Chapter I: A. Coles (60)

_Army, pay of the._--In the House, bill concerning the pay of the army
considered, 581;
the present pay of the army much below the average price of labor,
581;
wherefore should the soldier receive less than any other man, 581;
the compensation should be proportioned to the risk, 581;
to second section of the bill little objection apprehended, 581;
third section founded on the principle that every man owes to the
country which protects him, military service, 581;
second section involves an infraction of the constitution, 582;
any man who had contracted a debt had certainly given a pledge not
only of his property but of his body to his creditor, 582;
this right of the creditor to take the body is completely taken out
of his hands in regard to those who enlist, 582;
has an _ex post facto_ operation, 582;
this provision necessary to guard against fraud, 582;
persons enlisted procure themselves to be arrested under fictitious
debts, 582;
when let out on bail and the commander attempts to take him he is
rescued on a _habeas corpus_, and courts decide the man to be
the property of his bail, 582;
motion to strike out lost, 582;
third section encourages the uneasy boy to throw off parental
authority or to defraud a master, its tendency is to violate
public morals and the spirit of the constitution, and to
interfere with public economy, 582;
it is unknown as well as immoral, 582;
other objections, 583;
minors above eighteen allowed to enlist, 583;
you go into the workshop and the parent's dwelling and entice away
the apprentice and the child, 583;
this very population constitutes the strength and vigor of war, 583;
what was the fact in France, 583;
her army is made up of young men, 583;
the case of husbands deserting wives and children aged parents, is
as much entitled to sympathy, 583;
better resort to liberal bounties and wages than violate important
principles, 584;
the extensiveness of the relation of master and apprentice, 584;
can these relations dissolve under the charm of this bill, 584;
necessity is alleged, 584;
beware how you yield to this fancied necessity, 584;
this section will be productive of much evil and perhaps little
good, 584;
reason to doubt its constitutionality, 584;
amendments negatived and bill ordered to third reading, 584;
the atrocity of the principle and the magnitude of the evil
contained in this bill, 585;
third section is calculated to seduce minors from their masters,
guardians, and parents, 585;
the absurdity of this provision--its inequality--its immorality
considered, 585, 586;
sixteen was the age called upon in the revolution, 587;
which excites the most regret, a child leaving his parents to defend
his country, or a parent torn from his family to defend a
foreign power, 588;
the charges against this bill are a libel on the House, 588;
atrocious principle! let gentlemen damn the memory of the patriots
of the revolution who originated this principle, 588;
if there is an increase of population, there appears to be a
deterioration of patriotism since the revolution, 588;
what was the law in 1798, 588;
the power to enlist minors is a new principle, 588;
third section examined, 589;
reason for the preference of young men, 589;
House now prepared to take up a small subject and make a great thing
of it, 589;
a man ought not to be called on to defend his country until he has
acquired political rights, 589;
moved to recommit the bill, 590;
it is of the nature of an _ex post facto_ law, and tends to exalt
the military over the civil authority, 591;
the third section freighted with most fatal consequences, 591;
cases supposed, 591;
recommitment lost, 592;
bill passed, 593.

_Military Force additional._--In the Senate, a bill to authorize the
President to accept and organize certain military corps, &c.,
considered, 405;
be productive of no efficacy, 405;
be inoperative, 405;
system of volunteers the favorite one of the Government, 405;
the number should be reduced, 405;
only a formidable display of armies on paper, 405.

_In the House_, bill taken up, 547;
is it such as to require secrecy? 548;
voted affirmatively, 548;
bill ordered to be engrossed and passed, 548.

_In the House_, bills for the more perfect organization of the army,
and to raise an additional military force considered in
committee, 611;
moved to fill the blanks relative to bounty, 611;
the military committee present a system on which to rest the future
operation of the war, 611;
explanation of its merits, 611;
object with all to terminate the war successfully, 611;
no other mode than to call into the field a force adequate to
command every honorable object, 611;
the good the war has accomplished relative to our character abroad,
611;
the honor of the nation requires that British power on our borders
should be demolished in the next campaign, 611;
after seeing the necessity of augmenting the regular forces, it was
equally material to provide for filling the ranks, and keeping
them at their full complement, 612;
it is proposed to appoint recruiting officers for each regiment,
612;
it may be said the results of the last campaign are so unfavorable
that there is no object to vote further sums, 612;
all our disasters sprang from a cause no man in the nation could
anticipate, 612;
treachery or cowardice caused the surrender at Detroit, 612;
question on filling the blanks carried, 613;
moved to repeal the offer of bounty land to the recruits, 613;
this is a waste of the nation's capital without a single provident
result, 613;
it is proposed to increase the bounty in money, 613;
motion agreed to, 613;
blanks in the other bill authorizing an additional military force
severally filled, 613;
reason for giving the appointment of officers below the rank of
colonel to the President alone, 613;
bills reported to the House, 613;
first bill ordered to be engrossed, 613;
question on the engrossment of the bill to raise an additional
military force, 614;
great anticipations from the action of twenty thousand men in a
single year, 614;
when war was declared it was said Canada would be conquered in a
single year, 614;
experience has proved the fallacy of these predictions, 615;
no pleasure to dwell upon the disasters and disgrace that have
attended our military operations, 615;
the annals of the last six months are most deplorable, 615;
the tone and heart of the country broken, universal disgust at the
past, anxiety and concern for the future, 615;
what is now proposed for the future, 615;
an army of twelve months' men--a broken reed, 615;
an army and term of service which well nigh lost the country in the
revolutionary war, 615;
wherefore change the term of enlistment from five years or during
the war to one year, 615;
feelings of the Canadians, 616;
let us see things as they are, and look danger in the face, 616;
points in our relative conduct towards France and Great Britain
which will not bear examination, 616;
moved to strike out one and insert five years as the term of
enlistment, 616;
we must rise after reverses, 616;
if we were to unite the question would soon be settled, 617;
cause of the war concisely stated by Capt. Porter, "Free trade and
sailor's rights," 617;
is there a man doubts the war was justly undertaken? 617;
what injury have we not suffered, 617;
you have been told the Prince Regent and his ministers are firm, let
us follow their example, 617;
an army should be seasoned before it is taken into the field, 617;
it will take a year to prepare them for the field; without
discipline they are useless, 617;
let us raise an army for the war, 617;
we must take the continent from Britain, 617;
the question is what is the kind of force, and for what length of
time can you raise an army to take the field at the earliest
period? 618;
under this measure a force may be drawn into the field ready to act
efficiently in the next campaign, 618;
we have never engaged in any war in which we have come out better in
the first campaign, 618;
if this country will go into the war heart and hand, we shall
shortly demonstrate to the enemy that it is her interest to be
at peace with us, 618;
amendment lost, 618;
question on the passage of the bill, 618.

All desire peace, but what is the best course to obtain it, 618;
will the passage of this bill, and the actual enlistment of the
proposed force secure peace? 618;
this war can be terminated with honor and advantage without further
effusion of human blood, 619;
this does not mean that the honor of the nation is identical with
the honor of those who declared the war, 619;
the question of contest is reduced to a single point, 619;
the British Orders in Council have been repealed, the practice of
impressment alone remains, 619;
this has been subjected to much exaggeration, 619;
it is not certain England has been unwilling to enter into such an
arrangement as would place this question on a fair and honorable
basis, 619;
see the correspondence of Messrs. Monroe and Pinkney, 619;
at one period she was willing to advance considerable lengths
towards an adjustment, 619;
our duty to make an effort for the sanction of our just rights and
the restoration of peace without further appeal to force, 619;
facts tending to confirm this belief, 620;
the late communications from the Executive to the British Government
present a novelty in the history of war and diplomacy, 620;
this bill is a kind of second declaration of war, 621;
the war is both politically and morally wrong, 621;
it is of an offensive character, 621;
something unaccountable that the disposition to prosecute this war
should increase, 621;
it rests now solely on the subject of impressment, 621;
this must be settled by treaty, 621;
we shall create an annual expense of forty millions, 621;
if Canada could be taken it would be a great public misfortune, 621;
this war cannot be prosecuted without violating the laws of humanity
and justice, of religion and morality, 621;
it is becoming more unpopular in the Eastern States, 622;
the force contemplated to be raised is unnecessary, 622;
the present military establishment is certainly sufficient for all
purposes of defence, 622;
neither Canada nor any other British province will be worth the
blood and treasure they will cost us, 622;
the militia of Canada estimated too low, 622;
of what value would these provinces be to us, 623;
duty to inquire into the policy and necessity of this measure, as
well as the present state of our relations with Great Britain,
623;
would the principle, if yielded to us to-morrow, benefit our native
seamen, or promote the real interests of the country? 624;
is there probability of obtaining a recognition of this principle by
a continuance of the war? 624;
the traffic in American protections, 625;
the bill is altogether inadequate to the purpose intended to be
accomplished, 626;
it cannot be admitted that because the war is declared, we are bound
to lend aid to promote every plan for prosecuting it which may
be proposed, 627;
the bill is unnecessary for the attainment of the original object of
the war, 627;
some of the pretended causes of the war have never been seriously
relied on by our Government, 627;
what was the avowed object of this war? 628;
the pretence was to take or rather to receive Canada, 628;
the effect of this bill is to place at the disposal of the Executive
an army of fifty-five thousand men, 628;
the purpose for which these men are demanded is the invasion of
Canada, 628;
is the conquest of Canada an object desirable in itself, or
advantageous by its effect in promoting an early and honorable
peace? 628;
_note_, 628;
the intention of the American Cabinet thus unequivocally avowed,
628;
anxious that no doubt should exist on this subject, 628;
no scheme ever was or ever will be rejected by the men now in power
merely on account of its running counter to the ordinary
dictates of common sense and common prudence, 629;
illustration, 629;
the great mistake of all those who reasoned concerning the war and
the invasion of Canada, that it was impossible, was that they
never took into consideration the connection of these events
with the then pending election of Chief Magistrate, 629;
the invasion of Canada considered as a means of carrying on the
subsisting war, a means of obtaining an early and honorable
peace, and a means of advancing the personal and local projects
of ambition of the members of the American Cabinet, 630;
never was there an invasion in any country worse than this in point
of moral principle, since the invasion of the Buccaneers, or of
Capt. Kidd, 632;
they had the hope of plunder, here there is not even the poor refuge
of cupidity, 632;
the disgrace of our arms on the frontier is terrestrial glory
compared with the disgrace of the attempt, 632;
this nation is the last which ought to admit the design of foreign
conquest, 632;
multitudes who approve of the war detest the invasion, 633;
look at the elections, what do they speak? 633;
the people of New England have no desire for Canada, 633;
the surest way to defeat any hope from negotiation is this threat of
invasion, 634;
the American Cabinet understood this, 634;
the project of this bill is to put further off the chance of
amicable arrangement, 634;
the present men were raised to power by elements constituted of
British prejudices and British antipathies, 634;
such men will never permit a state of things to pass away so
essential to their influence, 635;
the Cabinet has been careful to precede negotiation with some
circumstance sure to make it fail, ever since the refusal to
renew the Treaty of 1794, 635;
the Executive power passed into new hands, under the old influences
and principles of the former Administration, 635;
the whole stage of the relations induced between this country and
Great Britain was a standing appeal to the fears of Great
Britain, 635;
what is the truth in relation to the repeal of the Berlin and Milan
decrees? 636;
were ever a body of men so abandoned in the hour of need as the
American Cabinet by Bonaparte? 636;
reasons for referring to this subject, 636;
illustrations of what is doing and intended at present, 637;
the invitations to union which have been so obtrusively urged, 638;
the liberty of debate prostituted in disseminating the most
unfounded charges, 639;
it has been charged that war had been declared prematurely and
without due preparation, 639;
it has been said that the nature of the war is changed, 640;
what the Legislature considered as the cause of war, 641;
the manner in which the points of difference between the two nations
ought to be considered, 641;
negotiation has been tried in the matter of impressment for twenty
years, 641;
it is pretended that this Government is not desirous of peace, and
that this is a war of conquest and ambition, 642;
if we now recede, are not points conceded to the enemy which the
opposition never would concede if in power, 642;
how much more powerful is the objection to the right of search now
than when first made, 643;
exemption from impressment is no new claim set up, 644;
the evils we have complained of were of a nature not to be remedied
by war, 644;
what has been the state of the country since the declaration of war,
645;
our relations with the belligerents have essentially changed since
war was declared, 645;
Napoleon has inveigled us into a war, 645;
why was the evidence of a repeal of the decrees withheld, 646;
believing the French decrees repealed, we departed from our neutral
stand, by enforcing the non-intercourse law against Great
Britain, 647;
the prominent causes of the war examined, 648;
whether this bill is right or wrong depends upon circumstances, 652;
it is said to be the constitutional duty of the opponents of the war
to afford every aid and encouragement, 653;
not the most suitable measure to be selected by the opposition, upon
which to show their resistance, 653;
a view of the past, of different parties which have at various times
appeared, and the manner by which we have been driven from a
peaceful posture, 654;
the course of the opposition in impeding the Government for the last
twelve years has been unexampled in history, 654;
gentlemen seem to forget that they stand on American soil, 655;
a plot for the dismemberment of the Union, 656;
cause of the declaration of war, 656;
it is said France inveigled us into the war, 656;
the war might have been declared even if the Orders in Council had
been repealed earlier, 657;
it is said Great Britain has always been willing to make a
satisfactory arrangement on the subject of impressment, 658;
what cause which existed for declaring the war has been removed,
659.

