EIGHTH CONGRESS—SECOND SESSION. PROCEEDINGS AND DEBATES IN THE HOUSE OF REPRESENTATIVES. (continued 4)

Mr. Gregg regretted that such business had been brought before the House, especially at so late a period of the session. He did not know for what purpose an inquiry was to be made; for, supposing the charges to be true, the House had no power to remove him. The Postmaster-General was not one of those officers who could be impeached; and the President was the only one that could remove him. He was opposed to the motion, conceiving that too much important business remains unfinished, to take up new matters, which would answer no good purpose whatever.

Mr. Clark was opposed to the reference of the letter, on account of the language which it contained. It charged a member of the House with having uttered falsehood. In his opinion, such language ought not to receive any sanction from the House.

Mr. Lyon.—I feel, Mr. Speaker, a sympathy for the Postmaster-General, who, as well as myself, was so egregiously belied yesterday by the member from Virginia, (Mr Randolph.)

[Here Mr. Nicholson called Mr. Lyon to order, whereupon the latter sat down, when the Speaker decided that the words were out of order.]

After this decision was made, Mr. Lyon again rose to proceed, and was again called to order, but the Speaker determining that he was in order,

Mr. Bryan appealed to the House, and

Mr. Nicholson called for the yeas and nays.

The question was then taken, “Is the decision of the Chair correct?” And it was determined in the affirmative—yeas 81, nays 34.

Mr. Lyon, upon this, immediately said, I give up my right; and would not proceed.

Mr. Elliot.—However surprising it may appear to some gentlemen, it is not so to me, that the language of innocence should be warm and pointed. We have been told that the letter is couched in disrespectful terms. For my part, I cannot perceive any thing of the kind in it; and I am surprised that, as it respects the gentleman who made the charges against him, that he is so moderate. Gentlemen have said that an inquiry would be of no service; because, if the charges are true, the officer cannot be impeached. If gentlemen will advert to the constitution they will find that “all civil officers are liable to impeachment,” and removal from office. Surely it will not be contended that the Postmaster-General is not a civil officer. The gentleman from Maryland (Mr. Nicholson) differs very widely from his friend from Virginia (Mr. Randolph) as to the Postmaster-General. The former considers him as holding an office too insignificant to be dignified with an impeachment, while the latter deems his patronage and influence sufficient to influence or to bribe the majority of this House. However insignificant the gentleman from Maryland may think the Postmaster-General, still he is a civil officer, and as such is liable to be impeached, and removed from office. We have been told that a combination has taken place between some of those who have avowed themselves republicans and the federalists, and that the liberties of the country will be endangered. Sir, we have no danger to apprehend from monarchists, aristocrats, or federalists.

Our liberty can only be endangered by those description of persons against whom the gentleman from New York (Mr. Root) so emphatically exclaimed—I mean political demagogues and popular leaders! They have been the curse and destruction of every Republic, and I fear will be our destruction. We are cursed with them in this country, and even in this House. But I trust that the majority of this House are opposed to them. The great objection which gentlemen make to the inquiry is, that the letter is couched in too disrespectful terms. Will they please to bear in mind the charges made against the officer, and, viewing them, is it not a matter of astonishment that he is so mild? As the letter respects this House, it is remarkably respectful. Upon what ground, then, can the investigation be refused? If the charges made are true, the officer ought to be removed; if untrue, this House ought in justice to him whose character has been so assailed to declare that they are so. The gentleman from Virginia (Mr. Randolph) informed us yesterday that the Postmaster-General kept in his pay a jackall, who went prowling about this desolate city at midnight, when honest men ought to be asleep, offering bribes to the members. Sir, the gentleman must have keen optics to discover this jackall, when he is asleep; for he informs us that he only goes about when honest men ought to be asleep; and surely the gentleman is one of that description. Upon every view which I can take of this subject, I can see no objection to the inquiry, but the strongest reason in its favor; and justice demands that it should be made.

Mr. Nelson would offer a few remarks to the House, why he was opposed to the motion. He would not undertake to give an opinion as to the character of the Postmaster-General, or whether the charges made against him could be substantiated. His objection was, that the House had nothing to do with charges made by a member against any individual. If the charges were true, the President (and not the House) was the proper person to apply to, to remove the officer. But it had been said that the House had the power to impeach all civil officers, and, therefore, could impeach the Postmaster-General. But because the House was invested with that power, he asked whether they were bound to exercise it? Surely not. And he hoped they would not, when they could get rid of the officer by a more summary mode. Late experience had taught them the trouble and expense attendant on impeachments, and he trusted that no officer would ever be impeached that could be removed by the President. It would be better to let them remain in office, although guilty of misbehavior, than to spend so much time as they would be obliged to do in cases of impeachment. Suppose the motion should be agreed to, and the committee appointed, he asked what power they would possess? Were they to declare whether the charges were true or false? A determination either way would have no effect upon the House, because they could not, he trusted, impeach the officer. He was not disposed to do any thing to hurt the character of the Postmaster-General, but he would not give his sanction to a measure which would spend so much of the time of the House in deciding what he considered an affair of private honor and private feelings between two gentlemen. He also considered that the adoption of the resolution would pass a censure upon the gentleman who made the charges, and he asked whether the House were disposed to censure one of its members for any warm and unguarded expressions about an officer of the Government? He trusted not. How many times had charges been made in the House against the President of the United States; but that officer had never thought it proper to apply to the House for an inquiry into his conduct; nor did the House ever pass a vote of censure on the members who made them. He looked upon this as a question of dispute between two gentlemen, and no tribunal could be erected in the House to decide on it. He should, therefore, vote against the motion of the gentleman from Massachusetts, (Mr. Varnum,) and hoped it would not prevail.

