MARCH, 1801. Secretary of the Navy. H. OF R. men? The amount of their actual payments at chant and continuing in that occupation for ten the custom-house and their general conduct, he years, is a merchant for life; for let him leave off thought, fully evinced the honor and the honesty pursuits at any period, there must of necessity reof that class of men, and proved them worthy to main very much unfinished business, which, if he be entrusted, as well as other citizens, with offices studies his own interest, must be attended to. Sir, of trust. But did the gentleman suppose his pro- trammel not your President in his choice; let him position would effect this end? If so, he was mis- have the liberty of choosing men of honor and taken; for if a man entrusted with public proper- integrity, and you need not fear a derogation from ty, choose to use it speculation or in commerce, those principles more than from men of indewhat was to prevent him, whether merchant or pendence. This new principle in legislation I am not? Other means could be found than those not for adopting. I never can deviate from those which every one could discover. He hoped the principles under which our happy Government amendment and the law itself would be negatived. has so long flourished. I am advocating princiMr. CHRISTIE moved to postpone it till fifty ples, and giving to the President of the United minutes past 11 o'clock; which was not carried. States the same power, the same freedom of selecMr. LIVINGSTON said he had attended in vain to tion, I would have given four years ago, although hear any distinction drawn between the Secretary the gentleman who fills that high office is not the of the Navy and those of the State and War De- same. Commercial men, sir, are the most compartments. To that difference only the argu-petent for the office of Secretary of the Navy, ments ought to have gone, for no further did his because most acquainted with the foreign relamotion go; but gentlemen had argued against the tions and concerns of our country. Preclude comwhole principle of the bill. The argument of mercial men from being selected, and you prethe motion implying distrust might have had clude those the most qualified. some weight as the bill stood before, but to include the heads of all the departments was a sufficient answer. It was not upon grounds of distrust that he made his motion; it was upon the wide, incontrovertible principle, that when a man is taken to fill either of those great departments, the country has a right to his whole time and his whole attention, that the motion was made. What, he would ask the gentleman last up, could have induced him to suppose that the merchant alone was pointed out as an object of distrust? Mr. L. declared he distrusted no particular set of men, but what figure would a merchant or a tradesman make at the head of either of these departments? The principle was incontrovertible, that nothing ought to interfere to divert attention from the public concerns of a high office. This was not a paltry question between the merchant and the lawyer. No more should a Judge of the United States be drawn from his studies or his bench by any other avocation he might wish to possess for lucre than should a Secretary from his office. Mr. L. would further observe, that it was not from any misconduct of this kind which he had observed in those who had filled public offices. He rather wondered that it had not long ere now been introduced as a just principle in the management of public concerns. It was from this view he wished to introduce it; and how the reasons for the bill, without the amendment, could be supported, he could not conceive. Mr. H. LEE contended that the President of the United States was to take his Cabinet from among the people of the United States, and ought not to be prohibited from selecting such men as he thought fit to fill the offices with credit to themselves and to the nation. Sir, when I see the President made the agent of these two Houses, and restricted by them, I see that high officer prostrate at your feet, and the liberties of the people gone! If gentlemen tell me that the President has yet his selection because the gentlemen may quit their business, I deny it. I say that a man, once become a mer Mr. LIVINGSTON explained the motives of his conduct. He wished to preserve that system of conduct which he always had advocated; he wished to give to the Executive that direction and limitation he had always desired to do. It was always his opinion, and continued to be so, that if all men were honest there would be no occasion for laws; if all men were honest there would be no occasion for that House to sit to make them, and therefore they might go home and never return. But this was not the case; while there were men, there must be laws, and strict laws, to keep men to their duty. Mr. H. LEE having obtained leave to speak again, further contended against the principle of the bill and amendments, and hoped the House would not place the President in such a subaltern situation as this measure would place him in, and snatch from him a prerogative his situation demanded. Mr. CHAMPLIN was surprised that the gentleman from New York, a representative of a commercial city, should advocate such principles. He conceived it to be a question of confidence in the President of the United States, and perhaps would be of some weight, if that officer had not the power of removing the Secretaries of the different departments whenever he should think them unworthy of public confidence; or whenever they should use the public money to private purposes; or whenever they should neglect their business. This