APRIL, 1808.]

[H. OF R.

Five o'clock, P. M.

Non-Importation.

The bill from the Senate to authorize the President, under certain contingencies, to suspend the non-importation law, having been called up, and a motion having been made to postpone it indefinitely,

Mr. NEWTON begged the House to consider one moment before they postponed this bill. They had already passed a law authorizing the President of the United States to suspend the operation of the embargo law, in the event of a general peace, or such accommodation to neutrals as should render the commerce of the United States safe. Now, in the event of that law being suspended, it might also be proper to suspend this.

Mr. NELSON said he should never vote for the repeal or suspension of this law. He hoped to see the time when it should become a permanent regulation; he would not yield to any of the powers of Europe, and he wished to be independent of them. There were many things now imported from Europe which could as well be made in our own country. If they could be as well made, he considered it sound policy to give a preference to our own manufactures, and so far to prohibit theirs as to effect a preference of our own. Whether in this principle I am right or wrong, said he, I am certainly right in this: That at this late period of the session it is impossible to discuss such a question as this, and therefore I wish the motion to prevail.

Mr. BURWELL said he would add but a single observation to those of the gentlemen just sat down. He was in favor of postponing the bill indefinitely, because he wished it to be understood that we have a right to make all regulations we please respecting our commerce, or trade, or aught else, without consulting the dispositions of any power whatever. He wished it to be understood here and elsewhere, and therefore he was in favor of postponement of this bill.

Mr. MARION said he was one of those who originally voted for the non-importation law, and he had never repented his vote; but he voted for it under a firm persuasion that it would go into operation. It had been afterwards suspended because there was a negotiation pending and a prospect of accommodation; but if it were the determination never to suffer it to go into operation, he had much rather see it repealed. If it were to be kept in suspension, hung up like a rod in terrorem, it would merit ridicule. What cause could there be for suspending it at present? Any negotiation pending? He believed not. If it were the understanding of a majority that the bill should not go into

Mr. EPPES said it appeared that the question of suspension of the non-importation act was very different from that of a suspension of the embargo. The former was a measure of coercion on Great Britain, and whether it had that effect or not, he believed at the time the law was passed that the only way which we could operate on that power was by commercial restrictions; and he felt now free to declare, that if ample reparation were made for the outrage on the Chesapeake, if the decrees were withdrawn and every injury redressed, that he would hold on upon the non-importation act so long as the impressment of our seamen remained. Whenever you take off this, said he, you have nothing to enforce your rights as to impressment, nor as to that system of commercial pillage which has been adopted by Great Britain. We know that the embargo was imposed as a measure of safety. It was to give us time to make preparation to meet the event. If the decrees which produced the embargo are withdrawn, the embargo may be withdrawn with propriety. But let me ask any gentleman whether he believes that any circumstances which produced the non-importation act will be removed? Whether they believe that Great Britain will give up her system of impressing seamen? If he does, let him look at the course she has adopted. After appointing a Minister to negotiate with you, she has issued a proclamation, establishing the right of impressment on its broadest footing. Shortly after, it was declared by the King, at the opening of Parliament, to be one of those rights which never could nor ever would be admitted. I was originally in favor of the nonimportation law, and I am still so. If gentlemen take into consideration all the circumstances which produced the law, I will venture to say that there is not a man in the House originally in favor of it who can now vote for its suspension. It has never yet been fairly in operation. It is now indeed a law of the land, but its operation is virtually suspended by the embargo. I am in favor of its going into operation, and never will consent to its suspension till its intended effect be fulfilled, or the experiment is made.

The question of indefinite postponement was carried-58 to 29.

Home Manufactures.

Mr. BIBB said, that notwithstanding the difference of opinion which had taken place occasionally between the members of this House during the present session, on questions of policy, he was pleased to perceive that no difference of sentiment existed in regard to the injuries done us by foreign nations. He believed that but one spirit actuated the people of the United States-that they were attached to their country, and to their country alone. He wished not only by professions, but by practice, to show foreign nations that we can live with

710

H. OF R.]

[APRIL, 1808.

