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INDEX TO VOL. I

Acts of Congress.-Propriety of limiting the period of their operation, note, 82; safe-keeping of, 129. ADAMS, JOHN, elected Vice President in 1789, 10; voted for

as President in 1789, 10; in 1793, 385; addresses the Senate on taking the chair as Vice President, 11; Vice President U. S., 441, 520.

Address, Inaugural.-Washington, 12. Address of the Friends in Pennsylvania, &c., urging the discontinuance of the Slave Trade, 201.

Address of House to President.-In committee, on answer to the President's Address; clause respecting the Western expedition against the Indians under consideration, 256; alarm occasioned by the Greek treaty, 256; secret articles thus early, 256; sufferings of the people of Georgia, 256.

Encouraging navigation considered, 257; too early for the House to commit itself, 257; mode of expression might conduce to the exclusion of foreign bottoms, 257; expressions of the President, 257; amendment proposed, 257; exclusion ruinous to Southern States, 257; the words of the report and amendment, 257; not be hasty to declare all exports shall be in American bottoms, 257; tonnage duties paid in Georgia, 257; a substitute proposed, 258; no reason to think the House will be committed by adopting the Address, 258; two modes of answering the Address, 258; amendment lost, 258.

Answer to the President's Speech, debated, 582; note, | 582; the House should not bow so much to the President as to approve of his proceedings without knowing what they were, 582; he says his policy in regard to foreign nations is founded in justice; we intend to convey a general sentiment of approbation, 532; the amendment proposes substantial approbation, 532; the distinction is trifling, 532; the mission of Mr. Jay should not be approved till we know his instructions, 582; better withdraw the motion than to bring it forward at such an expense of temper, 583; motion withdrawn, 588; amend. ment moved relating to self-created societies, 533; an excitable expression, 533; self-created societies of the country, 533; as improper to pass a vote of censure as one of approbation, 534; the conduct of these people had tended to blow the insurrection, 534; objected that these societies will acquire importance by a vote of censure, 534; amendment of no weight, 535; leave the societies to their own conscience, 535; this declaration from the House will tend to discourage Democratic Societies, 585; persons most violent against the excise laws had been equally so against the insurgents, 535; the President did not want them to intermeddle with the societies, 586; the societies had produced Western insurrection, 586; the effects of the societies, 536; the societies composed of patriots, 587; amendment can answer no purpose but

that of disturbing the public peace, 588; the evils arose from the excise aws, not from Democratic Societies, 538; the Democratic Societies in a great measure originated the late disturbances, 539; misinformation existed, 540; amendment lost, 540.

Answer to President's Message to 1st Session of 4th Cognress, considered in the Senate, 594; nothing should be contained in it such as to force the Senate to precipitate decisions, 594; note, 594; two clauses objectionable; our situation is not in every way auspicious, 594; nothing reasonably objectionable, 594; some members could not vote for the Address without palpable inconsistency, 595; every article of the Treaty objectionable, 595; the term "firm " applied to the Executive improper, 595; the ratification of the Treaty in all its aspects is advisable, 595; the objections considered, 595; the clauses record a fact, 596; further consideration of the objections, 596.

Answer to President's Speech, 1st Session of 4th Congress, considered in the House, 605; practice of addresses disapproved, 605; practice coeval with the constitution, 605; moved to strike out certain words, 606; clause goes too far, 606; the confidence of a part of the people was diminished, 607; motion denies confidence of the House and the public in the President, 607; such a thing was once supposed impossible, 607; what are the facts? 607; defence of the President, 608; recommitted, 608. African Slaves.-Motion to bring in a bill relative to their importation, 84. See Duties on Imports and Slavery. Algerine War, report of the committee on, 475; resolution to build four ships of forty-four, and two of twenty guns considered, 475; cannot be done in a year, 475; two points to be considered-do the Algerines act from their own impulse in this matter? if so, they can be bought, 475; if excited by Britain, they cannot be bought, 475; there is danger of a British war from fitting out the ships, 475; the combined powers would regard their equipment as an opportunity to pick a quarrel, 475; the ships would be too small to be important in Europe, 475; British would attempt to search them, hence a quarrel, 475; bribery alone can purchase security from the Algerines, 476; not a match for the Algerines, 476; harbors for American ships in Europe, 476; views on the subject, 476; no security if we buy a peace, 477; an armament urged, 477; Britain is the cause, Algiers the instrument, 477; this expedient unlikely to answer the purpose, 477; competency of the ships examined, 478; the charge against Britain unfounded, 478; this country not in a state for war, 478; note, 478; six vessels sufficient, 479; the bill regarded as affording protection to commerce against the Algerines, and as the foundation of a permanent Naval Establishment, 480; various objections urged to this view, 480; the question is simply whether our commerce requires protection against the Algerines, and whether this is the best

