Trial of Judge Pickering. John Smith of New York, Sumter, Venable, Wells, The Court then adjourned sine die. Early in the trial a question was raised as to Smith, Israel Smith, and John Smith, of New the propriety of those gentlemen, viz: Samuel of the House of Representatives, and voted here York, who were during the last session members upon the question for impeaching Judge Pickering, sitting and voting as judges upon the trial. Mr. SMITH, of New York, wished to be excused. Mr. S. SMITH declared that he would not be influenced from his duty by any false delicacy; that he, for his part, felt no delicacy upon the subject, the vote he had given in the other House to impeach Judge Pickering, would have no influence upon him in the court; his constituents had a right to his vote, and he would not by any act of his deprive or consent to deprive them of that right, but would claim and exercise it upon this mitted to the Senate whilst he had the honor of as upon every other question that might be sub a seat. Upon the vote, it was carried by the usual majority. PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE FIRST SESSION OF THE EIGHTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, OCTOBER 17, 1803. MONDAY, October 17, 1803. This being the day appointed by a Proclama'tion of the President of the United States, of the sixteenth of July last, for the meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit: From New Hampshire-Silas Betton, Clifton Claggett, David Hough, Samuel Hunt, and Samuel Tenney. From Massachusetts-Phanuel Bishop, Manasseh Cutler, Jacob Crowninshield, Richard Cutts, Thomas Dwight, William Eustis, Seth Hastings, Nahum Mitchell, Ebenezer Seaver, William Stedman, Samuel Taggart, Joseph B. Varnum, Peleg Wadsworth, and Lemuel Williams. From Rhode Island-Nehemiah Knight, and Joseph Stanton. From Connecticut-Samuel W. Dana, John Davenport, Calvin Goddard, Roger Griswold, and John C. Smith. From Vermont-William Chamberlin, Martin Chittenden, James Elliot, and Gideon Olin. From New York Gaylord Griswold, Josiah Hasbrouck, Henry W. Livingston, Andrew McCord, Samuel L. Mitchill, Beriah Palmer, Thomas Sammons, Joshua Sands, David Thomas, Philip Van Cortlandt, and Daniel C. Verplanck. From Pennsylvania-Isaac Anderson, David Bard, Robert Brown, Joseph Clay, Frederick Conrad, William Findley, Andrew Gregg, John A. Hanna, Joseph Heister, William Hoge, Michael Leib, John Rea, Jacob Richards, John Smilie, John Stewart, Isaac Van Horne, and John Whitehill. From Delaware-Cæsar A. Rodney. From Maryland-John Campbell, Wm. McCreery, Nicholas R. Moore, Joseph H. Nicholson, and Thomas Plater. From Virginia-Thomas Claiborne, Matthew Clay, John Dawson, John W. Eppes, Peterson Goodwyn, Edwin Gray, Thomas Griffin, David Holmes, John G. Jackson, Walter Jones, Joseph Lewis, jun., Thomas Lewis, Anthony New, Thomas Newton, jr., John Randolph, jun., Thomas M. Randolph, John Smith, James Stephenson, and Philip R. Thompson. From Kentucky-George Michael Bedinger, John Boyle, John Fowler, Matthew Lyon, Thomas Sanford, and Matthew Walton. liam Kennedy, Nathaniel Macon, Richard Stanford, Marmaduke Williams, Joseph Winston, and Thomas Wynns. William Dickson, and John Rhea. From South Carolina-William Butler, Levi Casey, John Earle, Wade Hampton, Benjamin Huger, Thomas Moore, and Richard Winn. From Ohio-Jeremiah Morrow. And a quorum, consisting of a majority of the whole number, being present, the House proceeded, by ballot, to the choice of a Speaker; and upon examining the ballots, a majority of the votes of the whole House was found to be in favor of NATHANIEL MACON, one of the Representatives from MACON was conducted to the Chair, from whence the State of North Carolina: Whereupon, Mr. he made his acknowledgments to the House, as follows: The House proceeded, in the same manner, to the appointment of a Clerk; and upon examining the ballots, a majority of the votes of the whole House was found in favor of JOHN BECKLEY. The oath to support the Constitution of the United States, as prescribed by the act entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. NICHOLSON, one of the Representatives from the same oath or affirmation was administered by the State of Maryland, to the SPEAKER; and then Mr. SPEAKER to all the members present. WILLIAM LATTIMORE having also appeared, as the Delegate from the Mississippi Territory, the said oath was administered to him by the SPEAKER. The same oath, together with the oath of office prescribed by the said recited act, was also administered by Mr. SPEAKER to the Clerk. Ordered, That a message be sent to the Senate, From North Carolina-Nathaniel Alexander, Willis to inform them that a quorum of this House is Alston, jun., William Blackledge, James Holland, Wil-assembled, and have elected NATHANIEL MACON, one of the Representatives for North Carolina, their Speaker; and that the Clerk of this House do go with the said message. A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business; and that, in the absence of the VICE PRESIDENT of the United States, the Senate have elected the honorable JOHN BROWN their President, pro tempore. Resolved, That Mr. J. RANDOLPH, jun., Mr. R. GRISWOLD, and Mr. NICHOLSON, be appointed a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them. Ordered, That the rules and orders, established by the late House of Representatives, shall be