was certainly a very different case from that of a Judge, who could not be removed except upon misconduct, which could only be known by impeachment. He opposed the bill and the amendment, because it was an intrusion upon Executive privilege; because it must go to wound the officers who had been and are now employed; because it must go to prevent that selection of men whose talents and integrity may be most calculated for the general interest of the Union; and most of all, because it went to wound the Navy of the United States, whose well government and regulation depended very much upon the talents of the character who was placed at the head of that department; it was not because it affected this or that merchant or tradesman. He wished to see a man of property; a man of commercial knowledge; a man of experience; and a man who was attached to the Navy, at the head of that department. By this bill a man in that situation must be prohibited from placing his money in the public funds; from dealing in public lands; from putting it in commerce, or from using it in trade of any kind. Now, what was a man of large property to do with his money? It could not be supposed that men of large capital, or men of business, or men of experience, would accept an appointment under the limitations to which they must subject themselves. Mr. MACON hoped the amendment would be agreed to, and the bill pass. He supposed the bill must have originated in the Senate, either from past experience, or from the intrinsic necessity of such a preventive to what might produce a public fraud, by public money being used to speculate for private advantage. Man is man wherever he is placed, and to guard against his frailties is wise legislation. He wished to confide the money of the people to no man further than was necessary. Mr. S. SMITH answered, that it would be impossible, by any measure of this kind, to make a dishonest man act with integrity. It must be to the honor and honesty of the man the public property must be confided. He produced an instance of speculation in a public officer, who was entrusted with the good of the community; but it was not the act of a merchant, he said; and not from merchants, nor from any particular description of men, but men devoid of principle, evils were to be expected. On the contrary, integrity and honesty alone could insure the right use of a public confidence. On the question, the amendment was lost. lost. THANKS TO THE SPEAKER. Mr. PAGE moved the following resolution: Resolved, That the thanks of the House be presented to Theodore Sedgwick for his conduct while in the Chair of this House. The question was taken whether this motion was in order. It was decided to be in order. The yeas and nays were ordered. Mr. CHRISTIE said he should not point out the improprieties in the conduct of the Speaker while in the Chair, otherwise than by his vote, though he possessed the right to call up to the recollection of the House the many inconsistencies his presidency had been marked with. In doing that, Mr. Speaker, I shall behave better to you than you have ever done to me. The cry of "order!" "order!" prevented any more being said, and Mr. C. sat down. The yeas and nays were then taken, and resulted-yeas 40, nays 35, as follows: YEAS-George Baer, Bailey Bartlett, James A. Bayard, John Brown, Christopher G. Champlin, William March, 1801. Craik, Samuel W. Dana, John Davenport, Franklin Davenport, John Dennis, Joseph Dickson, William Edmond, Thos. Evans, Abiel Foster, Henry Glen, Chauncey Goodrich, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Archibald Henderson, Benja min Huger, James H. Imlay, John Wilkes Kittera, Henry Lee, Silas Lee, Lewis R. Morris, Robert Page, Thomas Pinckney, Jonas Platt, Leven Powell, John Reed, Nathan Read, William Shepard, John C. Smith, Chew Thomas, Lemuel Williams, and Henry Woods. James Sheafe, Samuel Tenney, George Thatcher, John Brown, Samuel J. Cabell, Gabriel Christie, William NAYS-Willis Alston, Theodorus Bailey, Robert Charles Cole Claiborne, Thomas T. Davis, John DawAlbert Gallatin, Andrew Gregg, John A. Hanna, Joseph son, George Dent, Joseph Eggleston, John Fowler, Heister, David Holmes, Michael Leib, Matthew Lyon, James Lynn, Edward Livingston, Nathaniel Macon, Peter Muhlenberg, Anthony New, John Nicholas, John Randolph, John Smilie, John Smith, Samuel Smith, Richard Dobbs Spaight, Richard Stanford, David Stone, Thomas Sumter, Abram Trigg, John Trigg, and Joseph B. Varnum. Whereupon, Mr. SPEAKER made his acknowledgments to the House in the manner following: Accept, gentlemen, my thanks, I pray you, for the respectful terms in which you have been pleased to express the opinion you entertain of the manner in which I have discharged the arduous duties of the station to which I was raised by your kind regard. Although I am conscious of having intended faithfully to execute the trust confided to this Chair, yet I am sensible that, whatever success may have attended my endeavors, is justly attributable to the candid, honorable, and firm support which you have constantly afforded. I cannot lay the least claim to merit for any thing that I have done; because the generous confidence which you had reposed in me, demanded that I should devote all my feeble talents to your service. I hope, from the public councils forever, permit me, Being now about to retire from this House, and, as gentlemen, to bid you, collectively and individually, an to indulge repose in the shade of private life; but the affectionate farewell. It is true that I have long wished moment of separation inflicts an anguish inexpressible by language. It is a separation from men of dignity of