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.

Resolved, That a committee be appointed to inquire and report, by bill or otherwise, whether any 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:

1. Resolved, That so much of the President's Mes

sage 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.

2. Resolved, That so much of the President's Message as relates to the adopting of measures for preventing the flag of the United States from being used by vessels not really American, be referred to the Committee of Commerce and Manufactures.

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.

H. OF R.

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 their conduct. The motion before the committee to adopt it as a rule for the future government of 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 in difficulties not very far inferior to those from The Conwhich we are anxious to relieve them. stitution, as it now stands, provides that the Electors shall assemble and vote for two persons, that 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 honestly 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 decision 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

H. of R.

the associate of Hancock, shared with him the honor of being proscribed by a flagitious Ministry, whose object was to triumph over the liberties of their country, by trampling on those of her colonies. With his great compatriot he made an early and decided stand against British encroachment, whilst souls more timid, were trembling and irresolute. It is the glorious privilege of minds of this stamp to give an impulse to a people and fix the destiny of nations.

Mr. R. said, that he felt himself every way unequal to the attempt of doing justice to the merits of their departed countryman. Called upon by the occasion to say something, he could not have said less. He would not, by any poor eulogium of his, enfeeble the sentiment which pervaded the House, but content himself with moving the following resolution:

Resolved, unanimously, That this House is penetrated with a full sense of the eminent services rendered to his country in the most arduous times by the late Samuel Adams, deceased; and that the members thereof wear crape on the left arm for one month, in testimony of the national gratitude and reverence towards the memory of that undaunted and illustrious patriot. Mr. ELLIOT spoke as follows:

Mr. Speaker: If any apology could be necessary for a new member, unversed in Parliamentary proceedings, to offer for rising so early in the session, it would be, that the topic which arrests his attention is connected with the illustrious and ever memorable name of Samuel Adams. The eloquence of the gentleman from Virginia I shall not attempt to rival; his remarks were peculiarly impressive, and the more so from his remarking that he was unable to do justice to the subject. I have been extremely affected by his calling the attention of the House to the circumstance that the name of that patriot was united with that of John Hancock, in an exemption from the general pardon which the British Government offered to those American revolutionists, whom they dared to style rebels. The longer I should address the House upon this subject, the more feeble would be my language, as the greater would be my sensibility. I shall, therefore, only furthe observe, that I shall most cordially support the motion of the gentleman from Virginia.

The question was then taken on Mr. RANDOLPH's motion; which was agreed to unanimously.

Mr. NICHOLSON observed that, on occasions like the present, it had been usual for the House to adjourn. He, therefore, moved an adjournment; which was carried.

THURSDAY, October 20.

Several other members, to wit: from Massachusetts, SAMUEL THATCHER; from New York, JOHN SMITH; and from Maryland, JOHN ARCHER; appeared, produced their credentials, were qualified, and took their seats in the House.

The House then proceeded, by ballot, to the appointment of a Chaplain to Congress, on the part of this House; and, upon examining the ballots,

OCTOBER, 1803.

a majority of the votes of the whole House was found in favor of the Rev. WILLIAM PARKINSON. Mr. New, from the committee appointed, on the seventeenth instant, to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House, made report; which was read, and ordered to be referred to a Committee of the Whole House on Monday next. Mr. NICHOLSON said, that during the last session the House had voted an impeachment against John Pickering, judge of the district court for NewHampshire, for high crimes and misdemeanors. But the impeachment had been voted at so late a period of the session, as rendered it impossible to act then finally upon it. In order that it might be now acted upon, and the impeachment proceed, he moved the appointment of a committee, to prepare articles of impeachment, with power to send for persons, papers, and records.

The motion was immediately taken up, agreed to and a committee of five appointed viz: Messrs. NICHOLSON, J. RANDOLPH, R. GRISWOLD, EARLY, and THATCHER.

AMENDMENT TO THE CONSTITUTION.

Mr. NICHOLSON, after making a few preliminary remarks, moved to discharge the Committee of the Whole from the further consideration of the propositions amendatory of the Constitution of the United States; which motion was agreed to.

Mr. N. then moved a reference of the propositions to a committee of seventeen, composed of one member from each State; which motion was agreed to, and the following members named of the committee: Messrs. Dawson, Betton, Butler, Stanton, Dana, Elliot, J. Smith of New York, Smilie, Rodney, Nicholson, Stanford, Blackledge, G. W. Campbell, Winn, Meriwether, Morrow, and Lattimore.