What is the object of this vast military force? 660;
retrospect of the last eight years, to show how much gentlemen have
been mistaken and disappointed in their views of foreign policy,
661;
the picture of impressments has been too highly colored, 663;
in that section of the Union where two-thirds of the seamen come
from, there is an overwhelming opinion against the war, 663;
the controversy seems brought to a single point, 663;
it is supposed this is the auspicious moment to assert our rights,
664;
the opinions of the majority have undergone a strange revolution,
664;
the conquest of the British provinces doubtful, 665;
physical and moral evils resulting from your measures, 666;
some observations on the bill itself, 666;
none can deny the propriety of defending the country, 666;
objections to the further prosecution of the war examined, 667;
contrariety of opinions respecting Canada, 668;
none but cowards calculate on the cowardice of their foe, 668;
the war was improperly commenced and is unnecessarily continued,
669;
examination of the causes as they existed at the commencement and
exist now, 669;
the claim on the part of Britain relative to seamen, 670;
this claim examined, 670, 671, 672, 673;
the points made in debate, impressment, the right to expatriate, the
right to naturalize, and French influence, 675;
a distinction been drawn throughout this debate between the rights
of a man who cultivates the soil, and one who follows the seas,
675;
every attempt to settle the question of impressment for twenty years
has failed, 676;
it is said that it is the abuse of impressment of which we complain,
676;
Porcupine paper, 676;
all agree that we ought to fight for the rights of our seamen, why
not all join heart and hand to do so, 678;
this has been a most unfortunate Government as ever existed; every
thing has gone wrong, 678;
bill ordered to be engrossed, 679.

Question on the passage of the bill, 679;
the army has been represented as dangerous to the liberties of the
country, 679;
what have been the propositions heretofore made by our Government to
Great Britain? 679;
equitable as they were all were rejected, 680;
for every British seaman obtained by impressment a number of
Americans have been made victims, 680;
the change of Administration in former years, 681;
characters of the two contending parties, 681;
course of the successful party, 682;
proceedings of our Government, 683, 684;
the Orders in Council constituted no insurmountable obstacle to
negotiation between this country and Great Britain, 685;
if the President had made that repeal a basis of negotiation, every
man in the country would have hailed him as the restorer of
peace, 686;
the ruler of France has turned with contempt from your reclamations,
686;
what atonement has been made for these insults and injuries, 686;
the Indian wars on the frontier, 686;
has this subject been inquired into, 687;
a word on the subject of impressments, 687;
Great Britain rather than surrender the right of impressing her own
seamen, will nail her colors to the mast and go down with them,
688;
this lies in a small compass, 688;
what was the offer made to our Government by the British Ministry?
688;
the right of search does exist, and has been acknowledged by all
nations, 689;
the French doctrine in relation to impressment, 689;
author of the Newburg letters to command your army, 690;
can the force contemplated be obtained; will it accomplish the end
proposed, and will it be an economical force? 690;
the grounds taken by the opponents of this bill examined, 691, 692;
what is the object of this debate, 694;
to thwart the final success of the war, 694;
all the arguments of the opposition have been directed to destroy
the union and zeal of the people, 694;
but say our opponents, as they were opposed to the war, so they are
not bound to support it, 694;
but we are told that peace is in our power without a further
prosecution of the war, 694;
it is said we ought to offer England suitable regulations on this
subject to secure to her the use of her seamen, 695;
will the intended effect of the opposition be produced? 695;
gentlemen are conjured to bring this debate to a close, 696;
the success against the Canadas doubtful, 696;
mortifying to see the conduct of the enemy vindicated and palliated,
696;
the several heads of discussion introduced in this debate
considered, 697;
what is a just and necessary war? 698;
what did an elevated fitness of character and conduct require of
this nation when war was declared? 699;
popular opinion was not against this war, 700;
impressment alone would have ultimately produced war, 700;
all public law, it is said, has denied the right of expatriation,
701;
bill passed, 702.
_See Index_, vols. 1, 2, 3.