Resolved, That the members of the House of Representatives will appear at their next meeting clothed in the manufactures of their own country.

Mr. MACON would never agree to a resolution which they could not enforce. Congress have nothing to do with this subject. He could not conceive what effect this resolution could have. If it was intended as a pledge, he was not willing to give it ; if to have force, he denied their authority to enforce it.

Mr. RHEA said, if the House adopted the resolution, he should pay no regard to it. He would appear in what clothing he chose, this resolution to the contrary notwithstanding.

Mr. EPPES admitted that the resolution could have no force; it was intended to express the feelings of the House. He should rejoice to see every member of the House and every man in the nation, clothed entirely in the manufactures of this country. It would establish an independence of the best kind. The proposition was a valuable one, and he wished to God that the ladies could be placed in a situation to adopt a similar resolution. If he were to appear in the manufactures of his own State, he must be confined to a homely garb; but if the resolution passed, he would, before the next season, have cloth manufactured for his use in his own family. Mr. E. calculated that a million of men in the United States wore broadcloth coats, and if they were all manufactured in this country the saving would be immense.

Mr. MACON did not conceive it fair that those who like him had no wives at home to make them coats, should not only be reproached for their misfortune, but pointed at as sinners. He had during this session bought himself a suit, but he was not able to obtain American manufacture. His friend from Maryland (Mr. NELSON) had procured him a hat, and that was all that he could obtain of American manufacture.

subject he did not believe that the gentleman from Virginia, (Mr. EPPES,) fond as he is of the ladies, would persuade one in the House, or in the nation, to agree to such a resolution. Had I a wife, I should be willing to see her dressed to her own satisfaction. The ladies have a right to dress as they please, and he did not care who knew it. The gentleman from Virginia reminded him of a neighbor who used often to say, O, how rich we might be, if it was not for the expense of eating and clothing!

Mr. BIBB said he had hoped that the resolution would be at once adopted unanimously. He did not wish to provoke debate, and therefore withdrew his resolution.

Adjournment.

Mr. G. W. CAMPBELL, from the committee appointed on the part of this House, jointly with a committee appointed on the part of the Senate, to wait on the President of the United States and inform him of the proposed adjournment of Congress, reported that the committee had performed that service, and that the President had signified to them that he had no further communication to make to Congress during the present session.

A message from the Senate informed the House that the Senate, having completed the legislative business before them, are now ready to adjourn.

Ordered, That a message be sent to the Senate to acquaint them that this House, having finished the business before them, are now about to adjourn until the day appointed by law for the next meeting of Congress; and that the Clerk of this House do go with the said message.

The Clerk accordingly went with the said message, and, being returned, Mr. SPEAKER adjourned the House until the first Monday in November next.

Act, Embargo, the, 641.

ADAIR, JOHN, Senator from Kentucky, 848; on British ag-
gressions on our commerce, 858.

ADAMS, JOHN QUINCY, Senator from Massachusetts, 6, 163,
845, 485, 547; for the issue of stock for the purchase of
Louisiana, 18; on the amendment to the constitution
relative to the election of President, 25; opposes remov-
al of seat of Government, 46, 47; on suspending inter-
course with St. Domingo, 349; on the bill to prevent the
abuse of the privileges of foreign ministers, 364; on the
bill for the relief of the ex-Bashaw of Tripoli, 372; on
order of proceedings in the case of John Smith, 554; on
the expulsion of Senator John Smith, 573; on amend-
ment to the constitution relative to the removal of the
Federal Judges, 607.

Address of Senate and House, in answer to President's
Messages.-See Index, vols. 1 and 2.

Admirals in the Navy.-See Index, vol. 2.
Admissions on the Floor of the Senate, considered, 89.
African Slavery, petition of Thomas Morris relative to, 166.
See Index, vols. 1 and 2.

