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the two characters chosen at the last election were equally estimable? Why then was there any hesitation? Why has public opinion, so ready to declare itself, never uttered a sound of discontent at the issue, while the nation was almost in arms at the retardment of the choice. Had the now Vice President been placed by whatever secret means in that Chair, is there a man who now hears who would not say it was contrary to the intention of the people? If ever public opinion was more strongly known on any point than another, it is on this. Nine States he believed had testified their wishes on the subject. New Hampshire, New York, Vermont, Massachusetts, Tennessee, North Carolina, and Ohio, have in the most solemn manner recommended it. If the gentlemen from Massachusetts, or one of them particularly, (Mr. PICKERING,) are in doubt as to the understanding or information of their constituents on the subject, there can it is presumed be no doubt but the other House understand both the subject and the opinions of the people whom they so immediately represent. And this supposed ignorance is a reply to the gentleman from Connecticut. It is to be presumed, if they are now ignorant, that when the amendment comes before them they will possess new lights-and that all danger will be avoided by their watchfulness.

Mr. BUTLER had allowed every gentleman to speak, though he had early in the debate signified his intention to offer a few observations on this important subject, which it was his lot to oppose from a conviction of its injurious tendency. He had gratified himself in the opening of the discussion with the expectation that the regularity of proceeding would be such, that we should never more hear the voice of menace or of civil war words which should never enter the walls of that Senate any more than the most vulgar expressions. But the hour was late. The gentleinan from Kentucky has said that you should not remove the election farther from the people, and he appears to think that at the late election the disposition to place a man not intended in the Chair, was the consequence of that form of proceeding. Whatever may be the sentiments or wishes of the individuals who vote, he could take upon him to say what was the intention of the Constitution; the framers of that instrument were apprehensive of an elective Chief Magistrate; and their views were directed to prevent the putting up of any powerful man; that for this end the States should choose two, and that as public suffrage would be common to both, that either would be alike eligible, and it was totally immaterial which-he feared that the election of a single individual might exhibit all the evils which afflicted Poland.

One observation he owed to the side he had taken in this debate: it had been suggested abroad that he had changed his opinion from being in favor to an opposition of the amendment. This was not so, for when the amendment was introduced he had avowed his purpose to oppose it. He was more confirmed when he heard arguments employed avowing the determination to remove every possibility of an election in the House of Repre

DECEMBER, 1803.

sentatives, and for this reason, that the smaller States having fewer representatives in that House, would be exposed to the corruption of any designing man, and they might be made the instruments of national ruin, as the rotten boroughs of England have in the hands of the King of that country. If the small States then are mere rotten boroughs, and their representatives liable to corruption, is the evil remedied by this amendment? He asked if only two were to be voted for and had equal votes would it not then go to the House of Representatives as much as if there were five from which to make a choice? But the time which has been expended in this discussion has only served to render more conspicuous the anxieties by which it is pressed forward. A gentleman has asked us, shall a factious minority give a Vice President to the United States? Aye, there's the rub! He had thought that the reproachful epithet of faction, that all heat and animosity of party, should long since have been buried; and the representatives of the small States he hoped would see that they were bound by duty and by feeling not to suffer the votes to go along with those reproaches; for with that vote would pass a very material part of their sovereignty.

A great deal had been said to remove this idea of the jealousy of the States, and that it was only a stratagem set up for the occasion. Whatever gentlemen might say on that subject he would say to the small States, with the orator of Greece, "Beware of Macedon!" Beware of the great States! In this, however, there was one exception; he would exclude the State of Pennsylvania; and civil liberty was better understood and practised there than in any age or in any part of the world. He had, however, seen something very like this combination of States, and thought it behooved the small States to watch them, else they would monopolize the whole of the Executive departments; and the moment that was accomplished, farewell to the Republic, it would no longer exist; it would be succeeded by a high, haughty aristocracy of States, with an Executive moulded and accommodated to their views.

When you pass this you plant the seed of discord; the dissolution of Federalism. He thought that after a contention of seven years, with a party who he had thought abused their power, the time was come when a better course would have been pursued; he had conceived that principles would have prevailed, and that men would not absorb every consideration; but, with a member of the Convention, he would say, I hoped after so long a course of pork that our diet would be changed, but I find it is pork still with only a change of

sauce.

Pass this amendment, and no man can live in the small States but under disparaging circumstances; they will have about as many rights left in society as the Helots of Greece. And why is all this done? For the purpose of showing one of the least becoming of the weak passions of man, resentment, you pursue a line of conduct reprobated by yourselves in the time of your predecessors. He was sorry the embers of party were

DECEMBER, 1803.

Amendment to the Constitution.

kindled even by the very injudicious manner in which it had been supported. The best reflecting men see in this only the change of men without regard to measures; and that it had paved the way for a revival of the heats and animosities which ought to have been buried, but which may lead to a separation of the Union.