AVERY, DANIEL, Representative from New York, 424, 577.

B

BACON, EZEKIEL, Representative from Massachusetts, 36, 124, 187, 315,
424, 578;
supports the resolution for immediate measures to liberate American
prisoners in Carthagena, 95;
offers a resolution relative to petitions respecting the
Presidential election in Massachusetts, 105;
on a vote of approbation of the conduct of the Executive, 127;
on Miranda's expedition, 144;
reports relative to challenges and duels, 191;
against the petition of Elizabeth Hamilton, 215;
on reduction of the navy, 244;
against the admission of Mississippi, 352;
on pay of the army, 582;
against encouragement to privateer captures, 704.
_See Index_, vol. 3.

BAYLY, MOUNTJOY, Sergeant-at-Arms to the Senate, 403.

BAINBRIDGE, WILLIAM, letter relative to the capture of the frigate
Java, 717.

BAKER, JOHN, Representative from Virginia, 425, 577;
on the location of a military academy, 531.

_Bank of the United States_, dividends on stock of, 188;
capital of branches, 188;
expenses and losses, 188;
report on, 216.

_Bank of the United States._--In the House, report on the memorial of
the stockholders of the United States' Bank, 215.

_In Senate._--Petition of the President and Directors for a renewal
of their charter, 252;
bill to incorporate the subscribers considered, 266;
moved to strike out the first section, in order to try the
principle, 266;
reasons of the committee for reporting the bill, 266;
Congress has power to pass such a bill, 266;
powers granted by the eighth section of the first article, 266;
the enumeration of certain powers excludes all other powers not
enumerated, this point examined, 267;
not true when applied to express grants of power, strictly
incidental to some original substantive power, 267;
subject examined, 267;
it is said Congress can exercise no power by implication, yet can
pass all laws necessary to carry the constitution into effect,
267;
the power to create the Supreme Court must be derived by
implication, 268;
explained by an example, 268;
according to the construction given to other parts of the
constitution, Congress has the right to incorporate a bank to
enable it to manage the fiscal concerns of the nation, 268;
the law to erect light-houses is not a law to regulate commerce,
269;
it is said the advocates of a bank differ among themselves in fixing
upon the general power to which the right to create a bank is
incidental, 269;
no man ventures to declare that a bank is not necessary, 270;
this is an apparent objection to the constitutional argument, 270;
the medium of State banks, 270;
the means by which the constitutional powers may be carried into
effect, may vary if the powers do not, 270;
the motion to strike out goes to the entire destruction of the bill,
271;
the usefulness of the present bank admitted, 271;
what is the state of the bank in this city, 271;
the conduct of the bank has been honorable, liberal, and impartial,
271;
in every instance where it possessed the ability, it has met the
wishes of the government, 271;
it is said these stockholders have enjoyed a boon for twenty years
from which all others have been excluded, 272;
it is impossible to devise any written system of Government which
after a lapse of time, extension of empire, &c. shall be able to
carry its own provisions into operation, hence the necessity of
implied or resulting powers, 272;
whence do you get the right to erect custom-houses, but as an
implied power, 272;
want of power to grant an act of incorporation has ever appeared the
most unsound and untenable objection, 272;
the situation of this bank on the expiration of its charter, and the
effects on the community consequent upon it, 273;
the amount of specie in the United States, 273;
effects which the dissolution of the bank will have on the revenue
and fiscal concerns of the country, 274;
will your money when collected be safe in the State banks? 274;
irksome to oppose a law which has been in existence twenty years,
and acquiesced in by the State and General Governments, 275;
it has been said, that it is the fashion to eulogize the
constitution, 275;
if it could be shown that there had been aberrations by Congress
from the enumerated powers of the constitution, would it be
correct to use those aberrations as precedents? 276;
the present constitution was adopted as a remedy for the
non-compliance of the States with the requisitions under the
Articles of Confederation, 277;
the present Government is in its nature and character a government
of enumerated powers, reserving all unenumerated to the State
Governments, or to the people, 277;
"to provide for the common defence and general welfare," explained,
277;
these terms contain no grant of power whatever, but are used to
express the ends or objects for which particular grants of power
were given, 278;
instances of aberrations from the enumerated powers examined, 278;
erection of light-houses, 278;
custom-houses, 278;
these two powers indispensably connected with and subservient to
particular enumerated powers, 278;
light-houses among the common, necessary, and proper means, for the
regulation of commerce, 279;
is the incorporation of a bank of this character? 279;
the defying manner of the arguments advanced in favor of the renewal
of the charter, has occasioned this debate, in order to avert
the passage of an unjustifiable law, 280;
it is said that this has been made a party question, although the
first law passed prior to the formation of parties, 280;
explanation, 280;
the pointed difference which has been made between the opinions and
instructions of State legislatures, and the opinions and details
of deputations from Philadelphia, 280;
the new and unconstitutional veto which this bill establishes, 281;
the vagrant power to erect a bank after having wandered throughout
the whole constitution, has been located on that provision which
authorizes Congress to lay and collect taxes, 281;
suppose the constitution had been silent as to an individual
department of this government, could you under the power to lay
and collect taxes, establish a judiciary? 281;
what is a corporation such as the bill contemplates? 282;
the States have the exclusive power to regulate contracts, 282;
what participation has this bank in the collection of the revenue?
282;
the operations of the Treasury Department may be as well conducted
without a bank as with one, 283;
the management of the landed system, 283;
it is said the construction given to the constitution has been
acquiesced in by all parties, 283;
when gentlemen attempt to carry this measure on the ground of
acquiescence, do they forget that we are not in Westminster
Hall? 284;
the doctrine of precedents applied to the Legislature, is fraught
with the most mischievous consequences, 284;
not empowered by the constitution, nor bound by any practice under
it to renew the charter to this bank, 284;
all power may perhaps be resolved into that of the purse, by whom is
it wielded? 284;
the Duke of Northumberland is said to be the most considerable
stockholder in the bank, 285;
the principle here involved is most important; it is no less than