course to protect it, 482; these points considered, 482;
objections to the bill reviewed, 482; argument against a
Naval Establishment considered, 482; passage of the
bill, 482.

Allegiance, Foreign.-See remarks of Madison and Jackson,
97 and 98.

Amendments to the Constitution.-Application of the Legis-
lature of Virginia for a convention to consider defects,
and report amendments, 47; debate, 47; this applica-
tion should remain on the files until proper number of
applicants come forward, 47; any subject can be re-
ferred to a committee, 47; the propriety of committing
it doubtful, 47; Congress has no deliberative power on
this occasion, 48; the application of a State should be
respected and regarded, 48; it should be entered at
large on the files of the journal, 48; so ordered, 48.

Proper mode of amending considered, 133; proposi-
tion to insert after the words "We the people," in the
first paragraph, a brief clause, 183; not the proper mode
of amending the constitution, 133; it should be done by
supplement, 183; moved to amend by a resolution de-
claring, "That the following articles be proposed as
amendments," &c., 183; form of less importance than
substance, but there is a neatness and propriety here in
incorporating articles, 184; method proposed by the re-
solution incompatible with the constitution, which re-
quires amendments to form a part of the constitution,
134; all amendments should stand separate from the
constitution-see precedents, 134; supplementary form
most desirable, 134; by incorporation the original in-
strument may be entirely gone, 185; can the mode make
any possible difference, 185; how can amendments be
incorporated, 135; report of committee founded on re-
commendation of State conventions, 135; the original
constitution should remain inviolate, and not be patched
from time to time like Joseph's coat, 186; magna
charta never altered by incorporation of amendments,
186; arguments for incorporation considered, 186; motion
lost, 187; see note, 187.

Freedom of conscience considered, 187; proposition
to insert the words, "no religion shall be established by
law, nor shall the equal rights of conscience be infringed,"
187; the words liable to a wrong construction-have a
tendency to abolish religion altogether, 187; amend-
ment unnecessary-Congress no authority to make reli-
gious establishments, 187; many sects think they are
not well secured, and the effect of amendment will be
conciliatory for the new government, 187; some States
had desired it, 137; reason thereof, 187; experience of
Rhode Island, 137; apprehensions of the people, 138;
result, 138.

Right of instruction considered.—On a motion to in- |
sert the words, "to instruct their representatives," an
amendment proposed, 138; arguments against the right,
188; its propriety in this country, 189; if our constituents
have a constitutional right to instruct, we are bound to
obey, 189; the words are calculated to mislead by convey-
ing the idea to the people that they have a right to in-
struct, 189; duty of a representative, 189; dangerous ten-
dency of the doctrine, 140; what may be the consequence
of binding a man to vote according to the will of others in
all cases, 140; arguments in favor, 140; this amendment
is of a doubtful nature, and will have a tendency to pre-
judice the whole system, 141; if sovereignty resides
with the whole people, they cannot, in detached bodies,
contravene an act established by the whole, 141; the
clause would not bind representatives, 141; it will ope-
rate inconveniently to the more distant States, 141; un-
der its adoption, one member as good as many, 141; no
law of the House would be of force if a majority were in-
structed against it, 141; subversive of the principles of

the constitution, 141; must members violate the co-
stitution if instructed, 142; objections further considered,
142; no instruction should have binding force, 143; right
of State Legislature to instruct the House opposed, 145;
absolute necessity of adopting the amendment, 143; no
right of obligation claimed for instructions/heretofore,
144; constitutions of several States recognize the right,
144; motion lost, 144; another motion. 144.

Amendments proposed in the Senate relative to the
judiciary power of the United States, 445; do, passed in
Senate, 446.

AMES, FISHER, Representative from Massachusetts, 21, 173,
255, 315, 388, 527, 637; on duty on molasses, 80; on
duty on hemp and cordage, 87; moves duty on barley
and lime, 88; remarks on tonnage duties, 48; remarks
on tonnage duties, 54; on the scale of duties on imports,
59, 62, 65; would make no bargain or compromise re-
lative to duties on imports, 69; further remarks, 70,
71; opposes the motion to lay duty on African slaves,
74; thinks a limitation of the impost bill injurious to
public credit, 79; further remarks, 80, 84; on the admis
sion of Rhode Island, 101; on the President's power to re-
move officers, 106; on the organization of the Treasury
Department, 110; on the compensation of the Vice Pre-
sident, 122; on the right of instructions, 143; on the loos
tion of the seat of government, 158; further remarks, 160;
on manner the Secretary of the Treasury shall make his
report, 177; on the discrimination between foreign and
domestic debts, 195; on discrimination of public creditors,
215; moves to strike out "Potomac," and insert German-
town as seat of Government, 249; on excise officers,
271; further, 272; on the commitment of the bill for s
Bank of the United States, 278; do, speech on the bank,
278; on report of Secretary at War, 317; on the bill for
the encouragement of the Cod Fisheries, 833; on st-
tendance of Secretary of War, 391, 392; on discharging
Committee on defeat of St. Clair, 393; on petition of
Warner Mifflin, 8397; on official conduct of Secretary of
Treasury, 436; on the commerce of the United States,
468; on fighting the Algerines, 477; in favor of taxing
salt, 506; urges duties on manufactured tobacco and
refined sugar, 507; on the advance of money to France,
514; on an increase of the army, 515; on raising a force
for protection of S. W. frontier, 517; on the President's
speech, 582; on resolutions of thanks to General Wayne,
545; on the renunciation of nobility for citizenship, 562;
on reference of letter of Secretary of War, 568, 569; on
the execution of the British treaty, 743.

AMY DARDIN's horse, claim for, 763; note, 763,
Apportionment Bill, see Ratio of Representation; veto of
874; action of the House on, 374.
Appropriations.-Bill for the appropriations for 1792
considered, 320; various amendments proposed, $90;
bill recommitted, 330.

The Right of Congress to withhold appropriations
from existing establishments considered, 625; note, 625;
moved to strike out all appropriated for the officers of
the mint, 625; such motion cannot regularly be brought
forward, 626; the bill is conformed to the state of the
public engagements, 626; an investigation should be
made on an independent footing, 626; a discretionary
power in the House to appropriate or not, 626; when
legal establishments are made, neither branch has a
right to withhold its assent to appropriations conforms-
able to the public engagements, 626; illustration, 626;
the House is not to pass an appropriation bill as a
matter of course, 627; amendment agreed to, 627;
in the House, moved to strike out all appropriated to
the mint,627; motion to strike out an appropriation for the
purpose of bringing the policy of a law into discussion, is
repugnant to legislative duties, 627; doctrine of discre-

tionary power not correct, 627; no appropriation should
obtain sanction unless the House were convinced of the
propriety of the law, 627; otherwise the House becomes
a mere office for registering edicts, 628; House has no
right to obstruct the operation of the laws while they
exist, 628; otherwise, the House has a right to refuse an
appropriation to pay a just debt, 628; a constitutional
view, 628; mode of getting rid of an establishment by
refusing appropriations not the constitutional one, 628;
expenditure of Washington's administration, note 629.

The Bill providing appropriations for military, &c.
establishments considered, 763; debate on the value of
rations and the amount appropriated, 764; the army had
been reduced, but not the expenses, 764; various sums
proposed for the gross amount for different objects, 765;
other items considered, 766; note 767.