The question was called for loudly at half past nine, and put-the yeas and nays being taken,

were:

YEAS-Messrs. Anderson, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Israel Smith, John Smith, Samuel Smith, Stone, Taylor, Worthington, and Wright-22.

NAYS-Messrs. Adams, Butler, Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, and White: 10. Upon the PRESIDENT declaring the question carried by two-thirds

SENATE.

est numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose, immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having member or members, from two-thirds of the States, and one vote; a quorum for this purpose shall consist of a choice. And if the House of Representatives shall not a majority of all the States shall be necessary to a choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of death or any other Constitutional disability of the President.

The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose Mr. TRACY said he denied that the question shall consist of two-thirds of the whole number of Senwas fairly decided. He took it to be the intention ators, and a majority of the whole number shall be neof the Constitution, that there should be two-cessary to a choice. But no person Constitutionally thirds of the whole number of Senators elected, ineligible to the office of President, shall be eligible to which would make the number necessary to its that of Vice President of the United States.

passage 23.

It was moved to adjourn to Monday. Mr. TAYLOR said that since it was proposed to adjourn to Monday, when he should be disqualified to sit in that House, he hoped the Senate would not rise without deciding the question definitively on the gentleman's objections.

Mr. TRACY said he certainly would avail himself of the principle to oppose its passage through the State Legislatures.

The PRESIDENT declared the question had passed the Senate by the majority required, and conformable to the Constitution and former usage.

The amendment, as adopted, is as follows: Resolved, by the Senate and House of Representa tives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That, in lieu of the third paragraph of the first section of the second article of the Constitution of the United States, the following be proposed as an amendment to the Constitution of the United States, which, when ratified by three-fourths of the Legislatures of the several States, shall be valid, to all intents and purposes, as part of the said Constitution, to wit:

The Electors shall meet in their respective States and vote by ballot for President, and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and, in distinct ballots, the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to, the seat of Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for the President, shall be the President, if such number be a majority of the whole number of Electors appointed: and if no person have such majority, then, from the person having the high- |

Ordered, That the Secretary request the concurrence of the House of Representatives in this resolution.

MONDAY, December 5.

The following Messages were received from the
PRESIDENT OF THE UNITED STATES:
To the Senate of the United States :

In compliance with the desire of the Senate, expressed in their resolution of the 22d of November, on the impressment of seamen in the service of the United States, by the agents of foreign nations; I now lay before the Senate a letter from the Secretary of State, with a specification of the cases of which information

has been received.

DEC. 5, 1803.

To the Senate and House of

TH. JEFFERSON.

Representatives of the United States:

I have the satisfaction to inform you, that the act of hostility mentioned in my message of the 4th of November, to have been committed by a cruiser of the Emperor of Morocco, on a vessel of the United States, has been disavowed by the Emperor. All differences in consequence thereof have been amicably adjusted, and the Treaty of 1796, between this country and that, has been recognised and confirmed by the Emperor, each party restoring to the other what had been detained or taken. I enclose the Emperor's orders given on this occasion.

The conduct of our officers generally, who have had part in these transactions, has merited entire approbation.

a

The temperate and correct course pursued by our Consul, Mr. Simpson, the promptitude and energy of Commodore Preble, the efficacious co-operation of Captains Rodgers, and Campbell, of the returning squadron, the proper decision of Captain Bainbridge, that a vessel which had committed an open hostility, was of right to be detained for inquiry and consideration, and the general zeal of the other officers and men, are honorable facts, which I make known with pleasure. And to these I add, what was indeed transacted in another

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"That a committee be appointed to take into consideration the law to establish an uniform act of bankruptcy throughout the United States, and report amendments to the same, if any shall, in their own opinion, be requisite:"

It was agreed that this motion should lie for

consideration.

DECEMBER, 1803.

Ordered, That the consideration of the last amendment reported be postponed.

The bill to divide the Indiana Territory into two separate governments, and giving the assent of Congress to the proposition of the State of Ohio contained in the sixth section of the seventh article of the constitution of that State, was read the third time and further amended; and,

Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act to divide the Indiana Territory into two separate governments."

Mr. S. SMITH, from the committee to whom the subject was referred, on the second instant, reported a bill to authorize the sale of the frigate General Greene, and a further addition to the naval armament of the United States; and the bill was read and ordered to the second reading.

the committee, appointed on the 22d of October Ordered, That the last resolution reported by Mr. ANDERSON laid before the Senate the ad- the Constitution, in the mode of electing a Presilast, to consider the motion for an amendment to dress of the Commissioners of the State of Ten-dent and Vice President of the United States, be nessee, being their Senators and Representatives the order of the day for to-morrow. in Congress, appointed, and fully empowered, to On motion, the Senate adjourned. settle the disputes between the United States and the said State, respecting the vacant unappropriated lands lying within that State; and it was read.