deemed and taken to be the rules and orders of proceeding to be observed in this House, until a revision or alteration of the same shall take place. Ordered, That a committee be appointed to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House; and that Mr. EUSTIS, Mr. New, and Mr. HUGER, be the said committee. The following committees were appointed pursuant to the standing rules and orders of the House, viz: Committee of Elections—Mr. FINDLEY, Mr. GODDARD, Mr. M. CLAY, Mr. HUNT, Mr. VARNUM, Mr. LIVINGSTON, and Mr. KENNEDY. OCTOBER, 1803. as the members, respectively, shall choose, to be delivered at their lodgings; and that if any member shall choose to take any newspaper other than a daily paper, he shall be furnished with as many of such papers as shall not exceed the price of a daily paper. A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with the committee appointed on the part of this House, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them. Resolved, That, unless otherwise ordered, the daily hour to which the House shall stand adjourned, during the present session, be eleven o'clock in the forenoon. Mr. DAWSON, after a few preliminary observations, offered to the House the following resolution: 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 article be proposed to the Legislatures of the several States, as an amendment to the 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, viz: That, in all future elections of President and Vice President, the persons shall be particularly designated, by declaring which is voted for as President, and which as Vice President. the Committee of the Whole House on the state Ordered, That the said motion be referred to of the Union. Committee of Claims-Mr. J. C. SMITH, Mr. The SPEAKER laid before the House sundry paGREGG, Mr. PLATER, Mr. HOLMES, Mr. T. MOORE, Mr. CHAMBERLIN, and Mr. BEdinger. pers transmitted to him from Kenawha county, in Committee of Commerce and Manufactures- the State of Virginia, touching the election of Mr. S. L. MITCHILL, Mr. DANA, Mr. CROWNIN-Thomas Lewis, one of the members returned to SHIELD, Mr. MCCREERY, Mr. LEIB, Mr. NEWTON, read, and ordered to be referred to the Committee serve in this House, for the said State; which were and Mr. WYNNS. A message from the Senate informed the House that the Senate have resolved that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly. The House proceeded to consider the foregoing resolution of the Senate. Ordered, That the farther consideration thereof be postponed until Thursday next. The House then proceeded. by ballot, to the appointment of a Sergeant-at-Arms to this House; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOSEPH WHEATON. THOMAS CLAXTON was appointed Doorkeeper, and THOMAS DUNN Assistant Doorkeeper. Ordered, That the Clerk of this House cause the members to be furnished, during the present session, with three newspapers to each member, such of Elections. Mr. JOHN RANDOLPH, jr., from the joint comUnited States, and notify him that a quorum of mittee appointed to wait on the President of the the two Houses is assembled, and ready to receive any communication he may be pleased to make to them, reported that the committee had performed that he would make a communication to this House, that service, and that the President signified to them to-day, in writing. A Communication was received from the PRESIDENT OF THE UNITED STATES to the two Houses of Congress. The said Communication was read, and referred to the Committee of the whole House on the state of the Union. [See Senate Proceedings of this date, for the Message, ante page 11.] TUESDAY, October 18. Several other members, to wit: from Pennsylvania, JOHN B. C. LUCAS; from Maryland, DANIEL HEISTER; from Virginia, JOHN CLOPTON, and JOHN TRIGG; from North Carolina, SAMUEL D. PURVIANCE; and from Georgia, DAVID MERIWETHER; appeared, produced their credentials, were qualified, and took their seats in the House. Resolved, That a committee be appointed to inquire whether any, and what, amendments are necessary to be made in the acts establishing a post office and post roads within the United States; and that the said committee have power to report by bill, or otherwise. Ordered, That Mr. THOMAS, Mr. WALTON, Mr. HANNA, Mr. WADSWORTH, and Mr. ALEXANDER, be appointed a committee, pursuant to the said resolution. any Resolved, That a committee be appointed to inquire and report, by bill or otherwise, whether further provisions are necessary for the more effectual protection of American seamen. Ordered, That Mr. NICHOLSON. Mr. EUSTIS, Mr. SANDS, Mr. HAMPTON, Mr. KNIGHT, Mr. EPPES, and Mr. JOSEPH CLAY, be appointed a committee, pursuant to the said resolution. The SPEAKER laid before the House a letter from the Clerk, accompanying a memorial of Samuel J. Cabell, of Amherst county, in Virginia, with sundry depositions and other papers relating to the contested election of Thomas M. Randolph, one of the members returned to serve in this House for the district composed of the counties of Albemarle, Amherst, and Fluvanna, in the said State; likewise, sundry other depositions and papers in the case of the contested election of Thomas Lewis, another of the members returned to serve in this House for the said State of Virginia, which were addressed to him during the late recess of Congress; and also the copy of a