whether we shall surrender to the State Governments the power of
collecting our revenue, and rely upon the old system of
requisitions, 285;
the bank has answered the most sanguine expectations of its authors,
285;
we are required to discard the lessons of experience, to try some
new scheme, 285;
we are to ruin many innocent and unoffending individuals, and
derange the finances, and for what? 286;
it is a contest between a few importing States, and the people of
the United States, 286;
it is a contest between the friends and enemies of the federal
constitution revived, 286;
if we yield to the States the collection of our revenue, what will
remain of our Federal Government? 286;
it will be a political fiction, 286;
hostility to the Union would prompt to join the hue and cry against
this institution, 286;
it is said that debate is useless on this question, 287;
to form a correct opinion we must retrospect the defects of the old
government, and ascertain the remedy which was anticipated in
the present constitution, 287;
the great cause of the inefficiency of the former was owing to its
dependence on the States for the means to carry its powers into
effect, 287;
the present constitution was framed with ample authority to pass all
laws necessary and proper for the attainment of its objects,
287;
erroneous impressions have arisen from ignorance of facts relative
to the practical fiscal operations of the government, 287;
the power to create a bank is not derived by implication, 287;
the Convention granted to the new Government in express and
unequivocal language, ample authority to use all the means
necessary and proper for the attainment of the ends for which it
was instituted, 287;
the question of constitutionality depends upon facts dehors the
instrument, 287;
if it be a fact that a bank is necessary and proper to effectuate
the legitimate powers of government, then our power is express,
and we need not resort to implication, 287;
endeavor to prove this to be a fact, 287;
the erection of a bank by the Congress of 1781, 287;
the opinion of General Hamilton, 288;
character of the Congress of 1781 stated, 288;
authority of Washington, 288;
the cry is, "down with the bank, huzzah for the party!" 288;
sound interpretation of the words "necessary and proper," 289;
those opposed to the bill, predicate their arguments upon the
probability that the State banks will answer, this is an
admission of the necessity, 289;
congeniality between a bank and the collection of our revenue, 289;
the repeated sanctions the bank has received from different
Administrations is strangely accounted for, 290;
whence was derived a power to pass a law, laying an embargo without
limitation, 290;
twelfth article of the amendments to the constitution considered,
290;
it is not pretended that our fiscal concerns could be managed with
gold and silver, 290;
if the bank is removed, the Secretary of the Treasury must
nationalize the bank paper of the great importing States, 291;
charges of British influence, 291;
the embarrassments at Philadelphia, it is said, could not have been
occasioned by the bank, 292;
Kentucky, I am only thine, 292;
former course of proceeding in regard to the principle of a bill and
its details, 292;
the course of the press on this subject, 292;
it is said, that this question is discussed on party grounds, 293;
a view of the beginning and operations of the bank, 293;
no democrat has been admitted as a director of this institution,
except in New York, 294;
petty mischievous intrigue for carrying measures through Congress,
294;
for what do merchants form a part of the bank deputies? 294;
what did mechanics here say relative to granting this charter? 294;
there is scarcely an evil which has not been attributed to the
embargo, and which is not now with as little justice attributed
to the non-renewal of the charter of the bank, 294;
if not renewed, difficult to obtain loans, it is said, 295;
instructions to Senators, their force discussed, 296;
a State has not a moral right to violate the constitution, and
cannot give it to her Legislature, nor the Legislature to the
Senator, 296;
the primary question is, whether the General Government when it
first came into operation, did not possess the power of creating
a National Bank, 296;
to answer this, let us inquire whether there was any possibility of
carrying into effect, with any tolerable convenience and
advantage, the several provisions of the constitution, unless
this power exists, 297;
it is admitted by all that the agency of a bank affords the greatest
facility and security of any plan that can be devised for the
collection of a revenue, and its transmission to the Treasury,
297;
other admissions stated, 297;
the consequence which follows from these admissions, 297;
if Congress once possessed this power, what has taken it away? 297;
to create this bank is said to be legislation by implication, 298;
it is said the corporation will be a monopoly, 298;
anticipated dangers of erecting corporations, 298;
a violation of the constitution, however solemnly sanctioned or long
endured, can never become right, 299;
difference in the present case, 299;
recapitulation, 299;
rule of construction in construing the constitution, when
legislating on enumerated powers, 300;
the authority to grant this charter is found in section seven,
clauses first, second, and last, 301;
meaning of the words "necessary and proper," 301;
great stress is laid on that amendment which says "all power not
expressly granted, shall be retained," &c., 301;
it is easy to prove that the broad grant given to Congress to
legislate for the District of Columbia, in all cases is
restricted and paled in by the constitution, 302;
this power to charter a bank is expressly granted, 302;
it is necessary and proper for carrying into effect another general
power to borrow money, 302;
no arguments yet advanced to prove that this power is an original
and substantive, and not a derivative or implied power, 303;
to determine if a measure is just and proper, we must consider
whether it has a just or useful relation to the end, 303;
of all depositories banks are the safest, 303;
it is asked, why not confine the duty of the bank to collecting the
public revenue? 303;
Congress are to devise means most sure and expeditious to borrow
money, 303;
the safety and facility of commercial operations are greatly
promoted by a general currency, 304;
it is said Washington doubted, 304;
objections offered by Mr. Jefferson, 304;
remarks of Hamilton, 304;
consequences of destroying the bank, 305;
distresses which will follow, 305;
answer to objections, 305, 306;
the prompt and secure collection of our revenue is principally owing
to the influence of the bank, 307;
other objections examined, 307;
objections to the construction of different clauses of the
constitution examined, 308;
it is said the history of the States will show that the bills of
credit specified in the constitution, were those only which were
a legal tender in the payment of debts, 309;
further debate, 310;
vote a tie, 311;
remarks of the Vice President, 311;
gives the casting vote against striking out the first section, 311.