Mr. Huger knew not what was the opinion of any gentleman as to the merits of the question, but he was satisfied that a calm decision of it could not take place at that time. They were about to establish a precedent, which might be of importance, and it ought to be done after the utmost deliberation. He called upon gentlemen to say, whether it was possible that a calm and impartial decision could be given after so much irritation had been displayed in the debate? In order to afford an opportunity to gentlemen to give the subject a cool and dispassionate investigation, he moved to postpone the further consideration thereof until Monday.

The question was taken thereon, and determined in the affirmative—yeas 93.

The resolution (Mr. Varnum’s motion to refer Mr. Granger’s letter to a select committee) was never after called up.

Georgia Claims.

The unfinished business of yesterday on the Yazoo claims was resumed—the amendment offered by Mr. Clark, under consideration.

Mr. Holmes observed that as he was a member of the Committee of Claims, from whom the report under consideration emanated, he thought it his duty to state to the House the part he acted on that occasion. I was, said Mr. H., in all our deliberations upon this subject, decidedly opposed to the adoption of the report, and in every stage of its progression used all fair means in my power to produce a different result; in this, however, I was unsuccessful. My conduct was governed by a firm conviction that the present claimants had no right in law or equity to the lands in question, and that policy did not demand the interference of the National Legislature. Most of the arguments that operated upon my mind then, and will influence my vote now, have been adduced by gentlemen who preceded me. It is not my intention to detain the House with a repetition of them; one or two, however, have occurred to me as worthy of consideration, that have not been urged. This must be my apology for addressing you after the able and lengthy discussion the subject has received. I am of the opinion, Mr. Speaker, that the Legislature of Georgia, of 1795, were not authorized to dispose of the lands in question, even if they had been honestly inclined to do so.

Mr. Matthew Lyon.—From the drift of the speeches delivered by the member from Virginia, from his call for the Postmaster-General’s report of a list of his contracts, and from the invitation he has given to an examination of that report, I am led to consider it a duty I owe to myself, in this House, and in the face of the world, to take up that report, and explain the nature of the contracts which there appear in my name. I find my name seven times mentioned in that report: the first is in the 12th page, for a contract for carrying the mail from Cincinnati to Detroit; the second in the same page, and is from Marietta to Cincinnati; these two contracts I never solicited or bid for, but the Postmaster-General having advertised for proposals, and having received none that he thought reasonable, they being new routes and to be let for one year only, he wrote to me offering the price they stand there at, and I undertook to get the business done. For the performance of the latter contract I gave every cent I received, and without saving one penny for a great deal of trouble, risk, and perplexity, I had taken upon myself to get it effected. From the other I saved a few dollars toward paying me for the care, trouble, and responsibility I had sustained on the occasion. Long before these contracts were out, I informed the Postmaster-General that I should take neither of them again, and the contract from Cincinnati to Detroit was let to another person at $105 60 more than was given to me; this may be seen in the 22d line of page 20 of the same report.

The third time my name is mentioned is in the same 12th page, and is from Hartford to Fort Massac, a distance of about 180 or 190 miles, for which $654 75 is paid; out of this $65 is to be paid for ferriage. For some parts of this route I am obliged to give much more than a proportionate share of what I receive; some other parts I give a trifle less; sometimes my own horses carry the mail. I cannot with precision tell what is lost or gained in it, but it cannot be $50 either way. The fourth contract is also in the same page, it is from Russelsville to Eddygrove, or, rather, Eddyville; it is 80 miles, for which $240 is paid; this is as low if not lower than the price given any where south or west of this place, and I give to the person who performs it the whole amount of what I receive. The fifth and sixth time my name is mentioned in that report is in the 28th page—those are merely a renewal of the two last-mentioned contracts, which had expired in 1803; all of those contracts were made before I was elected to my present seat in this House, before I had the pleasure of a personal acquaintance with the present Postmaster-General, and before I ever spoke with him.

The seventh contract is noticed in the last page of the Postmaster-General’s report, which is from Massac to New Madrid, from Kaskaskias to Girardeau, from Cahoka to St. Louis, a distance of more than 200 miles, for $515, out of which more than $150 must be paid for ferriage, at the rate ferriages stood at the time of the contract.