ARMSTRONG JAMES, votes for, as Vice President, in 1789, 10.
ARMSTRONG JAMES, Representative from Pennsylvania, 455,
528.

Army, Memorial of Officers of, 397.

Army, Reduction of.-Resolution for the appointment of a
committee to bring in a bill for the reduction of the
United States Military Establishment considered, 398;
reasons and necessity of the motion, 898; expenses,
charges, and increase of the War Department, 398;
note, 398; the protection of the frontiers considered if
the army is disbanded, 899; amount of reduction sug-
gested, 399; expense of militia expeditions, 399; im-
proper time to disband the army when negotiations of
peace are going on, 899; been warring with our finances
to keep up an army, 400; dangerous so suddenly to alter
the system, 400; strange statements of members consid-
ered, 400; referred to Committee of the Whole, 401;
calculations examined, 401; circumstances requiring a
force, 401; history of the frontier wars, 402; superiority
of regular troops over militia shown, 402; case of Major
Adair, 402; successes of Clark and Sevier, 402; improper
to take militia to fight Indians, 403.

Improper to adopt the motion under the present cir-
cumstances of the country, 404; former law gave Presi-
dent power to exercise his discretion, 404; have circum-
stances so changed as to render it proper for the Legis-
lature to interfere? 404; the great object of the addi-
tional armament is peace, 404; cannot rely upon the
backwoods riflemen to turn out as often as wanted, 404;
the President has practised economy in organizing the
troops voted for, 404.

The motion only goes to prevent the raising any more
troops, it does not disband a man, 405; militia always
more spirited soldiers, and fitter for fighting the Indians
than regulars, 405; experience with militia, 405; no peaoe
can be obtained from the Indians unless dictated by
British agents in Canada, 406; any immediate alteration
of the system dangerous under present circumstances,
406; the spirit of the motion in regard to the preven-
tion of standing armies is good, 407; the reduction of the
military establishment will neither put an end to the
savage war, nor to the enormous expense, 407; consider
the state of the exposed parts of the Union, 407; these
people demand the protecting arm of Government, 408;
commenced wrong in warring with the Indians, 408; if
public officers have misapplied the public money, the
constitution pointed out a mode to punish them, 408;
the defence of the frontier is of superior concern to the
redemption of the public debt by savings to be made by
a reduction of the army, 408; a particular plan is set in
operation, and it should be tried, 409; confidential com-
munications referred to, 409; this protection of the
frontiers is a test of the Government, 409; this Indian
war differs from any other, 410; not sufficient informa-
tion respecting the prospect of peace to warrant a reduc-

771

tion of the army, 410; any abuses in the war establish-
ment are insignificant, 410; regular troops grow expe
rienced, and by a line of forts trade can be cultivated
with the Indians, 411; the most important question be-
fore the House-on its decision are suspended the hopes
of the people for peace and their fears of a standing
army, 411; the principle of keeping up standing armies,
though highly obnoxious to the people, has not been
equally so to the Government, 411; effects of standing
armies, 411; much deliberation is not necessary to form
an opinion of military establishments, 411; the argu-
ments of the opponents lead to four points, 412; these
points considered, 412; although a war establishment is
objectionable, this system should not be arrested at the
moment of its efficiency, 414; a standing army is impos-
sible so long as this House holds the purse-strings, 414;
motion lost, 415; further considered, 416.

The Pay of Soldiers proposed to be increased from
three to four dollars per month, 459; motion to add a
fifth dollar, 459; no proportion between the wages of
ordinary labor and that of military service, 459; it was
justly due, 460; no reason for this increase of wages,
460; better to increase the rations, 460; six dollars had
secured some of the most respectable kind of people in
Pennsylvania, 460; further considerations offered, 461;
motions withdrawn, 461.