_In the House._--Bill to renew the charter of the Bank of the United
States considered, 335;
moved to strike out the first section, 335;
motion intended to test the principle of the bill, 335;
Congress possesses no power to incorporate a bank, 335;
even if possessed, it is inexpedient to exercise it, 335;
ruin to the merchants and embarrassment to the government would not
be paramount to sustaining the several obligations of supporting
the constitution, 335;
reason of the construction given by various persons, 335;
this is in its nature obnoxious alarming in its tendency, and its
influence irresistible, 335;
parts of the constitution which bear any analogy to this subject
stated, 336;
does the establishment of a bank come within their meaning? 336;
it must be shown that the bank is necessary to the operations of the
government, that without its aid our fiscal concerns cannot be
managed, 337;
two things necessary to insure the stability of the
government--avoid every measure that will produce uneasiness
among the states or that will extend the jurisdiction of the
government to subjects purely local, 337;
has not the bank produced serious alarm? 337;
the abuse of the convenience of obtaining loans is more dreaded than
any other evil which will follow this measure, 338;
this is the most important subject upon which this Congress will be
required to act, 338;
connection subsisting between the agricultural and commercial
interests, 339;
enlightened legislators have entertained but one opinion on this
subject both in this country and Europe, 339;
utility of bonds cannot be doubted, 339;
prosperity of the country attributed to this active capital which
has excited industry, 340;
accommodations furnished by the bank, 340;
principal portion of the trade and business of the Union has been
conducted on a paper medium, 340;
put down this bank and how are your revenues to be collected, 340;
this is not the time or place to inquire whether banks are
beneficial or not to the nation, 341;
the section admitting of an increase of the capital stock a very
dangerous feature, 341;
the Articles of Confederation and the present constitution do not
differ as regards any power delegated by the states to Congress,
342;
interpretation of the constitution, 342;
experience shows that the decisions of Congress vary with the men
who compose that body, and cannot be cited as settling a
principle, 342.

This bill aims a deadly blow at some of the best principles of the
constitution, 343;
this bill assumes the exercise of legislative powers which belong
exclusively to the State Governments, 343;
one of the most serious dangers this government is threatened with,
is the tendency to produce collisions between State and Federal
authorities, 344;
the great line of demarcation between the powers of the two is well
understood, 344;
axioms laid down in discussing constitutional questions, 345;
sufficient to call upon the advocates of a bank to show its
constitutionality, 345;
argument of Hamilton, 345;
the federal government is said to be sovereign with regard to all
the objects for which that government was instituted, 345;
this is a petitio principii, 345;
it is said, the bank is an innocent institution, 346;
one of its most obvious and distinguished characteristics is that it
exempts the private property and persons of the stockholders,
346;
it authorizes the stockholders to take usurious interest, 346;
this bank incorporation possesses other qualities at war with the
laws of the several states, 346;
it is contended that the right to incorporate a bank is delegated to
Congress, and five or six different provisions of the
constitution are referred to as giving this right, 347;
the very circumstance of so many different heads of authority is
conclusive evidence that it has no very direct relation to any
of them, 347;
the "sweeping clause," 347;
Hamilton's mode of reasoning, 347;
it is contended that the right to incorporate a bank is included in
the power to lay and collect taxes, 347;
no man ought to complain of the weakness of a government whose
powers may be _reasoned up_ by logic like this, 347;
the constitution is not a mere designation of ends for which the
government was established, leaving to Congress a discretion as
to the means, 348;
it is contended that the right to incorporate a bank is implied in
the power to regulate trade between the states, 348;
it is said to be included in the power to borrow money, 348;
absurdities into which this doctrine of implication leads, 349;
it is said to be necessary to the regular and successful
administration of the finances, 349;
one or more state banks in almost every state, 349;
it is said, if the bank would be constitutional without the
existence of the state banks, it would be equally so with, 349;
question to strike out the first section carried, 350;
_note_, 350;
passage of the bill in the House, 350;
_note_, 351.
_See Index_, vols. 1, 2, 3.

_Bankrupt Act._--_See Index_, vol. 2.

BARD, DAVID, Representative from Pennsylvania, 36, 124, 187, 315, 424,
577.
_See Index_, vols. 2, 3.