contract entered into by him for printing certain documents, in pursuance of a resolution of this House, of the twenty-fifth of February last. The memorial of Samuel J. Cabell was read, and, together with the depositions and other papers relating to the contested elections of members for Virginia, ordered to be referred to the Committee of Elections. PRESIDENT'S MESSAGE. The House resolved itself into a Committee of the Whole on the state of the Union; and, after some time spent therein, the Committee rose and reported the following resolutions: H. OF R. Ordered, That Mr. JOHN RANDOLPH, jr., Mr. NICHOLAS R. MOORE, Mr. GAYLORD GRISWOLD, Mr. CROWNINSHIELD, Mr. BLACKLEDGE, Mr. RODNEY, and Mr. JOHN RHEA, of Tennessee, be appointed a committee pursuant to the first resolution. WEDNESDAY, October 19. Another member, to wit: PETER EARLY, from Georgia, appeared, produced his credentials, was qualified, and took his seat in the House. Ordered, That Mr. JOHN CAMPBELL, Mr. HOUGH, Mr. CLOPTON, and Mr. STANFORD, be added to the committee appointed yesterday, to inquire whether any, and what, amendments are necessary to be made in the acts establishing a post office and post roads within the United States. AMENDMENT TO THE CONSTITUTION. The House resolved itself into a Committee of the Whole on the proposition amendatory to the Constitution, offered on Monday by Mr. DAWSON, as follows: tives of the United States of America, in Congress Resolved, by the Senate and House of Representaassembled, two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by threefourths of the said Legislatures, shall be valid to all intents and purposes, as part of the said Constitution, namely: "That in all future elections of President and Vice President, the persons voted for shall be particularly designated, by declaring which is voted for as President, and which as Vice President." Mr. NICHOLSON said, the proposition now under consideration contemplated an important amendment of the Constitution, and he thought it the duty of the House to render it so plain and intelligible, that hereafter no room should be left for doubt. The circumstances attending the elec tion of the present Chief Magistrate were uncommon in their nature, and he believed had left an almost universal impression upon the public mind, that some amendment to the Constitution should be adopted. In doing this, however, it was necessary that the amendment should clearly and precisely express the meaning of those who are to adopt it as a rule for the future government of their conduct. The motion before the committee was sufficiently correct as far as it went, but, in his opinion, if that alone were to be agreed to, the Constitution itself would be extremely equivocal, and future Legislatures would be involved 2. Resolved, That so much of the President's Mes- in difficulties not very far inferior to those from sage as relates to the adopting of measures for prevent- which we are anxious to relieve them. The Coning the flag of the United States from being used by stitution, as it now stands, provides that the Elecvessels not really American, be referred to the Com-tors shall assemble and vote for two persons, that mittee of Commerce and Manufactures. 1. Resolved, That so much of the President's Message as relates to the regulations proper to be observed by foreign armed vessels within the jurisdiction of the United States; to the restraining of our citizens from entering into the service of the belligerent Powers of Europe; and to the exacting from all nations the observance, towards our vessels and citizens, of those principles and practices which all civilized people acknowledge; be referred to a select committee. 3. Resolved, as the opinion of this committee, That so much of the Message of the President of the United States as relates to our finances, ought to be referred to the Committee of Ways and Means. The House proceeded to consider the said resolutions, and the same being again read, were agreed to by the House. the votes thus given shall be sealed up and sent to the President of the Senate, and by him shall be opened in presence of both Houses of Congress, and that the person having the greatest number of votes, if such number be a majority of all the Electors appointed, shall be the President; but if more than one have an equal number, then the House of Representatives is to choose one of them as President; and if no person has a majority, then the House are to choose from the five highest on the list one of them as President. In all cases, however, it is further provided, after the choice of a President, the person having the greatest number of votes shall be the Vice President. Thus the Constitution now stands; but if it is amended in the manner proposed, it may be extremely uncertain what part of the original Constitution is annulled, and what is to remain in force. These are to be left to future construction. To make himself more fully comprehended, Mr. N. said he would suppose a case. After adopting the proposed amendment, A and B being voted for as President, have an equal number of the votes of the Electors, neither having a majority, and C and D have an equal number of votes; neither of these having a majority. In such an event, the Constitution as it now stands provides that the House of Representatives shall choose a President from the five highest