Mr. HUGER observed it would be recollected, by those gentlemen who had been members of the preceding Congress, that the propositions to designate the President and Vice President, in future elections, had originated in the State of New York,

and been submitted to the consideration of Congress, in a resolution to that effect, from the Legislature of that respectable State. It would be recollected however by gentlemen, that the resolution in question, which had just been committed to a select committee, was accompanied by another, having for its object to divide the United States into election, and, to a certain extent, permanent districts, in all future Presidential elections; he thought therefore that, from respect to the State of New York, the latter as well as the first proposition should receive the attention of the House, and be equally referred to the select committee. He professed himself indeed to have little inclination or rather a great disinclination to make any changes in the Federal Constitution. He was sincerely attached to and perfectly satisfied with it as it now stands. The prosperity we had enjoyed under it, and the experience we had, made it a matter of great doubt with him, whether we should not lose more than we should gain by any alteration of this our great bond of Union. Nevertheless, as he was

aware that a change in the Constitutional provision for electing the President and Vice President was a favorite point with many gentlemen, and from everything he could collect would in some shape or other be effected, he thought, as he had before observed, that respect alone for the State in which the business had originated, should lead us to take up and consider both of the resolutions recommended to us by New York. He would acknowledge, moreover, that his impressions were in general favorable to district elections. But as he presumed there would be no opposition to the motion for a reference to the committee of the resolution he held in his hand, he should not enter into any further argument in support of it. He would simply move, that the following resolution be submitted to the consideration of the select committee which had just been raised, viz:

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 threefourths of the said Legislatures, shall be valid as part of the Constitution, to wit:

That the State Legislatures shall, from time to time, divide each State into districts, equal to the whole number of Senators and Representatives from such State in the Congress of the United States; and shall direct the mode of choosing an Elector of President, and Vice President in each of the said districts, who shall be chosen by citizens having the qualifications requisite for Electors of the most numerous branch of the State Legislature; and that the districts so to be constituted, shall consist, as nearly as may be, of contiguous territory and of equal proportion of population, except where there may be any detached portion of territory, not of itself sufficient to form a district, which then shall be annexed to some other portion nearest thereto; which districts, when so divided, shall remain unaltered until a new census of the United States shall be taken.

The resolution was referred to the aforesaid committee-yeas 63.

Before the question of reference was taken, Mr. VARNUM inquired whether the concurrence of two-thirds, or of a simple majority, was required on points preliminary to the final adoption of

amendments to the Constitution.

The SPEAKER observed that, according to the usage of the House, a simple majority was competent.

FRIDAY, October 21.

Two other members, to wit: from New York, JOHN PATTERSON and ERASTUS ROOT, appeared, produced their credentials, and took their seats in the House.

H. OF R.

to enable him to increase the number of his attendants.

A message from the Senate informed the House that the Senate have appointed the Rev. Dr. GANTT, a Chaplain to Congress, on their part.

SATURDAY, October 22.

The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States: In my communication to you of the 17th instant, I informed you that Conventions had been entered into with the Government of France for the cession of Louisiana to the United States. These, with the advice and consent of the Senate, having now been ratified, and my ratification exchanged for that of the First Consul of France, in due form, they are communicated to you for consideration in your Legislative capacity. You will observe that some important conditions cannot be carried into execution, but with the aid of the Legislature; and that time presses a decision on them without delay.

The ulterior provisions, also suggested in the same communication, for the occupation and government of the country, will call for early attention. Such information relative to its government, as time and distance have permitted me to obtain, will be ready to be laid before you within a few days. But, as permanent arrangements for this object may require time and deliberation, it is for your consideration whether you will not, forthwith, make such temporary provisions for the preservation, in the meanwhile, of order and tranquillity in the country, as the case may require.

OCT. 21, 1803.

TH. JEFFERSON.

Mr. HUGER hoped the reading of the treaty and conventions would be dispensed with, and that they would be printed for the use of the members. Mr. RANDOLPH hoped they would be read. The reading of course was proceeded with, which being finished,

Mr. RANDOLPH moved a reference of the Message, and of the documents accompanying it, to the whole House on Monday; which motion was agreed to without a division.

Mr. RANDOLPH begged leave to submit a resolution, arising out of the Message, which he hoped would be considered at that time, for the purpose of referring it to the same committee to whom had been just referred the Message:

Resolved, That provision ought to be made for carrying into effect the treaty and convention concluded at Paris on the 30th April, 1803, between the United States of America and the French Republic.

Referred to the same committee, without a division.

Mr. LEIB said that during the last session a bill had passed the House for reducing the Marine Corps, but which had been arrested in the Senate. From the present circumstances of the country, it appeared to him a proper subject for consideration. He therefore submitted the following motion: