 1801 had any bearing on the present question. That was a case in which, a State being divided, one-half the representation voted blank, and left to the other half of the representation the right of voting for the State. As, at the same time, a gentleman now from Kentucky, (Mr. LYON,) then the only representative present from Vermont, had, by his single vote, his colleague being absent, decided the vote of that State, he thought there was no analogy.

Mr. RANDOLPH moved that the House proceed to ballot a second time for Speaker.

The Clerk having put the question, it was carried--67 to 43.

Mr. MACON said he certainly felt a sense of gratitude towards those who had voted for him; but he should be obliged to them to vote for some other person. He had rather remain on the floor of the House than be placed in the Chair. He had experienced the difficulties of the situation; besides, by an illness during last winter, his lungs had been so affected that he did not feel himself adequate to the task. As his declining the situation might be unexpected to some gentlemen, to accommodate them he would ask a postponement of the ballot for a time. He considered the office of Speaker of the House as one of the most honorable in the nation. Perhaps none was more so, after that of President and Vice President. Notwithstanding this, were there a probability of his being chosen, he must decline being placed in the Chair.

The House then proceeded to a further ballot; and Mr. N. R. MOORE reported the result to be:

For Mr. Varnum, 65; Mr. Macon, 45; Mr. Pitkin, 6; Mr. Howard, 1; Mr. Nelson, 1, and Mr. Goldsborough, 1.

Mr. VARNUM having a majority of votes was declared elected, and conducted to the Chair; whence he addressed the House as follows:

"_Gentlemen of the House of Representatives_:

"The continued manifestation of the national confidence
in me, expressed by the Representatives of the people on
this occasion, fills my heart with grateful sensibility. In
obedience to the call of my country, I accept the office
assigned me, and will endeavor to discharge the duties of it
according to the best of my abilities, and agreeably to the
wishes of the House."

The SPEAKER having been sworn, the oath to support the Constitution of the United States was by him administered to the members, by States.

The House then proceeded to the choice of a Clerk, by ballot. The votes having been counted, there were--

For Patrick Magruder, 63; Daniel Brent, 38; Nicholas B. Van Zandt, 14; William Lambert, 7, and Mr. Scott, 1.

Mr. Magruder having a majority of votes, was declared to be re-elected.

Mr. GEORGE POINDEXTER having appeared and produced his credentials, as the Delegate from the Mississippi Territory of the United States, the oath was administered to him by the Speaker.

Mr. MACON, from the joint committee appointed to wait on the President of the United States, reported that the committee had performed the service assigned to them, and that the President signified that he would make a communication to Congress, to-morrow at twelve o'clock.

A message was received from the Senate, informing the House that that body was formed, and ready to proceed to business; and that they had appointed a committee to wait on the President of the United States, in conjunction with such committee as the House should appoint, to inform him that they were ready to receive any communication he might have to make.

On motion of Mr. J. G. JACKSON, a committee was appointed to act with the committee of the Senate. Messrs. MACON and JACKSON were named as the committee.

The House, after hearing a memorial from Joseph Wheaton, stating his services, and praying a reinstatement in the office of Sergeant-at-Arms, from which he had been ejected, proceeded to the choice of a Sergeant-at-Arms. The whole number was 122, of which Thomas Dunn had 80. He was therefore declared to be re-elected.

On balloting for a Doorkeeper, the whole number of votes was 116, of which Thomas Claxton had 115. He was therefore declared re-elected.

On balloting for an Assistant Doorkeeper, there were--

For Benjamin Burch, 68; Jesse Edwards, 50.

Mr. Burch was therefore elected.

Mr. DAWSON.--Before we adjourn, it will be necessary to fix on some hour at which we shall meet; that hour heretofore has been eleven; but, as the mornings are now long, as some of the reasons which caused the present sessions have probably ceased, as the select committees will have but little to do, and every gentleman must be anxious to end the session and return home, I would prefer an earlier hour, and therefore offer the following resolution:

_Resolved_, That unless otherwise directed, the hour of meeting
during the present session shall be at ten o'clock in the
forenoon.