character, of honorable sentiments, and of disinterested and solace amidst all the fatigue and vexation of public patriotim; an association with whom has been my pride life. Of the friendship of such men, long uninter rupted and cordial as it has been, I shall always cherish a grateful remembrance. May you receive the reward most grateful to generous spirits, the reward of witnessing, as the effects of your labors, the increasing prosperity, and happiness, and glory, of your country. As the last words which I shall utter, as a public man, allow me to declare, that those with whom I have had the honor, here, to act and think, whose confidence I have enjoyed, whose bosoms have been opened to my inspection, in my cool and reflected opinion, deserve all of esteem, affection, and gratitude, which their countrymen can bestow. On this occasion I deem myself this declaration; and I do it in the most solemn manauthorized, from the present circumstances, to make of America; and not only so, but in the awful presence ner, in the presence of the assembled Representatives of that heart-searching Being to whom I feel myself responsible for all my conduct. May the Almighty keep you in his holy protection. Farewell. A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with such committee as may be appointed on the part of this House, to wait on the President of the United States, and to inform him that Congress is ready to adjourn without day, unless he may have any further communications to make to them. H. OF R. gress, reported that the committee had, according to order, performed that service, and that the President signified to them that he had no further communication to make, but the expression of his wishes for the health and happiness of the members, and a pleasant journey on their return to their homes and families. Ordered, That a message be sent to the Senate The House proceeded to consider the foregoing to inform them that this House, having completed resolution of the Senate, agreed to the same, and the business before them, are now ready to adappointed Mr. PINCKNEY and Mr. GROVE the com-journ without day; and that the Clerk of this mittee on the part of this House. House do go with the said message. Mr. PINCKNEY, from the joint committee of the The Clerk accordingly went with the said mestwo Houses, appointed to notify the President of sage; and being returned, Mr. SPEAKER adjournthe United States of the proposed recess of Con- led the House, sine die. COMPRISING THE MOST IMPORTANT DOCUMENTS ORIGINATING DURING THAT CONGRESS, AND THE PUBLIC ACTS PASSED BY IT. Whereas, by an act of the Congress of the United States, passed the 9th day of February last, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof," it is provided. That, at any time after the passing of this act, it shall be lawful for the President of the United States, if he shall deem it expedient and consistent with the interests of the United States, by his order, to remit and discontinue for the time being, the restraints and prohibitions by the said act imposed, either with respect to the French Republic, or to any island, port, or place, belonging to the said Republic, with which a commercial intercourse may safely be renewed; and also to revoke such order whenever, in his opinion, the interests of the United States shall require; and he is authorized to make proclamation thereof accordingly: And, whereas, the arrangements which have been made at St. Domingo, for the safety of the commerce of the United States, and for the admission of American vessels into certain ports of that island, do, in my opinion, render it expedient, and for the interest of the United States, to renew a commercial intercourse with such ports: Therefore, I, JOHN ADAMS, President of the United States, by virtue of the powers vested in me by the above-recited act, do hereby remit and discontinue the restraints and prohibitions therein contained, within the limits and under the regulations here following, to wit: 1. It shall be lawful for vessels which have departed or may depart from the United States, to enter the ports of Cape François and Port Republicain, formerly called Port-au-Prince, in the said island of St. Domingo, on and after, the 1st day of August next. in St. Domingo than Cape François and Port other port Republicain. 2. No vessel shall be cleared for any 3. It shall be lawful for vessels, which shall enter the said ports of Cape François and Port Republicain, after the thirty-first day of July next, to depart from thence to any port in said island between Monte Christi, on the north, and Petit Goave, on the west, provided it be done with the consent of the Government of St. Domingo, and pursuant to certificates or passports expressing such consent, signed by the Consul General of the United States, or Consul residing at the port of departure. 4. All vessels sailing in contravention of these regulations will be out of the protection of the United States, and be, moreover, liable to capture, seizure, and confiscation. Given under my hand and the seal of the Uni- By the President: Mission to France. Letter from Patrick Henry, Esq., to the Secretary of State. CHARLOTTE COUNTY, (Va.) SIR: Your favor of the 25th ultimo did not reach me till two days ago. I have been confined for several weeks by a severe indisposition, and am still so sick as to be scarcely able to write this. My advaaced age and increasing debility compel me to abandon every idea of serving my country, where the scene of operation is far distant, and her interests call for incessant and longcontinued exertion. Conscious as I am of my inability to discharge the duties of Envoy, &c. |