port; he alluded to the amendment respecting the suability of States.

It had been repeatedly acknowledged, Mr. S. said, by gentlemen on all sides of the House, that the Constitution of the United States was an affair of compromise the result of a spirit of amity and mutual concession. But was there a gentleman on that floor who could inform what were

the precise terms to that compromise? What sacrifices were made? What equivalents were given? If so, he would thank him to state to the House what mighty boon was accorded to the eastern section of the nation in return for that remarkable provision of the Constitution, which permits slaves to become a basis of representation in that House, and which indeed renders them no inefficient agents even in the choice of the Chief Magistrate himself. For his part, Mr. S. said, he would confess he knew not what recompense could have been adequate to so extraordinary a concession. In truth, neither he nor any other member present could declare the exact manner in which the jarring interests, the conflicting claims of the several States, were adjusted in Convention. It, therefore, became a matter not only of delicacy but of extreme hazard, to touch the instrument with ever so slight a hand, lest the arrangement, thus happily made, should be broken down and destroyed.

Mr. S. said, he had ever understood the smaller States were, in Convention, peculiarly tenacious of that particular provision in the Constitution which was now proposed to be modified. The reasons were apparent and they had been so clearly and forcibly stated by the gentleman who had preceded him, that it was quite unnecessary for him to detain the House upon that point. The consequence of those States, in the election of President, was thereby, in some measure, preserved; they were enabled, in some degree, to counteract any combination which might be formed between four or five of the larger States to keep the office of Chief Magistrate in perpetual rotation among themselves. But, Mr. S. said, cogent as these reasons were, he apprehended they were not the only object of the provision. He said, it was no doubt desirable that the Executive power of the Government should be vested in an individual; but the Convention must have perceived, as indeed it was very obvious, that such an office in an elective Government must become a prodigious lure to ambition; that as the power, the patronage, the duration, and the emoluments of the office were augmented, in the same proportion would be the violence of competition between rival candidates, in the same proportion would the order and tranquillity of the nation be endangered at the return of every election. This evil, so formidable in its nature, if not rescinded, is at least mitigated by the existing provision of the Constitution. For, while it effectually secures to the nation an eventual choice, it places it wholly beyond the reach of any candidate to calculate confidently on the issue of his pretensions. Such an uncertainty, arising not from the casualties incident to ordinary elections, but from the circum

OCTOBER, 1803.

stance that even a majority of the electoral votes may not ultimately secure the office, must ever form a powerful check to corrupt or ambitious views. The aspiring demagogue, willing to barter wealth for distinction, would hardly be induced to lavish his treasures upon so hazardous an experiment. And even the man in possession of the office would scarcely be tempted to use unworthy means to retain it, when its preservation must be so much a thing of chance. It was, (Mr. S. said,) to complete this refined process; to complicate it in such a manner as to effectuate this great object alone, that the office of Vice President was instituted. And I demand of gentlemen what apology they will make to the American people for retaining this officer if the present amendment is to prevail? What duties has he to perform other than such as are devolved upon the Speaker of the House? Why will you pay him five thousand dollars, annually, merely to preside in the deliberations of the Senate, who might as well elect one of their own body for that purpose? And why, sir, will you keep here a high officer, with a liberal salary, for no other earthly purpose than to enable him, from his proximity to the Government, to cabal with greater effect for the succession? If pretensions to economy rest not solely in profession, gentlemen will now abolish this sinecure; they will finish their amendment by expunging the office of Vice President from the Constitution.

Mr. S. said he would close his remarks by seriously asking gentlemen whether the present resolution had not grown out of an overweening anxiety to secure, at all hazards, the re-election of the present Chief Magistrate ?

The SPEAKER said it was improper to introduce the Chief Magistrate into the debate.