This is the true history of the contracts by which it is insinuated that the Postmaster-General has bribed me. I never was bribed, sir; it is not all the lands and negroes my accuser owns that could tempt me to do a thing which honor or conscience dictated to me to avoid. I could, sir, if it was pertinent, show how the over-vigilance of the present Postmaster-General has deprived me of the benefit of the only profitable contract I ever made with the Government—a contract made with his predecessor which he very improperly, in my opinion, considered void on account of some words in it not being exactly consonant with the intention of the contracting parties; believing, however, that the Postmaster-General designed to do what he thought right, he has not lost my esteem, nor do I think his character can be injured by the braying of a jackall or the fulminations of a madman.[25]

Mr. J. Clay.—It was not my intention to have troubled the House with any observations on the subject, but I think a view may be taken different from any exhibited by the gentlemen who have preceded me. Some of the gentlemen who have advocated the appropriation of the land to satisfy the New England Mississippi Land Company, have been content to rest the claim upon the ground of policy. They have said that if some mode should not be taken to satisfy the Yazoo speculators, they would be incessantly troubling Congress. If these men have any title, it must be by right of pre-emption; and yet that title it was not practicable for them to acquire, as the State of Georgia could not extinguish the Indian title. Notwithstanding, however, their imbecility, the Legislature of Georgia, of 1796, undertook to grant an estate in fee simple. It will require more time to examine this question, and perhaps more abilities than I possess; but I cannot conceive how Georgia had a pre-emption title to the land, while the Indian title still existed. The Congress of the United States possessed the sole power of extinguishing the Indian title to lands within their territories; no individual State has either the right or the power of extinguishing the Indian title to any lands they may claim. Of course, Georgia had no right to grant a title in fee simple.

We are told of the policy of compromising with these speculators, and that they are innocent purchasers. How are they so? Are they not the very men who purchased a fraudulent claim, and does not their deed carry on the face of it a proof that they knew it to be fraudulent? There is also a strange coincidence: These people’s deeds are dated February 13th, 1796, the very day that the rescinding act was passed, but these instruments were not all executed until May following. [Here Mr. J. Clay read several passages from the pamphlet published by the agents of the New England Yazoo Company, and compared them with the resolution of Congress passed on that subject, from which he inferred an acknowledgment of the present claimants, that they purchased a disputed title.] He went on to state that Governor Strong, who was at that time a Senator of the United States, was made acquainted with the whole transaction; and it could not but be presumed that he and the Massachusetts delegation communicated to their constituents the circumstance.

The general notoriety of the fraud, said Mr. Clay, is such as to convince any man that the present claimants are not innocent purchasers. The very conditions under which they purchased, demonstrate this. They undertake to stand in the shoes of men who had defrauded the State of Georgia through a corrupt Legislature, and when they paid their money, they conditioned that it should not be repaid them, by reason of any defect in the title. The petitioners take it for granted, that, whatever was the fate of the original compact, though bottomed in fraud and consequently null, they have no other resource than in the mercy of this House. Why did they make that stipulation in their deed? Why not take a general warrantee? If the deeds had been executed in the usual manner, they could have recovered their money from the party who had practised upon them. But, notwithstanding that article, I still think they should have recourse to the original grantees; let them go to them, and a court of equity will do them justice.

I have no idea of supporting questions of property upon grounds of mere policy; I shall never be inclined to squander millions of the public money, because a gang of swindling speculators may enter this House and prove troublesome to its members. The agents of these men have accidentally acknowledged that they cannot extinguish the Indian title, and, therefore, they cannot get possession of the land. What is a man to get by a contract, when it is impossible to comply with the terms? I was in hopes, that the representation from the State of Pennsylvania would have been unanimous on this question: they ought to know, from the salutary experience of their own State respecting land speculations, whether it relates to the Connecticut, Susquehanna, or Delaware Companies, who have kept a part of our State in a continual broil for fifty years, while another set of men, under the garb of the Population and Holland companies, have thrown their warrants over the north-western corner of the State, and are likely to defeat the great objects which the Legislature had in view, when they disposed of the lands to actual settlers alone. I trust, however, that they will be defeated, and that the courts of justice will determine the case in the manner in which it was recently decided. I regret that the oldest member of Congress from our State, should, at this late hour, abandon those republican principles which he has so long and so ably maintained, to support a band of Yazoo speculators. For my part, I must be an altered man indeed, if I ever consent to a compromise with a gang of speculators holding a title founded in fraud and speculation.

The yeas and nays were then taken on the resolution of the Committee of Claims, and decided in the affirmative—yeas 63, nays 58, as follows:

Yeas.—Willis Alston, jun., Simeon Baldwin, Silas Betton, Phanuel Bishop, Adam Boyd, John Boyle, John Campbell, William Chamberlin, Martin Chittenden, Clifton Claggett, Jacob Crowninshield, Manasseh Cutler, Richard Cutts, Samuel W. Dana, John Davenport, John Dawson, John Dennis, William Dickson, Thomas Dwight, James Elliot, Ebenezer Elmer, William Eustis, William Findlay, John Fowler, Calvin Goddard, Gaylord Griswold, Roger Griswold, Seth Hastings, William Helms, John Hoge, James Holland, David Hough, Benjamin Huger, Samuel Hunt, John G. Jackson, Nehemiah Knight, Simon Larned, Joseph Lewis, jr., Henry W. Livingston, Thomas Lowndes, Matthew Lyon, Nahum Mitchell, Jeremiah Morrow, James Mott, Thomas Plater, Samuel D. Purviance, Erastus Root, Henry Southard, Joseph Stanton, William Stedman, James Stephenson, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, Samuel Thatcher, David Thomas, George Tibbits, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, Matthew Walton, Lemuel Williams, and Marmaduke Williams.