BARKER, JOSEPH, Representative from Massachusetts, 36.

BARRY, WILLIAM T., Representative from Kentucky, 316;
on the admission of the Territory of Orleans as a State, 320.

BARTLETT, JOSIAH, Representative from New Hampshire, 424.

BASSETT, BURWELL, Representative from Virginia, 36, 125, 187, 315,
424, 577;
on the number of seamen in the naval service, 228;
urges reform in the expense of the navy, 231;
on reduction in the navy, 239, 244;
on the claim of Matthew Lyon, 426;
on encouragement of privateers, 581;
on prize money to the officers and crew of the Constitution, 593;
on the imprisonment of American seamen, 594, 595;
in favor of a naval establishment, 603;
on encouragement to privateer captures, 703;
on privateer pensions, 704.
_See Index_, vol. 3.

_Batture at New Orleans._--In Senate, memorial of Edward Livingston,
presented and referred, 118.

_In the House._--Resolution to refer the subject of title to the
Attorney General for him to collect testimony, &c., 148;
the true course is to give the parties the right of appeal from the
Orleans court to Supreme Court of the United States, 148;
important law points involved, 148;
the batture claimed is in the bed of the river, 148;
what could the Attorney General do in the case? 148;
what influence was his opinion to have? 148;
impossible to see how an individual having property, in which he was
put in possession in 1804, by a judicial decision, could be
dispossessed of it in 1807, 148;
this batture never was claimed as private property until after it
came into possession of the United States, 149;
nothing new to refer a subject to the head of a department, 149;
a constitutional difficulty in the case, 149;
has Congress the power to decide the validity of this claim? 149;
has Congress a right in order to determine the title to landed
property, to refer it to any tribunal whatever? 149;
admitting all this to be true, it does not apply to the present
case, 149;
the question is whether it is public property or not, 149;
question examined on the ground of the right of the citizen, 150;
if a citizen is put in possession of property by a decree of a
court, and afterwards dispossessed by military power, where
should he come if not to this House to claim redress? 150;
this claim should never be confounded with the Yazoo claim, 150;
the doctrine _nullum tempus occurrit reipublicæ_, is a dangerous
one, 150;
the present case stated, 151;
is there a precedent for this transaction? 151;
the President has not carried the law into effect, 151;
the act of 1807 contains two clauses bearing on the subject, 152;
if there has been any violation of right, it was in the passage of
the law under which the President acted, 152;
resolutions offered in the House, 191;
laid on the table, 192;
bill to provide means to ascertain the title considered, 223;
various amendments considered, 223.

BAYARD, JAMES A., Senator from Delaware, 26, 121, 176, 264, 403, 571;
reports to Senate a bill for a National Bank, 183;
moves an amendment to the bill to enable the President to take
possession of the country east of the Perdido, 313;
against the declaration of war, 418.
_See Index_, vols. 2, 3.

BAYLIES, WILLIAM, Representative from Massachusetts, 124.

BIBB, GEORGE M., Senator from Kentucky, 400, 570.

BIBB, WILLIAM W., Representative from Georgia, 36, 125, 188, 315, 425,
577;
on the ordinance of 1787, 42;
on the ordinance of 1787, 46;
on the bill relative to batture at New Orleans, 223;
on the admission of the territory of Orleans as a State, 320, 324;
on Indian affairs, 428;
on the British intrigues, 516, 519;
against the renewal of Whitney's patent right, 533;
on war taxes, 715.
_See Index_, vol. 3.

BIDWELL, BARNABAS, 437;
_note_, 437.
_See Index_, vol. 3.

BIGELOW, ABIJAH, Representative from Massachusetts, 317, 424, 577;
against the admission of Mississippi, 352;
on commercial intercourse with France and Great Britain, 386;
on imposing additional duties, 538.

_Bill to prevent abuse_ of privileges enjoyed by foreign ministers,
169.

BLACKLEDGE, WILLIAM, Representative from North Carolina, 36, 425, 577.
_See Index_, vol. 3.

BLAISDELL, DANIEL, Representative from New Hampshire, 124, 187, 316;
against the admission of Mississippi, 352;
on commercial intercourse with France and Great Britain, 377.

BLAKE, JOHN, jr., Representative from New York, 36.
_See Index_, vol. 3.

_Blank ballots, shall they be counted?_--In the House on election for
Speaker two blank ballots were cast, shall they be counted? 125;
blank pieces of paper cannot be considered as votes, 125;
instance, the election for President in 1801, 125;
is there to be a Speaker without an election? 125;
the committee report that no candidate has a majority, 125;
the Speaker may become President and preside over the destinies of
the nation, 125;
no analogy with the Presidential election, 125;
establish such a precedent, and it may put an end to this
government, founded on the principle that the majority shall
govern, 125;
motion for a new ballot carried, 125.

BLEECKER, HARMANUS, Representative from New York, 424, 577;
on imposing additional duties, 540;
against the embargo bill, 550;
on the objects of the war, 644.

BLOUNT, THOMAS, Representative from North Carolina, 36, 425;
on a quartermaster's department, 477.
_See Index_, vols. 1, 2, 3.

BOONE, DANIEL, petition of, 707.

BOYD, ADAM, Representative from New Jersey, 36, 124, 187, 315, 424,
577;
on the batture at New Orleans, 149;
supports petition of Elizabeth Hamilton, 215;
on the reduction of the navy, 242;
on foreign relations, 460;
on the bill laying an embargo, 544, 545;
on an additional military force, 626.
_See Index_, vol. 3.

BOYLE, JOHN, Representative from Kentucky, 46.
_See Index_, vol. 3.