Mr. SMITH said he was not about to speak disrespectfully of the President, but he would say that no modification whatever of the Constitution, having for its object either to enlarge the power, or to facilitate the attainment of that office, ought to be attempted, so long as the incumbent, whoever he may be, is considered as a candidate for a re-election. Sir, said Mr. S., I will again ask gentlemen, whether they will suffer themselves to be influenced ou this great question by their predilection for an individual? Are they prepared to immolate the Constitution of their country upon an altar erected to private friendship and personal esteem? Will they remember that the conservative Senate of France "desirous of furnishing a proof of national gratitude," proposed to the French people, to amend their Constitution by creating Napoleon Bonaparte Consul for life! If the two cases are not altogether parallel, who can say there is much difference in principle? And who, sir, will be answerable for the consequences, if the National Legislature will permit themselves to be governed by considerations of a personal nature, when acting upon a subject infinitely momentous, not only to themselves but to remotest posterity ?

Mr. THOMAS said that he was in favor of the amendment as it then stood in the resolution, and

hoped that it would receive the support of a Constitutional majority of that House. At the same time, he confessed that he should have been better satisfied had it gone no further than to designate the President and Vice President, because he

thought the more it was trammelled with detailed

provisions, the greater the hazard of its final ratification by the respective State Legislatures.

He was not at all alarmed at the variety of opinions which had been expressed on that question, even by those in favor of the general principle. On a subject of so much importance to the welfare of this country, it was natural to expect a difference of sentiment, as to its bearings, and the lengths to which it ought to go. He was happy, however, to find the appearance of a disposition on the part of those honorable gentlemen to concur in passing the amendment, since it embraced the important object of designation, although it was not shaped exactly agreeable to their wishes. He rejoiced to find that, with respect to the great principle contained in the resolution, there appeared but one opinion in that House, unless it was from a quarter from whence we look for opposition on all occasions.

On this question, however, said Mr. T., I do confess that I am greatly disappointed in finding two of my honorable colleagues (Mr. LIVINGSTON and Mr. G. GRISWOLD) hostile to this measure; considering that the Legislature of the State from which those gentlemen are Representatives, in January, 1803, unanimously recommended, in the most impressive terms, the adoption of this amendment to our Constitution, notwithstanding at that time a respectable minority of one branch, and a large majority of the other, coincided with those gentlemen in political sentiment. Knowing this, Mr. Speaker, I did expect, and I think I had a right to expect, different conduct on the part of those honorable gentlemen on this occasion. With the permission of the House, he would read a letter addressed to him as a Representative of the State of New York, on that floor, by the President of the Senate, and Speaker of the House of Assembly of that State, enclosing two resolutions, one of which embraced this object.

[Here Mr. T. read the letter alluded to, and then remarked, that it was not his intention to enter into the merits of the question; he only rose with a view to state this circumstance, and to express his disappointment in finding those gentlemen opposed to this amendment.]

(F)

Mr. LIVINGSTON said he should not have risen but for the remark of his colleague, (Mr. THOMAS.) He had, at the time alluded to, the honor to be a member of the Legislature of New York, but he was in a small minority. He had then the same opinion of the majority as at present. He did not, therefore, imagine that anything that came from him would succeed, and did not think it in the least useful to oppose himself to the torrent.

Mr. EUSTIS did not rise to discuss the merits of the amendment, but to answer the call of his colleague, (Mr. HASTINGS.) In 1797, as well as he recollected, the Assembly of Massachusetts instructed their Senators and advised their Repre

H. oF R.

sentatives to vote for an amendment to the Constitution, founded on the same principle with the present amendment. He presumed the gentleman from Massachusetts was ignorant of this fact, or he would not oppose the voice of the people of

that State.

Mr. HASTINGS confessed his ignorance of this circumstance. But, had he known it, he should not have considered himself bound to make sacrifice of his own opinion to such instructions. He had no idea that, when a person was chosen to represent the people, he was under any obligation to pursue a line of conduct contrary to the dictates of his own mind, whatever might be the instructions of his constituents. If, after a thorough consideration of a measure, which he should be thus instructed to vote for, he should be convinced that it would operate against the interest of his constituents, he asked if he were not under a solemn obligation to act in opposition to his instructions? Because such measure, if carried into effect, might operate to the disadvantage, perhaps destruction, of the public good. He would not, however, enter into a discussion of this point, but satisfy himself with saying that, if he was instructed by every free citizen of Massachusetts to vote for a measure, which, after mature reflection, he was convinced would prove injurious, he should pursue the dictates of his own judgment and vote against it.

