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raise armies, and emit money, both high Legislative acts?

Mr. WRIGHT.-The gentleman is wholly mistaken; the several States raised armies, and moneys were raised by State contributions-all the power they had was to recommend to the States and make requisitions upon the State grants.

The question on inserting the number three was put (at ten minutes past 8 o'clock, P. M.) and carried-21 yeas, 11 nays.

Mr. DAYTON asked if the question could be taken on the whole of the designating amendment, without deciding upon the remainder of the report ?*

Mr. BUTLER. You assuredly cannot decide upon the first part without deciding upon the whole of the report, unless you do it by power; and you can do anything, as Judge Blackstone says, by power, but make a man of a woman. Power, however, appears to be the order of the day; though he hoped the Chair will do so much justice to himself as to acknowledge that we have been hitherto in a Committee of the Whole. Some gentlemen had spoken as often as nine or ten times in the debate, and in the House that would have been contrary to order. The object of his wishes was to probe innovation. If we have hitherto been in a Committee of the Whole, as this is only a part of the report, of course it will stand as it is, and we may proceed to the remainder of the report-though, from what he had already seen, he did not expect the indulgence that he thought was due to every member of that House; and it was not impossible that it meant to press into a different course. If so, gentlemen should look to what the people of the United States would say, when they see the doors closed against all dispassionate discussion, and all opportunities open to one side of the House. There was an example of this kind given by a gentleman (Mr. CoCKE) who, after making a speech of an hour, sits down and roars out, the question! the question! Unless gentlemen mean to practice the same indelicacy as two hours ago.

The PRESIDENT wished to interrupt the gentleman for a moment barely to inform him that the question has never been before a Committee of the Whole.

A desultory conversation on the point of order

*This question has reference to the following amend ment proposed by Mr. Butler, for limiting the period for which a President should be elected, and which was not acted upon :

"Resolved, That the following amendment 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, to wit:

"That no person who has been twice successively elected President of the United States, shall be eligible 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."

DECEMBER, 1803.

here took place, in which Messrs. NICHOLAS, BUTLER, TRACY, S. SMITH, DAYTON, TAYLOR, FRANKLIN, HILLHOUSE, and ADAMS, spoke a few moments each. In which it was contended that the first amendment could not be decided on without first deciding on the second amendment, which was reported by the same committee.

On the other side it was maintained that the amendment for designation was a separate proposition, and might be voted upon, whether the other was voted upon or not; that the other amendment might be called up at any time without interfering with the principle or the passage of that now before the House.

The PRESIDENT decided that the question now was on agreeing to the resolution as amended. Upon which the yeas and nays were demanded, and were as follows:

YEAS-Messrs. Anderson, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, I. Smith, S. Smith J. Smith, Stone, Taylor, Worthington, Wright-22.

NAYS-Messrs. Adams, Butler, Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, White-10. Mr. ADAMS thought it proper for him at this stage to notice some observations directed to him. It had been presumed that he had expressed some solicitude about the election of a federal Vice President; he had expressed nothing which could countenance a solicitude about the election of a federal or anti-federal Vice President; but he had indeed noticed that the amendment appeared to him as intended directly to affect the next election; though at the same time as far as related to himself he turned out of the consideration every idea of its effect on any single case; he looked to it as it would affect a century to come-he never meant to take the diameter of the earth for the measure of a barleycorn.

The gentleman from Maryland (Mr. WRIGHT) had charged him with pouring out the vials of his wrath on Virginia; he was not conscious of uttering any degree of wrath against Virginia, and could not be persuaded that he had uttered what he certainly never felt; so far from wrath, he had ever entertained for that State the highest respect, as producing the greatest men of our Revolution. It was true, indeed, that when he heard a gentleman from that State holding forth what he had then considered as a menace, he had with the mould and process of the measure befelt some irritation; and when he compared it fore us, that was increased; and had he not been quent explanations, he should have entertained a convinced that no menace was intended, by subseserious alarm. His impressions were generally on the subject, that no regard had been paid to the permanent operation of the measure, but that all argument had been drawn from the last, and all consequences are calculated for the next election. From the open avowal of the gentleman from Maryland (Mr. S. SMITH) to the labored, ingenious, and eloquent arguments of the gentleman from Virginia, (Mr. TAYLOR,) all had this tendency and that view only.

DECEMBER, 1803.

Amendment to the Constitution.

SENATE.

To the designating principle itself he had no Congress have no influence on the votes of the objection, and believed it calculated to be pro- States? Will the Legislatures not say two-thirds ductive of good. But when he heard gentlemen of both Houses of Congress passed it, and they talk of the jealousy of States, he had little ex- would not deem it necessary if it was not good? pected to find a mixture of argument drawn from But here we have Legislatures prompting us to English corruptions and degeneracy, applied to this measure, and it goes back to them again for our home institutions. When jealousy of Execu- their decision; that this is a measure, a measure tive power was spoken of, so much like the un-in a hoop, it comes and goes whence it came. meaning noise out of doors, he had expected that after adding fifteen millions to the public debt at a blow; when eighty thousand men were proposed to be placed at the will of the Executive; when by four short lines the whole of the arbitrary power of the Spanish King over his subjects in Louisiana was transferred to the Executive, with all the consequent patronage, he did not expect to hear armies, debts, and patronage, introduced in the debate. When declamation of this kind is given, the best return that can be expected is declamation of the same species.

the exclusion bill went to the total exclusion of the sect of Popish recusants.