African Slaves.-See Index, vols. 1 and 2.
ALEXANDER, EVAN, Representative from North Carolina,
413, 613.

ALEXANDER, NATHANIEL, Representative from North Caro-
lina, 50, 297.

Algerine War.-See Index, vol. 1.

Alien and Sedition Laws.-See Index, vol. 2, Seditious
Practices and Defensive Measures.
Allegiance, Foreign.-See Index, vol. 1.
ALSTON, WILLIS, jr., Representative from North Carolina,
50, 285, 877, 493, 618; on the postponement of the bill to
tax imported slaves, 141; on laying a duty on imported
slaves, 387; on the payment of witnesses on the trial of
Chase, 410; on importations from Great Britain, 464;
on a plurality of offices in the same person, 468; on con-
ference with the Senate relative to a repeal of the duties
on salt, 482, 484; on the appropriation to build gun-
boats, 518; on securing the privilege of the habeas cor-
pus, 538; on British aggressions, 617; on inquiring into
the conduct of General Wilkinson, 645. See Index,
vol. 2.
ALSTON, LEMUEL J., jr., Representative from South Carolina,
618.
Amendment to the Constitution.-Proposed in the Senate,

6: necessity of designating the persons severally, whom
the people should wish to hold the offices of President
and Vice President, 6; strongly recommended by State
Legislatures, 6; note, 6; are three readings of a resolu-
tion required by the rules of the Senate? 6; opinions of
Senators asked, 7; resolutions requiring the joint action
of both Houses required to take the same course as bills,
7; this resolution proposes an alteration of the supreme

law of the land, 7; amendments offered to the form and
substance of the resolution, requiring a majority of votes
of electors necessary to a choice of Vice President, and
when wanting, referring his election to the Senate, 7;
amendment proposed, that no person serve more than
eight years, or more than four in any period of eight
years, 7; moved to refer to a select committee, 7; sub-
ject too important to be hurried, 7; the business should
be immediately proceeded with, 7; amendments carried
and resolution referred, 7; committee report, 7; moved
to strike out all relating to the appointment of Vice
President, 7; object of the mover to put off the main
question, 8; custom of some to arraign motives instead
of meeting arguments, 8; charge of arraigning motives
totally unfounded, 8; if this motion is considered it may
jeopard the amendment for discrimination, as two-thirds
of the State Legislatures will be in session in two or
three months, 8; postponement moved, 8; lost, 8; re-
port of the committee further considered, 21; question
of order raised relative to a two-thirds vote, 21; motion
to strike out all relating to the Vice President, lost, 21;
various amendments adopted, 21; discussion on limiting
the choice for President to natural-born citizens, 21; dis-
cussion on limiting the number from which the House
shall choose a President, to three, 22; a point of impor-
tance to the small States, 22; the small States have no
reason for any apprehension, 22; the number five desir-
able, 22; design of the constitution to secure a competi-
tion to the aspirant for the office, 23; this general amend-
ment of the constitution unnecessary, 23; present mode
may be the source of great good, 23; amendment read,
23; the Vice President should be chosen by the same
ratio of numbers as the President, 23; he may by some
casualty become President, 23; adopt the designating
principle without some precautions, and you lose the as-
surance that the Vice President will be the second man
in the nation, 24; if we designate any, then designate
both President and Vice President, and on equal terms,
24; the number three is large enough, if the candidates
are designated, 24; is not the constitution susceptible of
correction under experience? 24; reason for adopting
the number three instead of five, 25; this is really a
question between great and small States, 25; in the old
Congress the States were all equal, 25; the amendment
calculated to produce more good than evil, 25; by re-
ducing the number do you not attack the principles of
the federative compact? 26; object of the amendment
to make the election more certain by the people, by
leaving it to them to designate the persons they prefer-
red for each office, 26; the jealousy of States is nothing
but the leaven of the old Congress, 26; why is no regard
paid to the experience of the last election? 27; the most
effectual mode to keep the selection out of the House is
to fix it on the number three, 27; three conforms more
to the spirit of the constitution than five, 27; the num-