Nays.—Isaac Anderson, David Bard, George Michael Bedinger, William Blackledge, Walter Bowie, Robert Brown, Joseph Bryan, William Butler, Levi Casey, Thomas Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, John B. Earle, John W. Eppes, Peterson Goodwyn, Andrew Gregg, Thomas Griffin, John A. Hanna, Josiah Hasbrouck, Joseph Heister, David Holmes, Walter Jones, William Kennedy, Michael Leib, John B. C. Lucas, Andrew McCord, David Meriwether, Nicholas R. Moore, Thomas Moore, Roger Nelson, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, Gideon Olin, Beriah Palmer, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Samuel Riker, Thomas Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John Smilie, John Smith, Richard Stanford, John Stewart, Philip R. Thompson, Abram Trigg, Isaac Van Horne, John Whitehill, Alexander Wilson, Joseph Winston, and Thomas Wynns.

The resolution was of consequence agreed to.

Mr. J. Randolph.—On this question I have nothing more to say than to congratulate my friends on the vote just taken. We are strong in the cause of truth, and gentlemen will find that truth will ultimately prevail. When I compare the votes of this session with some of the votes of the last, my objections to refer this subject are almost done away. In whatever shape the subject may be again brought before the House, it will be my duty, and that of my friends, to manifest the same firm spirit of resistance, and to suffer no opportunity to pass of defeating a measure so fraught with mischief.

[On a subsequent day, a bill was introduced for compromising the claims; but it was not acted upon by the House during the remainder of the session.][26]

Wednesday, February 6.

Post Roads.

The House resolved itself into a Committee of the Whole on a motion of the seventh of December last, respecting “the establishment of a post road from Knoxville, in the State of Tennessee, to the settlement on the Tombigbee River, in the Mississippi Territory, and from thence to New Orleans; also, for the establishment of a post road from Georgia to the settlements on the Tombigbee, to intersect the former road at the most convenient point between Knoxville and the Tombigbee;” to which Committee of the whole House were also referred on the tenth of the said month of December, and on the first instant, the report of a select committee, and a Message from the President of the United States, on the same subject.

Mr. G. W. Campbell observed, that having introduced this resolution, he would very briefly state some of the reasons that induced him to do so, and the grounds upon which he expected the committee to adopt it. He stated the object of the measure to be two-fold: 1st. To obtain a direct route for the transportation of the mail from Knoxville, and also from Georgia, to the Tombigbee settlements, and thence to New Orleans, in order to facilitate the communication with those places by means of the mail. And 2d. To open a communication from East Tennessee to the same places for commercial purposes. This measure, he said, was important to the citizens of East Tennessee, in both those points of view. The mail was conveyed at present, he observed, by a circuitous route, from Knoxville to Nashville, two hundred miles, thence to Natchez, at least five hundred miles, and thence to New Orleans, nearly three hundred miles; making in the whole, from Knoxville to New Orleans, one thousand miles. Whereas the distance from Knoxville to New Orleans by the route proposed to be opened, would not much, if any, exceed five hundred. A gentleman of undoubted veracity, who resided some years in the country through which this road will pass, in the service of the Government, estimates this route in the following manner: From Knoxville to Tellico, thirty-three miles. This part of the route passes through a settled country, and is at present a good road. From Tellico, to a place called the Hickory Ground, in the Creek Nation, near the junction of the Coosa River with the Tallapoosa, where they form the Alabama and about twenty miles from the Tuckabatchee settlements, two hundred and twenty miles. From thence to Fort St. Stephen’s on the Tombigbee River, about one hundred miles; and thence to New Orleans, a direct course, about one hundred and fifty miles, making in all five hundred and three miles; and the largest calculations, as I had been informed, made by the Postmaster-General, of this road from Knoxville to New Orleans, was five hundred and fifty miles; making very little more than half the present route. Add to this the distance from Washington to Knoxville, according to the estimated post route, five hundred and forty-seven miles, and the whole distance from Washington to New Orleans, passing by Knoxville—and from thence the proposed route will be about one thousand and fifty miles. This saving of between four and five hundred miles, in transporting the mail from Knoxville to New Orleans, is certainly a very important object to all those who may communicate with the latter place, by means of this route. This road is still more necessary, for the purpose of affording a communication from East Tennessee to the settlement on the Tombigbee, or the eastern parts of the Mississippi Territory. The only mode of communication at present with that country, is by the post road already stated, by Nashville to Natchez, seven hundred—and thence to the Tombigbee, about two hundred; making nine hundred miles. Whereas the real distance along the proposed route, as has been stated, will not exceed three hundred and fifty, or at most between that and four hundred.

The effect of this circuitous route is, at present, to cut off the communication almost entirely with that country.

But the second object for which we wish this road opened, viz: for commercial purposes, is still more important to our citizens; and is essential for the prosperity of our country.

