Part 259

YEAS.--Messrs. Adams, Anderson, Bradley, Breckenridge, Brown, Cocke, Condit, Dayton, Gaillard, Jackson, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, White, and Wright--18.

NAYS.--Messrs. Baldwin, Ellery, Franklin, Hillhouse, Howland, Logan, Maclay, Olcott, Pickering, Plumer, Stone, Sumter, and Worthington--13.

In consequence of this vote Mr. Smith withdrew from the Senate, and resigned his place in a letter (affirming and arguing his innocence) to the Governor of Ohio.

This contested election, as involving a point of constitutional law, to wit, whether a State Legislature can add to, or diminish, the representative qualifications which the constitution prescribes? rises above a question between individuals, and becomes an exception to the general rule of this abridgment, to omit reports, debates, and proceedings on contested elections. The report of the committee, after extended debate, was agreed to by the House, almost unanimously--89 to 18.

This is a sensible speech, and its recommendations have since been adopted in practice by all the States, except in the classification of the militia and the estimate of volunteers. Experience--that of the war of 1812, and the late war with Mexico--has since proved that volunteers may be relied upon for all active service in the United States, either at home or abroad; and that, with the facilities of railroad transportation, such accumulated masses may be thrown upon any point as to crush any invading force. In fact, with railroads and volunteers, the idea of invasion has become obsolete, and the word never mentioned except from habit and past associations.

INDEX TO VOL. III.

Act, Embargo, the, 641.

ADAIR, JOHN, Senator from Kentucky, 348; on British aggressions on our commerce, 358.

ADAMS, JOHN QUINCY, Senator from Massachusetts, 6, 163, 345, 485, 547; for the issue of stock for the purchase of Louisiana, 18; on the amendment to the constitution relative to the election of President, 25; opposes removal of seat of Government, 46, 47; on suspending intercourse with St. Domingo, 349; on the bill to prevent the abuse of the privileges of foreign ministers, 364; on the bill for the relief of the ex-Bashaw of Tripoli, 372; on order of proceedings in the case of John Smith, 554; on the expulsion of Senator John Smith, 573; on amendment to the constitution relative to the removal of the Federal Judges, 607.

Address of Senate and House, in answer to President’s Messages.--See Index, vols. 1 and 2.

Admirals in the Navy.--See Index, vol. 2.

Admissions on the Floor of the Senate, considered, 39.

African Slavery, petition of Thomas Morris relative to, 166. See Index, vols. 1 and 2.

African Slaves.--See Index, vols. 1 and 2.

ALEXANDER, EVAN, Representative from North Carolina, 413, 613.

ALEXANDER, NATHANIEL, Representative from North Carolina, 50, 297.

Algerine War.--See Index, vol. 1.

Alien and Sedition Laws.--See Index, vol. 2, Seditious Practices and Defensive Measures.

Allegiance, Foreign.--See Index, vol. 1.

ALSTON, WILLIS, jr., Representative from North Carolina, 50, 285, 377, 493, 613; on the postponement of the bill to tax imported slaves, 141; on laying a duty on imported slaves, 387; on the payment of witnesses on the trial of Chase, 410; on importations from Great Britain, 464; on a plurality of offices in the same person, 468; on conference with the Senate relative to a repeal of the duties on salt, 482, 484; on the appropriation to build gunboats, 518; on securing the privilege of the habeas corpus, 533; on British aggressions, 617; on inquiring into the conduct of General Wilkinson, 645. See Index, vol. 2.

ALSTON, LEMUEL J., jr., Representative from South Carolina, 613.