Mr. DANA. It is extraordinary that the gentleman (Mr. EuSTIS) should rise to make this explanation. Does he mean to say to the Representatives of the people, the State Legislatures may issue their mandates to you, and though they are not your constituents, you shall, nevertheless, obey them? They are not our constituents; they are not authorized to give us instructions; and we are not bound to obey them when given.

Mr. Eustis said, he had barely risen to give the honorable gentleman from Massachusetts information; he had not expected to call up his champion from Connecticut, behind him. He had risen merely to state a fact, for the information of his colleague, as, from the observations he had made, it might be inferred that the State of Massachusetts was adverse to the principle of this amendment. It was far from his intention to oppose the sentiments of the Legislature of Massachusetts to the will of that House. He honored the independence his colleague expressed. It was, to be sure, an independence that went to the utmost limit a Representative could have of his constituYet, he did not censure him for asserting it.*

ents.

* On a subsequent day, Mr. Eustis stated that he had made inquiry respecting the instructions of the Legislature of Massachusetts, to which he had on a preceding day referred, without having been able to obtain satisfactory information. He was inclined to think he had been in error in stating their existence; and, with this impression on his mind, he considered it due to his colleague (Mr. Hastings) to render an apology for the remarks he had applied to him.

Since the period of the above debate, a letter has been addressed to the Secretary of the Commonwealth

Mr. THOMAS asked his colleague, (Mr. LIVINGSTON.) as a member of the Legislature of New York when instructions were given to vote for a similar amendment, whether a majority of the Senate of that State were not of the same political sentiments with himself?

Mr. Lyon said, he should not have risen on this occasion had he not heard the old subject of irritation, harped upon. Gentlemen opposed to the amendment of the Constitution, under consideration, had introduced the hackneyed topic of the representation of the slaves, and talked of that as being a sacrifice in the formation of the compact on the part of the States who held no slaves, and as included in the general compromise; for himself, although he had formerly the honor of representing a State where there were no slaves, and now had the honor of representing a State where slavery is allowed of, he had not changed his opinion, nor held two opinions on the subject; he always considered the article of the Constitution alluded to as containing the compromise on that subject within itself, and that the sacrifice was on the part of the people where slavery is admissible. Numbers was agreed on as the basis of representation; it certainly was the best criterion to form an estimation of the property and of the ability of the States to contribute to the public expenditure; but the States where the blacks were free, say to the States where the blacks were slaves, your slaves must not be counted in the

"In General Assembly, Nov. 5, 1799. "Resolved, That the Senators and Representatives of this State in the Congress of the United States be, and they hereby are, requested to use their best endeavors that Congress propose to the Legislatures of the several States the following amendment to the Constitution of the United States, viz: That the Electors of President and Vice President in giving in their votes, shall respectively distinguish the person whom they desire to be President from the one they desire to be Vice President, by annexing the word President or Vice President, as the case may require, to the proper name voted for; and the person having the greatest number of votes for Vice President, if such number be a majority of the whole number of Electors chosen, shall be Vice President; and if there be no choice, and two or more persons shall have the highest number of votes, and those equal, the Senate shall immediately choose by ballot one of them for Vice President; and if no person have a majority, then from the five highest on the list, the Senate shall in like manner choose the Vice President; but in choosing the Vice President, the votes shall be taken by States, the Senators from each State having

OCTOBER, 1803.

numbers to be represented. The natural reply was, why not count our black people as well as you count yours? we enter not into your local policy, nor examine what kind of freedom you allow to black or white; yet they gave up twofifths of their slaves as a compromise, so the sacrifice was made by them. For my own part, said Mr. L., the opportunity I have had of feeling the operation of both the freedom and the slavery of the black people, convinces me that the blacks who are slaves are much more useful and beneficial to the community and to the nation, according to their number, than those that are free; and I always have considered this subject, when brought up, as mere matter of exclamation, and intended to create popular murmur and discontent.