The only mode by which the people of that country can, at this time, convey their produce to market, is by boating it down the river Tennessee into the Ohio, then along that to the Mississippi, and down that river to New Orleans. Our boatmen employed in this trade are obliged to return by land, as the same boats that carry produce down those rivers, cannot ascend them, and there is but little navigation yet, in boats of any kind, up those waters into the State of Tennessee; and no boats of any considerable burden can pass up the river Tennessee, through the Muscle Shoals, to the eastern part of the State. The only route by which those boatmen can now return from New Orleans, is that already stated, on which the mail is conveyed, being between four and five hundred miles more than they would have to travel by the proposed route. The present road also passes over the Cumberland mountain, a part of which is very bad, and a wilderness at this part of the route, subject to the Indian claim, of between seventy and one hundred miles, without inhabitants. It also passes through another wilderness between Nashville and Natchez, subject to the Indian claim, of about four hundred miles, a considerable part of which is stated to be very bad road in winter, and that there are many large water courses to be passed. The difficulties are so great that few of our citizens are willing to embark in this trade, and our farmers, having no convenient vent for their surplus produce, have little or no inducement to industry beyond what may be necessary to produce the ordinary supplies of subsistence. This in a very great degree retards the progress of agriculture, and consequently the prosperity of our country. It is therefore hoped that this House will feel disposed to encourage the farming interests of our infant country by removing those obstacles to its progress that the State authority is incompetent to effect, and that prove so materially injurious to the interests of our citizens. Here it may be proper to remark that this proposed road, so far as it is desired to be established by this measure, passes through a country belonging entirely to the United States, except about sixty miles, and most of it subject to the claim of Indian tribes, being the Mississippi Territory until it enters West Florida, or Orleans Territory. This distance of about sixty miles alluded to, is from Tellico, on the frontiers of the settlements in East Tennessee, to a point beyond the south boundary of that State in the State of Georgia, and near the limits of the Mississippi Territory, being also subject to the Indian claim. A road has already been authorized to be opened in this direction; has been viewed and designated by commissioners appointed for that purpose from our State, at the expense of the State, and it is expected, by this time, has been opened, being designed to afford us a communication with the State of Georgia. This road will answer the proposed route—at least as far as the limits of our State—being, as before stated, about sixty or seventy miles from Tellico, and about one hundred from Knoxville. There will therefore remain only about one hundred miles (or very little more, if any) to be opened, to the point at which the road proposed from Georgia will intersect this route. From this view of the subject, it will appear we do not require the United States to be at any expense in opening a road within the limits of the State of Tennessee, but only to open it through a country belonging exclusively, except the Indian claim, to the United States. With regard to the roads proposed to be opened from Georgia to the Tombigbee settlements, so as to intersect the former road at the most convenient point between Tellico and the said settlements, what has been advanced to show the necessity of the former road will apply with equal force to this. The only route by which the people of Georgia can at present communicate with New Orleans, by means of the mail, or travel to that place along any authorized road, is that already stated, from Knoxville; thence by Natchez to New Orleans; and the people, even on the frontiers of that State, have to travel nearly three hundred miles to Knoxville to take this route, and are not then much, if any, nearer New Orleans than when they set out. This in a great degree cuts off this communication with that country. The road proposed to be opened from Georgia, according to the best information, will intersect the road from Knoxville, near the junction of Coosa and Tallapoosa Rivers, and about two hundred miles, or somewhat more, from the latter place—of which, as already stated, one hundred miles at least are opened, and only about one hundred remain to be opened. The country through which the road from Knoxville will pass, is represented, by those who are acquainted with it, and who have resided many years among the Indian nations that inhabit it, to be a fine, open country, generally dry without being broken by any mountains, and very few streams of any considerable size to be crossed, and no large rivers until you arrive at the Tombigbee. It will pass along the high lands that lie between the waters falling into the Tennessee River, and those that are discharged into the Coosa and Alabama Rivers, and will require but little expense to be made a good road. We hope, therefore, upon viewing all those circumstances, Congress will agree to afford us the aid we require, and which is essentially necessary to enable us to resort to the only market that will compensate our farmers for their industry, encourage agriculture and commerce, and promote the prosperity of our country.

When Mr. W. had concluded, the committee rose, and had leave to sit again.

Tuesday, February 12.

Counting Electoral Votes.

On motion it was

Resolved, That a committee be appointed on the part of this House, to join such committee as may be appointed on the part of the Senate, to ascertain and report a mode of examining the votes for President and Vice President, and of notifying the persons who shall be elected, of their election; and to regulate the time, place, and manner of administering the oath of office to the President.

Ordered, That Mr. Joseph Clay, Mr. Varnum, Mr. Dennis, Mr. Thomas Moore, and Mr. Dickson, be appointed a committee, pursuant to said resolution; and that the Clerk of this House do carry the resolution to the Senate, and desire their concurrence.

A message from the Senate notified the House that the Senate will be ready to receive the House of Representatives in the Senate Chamber, on Wednesday, the thirteenth of February, at noon, for the purpose of being present at the opening and counting the votes for President and Vice President of the United States: That one person be appointed a teller on the part of the Senate to make a list of votes for President and Vice President of the United States, as they shall be declared, and that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice had been made agreeably to the constitution, such entry on the Journals shall be deemed a sufficient declaration thereof.

Amy Dardin.

Mr. Claiborne, from the committee appointed yesterday, presented a bill for the relief of Amy Dardin, and the legal representatives of David Dardin, deceased; which was read twice, and committed to a Committee of the whole House to-morrow.

Wednesday, February 13.

Counting Electoral Votes.