on the list, and unless this provision is annulled by the amendment now proposed, a person voted for by the Electors, as Vice President, may be chosen by this House as President. Again, A and B being voted for as President, have an equal number of votes, but neither of them has a majority; C, D, and E, being voted for as Vice President, have likewise an equal number of votes, but neither of them have as great a number as the two first. Here, agreeably to the Constitution as it now stands, after the President is chosen, the person having the greatest number of votes is to be the Vice President, and of course the choice must fall upon a man who has not been voted for by the Electors as Vice President, but upon one who has been voted for as President. If these difficulties occur at this time, they will certainly present themselves with much more force, when the facts alluded to happen; and that they may happen no one can deny. To prevent these difficulties, Mr. N. said, was his object, and for this purpose he had prepared an amendment to the proposition under consideration. Too extensive a latitude of construction, he had always thought dangerous; as a very great difference of construction might hon estly be given by different men. The committee would discover, after hearing the amendment which he was about to offer, that although he might be mistaken in the opinions he had offered, yet the safest course would be to adopt it. He was anxious to prevent all possibility of doubt on future occasions, and to make that clear and unequivocal, which in his opinion would otherwise be involved in obscurity. He then offered the following amendment to the proposition originally moved by Mr. DAWSON "The person voted for as President, having the greatest number of votes, shall be the President, if such number be a majority of all the Electors appointed; and if no person have such majority, then from the five highest on the list of those voted for as President, the House of Representatives shall immediately choose by ballot one of them as President. And in every case, the person voted for as Vice President having the greatest number of votes, shall be the Vice President. But OCTOBER, 1803. if there should be two or more who have equal votes, the Senate shall choose one of them for Vice President." Mr. DAWSON observed that the resolution offered by him was, in his opinion, sufficiently clear and precise. But as the gentleman from Maryland (Mr. NICHOLSON) thought otherwise. he had no objection to the amendment proposed by him. Mr. CLOPTON said, that he approved of the principle introduced in the amendment proposed by the gentleman from Maryland, (Mr. NICHOLSON,) but he considered the amendment as liable to some objection; that it was susceptible of objection inasmuch as it proposed to extend to this House a right of deciding the election, by choosing a President among five persons in case an event should happen so as to render their decision necessary; and that the same objection might be raised to that part of it which related to the election of Vice President, in case the interposition of the Senate should become necessary for that purpose. He said that, if the gentleman from Maryland would permit the word "five" to be struck out, and the word "two" to be inserted, he thought the amendment would then be more conformable to the principles of a representative Government. Mr. C. said, that the reason which induced the extension of a right to make a legislative decisión from the five highest on the list, in case no person should have a majority of electoral votes, arose from a circumstance, which could not happen if the proposed amendment to the Constitution should be adopted. He said the circumstance he alluded to was, that under the existing mode, which requires each Elector to vote for two persons indiscriminately, without designating whether for President or for Vice President, there might be four persons, each of whom might have a number of votes, but a little less than a majority of the whole number of Electors appointed; and it might so happen that five persons might have a number equal to two-fifths of the whole number. He said that, therefore, it appeared proper to him that the right of choosing from the five highest on the list should be extended to the Legislature under the existing mode, as two-fifths were so considerable a proportion of the whole number; but, if the proposed amendment (which requires that the persons voted for should be designated whether voted for as President or as Vice President) should be adopted, the reason which existed and heretofore rendered the provision a proper one, will then entirely cease; for each of even two persons cannot then have a majority of the whole number of electoral votes, either on the list designated for President or on the list designated for Vice President. As, therefore, the operation of the resolution, if agreed to and adopted as an amendment to the Constitution, will so materially differ from the operation of the existing mode, he thought the alteration he proposed to the amendment of the gentleman from Maryland would be expedient. He said he begged leave to state a case, which might happen even at the next election, if that amendment should be introduced into the resolution without the alteration he proposed. He said that, at the next election, there will be |