Bill to increase the Army, lost, 511; bill to increase
the military force and to encourage recruiting, consider-
ed, 515; principle of the bill wrong, 515; is it proper to in-
trust the President with a discretionary power to raise
an army of ten thousand men owing to the particular
state of the country? 515; if we have war, it is economy
to be prepared beforehand, 515; no danger to trust the
President, 515; the force can be discontinued at our
pleasure, 515; it would involve the country in useless
expense, 515; the interests of the country promoted by
vesting the President with this power, 515; what would
be the consequence if he cannot make preparation when
he sees the war approaching, 516; no such immediate
prospect of war as could induce the House to violate the
constitution, 516; under the constitution one branch of
the government raises an army, and the other conducts
it, 516; it encroaches upon a salutary principle of the
constitution, 516; bill rejected, 516.

Amendments of the Senate, fixing the military estab
lishment considered, 759; number of troops sufficient
without this amendment, 759; amendment to keep a
larger number of troops, negatived, 759; moved to re-
tain the Major General, 759; question debated, 760;
lost, 760.

ASHE JOHN BAPTIST, Representative from North Carolina,
Arts useful, to promote progress of, 259.
Assumption of State Debts.-See Treasury, Report of Secre-
239, 259, 817.
tary of

B

BAILEY THEODORE, Representative from New York, 455, 527,
604.

BAIRD DAVID, Representative from Pennsylvania, 604.
BALDWIN ABRAHAM, Representative from Georgia, 42, 175,
255, 817, 388, 455, 527, 604; on the practicability of col-
lecting duties, 63; on organization of Treasury Depart-
ment, 93; on the preparation of estimates by the Secre-
tary of the Treasury, 118; on the compensation of the
President, 116; further remarks, 119; on power of Con-
gress to interfere with slavery, 209; presides in Com-
mittee of the Whole, 216, 220, 221, 228; on memorial of
officers of Navy, 240; on vacancy in the Presidency,
269; on ratio of representation, 822; on the meeting of

the Electoral College, 883; on the preparations for the
Algerine war, 476; on admission of the delegate south
of the Ohio, 530; on a salary for members of Congress,
636; on a stenographer for the House, 631: on Post-roads,
637; on rights of the House relative to treaties, 659; on
the admission of Tennessee, 756.
Bank of the United States.-On the passage of a bill from
the Senate to incorporate the subscribers to the Bank of
the United States, 272; recommittal moved, 272; various
objections to the bill, 272; no argument in favor of a
bank can be deduced from Great Britain, 272; no neces-
sity for a bank, 278; plan unconstitutional, 278; Govern-
ment has power to borrow money and therefore had a
right to create capital to facilitate it, 278; its operation
benefits all parts of the Union, 278; bill should be re-
committed as too important to pass without discussion,
278; other objections urged, 273; clause of constitution
respecting monopolies refers to commercial monopolies,
278; no sufficient reason for recommitment, 273; fault
of members if they have not offered their objections,
274; motion for recommitment lost, 274; put on its final
passage, 274; advantages and disadvantages of banks,
274; is the power of establishing an incorporated bank
vested by the constitution in the Legislature of the
United States? considered at length, 275; rules of inter-
pretation, 275; clauses upon which constitutional power
is based, 275; general welfare clause, 275; various an-
swers to it, 275; former bank no precedent, 275; this is
not a bill to borrow money, 276; the clause, “All laws
necessary and proper," &c., does not give unlimited dis-
cretion to Congress, 276; the Government is of limited
and enumerated powers, 276; consequences of consider-
ing that the power to borrow authorizes the creation of
means to lend, 276; various objections urged, 277; dis-
tinction between a power necessary and proper for the
Government, and a power necessary and proper for exe-
cuting an enumerated power, 277; contemporary expo-
sitions of the constitution, 277; if the power is in the
constitution, its immediate exercise is not essential, 278;
motion to recommit lost, 278; bill put on its passage,
278.