ber three adopted, 27; reasons for opposing this amendment of the constitution, 27; the constitution bears marks of having been issued under the influence of State classifications, 27; effect of this amendment when two rival parties are arrayed against each other, 28; what inconvenience is there in the present mode? 28; the experiment has worked well, 28; importance of the Vice Presidency, 28; operation of the designating principle examined, 29; how amendments must be made, 29; this amendment affects the relative interest and importance of the smaller States, 80; it has a tendency to render the Vice Presidency less respectable, 80; the resolution contains principles which have a manifest tendency to deprive the small States of an important right, secured to them by a solemn and constitutional compact, and to vest an overwhelming power in the great States, 80; imperfections of man, 80; attempt to excite the attention, the vigilance, and even the jealousy of the small States, against the large, 31; constitution examined to place in its proper light the operation and effects of the resolution, 31; Madison on the mode of electing President, 32; what is the direct object of the proposed alteration in the choice of President, 32; intention of the plan adopted by the constitution for choosing a President, 88; the opposition to this discriminating amendment is condensed into a single stratagem, namely, an effort to excite the passion of jealousy in various forms, 38; two principles sustain the constitution-a majority of the people, and a majority of States, 84; these principles considered, 84; view under which the amendment should be considered, 34; is the amendment calculated or not to cause the popular principle to | operate perfectly, and to prevent the abuse of an election by a minority, 85; does the amendment afford cause of jealousy to the smaller States, 35; instance of a government, the substance of the constitution of which is destroyed, but the form remains unaltered, 85; solution of this effect, 85; the design of the amendment is to bestow on the majority a power to elect a Vice President, 86; question carried, 87; not decided fairly, 87; two-thirds of the whole number elected are required, 87; amendment as adopted, 87; further amendment considered, 88; lost, 38.

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

Relative to the removal of Federal Judges, resolutions offered, 841; referred to Committee of the Whole, 341; postponed to next session, 341; moved in the House, 413; postponement moved, 414; reasons against postponement, 414; an important means of bringing the administration back to the principles on which it came into power, 414; note, 414; history of corruptions, 415; causes of the delay in the business of the House, 415; a subject of last importance to the peace and happiness of the United States, 415; part of the constitution relat

ing to the power of impeachment a nullity, 415; note, 415; reasons for postponement, 416; reasons against postponement, 416; postponement indefinite lost, 417.

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

AMY DARDIN's claim, report on considered in the House, 82; report not agreed to, 82; moved to grant the prayer of the petitioner, 82; carried in committee, 82; amendment moved in the House, 82; committee instructed to bring in a bill, 82; motion to take up the bill, 85; move to postpone, in order ultimately to test the sense of Congress on repealing the statutes of limitation, 85; motion lost, 85; bill amended, so as to allow $2,500 for the horse Romulus, 85; the $2,500 negatived, 85; $2,800 adopted, 85; bill ordered to third reading, 85; bill lost, 85; petition of referred, 802; bill reported and read twice, 340. See Index, vols. 1 and 2.

ANDERSON, ISAAC, Representative from Pennsylvania, 50, 285, 877, 493.

ANDERSON, JOSEPH, Senator from Tennessee, 8, 165, 346, 547; favors temporary removal of seat of government, 46; further remarks, 47; elected President pro tem, of Senate, 169; on British aggressions on our commerce, 356; on expelling Senator John Smith, 598. See Inder, vol 2. Appropriations, Naval, bill making for the year 1806 considered in the House, 474; moved to strike out the words "and other contingent expenses," 474; note, 474; what objects intended to be provided for under this term, 474; this bill mere form, the money might be appropriated in the lump, 474; expenditure the same, 474; motion to strike out, lost, 474; annual expenditures for the navy, 475; further debate, 475; bill ordered to third reading, 476; moved to recommit, 478; passed, 478; impor tance of circumscribing contingencies, 478 time to check this loose proceeding, 478; bill reported, 478. Appropriations.-See Index, vols. 1 and 2. ARCHER, JOHN, Representative from Maryland, 52, 285, 878. See Index, vol. 2.