A message was received from the Senate informing the House that Mr. Smith of Maryland has been appointed a teller of the votes of President and Vice President of the United States, on the part of the Senate, conformably with their vote of the twelfth instant, and are now ready, in the Senate Chamber, to proceed therein: Whereupon, Mr. Speaker, attended by the House, proceeded to the Senate Chamber, and took seats therein; when, both Houses being assembled, the President of the Senate, in the presence of both Houses, proceeded to open the certificates of the Electors of the several States, beginning with the State of New Hampshire; and as the votes were read, the tellers on the part of each House counted and took lists of the same; which, being compared, were delivered to the President of the Senate, and are as follows:

[Given in the Senate proceedings of the same day.]

The President of the Senate, in pursuance of the duty enjoined upon him, announced the state of the votes to both Houses, and declared that Thomas Jefferson, of Virginia, having the greatest number, and a majority of the votes of the Electors appointed, was duly elected President of the United States, for the term commencing on the fourth day of March next; and that George Clinton, of New York, having also the greatest number, and a majority of the votes of all the Electors appointed, was duly elected Vice President of the United States, for the term commencing on the fourth day of March next.

The two Houses then separated, and the House of Representatives being returned to their Chamber, Mr. Speaker resumed the Chair.

The list of the votes of the Electors for President and Vice President of the United States, as declared by the President of the Senate, and herein before recited, was read at the Clerk’s table.

Thursday, February 14.

A new member, to wit, George Clinton, jr., returned to serve as a member of this House, for the State of New York, in the place of Samuel L. Mitchill, appointed a Senator of the United States, appeared, produced his credentials, was qualified, and took his seat in the House.

Monday, February 18.

Ordered, That Mr. Roger Griswold, Mr. J. Clay, Mr. Blackledge, Mr. Huger, and Mr. Nicholas R. Moore, be appointed of the said committee, on the part of this House; and that the Clerk of this House do carry the said resolution to the Senate, and desire their concurrence.

The House proceeded to the further consideration of the bill authorizing the Secretary of War to issue military land warrants, and for other purposes, to which the Committee of the whole House, to whom it had been committed, reported no amendment, on the thirteenth instant; and the said bill being twice read and amended at the Clerk’s table, was, together with the amendments, ordered to be engrossed, and read the third time to-morrow.

The House resolved itself into a Committee of the Whole on the bill for the relief of Philip Nicklin and Robert Eaglesfield Griffith; and, after some time spent therein, the committee rose, reported progress, and were discharged from the further consideration thereof, and the bill was recommitted to the Committee of Commerce and Manufactures.

Tuesday, February 19.

Richard Taylor.

The House resolved itself into a Committee of the Whole on the report of the Committee of Claims, of the thirteenth instant, to whom was referred the memorial of Richard Taylor, of the State of Kentucky; and, after some time spent therein, the committee rose and reported a resolution thereupon; which was twice read, and agreed to by the House, as follows:

Resolved, That the prayer of the memorial of Richard Taylor is reasonable, and ought to be granted.

Ordered, That a bill, or bills, be brought in, pursuant to the said resolution; and that the Committee of Claims do prepare and bring in the same.

Friday, March 1.

Presidential Oath of Office.

The Speaker laid before the House a letter addressed to him signed, “Th. Jefferson,” notifying, that “he shall take the oath which the constitution prescribes to the President of the United States, before he enters on the execution of his office, on Monday, the fourth instant, at twelve o’clock, in the Senate Chamber.”

Ordered to lie on the table.

Eodem Die, 4 o’clock, P. M.

Removal of Federal Judges.

On a motion made by Mr. John Randolph, that the House do come to 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 submitted to the Legislatures of the several States, which, when ratified and confirmed by the Legislatures of three-fourths of the said States, shall be valid and binding, as a part of the Constitution of the United States:

The judges of the Supreme and all other Courts of the United States, shall be removed by the President, on the joint address of both Houses of Congress, requesting the same, any thing in the Constitution of the United States to the contrary notwithstanding:

A motion was made and seconded that the said proposed resolution be referred to the consideration of a Committee of the whole House; and the question being taken thereupon, it was resolved in the affirmative—yeas 68, nays 33, as follows:

Yeas.—Willis Alston, jr., Isaac Anderson, David Bard, William Blackledge, Walter Bowie, Adam Boyd, Robert Brown, Joseph Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph Clay, George Clinton, jun., John Clopton, Frederick Conrad, Jacob Crowninshield, Richard Cutts, John Dawson, John B. Earle, Peter Early, John W. Eppes, William Findlay, John Fowler, Peterson Goodwyn, Andrew Gregg, John A. Hanna, Josiah Hasbrouck, Jas. Holland, David Holmes, John G. Jackson, Walter Jones, Nehemiah Knight, Michael Leib, J. B. C. Lucas, Andrew McCord, William McCreery, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Roger Nelson, Thomas Newton, jun., Joseph H. Nicholson, Gideon Olin, Beriah Palmer, Oliver Phelps, John Randolph, John Rea of Pennsylvania, John Rhea of Tennessee, Jacob Richards, Samuel Riker, Cæsar A. Rodney, Thomas Sammons, Ebenezer Seaver, James Sloan, John Smilie, Henry Southard, Richard Stanford, Joseph Stanton, John Stewart, David Thomas, Philip R. Thompson, Isaac Van Horne, Joseph B. Varnum, Matthew Walton, John Whitehill, Alexander Wilson, Richard Wynn, and Thomas Wynns.