Little doubt of the utility of banks, 278; constitutional
question examined, 279; may Congress exercise any
powers not expressly given in the constitution but de-
ducible by a reasonable construction of it, and will such
construction warrant the establishment of a bank ? 279;
the doctrine of implied power has been a bugbear to
many, 279; danger of implied power does not arise from
its assuming a new principle, 279; not exercising the
powers we have may be as pernicious as usurping those
we have not, 279; if some interpretation of the consti-
tution may be indulged, by what rules is it to be gov-
erned, 280; Congress may do what is necessary to the
end for which the constitution was adopted, if not re-
pugnant to natural rights or reserved powers, 280; as
the bank is founded on the free choice of those who use
it, and highly useful to the people and government, a
liberal construction is natural and safe, 280; a presump-
tion in favor of its conformity to the constitution, 280;
necessity of a bank to other Governments, 280; if war
should suddenly break out here, is Congress to provide
for it? 280; objected, that necessity is the tyrant's plea,
280; how does Congress get the right to govern the
Western Territory, 281; is the establishment of a na-
tional bank a violent misinterpretation of the constitu-
tion, 281; are corporate powers incidental to those which
Congress may exercise by the constitution, 281; Con-
gress may exercise exclusive legislation in certain places
-of course establish a bank, 281; the preamble to the
constitution warrants the remark that a bank is not re-
pugnant to its spirit and essential objects, 281; Congress

may exercise all necessary powers, 282; constitutionality
never before doubted, 282; the whole business of legis-
lation is a practical construction of the powers of the
Legislature, 282; immense difficulties to be surmounted
on all important questions, 282; whenever a power is
delegated for express purposes, all the known and usual
means for the attainment of the objects are conceded,
282; if banks are among the known and useful means to
facilitate and effectuate the ends of Government, the ar-
gument is irrefragable and conclusive to prove the eon-
stitutionality of the bill, 283; the utility of banks, 258;
answer to various objections, 284; silence of the people
is presumptive that they regard the measure as constita-
tional, 284; every power necessary to secure the great
objects of the constitution must necessarily follow, 254;
the power of removability had been construed, it was as
important as the present, 285; numerous objections
onsidered, 285; the expediency of banks considered,

285.

Latitude in construing the constitution to be repro-
bated, 285; bill will interfere with State rights, 255; ar-
guments drawn from implication considered, 286; that
banks may exist without a charter reprobated, 286; con-
struction of powers considered, 286; the powers relative
to finance do not warrant the adoption of any powers
thought proper, 286; power over Western Territory had
reference to property already belonging to the United
States, 286; necessity of proposed institution denied,
286; general welfare clause, 286; European banks, 286;
facility of borrowing will involve the Union in irretriev
able debts, 287; a geographical line divides friends and
opponents of the measure, 287.

Is Congress vested with power to grant privileges
contained in the bill? considered, 287; what rights will
this company enjoy in this new character that they did
not enjoy independent of it, 287; the bank must be a
legally artificial body composed of these rights, 286; is
not this simple power fairly to be drawn by necessary
implication from those vested by the constitution in the
legislative authority? 288; not express but necessarily
deduced, 288; peace is preserved by being always pre-
pared for defence-this is a duty of Congress, but it must
borrow money to secure it, which a bank can aid, 288;
banks only are reliable for borrowing money, 289; a na-
tional bank is the necessary means for this end, 289;
numerous powers have been exercised which were de-
duced by implication, 289; if power was given to raise
an army, the making provision for all the necessary
supplies and incidental charges was included, 290; quo-
tations from the Federalist, 290; some objections to a
bank considered, 291; no preference shall be given to
one part of the Union over another, not an objection,
291; this clause inserted for a particular purpose, 292;
expediency of a national bank, 292; divisions of opinion
in Philadelphia, 292; instances of implied powers exer
cised, 292.

Members vary widely in their opinion of the direc
tion of the Government, 292; the Continental debt has
travelled eastward of the Potomac, this law is to raise
the value of that paper, 292; implication a serpent that
may sting and poison the constitution, 293; it destroys
the principle of the Government at a blow, 298; it is
agreed that the power is not expressly granted but im-
plied, yet it is not agreed as to the particular power to
which this is an incident, 298; latitude of principles
premised reprobated, 293; the form not only points to
the ends of Government but specifies the means, 293;
if all laws proceed from expediency, what becomes
of the constitution? 293; the idea that no implication
should be made against the law of nature, &c., is bos-
tile to the main principle of our Government, 293; re-

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