The gentleman complains of attacks made on Virginia, it was never meant to reproach Virginia. But the gentleman tells us we must make an exclusion bill, and he tells you of the consequences if you do not, in order to induce you to pass it. He admired the gentlemanly manner, the openness and good nature, and he was certain that he never meant to kill us outright, but he will exclude us. We know very well what was intended by the bill for the exclusion of Popish recusants, and that with regard to the objects of the measure we stand precisely in their place. This was the very conMr. S. SMITH had not intended at any hour to dition of the gentleman; he supposed a minority have taken a further part in this debate; but when had no rights, beside that of being trampled upon, he found gentlemen resorting to stratagem when and he is for bringing in a bill of exclusion. He sound argument failed them, and words and sen- says he does not quote words; he caught ideas, not timents are tortured from their intention, he could words. He has given a key for his ideas, they not remain silent. It requires very little inge-go to the extirpation of the sect of Federalists, as nuity to lop off a part of a sentence, even in scripture, and to make the remainder blasphemy; though the whole sentence as written were the If gentlemen wish to shake the Constitution to most solemn truth. The gentleman from New pieces, if majorities must decide everything, why Jersey (Mr. DAYTON) thinks it consistent, per- not go at once to a simple democracy? There haps, to construe words which never had that were many who did not think the Constitution meaning as a threat. He would beg leave to no- sufficiently democratical. The gentleman thinks tice a mistake of the gentleman from Massachu- so perhaps, for he tells us that a Constitution may be setts, (Mr. ADAMS) who had charged him with preserved while the liberties of the people are dean open avowal that the sole object of the amend-stroyed; he wishes you to go to the spirit which ment was to preclude the election of a Vice Pres- is democracy, and against which we guard. But ident. He had said that it would certainly have he would not consent to go to that spirit for his that effect; and that the effect would be proper remedy. and conformable to the spirit and intention of the Constitution; and he approved of it for that reason; for, under the existing mode the people, who wished to secure a proper person, or that person in whom they have the greatest portion of confidence. would be obliged to throw their votes away, and make no choice of the second officers, or leave the choice to chance. But how could the gentleman say himself, or think him guilty of the absurdity of supposing, that this amendment originated and was conducted solely with a view to the next election, and that only; or that all arguments were drawn from the last election? If he recollected correctly, the subject of this amend ment was brought forward several years ago, by the representative of a small Eastern State, Mr. ABIEL FOSTER of New Hampshire. At that period those persons were of the predominant party. But they tell us it was not then carried. And why not? Most probably because they could not find members convinced of its necessity. It was proposed before the last election, and that event has convinced every one who before doubted. After all, if the Legislatures do not think proper to adopt it, it cannot pass.

Mr. TRACY.-We are told this is a proposition for the Legislatures; but will its passage through

Mr. BRECKENRIDGE. The gentleman last up had insisted on two or three arguments before repeated, that he thought proper to notice him. He insinuates that we are destroying principles. But the gentleman has lost sight of the amendment altogether, where no principle is in the smallest degree violated. He has indirectly questioned the democratic principles of the Constitution; but in the course of three weeks' discussions, for the first time he had heard anything even glancing at a denial of the people's right to choose the Executive though the medium of Electors. What is this clamor about large and small States? It has nothing to do whatever with the question. The true and only point is, what will be the best mode of effectuating the choice? We hold that the amendment is that best mode. If any principle is more sacred and all-important for free government it is, that elections should be as direct as possible; in proportion as you remove from direct election you approach danger. And if it were practicable to act without any agents in the choice, that would be preferable even to the choice by Electors. But if you wish to elect A, and you are so placed as that B is elected contrary to your wishes, can you say that this is a reasonable and just process? Has it not always been insisted that

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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 gentleman 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

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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 a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not 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:

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

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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 cominitted 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 a part in these transactions, has merited entire approbation.

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 temperate and correct course pursued by our the seat of Government of the United States, directed Consul, Mr. Simpson, the promptitude and energy of to the President of the Senate. The President of the Commodore Preble, the efficacious co-operation of CapSenate shall, in the presence of the Senate and House tains Rodgers, and Campbell, of the returning squadron, of Representatives, open all the certificates, and the the proper decision of Captain Bainbridge, that a vesvotes shall then be counted. The person having the sel which had committed an open hostility, was of right greatest number of votes for the President, shall be the to be detained for inquiry and consideration, and the President, if such number be a majority of the whole general zeal of the other officers and men, are honoranumber of Electors appointed: and if no person have ble facts, which I make known with pleasure. And to such majority, then, from the person having the high-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.

Ordered, That the last resolution reported by the committee, appointed on the 22d of October 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 unappropri ated 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, WrightT, 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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