Arms, exportation of, amendments to bill relative to, 380 ARMSTRONG, JOHN, Senator from New York, 88, 44. Army.-See Index, vols. 1 and 2.

Army Uniforms, petition of Andrew Jackson relative to, 167.

B

BACON, EZEKIEL, Representative from Massachusetts, 614; on inquiry into the conduct of Gen. Wilkinson, 648. BAILEY, THEODORE, Senator from New York, 8; resigns his seat in the Senate, 89. See Index, vols. 1 and 2. BALDWIN, ABRAHAM, Senator from Georgia, 8, 163, 845, 485. See Index, vols. 1 and 2.

BALDWIN, SIMEON, Representative from Connecticut, 79, 255.
Bank of the United States, memorial of stockholders, 611.
Bank of the United States.-See Index, vol. I.
Bankrupt Act, vote on the bill to repeal in Senate, 88; bill
to repeal, as passed by the Senate, 88.

In House.-Resolution to repeal considered, 79; no remonstrance hostile to it has been received, 79: law expires by its own limitation in a few years, 79; princi ple unjust, as it favors one class of citizens at the expense of all others, 79; the preferable system was that of the States extending relief to insolvents, 79; its par tial operation has a most mischievous influence on the morals of the mercantile world, 79; the principle in

1

equitable as regards debtor and creditor, 79; while justice and humanity dictates the liberation of the body of the debtor, justice forbids the exoneration of property from going to satisfy debts, 80; the principle of the law, however good in theory, can never be carried into effect, 80; the expenses are an objection to the system, 80; note, 80; the honest, though unfortunate, debtor has nothing to fear from his creditors, 80; the public silence indicates neither hostility nor opposition, 80; true policy to suffer the act to expire by its own limitation, 81; general sentiment of the nation concurs in the propriety of affording some relief to the distresses of the commercial world, 81; if the exoneration of property from just debts is a violation of justice, this does not hold in commercial concerns, 81; credit is the life of trade, 81; the principles of a bankrupt law do not operate in favor of the debtor, 81; such a system multiplies checks against fraud, 81; one object of the constitution in granting the power, was the establishment of credit upon broad principles of justice, 81; report of committee agreed to, 82; amendment extending the period of removal moved, 82; amendment directing the completion of all proceedings under commissions taken out previous to repeal, 82. Bankruptcy.-See Index, vol. 2.

BARBARY POWERS, protection of commerce against, see Duties on Imports.

BARD, DAVID, Representative from Pennsylvania, 50, 285,

877, 493, 612; on a tax on imported slaves, 96; on the importation of slaves, 180. See Index, vol. 2. BARKER, JOSIAH, Representative from Massachusetts, 877, 493, 612.

BARNEY, JOSHUA, report on petition of, 615.

BASSETT, BURWELL, Representative from Virginia, 877, 498,

613; to prohibit members of Congress from making contracts with the Government, 659.

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

BAYARD, JAMES A., Senator from Delaware, 165, 353, 487, 552; on British aggressions on our commerce, 857. See Index, vol. 2.

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

BECKLEY, JOHN, chosen Clerk of the House, 51, 878. See Index, vols. 1 and 2.

BEDINGER, GEORGE M., Representative from Kentucky, 50, 285, 878, 493; on a tax on imported slaves, 130, 132, 140. BEDFORD, GUNNING, his testimony for the defence on the trial of Judge Chase, 225.