Amendment to the Constitution.--Proposed in the Senate, 6; necessity of designating the persons severally, whom the people should wish to hold the offices of President and Vice President, 6; strongly recommended by State Legislatures, 6; note, 6; are three readings of a resolution required by the rules of the Senate? 6; opinions of Senators asked, 7; resolutions requiring the joint action of both Houses required to take the same course as bills, 7; this resolution proposes an alteration of the supreme law of the land, 7; amendments offered to the form and substance of the resolution, requiring a majority of votes of electors necessary to a choice of Vice President, and when wanting, referring his election to the Senate, 7; amendment proposed, that no person serve more than eight years, or more than four in any period of eight years, 7; moved to refer to a select committee, 7; subject too important to be hurried, 7; the business should be immediately proceeded with, 7; amendments carried and resolution referred, 7; committee report, 7; moved to strike out all relating to the appointment of Vice President, 7; object of the mover to put off the main question, 8; custom of some to arraign motives instead of meeting arguments, 8; charge of arraigning motives totally unfounded, 8; if this motion is considered it may jeopard the amendment for discrimination, as two-thirds of the State Legislatures will be in session in two or three months, 8; postponement moved, 8; lost, 8; report of the committee further considered, 21; question of order raised relative to a two-thirds vote, 21; motion to strike out all relating to the Vice President, lost, 21; various amendments adopted, 21; discussion on limiting the choice for President to natural-born citizens, 21; discussion on limiting the number from which the House shall choose a President, to three, 22; a point of importance to the small States, 22; the small States have no reason for any apprehension, 22; the number five desirable, 22; design of the constitution to secure a competition to the aspirant for the office, 23; this general amendment of the constitution unnecessary, 23; present mode may be the source of great good, 23; amendment read, 23; the Vice President should be chosen by the same ratio of numbers as the President, 23; he may by some casualty become President, 23; adopt the designating principle without some precautions, and you lose the assurance that the Vice President will be the second man in the nation, 24; if we designate any, then designate both President and Vice President, and on equal terms, 24; the number three is large enough, if the candidates are designated, 24; is not the constitution susceptible of correction under experience? 24; reason for adopting the number three instead of five, 25; this is really a question between great and small States, 25; in the old Congress the States were all equal, 25; the amendment calculated to produce more good than evil, 25; by reducing the number do you not attack the principles of the federative compact? 26; object of the amendment to make the election more certain by the people, by leaving it to them to designate the persons they preferred for each office, 26; the jealousy of States is nothing but the leaven of the old Congress, 26; why is no regard paid to the experience of the last election? 27; the most effectual mode to keep the selection out of the House is to fix it on the number three, 27; three conforms more to the spirit of the constitution than five, 27; the number three adopted, 27; reasons for opposing this amendment of the constitution, 27; the constitution bears marks of having been issued under the influence of State classifications, 27; effect of this amendment when two rival parties are arrayed against each other, 28; what inconvenience is there in the present mode? 28; the experiment has worked well, 28; importance of the Vice Presidency, 28; operation of the designating principle examined, 29; how amendments must be made, 29; this amendment affects the relative interest and importance of the smaller States, 30; it has a tendency to render the Vice Presidency less respectable, 30; the resolution contains principles which have a manifest tendency to deprive the small States of an important right, secured to them by a solemn and constitutional compact, and to vest an overwhelming power in the great States, 30; imperfections of man, 30; attempt to excite the attention, the vigilance, and even the jealousy of the small States, against the large, 31; constitution examined to place in its proper light the operation and effects of the resolution, 31; Madison on the mode of electing President, 32; what is the direct object of the proposed alteration in the choice of President, 32; intention of the plan adopted by the constitution for choosing a President, 33; the opposition to this discriminating amendment is condensed into a single stratagem, namely, an effort to excite the passion of jealousy in various forms, 33; two principles sustain the constitution--a majority of the people, and a majority of States, 34; these principles considered, 34; view under which the amendment should be considered, 34; is the amendment calculated or not to cause the popular principle to operate perfectly, and to prevent the abuse of an election by a minority, 35; does the amendment afford cause of jealousy to the smaller States, 35; instance of a government, the substance of the constitution of which is destroyed, but the form remains unaltered, 35; solution of this effect, 35; the design of the amendment is to bestow on the majority a power to elect a Vice President, 36; question carried, 37; not decided fairly, 37; two-thirds of the whole number elected are required, 37; amendment as adopted, 37; further amendment considered, 38; lost, 38.

In the House, report of the Committee considered, 58; evils relative to the election of President and Vice President were anticipated at the time of the adoption of the constitution, 58; amendment moved to the resolution, 58; true spirit and principle of the constitution, through the organs of government, to express public opinion, 58; the amendment moved proposes to elect the President by the House, not by States, 58; amendment misunderstood, 59; if any defect in the constitution, that defect perhaps consists in a departure from the plain and simple modes of an immediate election by the people, 59; a legislative election should be restrained to the smallest number, 59; the number should be five, instead of three, 59; object of the amendment should be to prevent persons voted for as Vice President from becoming President, 60; five will allow to the smaller States a larger scope for choice, 60; two comes nearer to the principle of the constitution than five, 60.

Relative to the removal of Federal Judges, resolutions offered, 341; referred to Committee of the Whole, 341; postponed to next session, 341; moved in the House, 413; postponement moved, 414; reasons against postponement, 414; an important means of bringing the administration back to the principles on which it came into power, 414; note, 414; history of corruptions, 415; causes of the delay in the business of the House, 415; a subject of last importance to the peace and happiness of the United States, 415; part of the constitution relating to the power of impeachment a nullity, 415; note, 415; reasons for postponement, 416; reasons against postponement, 416; postponement indefinite lost, 417.

Various amendments suggested.--State of the country at the adoption of the constitution, 607; Federalist and Republican, 607; one of the errors of the constitution, 607; modes of correction, 607; proposed to reduce the term of representatives to one year, 608; term of senators to three years, 608; President to be chosen by lot from the Senate, for one year, 609; objections considered, 609; advantages considered, 610. See Index, vol. 1.

AMY DARDIN’s claim, report on considered in the House, 82; report not agreed to, 82; moved to grant the prayer of the petitioner, 82; carried in committee, 82; amendment moved in the House, 82; committee instructed to bring in a bill, 82; motion to take up the bill, 85; move to postpone, in order ultimately to test the sense of Congress on repealing the statutes of limitation, 85; motion lost, 85; bill amended, so as to allow $2,500 for the horse Romulus, 85; the $2,500 negatived, 85; $2,300 adopted, 85; bill ordered to third reading, 85; bill lost, 85; petition of referred, 302; bill reported and read twice, 340. See Index, vols. 1 and 2.

ANDERSON, ISAAC, Representative from Pennsylvania, 50, 285, 377, 493.

ANDERSON, JOSEPH, Senator from Tennessee, 3, 165, 346, 547; favors temporary removal of seat of government, 46; further remarks, 47; elected President pro tem. of Senate, 169; on British aggressions on our commerce, 356; on expelling Senator John Smith, 598. See Index, vol. 2.