Ordered, That it be referred to Messrs. TRACY, BRECKENRIDGE, and ANDERSON, to consider and report thereon to the Senate.

The Senate took into consideration the amendments reported, on the 16th of November last, to the bill to divide the Indiana Territory into two separate governments, and giving the assent of Congress to the proposition of the Convention of the State of Ohio, contained in the sixth section of the seventh article of the constitution of that State; and having agreed thereto and further amended the bill,

Ordered, That it pass to the third reading as amended.

The Senate took into consideration the motion made on the 28th November last, that a committee be appointed to prepare a form or forms of government for the Territory of Louisiana; and it was agreed to; and

Ordered, That Messrs. BRECKENRIDGE, WRIGHT, JACKSON, BALDWIN, and ADAMS, be the committee. On motion, that it be

Resolved, That when any bill, resolution, or amendment, shall be agreed on, no reconsideration shall take place on the same day, unless moved for by a member in the majority; nor shall any reconsideration of a bill, resolution, or amendment, take place the succeeding day, but with the consent of four-fifths of the House.

It was agreed that this motion should lie for consideration.

TUESDAY, December 6.

The Senate took into consideration the amendments, reported the 28th of November last, to the bill, entitled "An act fixing the salaries of certain officers therein mentioned," and having amended the report, the amendments were adopted, except the last.

WEDNESDAY, December 7.

AARON BURR, Vice President of the United States and President of the Senate, attended.

The bill to authorize the sale of the frigate General Greene, and a further addition to the Naval armament of the United States, was read the second time.

JOHN ARMSTRONG, appointed a Senator by the Executive of the State of New York, in the room of De Witt Clinton, resigned, attended.

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Ordered, That this motion lie for consideration. The Senate resumed the second reading of the bill, entitled "An act to repeal an act, entitled 'An act to establish an uniform system of bankruptcy throughout the United States."

Ordered, That this bill have the third reading on Monday next.

The Senate resumed the second reading of the bill to authorize the sale of the frigate General Greene, and a further addition to the naval armament of the United States; and having agreed to sundry amendments, the bill was ordered to the third reading as amended.

The Senate resumed the second reading of the bill entitled "An act fixing the salaries of certain officers therein mentioned;" and it was agreed that the consideration of this bill be postponed.

The Senate took into consideration the motion made on the 25th of November last, that a committee of members be appointed, to inquire whether any, and, if any, what, further measures may be necessary for carrying into effect the treaty between the United States and the French Republic, concluded at Paris on the 30th of April, 1803, whereby Louisiana was ceded to the United States; and on the question to agree to this motion, it passed in the negative.

On motion, the Senate adjourned.

MONDAY, December 12.

Mr. WORTHINGTON presented the petition of Eleazer Olney, of Marietta, late a resident in the province of Nova Scotia, praying to be entitled to the benefits of the "Act for the relief of the refugees from the British provinces of Canada and Nova Scotia," for reasons stated in the petition; and the petition was read.

SENATE.

Constitution of the United States, which, when ratified by three-fourths of the said Legislatures, shall be valid, to all intents and purposes, as part of the said

Constitution, to wit:

elected President of the United States shall be eligible "That no person who has been twice successively as President until four years shall have elapsed: but any citizen who has been President of the United States may, after such intervention, be eligible to the office of President for four years and no longer."

On the question to agree to this resolution, it passed in the negative-yeas 4, nays 25, as follows: YEAS-Messrs. Anderson, Butler, Dayton, and Jackson.

NAYS-Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Plumer, Potter Israel Smith, John Smith, Samuel Smith, Tracy, White, Worthington, and Wright.

The Senate took into consideration the motion made on the 9th instant, that a committee be appointed to examine whether any, and what, further protection ought to be given to the navigation and seamen of the United States; and, having agreed thereto,

Ordered, That Messrs. S. SMITH, DAYTON, and ARMSTRONG, be this committee.

A message from the House of Representatives informed the Senate that the House have passed a resolution that the President of the United States be requested to transmit to the Executives of the several States copies of the article of amendment proposed by Congress to be added to the Constitution of the United States, respecting the election of President and Vice President, in which they desire the concurrence of the Senate.

The Senate took into consideration the motion made on the 5th instant:

“That when any bill, resolution, or amendment, shall be agreed on, no reconsideration shall take place, unless moved for by a member in the majority; nor shall any reconsideration of a bill, resolution, or amendment, take place the succeeding day, but with the con-> sent of four-fifths of the House."

And it was agreed that this motion be referred to Messrs. TRACY, DAYTON, and BALDWIN, to consider and report thereon to the Senate.

Mr. WORTHINGTON notified the Senate that he should, to-morrow, ask leave to bring in a bill to ascertain the northwest boundary of the lands reOrdered, That it be referred to the committee served by the State of Virginia for the satisfacappointed, on the 27th of October last, to consider tion of her officers and soldiers on Continental the petition of Martha Seamans and others, to re-establishment, and to limit the period for locating port thereon to the Senate.

The Senate resumed the consideration of the last resolution reported by the committee appointed on the 22d of October last, to consider the motion for an amendment to the Constitution in the mode of electing the President and Vice President of the United States; which is as follows:

"Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following amendment be proposed to the Legislatures of the several States as an amendment to the

the said lands.

The Senate took into consideration the resolution sent from the House of Representatives that the President of the United States be requested to transmit to the Executives of the several States copies of the article of amendment proposed by Congress to be added to the Constitution of the United States, respecting the election of President and Vice President.

Resolved, That they do concur therein.

The VICE PRESIDENT signed the enrolled resolution last reported to have been examined, and it

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ABRAHAM B. VENABLE, appointed a Senator by the Legislature of the State of Virginia on the 7th instant, produced his credentials, was qualified, and took his seat in the Senate.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of the officers of Government, and other citizens, who suffered in their property by the insurgents in the Western counties of Pennsylvania;" in which they desire the concurrence of the Senate.

The bill was read, and ordered to the second reading.

Mr. ISRAEL SMITH notified the Senate that he should, to-morrow, ask leave to bring in a bill to amend the "Act making further provision for the payment of the debts of the United States."

DECEMBER, 1803.

WEDNESDAY, December 14.

The bill, entitled "An act for the relief of the officers of Government and other citizens who suffered in their property by the insurgents in the Western counties of Pennsylvania," was read the second time, and referred to Messrs. WORTHINGTON, LOGAN, and FRANKLIN, to consider and reMr. WORTHINGTON asked and obtained leave to port thereon to the Senate. Agreeably to notice given on the 12th instant, bring in a bill to ascertain the northwest boundary of the lands reserved by the State of Virginia, for the satisfaction of her officers and soldiers on Continental establishment, and to limit the period for locating the said lands.

The Senate resumed the second reading of the bill, entitled "An act for fixing the salaries of certain officers therein mentioned," and on motion to strike out the following amendment, reported by the committee and adopted:

Line 19-After the word "dollars," "which said several compensations were established by the act passed on the second of March, 1799, and to"

It passed in the negative-yeas 9, nays 17, as follows:

YEAS-Messrs. Anderson, Butler, Ellery, Hillhouse, Maclay, Olcott, Pickering, Plumer, and Worthington. NAYS-Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Franklin, Jackson, Logan, Potter, Israel Smith, Samuel Smith, Venable, and Wright.

And, having agreed to further amendments, Ordered, That this bill pass to the third reading as amended.

The bill to authorize the sale of the frigate General Greene, and a further addition to the naval armament of the United States, was read the third time, and passed:

Mr. LOGAN presented the petition of John TagThe bill, entitled "An act to repeal an act, en- gart, of Philadelphia, praying the remission of the titled 'An act to establish an uniform system of duty on a quantity of sugar and molasses, totally bankruptcy throughout the United States," was destroyed by fire on the 25th of August last, as read the third time; and, on motion, that the fur-stated at large in the petition; and the petition ther consideration of this bill be postponed to the was read. and ordered to lie for consideration. second Monday in December next, it passed in the On motion, that it be negative-yeas 13, nays 17, as follows:

YEAS-Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Brown, Condit, Jackson, Israel Smith, Samuel Smith, Tracy, White, and Wright.

NAYS-Messrs. Anderson, Breckenridge, Butler, Cocke, Dayton, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Plumer, Potter, John Smith, Venable, and Worthington.

On the question, "Shall this bill pass? it was determined in the affirmative-yeas 17, nays 12, as follows:

YEAS-Messrs. Anderson, Breckenridge, Butler, Cocke, Dayton, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Plumer, Potter, John Smith, Venable, and Worthington.

NAYS-Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Brown, Condit, Israel Smith, Samuel Smith, Tracy, White, and Wright.

So it was Resolved, That this bill do pass.

Resolved, That a committee be appointed to inquire whether any, and, if any, what amendments ought to be made in the act, entitled "An act to prevent the importation of certain persons into certain States, by the laws whereof their admission is prohibited," and that the committee have leave to report by bill or otherwise:

Ordered, That this motion lie for considera

tion.

THURSDAY, December 15.

The VICE PRESIDENT laid before the Senate the report of the Secretary for the Department of Treasury, on the petition of Aaron Man; which was read, and ordered to lie for consideration.

On motion, the Senate proceeded to ascertain the classes in which the Senators of the State of Ohio should be inserted, as the Constitution and rule heretofore adopted prescribe; and it was

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