BENTLEY, WM., appointed Chaplain by the House, 164. BETTON, SILAS, Representative from New Hampshire, 50, 285, 877, 493.

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

BIDWELL, BARNABAS, Representative from Massachusetts,

877, 493; offers a resolution to present a sword to Gen. Eaton, 380, 881; on the presentation of a sword to Gen. Eaton, 382; on discharging committee from consideration of invasion of neutral rights, 894; on a plurality of offices in the same person, 471; on the importation of slaves, 494, 495, 497; on the suspension of the Habeas Corpus, 510; on securing the privilege of the Habeas Corpus, 525, 535. Bills, in Senate, to authorize President to take possession of territory ceded by France, 6; second reading of do., 7; ordered to third reading, 8; passed, 8.

Bills, Money.-See Index, vol. 1.

BISHOP, PHANUEL, Representative from Massachusetts, 50, 287, 877, 497. See Index, vol. 2.

BLACK LEDGE, WILLIAM, Representative from North Carolina, 50, 285, 613.

BLAKE, JOHN, Jr., Representative from New York, 877, 498,

612.

BLOUNT, THOMAS, Representative from North Carolina, 878, 613; on post roads, 542; reports relative to the attack on the Chesapeake, 616; further report relative to British aggressions, 621; on building gunboats, 626, 628. See Index, vols. 1 and 2.

BONAPARTE's proclamation to the inhabitants of St. Domingo, 862.

BONDE, THOMAS, Representative from Pennsylvania. See Index, vol. 2.

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

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

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

BOYLE, JOHN, Representative from Kentucky, 50, 285, 880, 493; on the resolution relative to public roads, 84; on the government of Louisiana, 148; reports relative to canal at the Rapids of the Ohio, 465.

BRADLEY, STEPHEN R., Senator from Vermont, 8, 163, 345, 485, 547; offers amendments to the resolution relative to amendments of the constitution, 7; moves to strike out part of the proposed amendment to the constitution, 28; further remarks, 24. See Index, vols. 1 and 2. Breach of Privilege.-See Index, vol. 2. Breckenridge, JOHN, Senator from Kentucky, 8, 165; gives notice for leave to bring in a bill to authorize President to take possession of territories ceded by France, 6; asks leave, 6; reports on amendments of the House to Senate's bill authorizing the President to take possession of Louisiana, 8; on the merits of the Louisiana treaty, 16. See Index, vol. 2.

Bribery.-See Index, vol. 1.

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

Bridge over the Potomac, bill postponed, 374. See Potomac Bridge.

British Aggressions on our Commerce, message from the President relative to, in Senate, 353; report of the committee on the message considered, 855; first resolution passed, 855.

Second resolution relative to a demand for the restoration of property, &c., and to make arrangements relative to the impressment of seamen considered, 855; impropriety of agreeing to the resolution arising from all the circumstances of the case, 356; this resolution predicated on the principle of the first, which passed unanimously, 356; language of the resolution not too strong, 356; the principle of the resolution considered, 357; the resolution shelters the Executive from the responsibility which ought to attach to its measures, 357; it demonstrates the union of the different branches of the Government on the subject, 357; the resolution will bear the character of advice to the President, 857; we should reflect upon this step, 357; object of the resolution, 358; motion to recommit to a special committée, 858; objections to the resolution in its present shape, 358; motion to recommit lost, 858; it becomes the Senate to take stronger ground and adopt vigorous measures before requesting the President to negotiate, 359; negotiation not exhausted, 359; two objections made to the resolution, a censure upon the President, and a sacrifice of the honor and interests of the United States, 359; these considered, 359; resolution carried, 359.

Third resolution considered, 869; the first resolution is a declaration of our neutral rights, the second requests the President to send a special Minister to England, &c., the third proposes to prohibit the importation of certain British goods, unless redress is obtained, 369; it is designed to aid negotiation, 369; Great Britain prohibits