Agreed to, 52 to 39; and the House adjourned.

TUESDAY, May 23.

Several other members, to wit: From Massachusetts, SAMUEL TAGGART; from New York, VINCENT MATTHEWS; from Pennsylvania, DANIEL HEISTER; and from North Carolina, JOSEPH PEARSON, appeared, produced their credentials, were qualified, and took their seats.

The Journal of yesterday's proceedings having been read--

Mr. RANDOLPH moved to amend it, so as to record the precise state of the two ballots for a Speaker, with a view to a correct understanding of the case, if it should ever be drawn into precedent hereafter.

After a discussion of nearly two hours on the subject of the decision of yesterday, and the analogy betwixt it and the case of the Presidential election of 1801, Mr. RANDOLPH'S motion was agreed to--ayes 70.

_President's Message._

The Message of the President of the United States was received, agreeably to the intimation given by the President yesterday to the committee appointed to wait on him. The Message having been read, was referred to a Committee of the whole House on the State of the Union, and 5,000 copies ordered to be printed of the Message, with the documents accompanying it. [See Senate proceedings of this date, _ante_ page 117, for this Message.]

THURSDAY, May 25.

_Swedish and Portuguese Vessels._

Mr. NEWTON offered a resolution to instruct the Committee of Commerce and Manufactures to inquire into and report on the expediency of permitting vessels of those nations with whom intercourse was permitted, to take cargoes, &c. He stated to the House that at present vessels of Sweden and Portugal, with whom intercourse is permitted, could not load and depart; and on this subject a letter was read from the Secretary of the Treasury to the Committee of Commerce and Manufactures.

Mr. BURWELL said there was another subject connected with the resolution, which ought to be taken into consideration. The proclamation of the President declares that on the 10th of June next, the operation of the non-intercourse law, as relates to Great Britain, shall cease. It went into operation on the 20th of this month. Of course there were many vessels on the coast which could not get in before the 20th of May. He submitted it to the Chairman of the Committee, whether it would not be proper at once to do away all restriction, because the policy of its existence had ceased in relation to Great Britain from the restoration of harmony with her; and if the goods on our coast were not permitted to be regularly landed, they might be smuggled in, and injure the revenue. He thought it would be proper to inquire into the expediency of doing away at once, by law, all interdiction of commerce.

Mr. NEWTON said he had no objection to act on the subject mentioned by his colleague, but he did not conceive it to be connected with the present motion.

Mr. NEWTON'S motion having been agreed to, he immediately reported "a bill respecting the ships or vessels owned by citizens of foreign nations with whom commercial intercourse is permitted."--Twice read, and referred to a Committee of the whole House to-morrow.

_Non-Intercourse Act._

Mr. LIVERMORE said that he did not distinctly hear all that fell from the gentleman from Virginia, (Mr. BURWELL,) but, from what he had heard, he apprehended that it was on a subject of great importance. There were many vessels on the coast, which, were they to enter our harbors, would fall within the description of the 4th, 5th, and 6th sections of the non-intercourse act. From the happy commencement of the settlement of our differences with Great Britain, he did not believe it was the design of any gentleman that the non-intercourse should be enforced in this particular. He therefore offered a resolution for suspending the act, as follows:

_Resolved_, That it is expedient that the operation of so
much of the act, entitled "An act to interdict the commercial
intercourse between the United States and Great Britain and
France, and their dependencies," as inhibits the importation of
goods from Great Britain and its dependencies, be suspended
until the tenth day of June next.

FRIDAY, May 26.

Another member, to wit, ROBERT WEAKLEY, from Tennessee, appeared, produced his credentials, was qualified, and took his seat.

_Vote of Approbation._

Mr. RANDOLPH said that for the last eight years or thereabouts an alteration had taken place in the manner of doing business at the commencement of each session of Congress. He said he recollected when the first Congress under the administration of Mr. Jefferson had met at this place, instead of Congress being opened as heretofore by the President in person and by a speech, a note in these words had been received by the Speaker, enclosing a Message from the President:

"DECEMBER 8, 1801.