On the question whether the resolution should pass, it was carried in the affirmative-yeas 88, nays 31, as follows:

NAYS-Willis Alston, jr., Nathaniel Alexander, Isaac Anderson, John Archer, David Bard, George M. Bedinger, Phanuel Bishop, William Blackledge, John Boyle, Robert Brown, William Butler, George W. Campbell, Levi Casey, Thomas Claiborne, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, Jacob Crowninshield, Richard Cutts, John Dawson, William Dickson, John Earle, Peter Early, James Elliot, John W. Eppes, William Eustis, William Findley, John Fowler, Peterson Goodwyn, Andrew Gregg, Wade Hampton,

one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the States; and a majority of all the States shall be necessary to a choice. And in case the Senators and Representatives of this State in Congress, shall find that the aforesaid

amendment is not conformable to the sentiments of a Constitutional majority of both branches of the National Legislature, they are hereby requested so to modify the same as to meet the sentiments of such majority.

"Provided, however, That any amendment which may be agreed on, shall oblige the Electors to designate the person they desire to be President, from the one whom they desire to be Vice President.

"Resolved, That his Excellency the Governor be requested forthwith to transmit the same to the Supreme Executives of the several States."

Which resolves have been communicated by the Supreme Executive of the State of Vermont to the Supreme Executive of this Commonwealth.

Resolved, That the Legislature of this Commonwealth have a high sense of the wisdom and patriotism of the Legislature of the State of Vermont, and accord with them in the opinion, that it is expedient that the Constitution of the United States be amended in the manner contemplated in the aforesaid resolves of the Legislature of the State of Vermont.

Resolved, further, That the Senators and Representatives of this State in the Congress of the United States be, and they are hereby, requested to adopt thene cessary measures to effect the amendment aforesaid.

Resolved, further, That his Honor the Lieutenant Governor be, and he is hereby, requested to communicate the foregoing resolves to the Supreme Executive of the State of Vermont, and also to transmit copies thereof to the Senators and Representatives of this Commonwealth in the Congress of the United States. Approved, March 4, 1800.

and Lemuel Williams.

LOUISIANA TREATY.

The bill sent from the Senate, entitled "An act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the thirtieth of April last, and for the temporary government thereof," together with the amendments agreed to yesterday, was read the second time, as follows:

Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to take possession of and occupy the territory ceded by France to the United States, by the treaty concluded at Paris on the thirtieth of April last, between the two nations; and that he may for that purpose, and in order to maintain in the said territories the authority of the United States, employ any part of the Army and Navy of the United States, and of the force authorized by an act passed the third day of March last, entitled "An act directing a detachment from the militia of the United States, and for erecting certain arsenals," which he may deem necessary, and so much of the sum appropriated by the said act as may be necessary, is hereby appropriated for the purpose of carrying this act into effect; to be applied under the direction of the President of the United States. SEC. 2. And be it further enacted, That, until the expiration of the present session of Congress, or unless provision be sooner made for the temporary government of the said territories, all the military, civil, and judicial powers exercised by the officers of the existing Government of the same, shall be vested in such person and persons, and shall be exercised in such manner as the President of the United States shall direct, for maintaining and protecting the inhabitants of Louisiana in the full enjoyment of their liberty, property, and religion.