BRADLEY, STEPHEN R., Senator from Vermont, 3, 118, 166, 250, 400, 576;
appointed President _pro tem._ of the Senate, 26;
on a recess of Congress, 412.
_See Index_, vols. 1, 2, 3.

_Breach of Privilege._--Report of committee relative to the letter of
I. A. Coles, 204.
_See Index_, vol. 2.

BRECKENRIDGE, JAMES, Representative from Virginia, 125, 187, 315, 424,
579.

BRENT, RICHARD, Senator from Virginia, 33, 118, 168, 252, 400, 570;
on a Bank of the United States, 295.

_Bribery._--_See Index_, vol. 1.

_Brigadier Generals additional._--In the House the bill to authorize
the President to appoint additional brigadier generals
considered, 551;
if these officers are intended to command the militia the bill
should not pass, 551;
Governors of States better acquainted with qualifications of the
militia officers than the President, 551;
what spirit can be in the people to submit to this? 551;
no necessity of more generals for the regulars, 551;
if this bill passes our government will be as bad as that of Great
Britain before the revolution, 551.

BRIGHAM, ELIJAH, Representative from Massachusetts, 424, 577;
on rules and orders of the House, 471;
on imposing additional duties, 541;
on an additional military force, 621.

_British Intrigues._--Message from the President to Congress, with
certain documents, showing that through the British Minister a
secret agent was employed in certain of the States, fomenting
disaffection to the authorities, and in intrigues to the
disaffected, 506;
letter of Mr. Henry to Mr. Monroe, with the documents, 506;
letter of the Secretary of the Governor of the British provinces to
Mr. Henry, employing him as a secret agent, 506;
letter of general instructions to Henry by is employer, 507;
credential of Henry, 507;
answer to the Secretary accepting the employment, 507;
answer to the letter of instructions, 508;
letters of Henry to the Governor General, from Burlington, Windsor,
Amherst, and Boston and Montreal, 513;
letter of Mr. Henry to Mr. Peel, with a memorial to Lord Liverpool,
for compensation for services rendered, 514;
letter of Mr. Peel, containing the answer to the memorial, 514;
report of Secretary of State, relative to persons connected with
Henry, 515.

Motion to print, 515;
protest against attributing the sentiments expressed in these
letters as belonging to the Federalists, to citizens of
Connecticut, 515;
no confidence in the statements, 516;
a full investigation ought to be had, 516;
the papers are honorable testimony in favor of the eastern section
of the Union, 516;
what is the fact, 516;
serious consideration should be given before such gross abuse of any
section is published, 517;
papers calculated merely to put the people on their guard against
emissaries, 517;
they show the deep hostility of this foreign power to our
government, 517;
British Ministers have at some periods of their lives been employed
on such business, 517;
extracts from letters of Mr. Erskine, 517;
a division of the Union is not a new subject, 518;
these documents will exhibit to the American people what sort of a
nation we have to deal with, 518;
is the information useful to us, 518;
the subject should be followed up with a full and prompt
examination, 518;
no difference of opinion in supporting the integrity of the Union,
519;
motion to print agreed to, 519;
Mr. Henry has done service to this country by this communication,
and ought to be protected, 519;
question referred to the committee on foreign relations, with
authority to send for persons and papers, 519;
letter from the British Minister disclaiming all knowledge of John
Henry's asserted mission, 522;
report from the committee on foreign relations relative to these
disclosures, 524;
_note_, 525.

_British Minister, conduct of_, in the Senate, resolutions relative
to, reported, 169;
bill relating to privileges of foreign ministers also reported, 169;
resolutions approving the conduct of the Executive, in refusing to
hold any further communication with Mr. Jackson, considered,
169;
peculiarities of our Government, 170;
the refusal of the Executive may lead to war, yet Congress alone has
power to declare war, 170;
Congress should express its opinion on the act of the Executive,
170;
this is due to the people, 170;
it is due to the Executive, 170;
will the President have the co-operation of Congress? 170;
it is of national importance that the will of Congress should be
expressed, 171;
would the conduct of Great Britain be very different under these
different conditions of the people and the government, 171;
did any people ever gain any thing by dissensions? 171;
never wrong to join the standard of your country in a war with
foreign nations, 171;
are the facts stated in the resolution supported by the
correspondence? 172;
letter of Mr. Jackson, 172;
what does it amount to? 172;
the insult is gross and outrageous, 173;
other expressions examined, 173, 174;
Canning's course, 174;
if the facts are justified by the correspondence, what can prevent
unanimity on the present occasion? 175;
ordered to third reading, 176;
passed, 176.

_In the House._--An important paper headed "Circular," has not been
communicated to Congress, 192;
resolution, calling on the President for a copy, 192;
despatch of Mr. Canning also called for, 192;
improper to call upon the President for that which cannot be
officially in his possession, 192;
a copy in Secretary's office, 192;
motion carried, 192;
other papers called for, 192;
"Circular" of Mr. Jackson, 193.

The first question involves the veracity and dignity of the American
Government, and the reputation of a British Envoy, and in some
degree the British Ministry, 193;
origin of the mission from Great Britain to the United States, 193;
what were the circumstances which characterized its progress and
termination? 194;
if such were the circumstances, does not the occasion require that
the American Government take a firm and decided stand? 195;
the present is no time for causeless crimination of our Government,
195;
the terms offered to us are not honorable and reciprocal, 195;
the resolution is rendered peculiarly important by the occasion,
195;
there is more than a presumption that Mr. Erskine had the power to
enter into the arrangement he made, 195;
what did the President know of his powers? 196;
did he know that Mr. Erskine had not full power? 196;
it was not his duty to know that he had not full powers? 197.