Nays.—Nathaniel Alexander, Simeon Baldwin, Silas Betton, William Chamberlin, Martin Chittenden, Clifton Claggett, Manasseh Cutler, Samuel W. Dana, John Davenport, Thomas Dwight, James Elliot, Ebenezer Elmer, Calvin Goddard, Gaylord Griswold, Roger Griswold, Seth Hastings, William Helms, John Hoge, Benj. Huger, Simon Larned, Thomas Lowndes, Nahum Mitchell, Erastus Root, William Stedman, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, Samuel Thatcher, George Tibbits, Killian K. Van Rensselaer, Peleg Wadsworth, Lemuel Williams, and Marmaduke Williams.

Another motion was made, and the question being put, that the said resolution be the order of the day for the first Monday in December next, it was resolved in the affirmative.

Recall of Senators.

On a motion made by Mr. Nicholson,

Resolved, That the following article, when adopted by two-thirds of both Houses of Congress, and by the Legislatures of three-fourths of the respective States, shall become a part of the Constitution of the United States, viz:

That the Legislature of any State may, whenever the said Legislature shall think proper, recall, at any period whatever, any Senator of the United States, who may have been elected by them; and whenever a vote of the Legislature of any State, vacating the seat of any Senator of the United States, who may have been elected by the said State, shall be made known to the Senate of the United States, the seat of such Senator shall thenceforth be vacated:

A motion was made and seconded, that the said proposed resolution be referred to the consideration of a Committee of the whole House; and the question being taken thereupon, it was resolved in the affirmative—yeas, 53, nays 46, as follows:

Yeas.—Willis Alston, junior, Isaac Anderson, David Bard, Walter Bowie, Robert Brown, Joseph Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph Clay, George Clinton, jun., John Clopton, Frederick Conrad, John Dawson, John B. Earle, Peter Early, J. W. Eppes, Peterson Goodwyn, Andrew Gregg, John A. Hanna, Josiah Hasbrouck, Joseph Heister, James Holland, David Holmes, Nehemiah Knight, Michael Leib, Andrew McCord, William McCreery, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Roger Nelson, Anthony New, Thomas Newton, jun., Joseph H. Nicholson, Gideon Olin, Beriah Palmer, John Randolph, John Rea of Pennsylvania, John Rhea of Tennessee, Jacob Richards, Thomas Sammons, Ebenezer Seaver, James Sloan, Richard Stanford, Joseph Stanton, John Stewart, Philip R. Thompson, Abram Trigg, John Whitehill, Alexander Wilson, Richard Wynn, and Thomas Wynns.

Nays.—Nathaniel Alexander, Simeon Baldwin, Silas Betton, William Blackledge, Adam Boyd, William Chamberlin, Martin Chittenden, Clifton Claggett, Jacob Crowninshield, Manasseh Cutler, Richard Cutts, John Davenport, Thomas Dwight, James Elliot, Ebenezer Elmer, William Findlay, John Fowler, Gaylord Griswold, Roger Griswold, Seth Hastings, William Helms, David Hough, Benjamin Huger, John G. Jackson, William Kennedy, Simon Larned, Thomas Lowndes, John B. C. Lucas, Nahum Mitchell, Oliver Phelps, Erastus Root, John Smilie, Henry Southard, William Stedman, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, Samuel Thatcher, David Thomas, George Tibbits, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, Lemuel Williams, and Marmaduke Williams.

Another motion was then made, and the question being put, that the said resolution be the order of the day for the first Monday in December next, it was resolved in the affirmative—yeas 70, nays 28.

Saturday, March 2.

The House resolved itself into a Committee of the Whole on the bill, sent from the Senate, entitled “An act to amend an act, entitled ‘An act for imposing more specific duties on the importation of certain articles; and, also, for levying and collecting light money on foreign ships or vessels,’” to which the Committee of Ways and Means, to whom it had been referred, reported no amendment, on the eighteenth of January last; and, after some time spent therein, the Committee reported the same to the House without amendment.

The House then proceeded to consider the said bill: Whereupon a motion was made and seconded that the further consideration thereof be postponed until the first Monday in December next, and the question being put thereon, it passed in the negative—yeas 43, nays 46, as follows:

Yeas.—David Bard, Silas Betton, Adam Boyd, William Butler, John Campbell, William Chamberlin, Martin Chittenden, Clifton Claggett, Frederick Conrad, Samuel W. Dana, John Davenport, Thomas Dwight, James Elliot, Ebenezer Elmer, John W. Eppes, Calvin Goddard, Peterson Goodwyn, Andrew Gregg, Gaylord Griswold, Roger Griswold, John Hoge, David Hough, Benjamin Huger, Samuel Hunt, John G. Jackson, Thomas Lowndes, John B. C. Lucas, Nahum Mitchell, Beriah Palmer, Thomas Plater, John Rea of Pennsylvania, John Rhea of Tennessee, Thomas Sammons, Thomas Sanford, Henry Southard, Richard Stanford, William Stedman, John Stewart, Samuel Taggart, Benj. Tallmadge, Samuel Tenney, Samuel Thatcher, and George Tibbits.