8th CON.-18

H. or R.

On the question, Shall the bill pass? the yeas and nays were required, and stood-yeas 89, nays 23, as follows:

YEAS-Willis Alston, Isaac Anderson, John Archer, David Bard, George M. Bedinger, Samuel Bishop, William Blackledge, John Boyle, Robert Brown, William Butler, George W. Campbell, John Campbell, Levi Casey, Thomas Claiborne, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, Jacob Crowninshield, Richard Cutts, John Dawson, William Dickson, John Earle, Peter Early, John W. Eppes, William Eustis, William Findley, John Fowler, Peterson Goodwyn, Andrew Gregg, Wade Hampton, John A. Hanna, Josiah Hasbrouck, Daniel Heister, Joseph Heister, William Hoge, James Holland, David Holmes, Benjamin Huger, Walter Jones, William Kennedy, Nehemiah Knight, Michael Leib, John B. C. Lucas, Matthew Lyon, Andrew McCord, William McCreery, David Meriwether, Samuel L. Mitchill, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Anthony New, Thos. Newton, jr. Joseph H. Ni holson, Gideon Olin, Beriah Palmer, John Patterson, Samuel D. Purviance, John Randolph, jr., Thomas M. Randolph, John Rea of Pennsylvania, John Rhea of Tennessee, Jacob Richards, Cæsar A. Rodney, Erastus Root, Thomas Sammons, Thomas Sandford, Ebenezer Seaver, John Smilie, John Smith of New York, John Smith of Virginia, Richard Stanford, Joseph Stanton, John Stewart, David Thomas, Philip R. Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, Isaac Van Horne, Joseph B. Varnum, Daniel C. Verplanck, Matthew Walton, John Whitehill, Marmaduke Williams, Richard Winn, Jos. Winston, and Thomas Wynns.

NAYS-William Chamberlin, Martin Chittenden, Clifton Claggett, Samuel W. Dana, John Davenport, Thomas Dwight, James Elliot, Calvin Goddard, Thomas Griffin, Gaylord Griswold, Roger Griswold, Seth Hastings, Joseph Lewis, jr., Thomas Lewis, Henry W. Livingston, Nahum Mitchell, Thomas Plater, Joshua

Sands, John Cotton Smith, William Stedman, James

Stephenson, Samuel Tenney, and Samuel Thatcher.

The House resolved itself into a Committee of the Whole on the following bill: A bill for carrying into effect the Convention of the thirtieth of April, one thousand eight hundred and three, between the United States of America, and the French Republic.

Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That, for the purpose of carrying into effect the convention of the thirtieth day of April eighteen hundred and three, between the United States of America and the French Republic, the Secretary of the Treasury be, and he is hereby, authorized to cause to be constituted, certificates of stock, signed by the Register of the Treasury, in favor of the French Republic, or of its assignees, for the sum of eleven millions two hundred and fifty thousand dollars, bearing an interest of six per cent. per annum, from the time when possession of New Orleans shall have been obtained, in conformity with the treaty of the thirtieth day of April, eighteen hundred and three, between the United States of America and the French Republic, and in other respects conformable with the tenor of the convention aforesaid; and the President of the United States is authorized to cause the said certificates of stock to be delivered to the Government of France, or to such person or persons as shall be authorized to receive them, in three months at most, after the exchange of ratifica

tions of the treaty aforesaid, and after Louisiana shall be taken possession of in the name of the Government of the United States; and credit or credits to the proprietors thereof, shall thereupon be entered and given on the books of the Treasury, in like manner as for the present domestic funded debt, which said credits or stock shall thereafter be transferable only on the books of the Treasury of the United States, by the proprietor

or proprietors of such stock, his, her, or their attorney: And the faith of the United States is hereby pledged for the payment of the interest, and for the reimbursement of the principal of the stock, in conformity with the provisions of the said convention: Provided, however, That the Secretary of the Treasury may, with the approbation of the President of the United States, and with the assent of the proprietors of the said stock vary the terms and instalments fixed by the convention for its reimbursement: And provided also, That every proprietor of the said stock may, until otherwise directed by law, on surrendering his certificate of such stock, receive another to the same amount, and bearing an interest of six per cent. per annum, payable quarteryearly at the Treasury of the United States.

SEC. 2. And be it further enacted, That the annual interest accruing on the said stock, which may, in conformity with the convention aforesaid, be payable in Europe, shall be paid at the rate of four shillings and sixpence sterling for each dollar if payable in London, and at the rate of two guilders and one half a guilder, current money of Holland, for each dollar if payable in Amsterdam.