"SIR: The circumstances under which we find ourselves at this
place rendering inconvenient the mode heretofore practised, of
making by personal address the first communications between
the Legislative and Executive branches, I have adopted that
by Message, as used on all subsequent occasions through the
session. In doing this I have had a principal regard to the
convenience of the Legislature, to the economy of their time,
to their relief from the embarrassment of immediate answers on
subjects not yet fully before them, and to the benefits thence
resulting to the public affairs. Trusting that a procedure
founded in these motives will meet their approbation, I beg
leave through you, sir, to communicate the enclosed Message."
&c.

It is unnecessary, I believe, (said Mr. R.,) to state that the hint contained in the Message that no answer was to be expected, was taken by the House; and from that day no answers have been given to the Message of the President at the opening of Congress. It would ill become me, sir, who so highly approved then, and who so highly approve now the change introduced by communicating to the two Houses by message instead of by speech, to say any thing that might imply a disapprobation of it. I like it, sir. To tell the truth, the style of communicating by speech was more in the style of the opening of the British Parliament by the king. I therefore like the mode of communication by message. But I am not so clear, though we were then half-right, that we were wholly right; though on this subject I do not mean to give a definite opinion. No man can turn over the journals of the first six Congresses of the United States without being sickened, fairly sickened, with the adulation often replied by the Houses of Congress to the President's communication. But nevertheless the answer to an address, although that answer might finally contain the most exceptionable passages, was in fact the greatest opportunity which the opposition to the measures of the administration had of canvassing and sifting its measures; and, in my mind, whatever goes to take away this opportunity, goes so far to narrow down the rights of the minority or opposition, commonly so called, and in fact to enlarge the rights of the majority and the administration party so called; and I beg leave not to be understood as speaking of the state of parties at this time, but of that which has always existed. This opportunity of discussion of the answer to an address, however exceptionable the address might be when it had received the last seasoning for the Presidential palate, did afford the best opportunity to take a review of the measures of the administration, to canvass them fully and fairly, without there being any question raised whether the gentlemen were in order or not; and I believe the time spent in canvassing the answer to a speech was at least as well spent as a great deal that we have expended since we discontinued the practice. I do not say that any answer is proper or ought to be given; but I do believe that when this House goes into a Committee of the Whole on the state of the Union, it is for purposes a little more elevated than to dissect the Message of the President of the United States, or to strip it up and transfer it to select and standing committees. If that be the whole object of going into a Committee of the Whole on the state of the Union, I can see no reason for having any such committee, nor why the Message should not be taken in the first instance, dissected by the knife of the operator most in the fashion of the day, and referred to different committees. And it has a tendency to cast a sort of ridicule on our proceedings, when this august assembly resolves itself into a Committee of the Whole on the state of the Union, and resolves that the Message shall be referred to such and such committees; and would induce shallow observers to believe that in fact there is little or no use for such a committee. But whatever may be my opinion on the subject of opening the two Houses by message, I do think that there are occasions, and that this is one, on which it behooves this assembly to express its opinion on the state of public affairs. I will not recall to your recollection, sir, because perhaps, and most probably it passed over your mind without making any impression, that some time during the last session of Congress, I stated that if the gentleman in whose hand the reins of Government were about to be placed did not even tolerably perform the task assigned to him, some allowance ought to be made for the state in which he found the nation. And, sir, when I see the situation of the country so materially changed for the better, am I and is this House to sit still and regard it but as newspaper talk of the day, and express no opinion on it? And what is our opinion? It is either in approbation or disapprobation of the conduct of the Executive. In my opinion it is due to the Executive that he have an expression of sentiment on this subject. In the part of the country in which I live, dinners have been given, feasts have been held, and the song and toast have passed round in commemoration of the event: and is this House to be insensible, and to leave the President of the United States in ignorance or doubt whether his conduct has or has not received the sanction of their approbation? Or is he to get that information from inofficial sources? I hope not. I hope he will get it from ourselves. I therefore move you--

"That the promptitude and frankness with which the President
of the United States has met the overtures of the Government
of Great Britain, towards the restoration of harmony and free
commercial intercourse between the two nations, meets the
approbation of this House."

