Part 325

EARLE, SAMUEL, Representative from South Carolina, 604.

EDWARDS, JOHN, Senator from Kentucky, 380, 441, 520.

Elections, contested, 94; case of Wm. Smith, 94; do. note__, 94.

Elections.--See Contested Elections.

Electors of President.--Bill in relation to election of President considered, 333; longer time for the choice of Electors of President and Vice President, 333; disagreeable consequences likely to follow a failure of choice, 333; moved to strike out thirty days, 333; if possible, the Electors should meet on the very day they are chosen, 333; fourteen days would be a more proper time, 333; it was hardly possible to know electors would agree in a choice--in such cases a short time might answer, 333; motion negatived, 333.

Objections urged to the clause requiring Executives to certify the names of Electors, 333; no person can be called on to discharge any duty for the U. S. who does not receive an appointment from the U. S., 333; if Congress cannot call upon Executives, upon whom can they call? 334; provision improper, 334; on the contrary, it is neither an undue assumption nor degrading to the Executives, 334; motion to strike out lost, 334.

ELLSWORTH, OLIVER, Senator from Connecticut, 9, 168, 251, 313, 380, 441, 520, 591; ordered to inform the House of a quorum in the Senate, &c., 9; appointed on Committee on Rules, in case of conference, first Congress--on electing Chaplain, 10; appointed on Judiciary Committee, first Congress, 10; on committee on titles of President and Vice President, 13; delivered message from the Senate to the House, 22; report upon the commencement of the term of office of President, &c., 171; on answer to President's speech, 596; on consideration of resolutions relative to presentation of French flag, 598; on resolutions relative to presentation of French flag, 599, 600.

ELMER, JONATHAN, Senator from New Jersey, 9, 151, 170.

Embargo.--See Great Britain, retaliatory measures upon.

Emigration, Proclamation of Spanish Governor of Illinois Posts, 114; encouragement of, 114.

Estimates of Money necessary for 1794, 480.

Excise Laws, Debate, 263. See "Duties on Imports" under head of Distilled Spirits; memorial on the, 328.

Excise.--See Duties on Imports, manufactured tobacco, 507.

Executive Departments.--Resolution respecting, 85; debate thereon, 85; how many departments shall be established? 85; three moved, 85; founded upon the constitutional division of these powers, 85; Home Department should be added, 85; previous motion withdrawn, 85; new motion to establish a Department of Foreign Affairs, one of the Treasury, one of War, 86; Department of Foreign Affairs agreed to, 86.

Mode of appointing the officer, 86; motion to strike out "by the President with the advice of the Senate," as unnecessary, 86; no serious reason against their insertion, 86; the power of appointing is the gift of the Legislature, as the Secretary is an inferior officer, 86; the words only repeat those in the constitution, 86; words struck out by a vote, 86.

Power of Removal in the President doubted, 86; impeachment the only mode, 86; what the consequences of such an interpretation, 86; absolutely necessary the President should have the power of removal, 87; if an officer can be removed only by impeachment, he holds his office during good behavior, 87; it does not consist with the nature of things that impeachment should be the only mode of removal, 87; the power given to the Senate respecting appointments would be almost nugatory if the President had the power of removal, 87; if the House had the power of removal by the constitution, they could not give it out of their hands, 87; not a proper construction of the constitution to say impeachment is the only mode of removal, 87; a legislative construction of this part of the constitution necessary, 88; in all cases the party who appointed should judge of the removal, unless otherwise excepted, 88; a liberal construction should be given to the constitution, 88; the President should be made as responsible as possible for the conduct of his officers, 88; how the constitution provides for the appointment of public officers, 89; the power which appointed had the right of removal--shall it be given to the President alone? 89; the power of removal exists somewhere, and where? 89; it is an executive power, and belongs to the President, 89; the power declared to be in the President by a large majority, 90.

Department of Foreign Affairs, in Committee of the Whole on the bill to establish a, 102; on the words, "To be removable from office by the President of the United States," 102; debate, 102; the power of appointing and dismissing united in their natures, 102; motion to strike out the words, 102; the declaration should not be made even if the President has the power, 102; no right to deprive the Senate of their constitutional prerogative, 102; we are declaring a power in the President which may be greatly abused, 103; the constitution the only guide; as it is silent, Congress should say nothing about it, 103; the nature of things; the express objects of the constitution require this power in the President as the most suitable person, and it must be conferred upon him by the constitution as the executive officer of the Government, 104; safer in the hands of the President than elsewhere, 104; if this power is not in the President, it is not vested anywhere, 105; this construction preserves to the department the full exercise of its powers, 105; the precedent of the individual States, 106; may arrive at something near certainty by attending to the leading principles of the constitution, 106; examination of the constitution, 107; motion to strike out decided in the negative, 108; passage of the bill, 108; same clause attached to the bill organizing Department of War, 108.

Treasury Department.--Debate, 90; shall this important department be in the hands of a single officer or in a Board of Commissioners? 90; duties to be assigned to the Secretary, 90; a Board of Treasury would conduct the business of finance with greater security and satisfaction than a single officer, 92; experience shows a Board of Treasury is the worst of all institutions, 92; experience with a single individual, 92; not so much system, energy, or responsibility in a Board as in a single officer, 93; with, a single officer there is safety, if the various business of the department is divided and modified, 93; with a Board more power is given to each individual than is proposed to give to a Secretary, 93; shall the department be under one or more officers is the question; what does experience show? 93; motion in favor of a Board lost, 94.