Nays.—Willis Alston, jun., Nathaniel Alexander, Isaac Anderson, William Blackledge, Walter Bowie, Robert Brown, Joseph Clay, Matthew Clay, John Clopton, Jacob Crowninshield, John Dawson, John Fowler, Josiah Hasbrouck, James Holland, David Holmes, William Kennedy, Nehemiah Knight, Simon Larned, Michael Leib, Matthew Lyon, Andrew McCord, William McCreery, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Roger Nelson, Anthony New, Thomas Newton, jr., Joseph H. Nicholson, Gideon Olin, John Randolph, Thomas Mann Randolph, Jacob Richards, James Sloan, John Smilie, Joseph Stanton, Philip R. Thompson, Abram Trigg, Joseph B. Varnum, John Whitehill, Lemuel Williams, Alexander Wilson, Richard Wynn, Joseph Winston, and Thomas Wynns.

And then the main question being taken, that the said bill do pass, it was resolved in the affirmative.

An engrossed bill further to provide for the accommodation of the President of the United States, was read the third time, and passed.

A message from the Senate informed the House that the Senate have passed a bill, entitled “An act supplementary to an act, entitled ‘An act making an appropriation for carrying into effect the Convention between the United States of America and His Britannic Majesty;’” to which they desire the concurrence of this House.

Eodem Die, 5 o’clock, P. M.

A message from the Senate informed the House that the Senate have passed the bill, entitled “An act supplementary to the act, entitled ‘An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes,’” with an amendment; to which they desire the concurrence of this House; also, the bill, entitled “An act further to alter and establish certain post roads, and for other purposes,” with several amendments; to which they desire the concurrence of this House.

The House proceeded to consider the amendment proposed by the Senate to the bill, entitled “An act supplementary to the act, entitled ‘An act making provision for the disposal of the public lands in the Indiana Territory and for other purposes:’” Whereupon,

Resolved, That this House doth agree to the said amendment.

Sunday, March 3.

Importation of Slaves.

Mr. Varnum, one of the members for the State of Massachusetts, presented to the House a letter from the Governor of the said State, enclosing an attested copy of two concurrent resolutions of the Senate and House of Representatives of the State of Massachusetts, passed the fifteenth of February in the present year, “instructing the Senators and requesting the Representatives in Congress, from the said State, to take all legal and necessary steps, to use their utmost exertions, as soon as the same is practicable, to obtain an amendment to the Federal Constitution, so as to authorize and empower the Congress of the United States to pass a law, whenever they may deem it expedient, to prevent the further importation of slaves from any of the West India islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof:” Whereupon, a motion was made and seconded, that the House do come to 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 a part of the said constitution, to wit:

“That the Congress of the United States shall have power to prevent the further importation of slaves into the United States and the Territories thereof.”

The said proposed resolution was read, and ordered to lie on the table.

Commodore Preble.

The resolutions sent from the Senate, “expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines, of his squadron,” together with the amendments agreed to this day, were read the third time; and on the question that the same do pass, it was unanimously resolved in the affirmative.

Eodem Die, 5 o’clock, P. M.

A message from the Senate informed the House that the Senate insist on their amendments disagreed to by this House to the bill, entitled “An act making an appropriation for the payment of witnesses summoned on the part of the United States, in support of the impeachment of Samuel Chase,” and desire a conference with this House on the subject-matter of the said amendments; to which conference the Senate have appointed managers, on their part.

The Senate have agreed to the amendments proposed by this House to the resolutions “expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines, of his squadron,” with amendments; to which they desire the concurrence of this House.

Divorces.

The order of the day for the House to resolve itself into a Committee of the Whole on the bill to authorize the Circuit Court of the District of Columbia to decree divorces in certain cases, being called for, a motion was made, and the question being put, that the said order of the day be postponed until the first Monday in December next, it was resolved in the affirmative.

A motion was then made and seconded, that the House do come to the following resolutions:

Resolved, That the Clerk of this House be, and he is hereby, directed to pay out of the contingent fund of this House, to every witness summoned on behalf of the House of Representatives, to attend the Senate in support of the impeachment of Samuel Chase, for every day’s attendance, the sum of three dollars, and the further sum of twenty cents for each mile in coming from and returning to his place of abode.

Resolved, That the Clerk be likewise directed to pay, out of the said fund, any other expense incurred by order of the managers of the said impeachment, and certified by their chairman.

On which motion, various efforts were made to obtain a decision of the House on the previous question, “that the House do now proceed to consider the said motion;” but no result could, in any instance, be obtained for the want of a quorum.

Adjournment.

After which, a quorum being present,

A message from the Senate informed the House, that the Senate have appointed a committee, on their part, jointly with such committee as may be appointed on the part of this House, to wait on the President of the United States, and notify him of the proposed recess of Congress.

The House proceeded to consider the foregoing message of the Senate, and

Resolved, That this House do agree to the same, and that Mr. John Randolph, Mr. Huger, and Mr. Nelson, be appointed of the said committee, on the part of this House.

Mr. John Randolph, from the committee appointed on the part of this House, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress, reported that the committee had performed that service; and that the President signified to them that he had no further communication to make during the present session.

A message from the Senate informed the House that the Senate, having finished the legislative business before them, are now ready to adjourn.

Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now about to adjourn, without day; and that the Clerk of this House do go with the said message.

The Clerk, accordingly, went with the said message; and, being returned,

The Speaker adjourned the House, sine die.[27]