Mr. FINDLAY said that this proposition contemplated a novelty in the legislative proceeding of this country. Where would it end if the House were now to make a solemn resolution approving of the conduct of the President? The answer returned to the speech of the King in monarchical Governments committed the House making it to all that was contained in it. The practice in this country had been long considered an evil; indeed, he thought he could show by the journals one instance in which the discussion of a single section in an answer occupied the House fourteen or fifteen days. It was a practice, too, which introduced at the very opening of the session all that irritation that commonly arose in the course of a session. Mr. F. said he supposed there was not a member in the House but did approve of the President's exercise of the authority vested in him. He presumed that they approved equally also of the same offer heretofore made to the Court of London. If the House were to approbate the conduct of one President, they must approbate that of others; and the conduct of the different administrations under the constitution might be brought into view. Mr. F. was totally against this motion, or any other of the kind.

Mr. DANA said that at the present time he should certainly not be for adopting the resolution. The adopting it at this time would certainly not comport with the object professed by the mover, which he had understood to be, to present a question on which there might be a general view of the conduct of the Executive in relation to the object in question. If the object was to bring up the question in a regular form, that gentlemen might express themselves fully in relation to our affairs, it was very proper that this subject should be discussed in Committee of the Whole on the state of the Union. For himself, Mr. D. said that he thought the mode of answering speeches might do very well in such a Government as this, and whatever might be said of economy of time, by an attention to the actual expense, it would be found that in fact very little time was lost by it. At the last session of Congress a committee had reported a resolution to which there was but two dissentients; the discussion occupied nearly three weeks. All agreed as to the result, but gentlemen combated each other's arguments. And undoubtedly, Mr. D. said, the rapidity with which the Message was shot through a Committee of the Whole, was rather a farcical piece of business--and, indeed, it was not without some little surprise that, when he had come to the House this morning, he found the whole subject disposed of.

Mr. W. ALSTON said, that when a resolution like the one proposed was presented to him, the substance of which met his approbation, if he was compelled to vote directly upon it, he would rather vote for it than against it. But if it were the object to bring before the House a discussion upon the Message of the President, and to return an answer to his Excellency's most gracious Message, he should certainly be opposed to it. If ever there had been one particular part of the conduct of the former administration which had met the approbation of the Republicans of this country generally, it was the discontinuance of this practice. The result of the alteration was, that although more was done during the sessions of the Republican Congresses, they terminated them three or four weeks sooner than ever had been done before. As to the opportunity which the answers afforded for debate, could any one say that sufficient latitude had not been taken in debate? Had not gentlemen even called others by name, and introduced every subject on any question? Mr. A. said he was pleased with what had been done, and he could not vote that he was not pleased; but he was certainly opposed to entering into a full discussion, at the opening of each session, of every thing which was to come under the consideration of the House. If they were to take up this resolution, they might as well take some abstract act of Mr. Adams's, he being still living, and discuss his political life. WASHINGTON, at least he hoped, having departed from us, would be permitted to rest in peace.

Mr. BACON said that with other gentlemen, he could not but regret that this proposition had been brought forward. If he were brought to vote upon it, he need not tell the House that he should cordially vote for it; but it was really one of the last observations which he had expected to have heard from any gentleman that we wanted field for debate. He had thought that the grievance was the other way; that the cause of complaint was, that they consumed too much time in debate. He said he should certainly vote for the resolution, were it brought to a direct vote; but, for the purpose of placing before the House the view of the subject which he entertained, he should take the liberty to move an amendment to it, and then move to refer it to a Committee of the Whole. The amendment was in these words, proposed to be added to the motion:--"And furnishes an additional proof of the spirit of accommodation on the part of the Government of the United States, which has at no time been intermitted."

Mr. J. G. JACKSON moved that the whole subject be postponed indefinitely.