The words in bill to "digest and report plans for the improvement and management of the revenue and the support of public credit," objected to, 109; Debate thereon, 109; to require the Secretary to make out and prepare estimates is sufficient-- any thing farther is a dangerous innovation upon the constitutional privilege of the House, 109; to report plans will abridge the privileges of the House, 109; the bill will be nugatory without this clause, 109; it cannot infringe the privileges of the House, 109; from the nature of his office, the Secretary will be better acquainted than any other person, 110; the constitution expressly delegates to us the business of revenue--if we blindly follow an unskilful minister, our constituents have no security, 110; the power of originating money bills here is a sacred deposit, 110; we may neither violate it nor divest ourselves of it, 110; the circumstances of the country are such that the House needs the aid of such an individual, 111; too great jealousy for liberty hurtful, 111; the clause is unsafe and inconsistent with the constitution, 111; the object of the clause is good, viz: to get information, but the Secretary should not possess a right to give it, 111; what is this officer to be responsible for, to entitle him to such powers? 112; difficult to see where the danger lies, 112; what is meant by responsibility? 112; something of the kind is required in the bill, 112; motion to strike out lost, 113.

Home Department moved, 127; duties of it proposed, 127; necessity of it not apparent, 127; duties may be distributed to other departments, 127; they have not been so distributed, 127; foreign to the other officers, 128; economy forbids it, 128; motion to establish lost, 128.

Reception of a Letter from the Head of Department.--Motion to refer a message of the President laying before Congress a copy of a letter from the Secretary of War, &c., 566; objected to, as showing too much deference to heads of departments, 566; the President had a right to send the communication and the subject of utmost importance, 567; it is an executive comment on a Legislative proceeding, 567; a defence of a measure adopted by the Senate condemned by implication another of the House, 567; no good reason to reject information because we had not asked for it, 567; reference to the constitution, 567; such jealousy needless, 567; objections unfounded, 567; letter of Secretary extremely improper and ill-judged, 567; former practice, 568; passage from the letter, 568; the idea of a dangerous precedent at hand, 568; report unworthy of the notice of the House, 569; the amendment wrong in principle and practice, 569; farther consideration of the subject, 570; amendment negatived, 571.

FEW, WILLIAM, Senator from Georgia, 9, 168, 251, 309, 380; on committee of arrangements for reception of President, 10; appointed on Judiciary Committee, 1st Congress, 10.

FINDLAY, WILLIAM, Representative from Pennsylvania, 317, 389, 455, 532, 606; on the ratio of representation, 324; on the petition of Catharine Greene, 336; on discharging committee in case of St. Clair, 395; on the reduction of the army, 408; further remarks, 414; on the official conduct of the Secretary of the Treasury, 424; objects to additional duty on salt, 506; on intruders on Indian lands, 585; on a salary for members of Congress, 636; on the rights of the House relative to treaties, 668.

FISHBOURN, BENJAMIN, nomination as naval officer at Savannah rejected by the Senate, 17.

FITCH, JOHN, petition for protection of his rights in applying steam power to purposes of navigation, 73.

FITZSIMONS, THOMAS, Representative from Pennsylvania, 22, 175, 255, 315, 388, 455, 527; remarks on duties on imports--offers an amendment fixing certain duties on certain articles, 24; on duty on molasses, 29, 30, 31; on duty on Madeira wine, 31; on duty on teas, 32; on sugar, 33; on duty on beer, &c., 33; do. on candles, 34; advocates do. on unwrought steel, 35; on duty on hemp, 36; do. on nails, 38; motion relative to duty on teas, 41; proposes drawback on distilled spirits, 43; proposes drawbacks on foreign goods exported, 43; opposes low tonnage duties, 54; explanation of his remarks relative to duty on molasses, 69; on the time for continuing in force the impost bill, 77; further remarks, 84; on the finances, 128; offers resolution for the appointment of commissioners to select site for a seat of government, &c., 159; presents the address of Friends in Pennsylvania, &c., against the African slave trade, note, 201; on Treasury returns, 263; against attendance of Secretary of War, 391; on the reduction of the army, 400; on official conduct of Secretary of Treasury, 426; on the pay of soldiers, 460; on the French emigrants from St. Domingo, 463; on the commerce of the United States, 468; on the preparations for the Algerine war, 478; against the embargo laws, 499; defends the tax on coal, 506; on duty on sugar, 513; on an increase of the army, 515; amendment relative to the President's speech, 533, 537; on intruders on Indian lands, 585.

French Flag.--Resolutions relating thereto, considered in the Senate, 597; moved to postpone consideration, 597; it might convey a distrust of the sense of the Senate on the Republic, 598; no difference of feeling in the Senate on the subject, but more time was desirable, 598; moved to strike out certain words, 598; the parts of the President's communication, 598; the subject was divided into two parts, 599; other points considered, 599; the Senate should express their own sentiments, 599; former practice, 600; other cases considered, 600; no difference, except in a matter of form, 600; further considerations, 601; motion carried, 601; presentation to the House, 615; do. description of, 615.

Flag of the United States.--A bill from the Senate to alter the flag of the United States, considered, 461; if it is altered from thirteen to fifteen stripes because Vermont and Kentucky have been added, it may be necessary to alter it for a hundred years, 461; very important not to offend the new States, 461; the whole idea ridiculous, 461; important to inform the rest of the world that two States were added, 461; the alteration would cost every vessel in the Union sixty dollars, 462; bill ordered to third reading, 462.