SEC. 3. And be it further enacted, That a sum equal to what will be necessary to pay the interest which may accrue on the said stock to the end of the present year, be, and the same is hereby appropriated for that purpose, to be paid out of any moneys in the Treasury not otherwise appropriated.

SEC. 4. And be it further enacted, That, from and after the end of the present year (in addition to the annual sum of seven millions three hundred thousand dollars, yearly appropriated to the sinking fund by vir

tue of the act, entitled "An act making provision for the redemption of the whole of the public debt of the United States,") a further annual sum of seven hundred thousand dollars, to be paid out of the duties on merchandise and tonnage, be, and the same bereby is, appropriated to the said fund, making in the whole an annual sum of eight millions of dollars, which shall be vested in the Commissioners of the Sinking Fund in the same manner, shall be applied by them for the same purposes, and shall be, and continue appropriated until the whole of the present debt of the United States, inclusively of the stock created by virtue of this act, shall be reimbursed and redeemed, under the same limitations as have been provided by the first section of the above-mentioned act respecting the annual appropriation of seven millions three hundred thousand dollars, made by the same.

SEC. 5. And be it further enacted, That the Secretary of the Treasury shall cause the said further sum of seven hundred thousand dollars to be paid to the Commissioners of the Sinking Fund, in the same manner as was directed by the above-mentioned act, respecting the annual appropriation of seven millions three hundred thousand dollars; and it shall be the duty of the Commissioners of the Sinking Fund to cause to be applied and paid out of the said fund, yearly and every year, at the Treasury of the United States, such sum and sums as may be actually wanted to discharge

OCTOBER, 1803.

the annual interest and charges accruing on the stock created by virtue of this act, and the several instalments or parts of principal of the said stock, as the same shall become due and may be discharged, in conformity to the terms of the convention aforesaid, and of this act.

Mr. R. GRISWOLD proposed to amend the fifth section by introducing near the end thereof, after the word "conformity," the following words: "to the provisions of the said act, entitled 'An act making provision for the redemption of the whole of the public debt of the United States."

Mr. RANDOLPH and Mr. NICHOLSON considered the amendment as altogether useless. After some consideration, it was lost without a division.

Mr. Eustis moved to substitute in the first section, the word "Louisiana" in room of New "Orleans," making the payment of interest on the stock commence at the period when possession of Louisiana, instead of New Orleans, shall have been obtained. Agreed to without a division.

The Committee then rose and reported the bill with this amendment, and the House immediately took up the report and concurred therein; when the bill was ordered, without a division, to be engrossed for a third reading to-morrow.

SATURDAY, October 29.

Two other members, to wit: from New York, KILLIAN K. VAN RENSSELAER, and from South Carolina, THOMAS LOWNDES, appeared, produced their credentials, were qualified, and took their seats in the House.

On motion of Mr. RANDOLPH the House went into Committee of the Whole on the bill making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the Government of the United States, by virtue of the

convention with the French Government of the

thirtieth of April.

The bill appropriates $3,750,000, inclusive of $2,000,000 appropriated the last session, and authorizes the President to borrow, at a rate of six per cent., $1,750,000.

Mr. RANDOLPH moved an additional section appropriating $20,000 for compensation to commissioners, secretary, and agent for investigating claims, and for contingencies. This sum was afterwards reduced, at the instance of Mr. R., to $18,750.

The Committee agreed to the amendment, and reported the bill so amended. The House immediately took up the report of the Committee, and agreed thereto, when the bill was ordered to be engrossed for a third reading this day.

The bill was afterwards read the third time and passed without a division.

LOUISIANA TREATY.

An engrossed bill for carrying into effect the convention of the thirtieth of April, one thousand eight hundred and three, between the United States of America and the French Republic, was read the third time, and on the question that the same do pass, it was resolved in the affirmativeyeas 85, nays 7, as follows: