FEBRUARY, 1800. Non-intercourse with France. SENATE. ways be too great, by the Constitution giving to the President the right to nominate to all offices, and his agency in the formation of treaties. To balance and in some degree to correct this too great influence in the Executive, it ought to be the care of Congress never to add to it, if it can be avoided with any kind of convenience, lest they should destroy their own necessary and Conthey alone are authorized to put their hands into the pockets of their constituents, they only ought to judge and decide upon those great legislative questions, which may lead to requisitions for money or to cramp or touch the means by which alone our citizens can furnish it. That the power to adopt measures that may in their tendeney lead to or touch the subject of war or commerce, is so intimately connected with the power to tax, that we may just as well suppose Congress can delegate the right to the President to lay and levy taxes as they can the authority to regulate commerce in the way this bill proposes. I will suppose a case, that Congress should be of opinion a sum of money might possibly be wanted during their recess; that they were to determine the amount, and vest the President with the power to call for it or not, as he should please; but if he did require it, he should have the authority to lay and levy taxes for that purpose. Suppose an attempt of this sort was made, and that the Executive should levy taxes on houses and lands, and except from the tax money at interest, stock, or that kind of property which he wishes to favor; could you justify the delegation of such authority, or wonder at the abuse of it? Nogentleman will say such a delegation could constitutionally be made. Yet you can delegate with infinitely more safety the regulation of taxes than of commerce, because, by the means of commerce, you not only give an arbitrary power over the natural wealth of a particular State, or part of a nation, but you give a power which enables the person trusted with it at all times to involve the country in war, by granting particular favors to one nation, or a part of a nation, which are denied to another. Who will undertake to say, that by such a power over the commerce of a country, it may not at any time be involved in war? Yet you cannot, by the Constitution, delegate the right to make war. How then can we rush into so great an inconsistency, as to give, indirectly, a power which is directly precluded from delegation? tion of them? If it has wisely said, that delicate and important powers like these ought only to be exercised by the representatives of the peoplethat they are the only safe depositaries of them; that they ought to judge when measures are to be adopted, which may in their consequences lead to war-that they alone ought to judge how far commercial prohibitions, extending to a whole nation and its territories. ought to be carried, when re-stitutional weight in the Government. That as moved, and when again renewed-can they delegate this authority without interfering with the intentions of the Constitution? The design of that instrument clearly was, that no individual should possess the dangerous power of involving this country in war, or of regulating its commerce; and yet will any man deny, that the powers here delegated are not such as may, by an unwise or precipitate use of them, lead inevitably to war? In the act I have alluded to, respecting the provisional army, how great is the power given to an | individual, to raise or not, as he pleases, an army of 10,000 men, and in the present to open or shut the intercourse with the dominions of one of the greatest Powers in the world! Is not this, as far as those dominions extend, and during the continuance of the law, completely giving to the President the power to regulate commerce? Are not, in fact, these continued delegations adding to the precedents for establishing an Executive influence in this country, which may one day increase to what it is in England? We know what it is there, and we begin to see what it may be here; it must ever be too great here, by what I have always considered as improper in the Constitution, the giving to the President the nomination to all offices. But if we are perpetually to add to it in this manner, there will be no knowing where it will end. Only consider what would have been the patronage of a whole army, and the immense power of opening either wholly or partially a trade so important as this is, and shutting it at his pleasure. If he should determine to open it at some fixed period, he cannot lock up this in his own breast. He has executive officers he always consults, and must they not know, and may they not have commercial and other friends to whom they may entrust so important a secret? Is it not possible such things may happen? Has not rumor been already busy on this subject? Have we not heard complaints about the manner in which the trade to St. Domingo was carried on last year, or have they not yet reached this or the other branch? But whether they have or not, or any improper conduct has taken place, is not so great a power open to the abuse and evils I have mentioned? Is it not vesting a power unauthorized by the Constitution, and adding immensely to that Executive influence which has already become too great? The only truly vulnerable part in our Constitution is the patronage of the Executive, and the establishment of that undue influence in our councils, which may one day contribute to destroy the important agency which the nature of our Government, and the safety of the people, always require the representative part of it.to possess. This I have already observed must al This bill not only goes to keep up the present state of things with France, but may, by a part of it, eventually involve you in a war with Spain, a Power with which you are not only upon friendly terms at present, but carry on one of the most lucrative branches of your foreign commerce-I mean the trade with Cuba. You have by this bill declared, that for its purposes, the whole of Saint Domingo should be considered as a dependency of France, notwithstanding it is well known that the Spanish part of it is in possession of their Government and its officers, and ought to be considered as a part of the Spanish territories, until it has been formally delivered to the French, and their officers govern it. It may be said that we know, by the treaty between Spain and France, it was ceded to the latter; but how can we be sure that since that period some secret agreement has not taken place, and that it is returned to Spain? Is it not probable, by her keeping possession, that it is so; and ought not the delivery of the place, and the change of rulers and laws, to be the criterion with us for judging to what power a territory belongs? Can the annexing the Span1sh part of that island to the French, for the purposes of this bill, be an object with us to risk the enmity of Spain, and the loss of the Havana trade to our merchants? I should suppose not; and that this new section is an unnecessary and impolitic one, and ought not to be adopted. I come now to the policy of continuing this bill at all, or, if at all, whether it can be politic to extend it, as the last mentioned section proposes; or whether it would not be better to narrow its limits, and the territories it is to affect. I know it is a favorite theme with the Government, that until a peace is established with France, we must preserve our attitude, and keep up all the measures of defence that have been gone into, to protect us from her hostility. When, therefore, we see several of those measures either relaxed in or altered, or no measures taken to renew them; such, for instance, as stopping the enlistments for the army, and not reviving the alien law, or pushing the building of the seventy-fours, it is a strong proof that Government and its friends think there is a sincerity in the offers of the French, and that our negotiations will terminate successfully. Honorable peace, therefore, being our great object, may not suffering this act to expire without renewal, or if revived, by lessening its restrictions, and the places it is to operate upon, hold out such confidence, on the part of our Government, in the sincerity and justice of the French administration, as may be the best means of insuring future conciliation and friendship? No great danger can arise to our commerce, for few of our merchants will venture, until they know that peace is made; and if the reports which are in circulation are true, that they have ordered their cruisers to respect our neutral rights, the risks will be very small. I have no doubt, myself that peace will be made; it is peculiarly the interest of France to have it, and this cannot be unknown to or undesired by the consummate politician who now directs her affairs. I am sure it is the wish of every gentleman to do all in his power to promote the desirable end of honorable peace, particularly of those from the Southern States. It is on them the weight of the loss of the commercial intercourse with France has princially fallen. The Northern and Eastern States have not been without feeling their share of the loss of an intercourse with its European dominions, and, until August, with the West Indies; but from Maryland inclusively to Georgia, has the loss been greatest. Our whole exports were 78,664,000 dollars, of which 33,142.000 are of domestic growth, and upwards of 45 millions of foreign. Of our domestic growth, FEBRUARY, 1800. nearly ten millions of pounds of cotton, and very little short of one hundred thousand hogsheads of tobacco are exported. Flour and rice are also considerable articles; upwards of 110,000 barrels of rice being exported, and principally from South Carolina. It will be easily seen, that if in the exports of these articles, the French market had been open, and added to the other European markets, that in the sales of our tobacco, cotton, flour, and rice, the prices must have been greatly increased. From some regulations I am informed of in the custom-houses, I have not been able particularly to ascertain the amount of exports from each State to France. I am told, that the exports from Phil│adelphia, for 1796, were, to France, 913,880 dollars; to the French Antilles, 3,250,584; to the islands of France and Bourbon, 20,967. This being the export from that city alone, we may easily judge how great must be the amount of exports from all the States, and how important this intercourse is. I have been credibly informed, that while the Virginia and North Carolina tobacco planters. and the Georgia and South Carolina tobacco and rice planters were obliged at one time to take for their tobacco, four and five dollars per hundred here, that that article was selling in France at fifty dollars; and while the rice planters were obliged to take six and seven shillings, that rice sold there at upwards of thirty-eight livres; and that cotton is now selling there at a price which is so great, that the moment the intercourse is opened, there is no knowing to what an amount the price of cotton in Georgia and South Carolina will be increased. Although the Northern States may suffer in some degree in having the intercourse with France stopped, they are by no means injured in proportion with the Southern States, because the Northern have an important commerce direct with the East Indies, which is scarcely known, and not at all pursued, in the Southern States: they therefore by no means feel the loss occasioned by this intercourse as much as we do. View the price of tobacco at this moment, and what was the low price of rice, until the accident of a scarcity in England has given it for the present a rise. Indeed, to any man the least acquainted with the subject, there can be no difficulty in asserting, that on the Southern States has the loss of this intercourse principally fallen, and that whenever the American Government shall deem it expedient to stop it, the tobacco planters of Virginia and Maryland, and the rice, cotton, and tobacco planters of Georgia and North and South Carofina will always have to bear the principal part of the loss. Nor do I believe, that this act has answered the end intended by it, which was to distress France, and deprive her of these articles, so necessary to her convenience. She has generally obtained them, notwithstanding our prohibition, by the way of Hamburg and Great Britain. It is true the French have had to pay higher for them by this circuitous route; but it is equally true, the Southern American planters have in consequence had to sell them at a lower price. It has entirely destroyed all competition in their market, and placed them entirely at the mercy of the Ham FEBRUARY, 1800. Non-intercourse with France. SENATE. that the ruin of every free government has been formerly occasioned. burg and British merchants. In short, it has contributed to make Great Britain principally, and Hamburg in a less degree, the depots of all Amer- "Men (says Algernon Sidney) are naturally proican produce; for, while this intercourse is pro-pense to corruption, and if he whose interest and will hibited, we have scarcely any other market to it is to corrupt them, be furnished with the means, he send it to. We must entirely depend on the Bri- will never fail to do it. Power, honors, riches, and the tish market, and it operates, in point of commerce. pleasures that attend them, are the baits by which men almost as conveniently for them, as if we were still are drawn to prefer their personal interest before the their colonies. In mentioning this, I desire by no public good; and the number of those who covet them means to be understood as intending to justify the is so great, that he who abounds in them will be able to conduct of France, in capturing our vessels, or re-gain so many to his service, as shall be able to subdue fusing to treat with us. Their conduct was not the rest. It is hard to find a tyranny in the world that only unjustifiable, but impolitic in the extreme; has not been introduced this way; for no man by his and their then rulers must have been blind to their own strength, could subdue a multitude; no one could own interests. But I have done it with a view to ever bring many to be subservient to his ill designs, show the importance of the intercourse with but by the rewards they received or hoped. By this France, whenever our national honor and safety the liberty of his country, and with it all that was then means Cæsar accomplished his work, and overthrew permit, and that nothing but the most urgent ne- good in the world. They who were corrupted in their cessity can justify our continuing the prohibitions minds, desired to put all the power and riches into his a day longer than is necessary. hands, that he might distribute them to such as served him." With these reasonings of this illustrious patriot, clude my observations against the bill. to whose force it is impossible to add, I shall con the bill, and it was determined in the affirmative The question was then taken on the passage of YEAS-Messrs Anderson, Bingham, Chipman, Dayton, Foster, Goodhue, Greene, Gunn, Hillhouse, Howard, Lloyd, Paine, Ross, Tracy, Watson, and Wells. Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney. NAYS-Messrs. Baldwin, Bloodworth, Brown, Cocke, I consider it as my duty to make a remark here, which springs necessarily from the question-it is this: that as our original ground of dispute with France, was the illegal capture of our vessels, contrary to the law of nations, that we ought to convince France and the world that our conduct is intended to be equal to all nations; that it is not because they have any particular prejudice against-yeas 19, nays 10, as follows: France, that our Government adopt these measures, but because she has violated their neutral rights; and that whenever any other nation acts in a similar manner, our Government will use every exertion to remove the inconvenience, and endeavor, at least by examination and remonstrance, to have justice done to their citizens. I did, therefore, expect that long before this, some inquiry would have been made into the captures which have been alleged to be made of our vessels by other nations. It is loudly asserted in the papers, that a very great number of our vessels have been taken; and that, in a variety of instances, the most established principles of the laws of nations have been violated. If so, we have a right to expect the same measures of protection as were taken with respect to France, will now be afforded to our merchants against the depredations of any other Power, and that our Government will prove itself just and impartial in all its proceedings to every nation. I hope it will, and that all its operations may be so founded in wisdom and policy, as not only to restore to us the peace of our former friends, but to insure to us the blessings of an undisturbed commerce with all the world. So it was, Resolved, That this bill pass with the amendments. The Senate took into consideration the motion made yesterday, that a standing Committee of Privileges, consisting of members, be appointed. On motion, it was agreed that the motion be amended to read, as follows: Resolved, That a Committee of Privileges, consisting of five members, be appointed, to continue during the present session. And, on motion to agree to the motion as amended, it passed in the affirmative-yeas 22, nays 7, as follows: YEAS-Messrs. Anderson, Bingham, Brown, Chipman, Dayton, Foster, Franklin, Goodhue, Greene, Gunn, Hillhouse, Howard, Latimer, Laurance, Livermore, Lloyd, Marshall, Paine, Ross, Tracy, Watson, and Wells. NAYS-Messrs. Baldwin, Bloodworth, Cocke, Langdon, Mason, Nicholas, and Pinckney. So it was, Resolved, That a Committee of Privileges, consisting of five members, be appointed, to continue during the present session; and that Messrs. DAYTON, TRACY, LATIMER, CHIPMAN, and BROWN, be the committee. For the reasons I have mentioned, I shall vote against this bill. Indeed, if I was ever so much convinced of the propriety of continuing the prohibition until peace was made with France, I should vote against this bill, in its present form, on the ground that the delegation of power it contains, is unconstitutional; and that in our Government nothing can be more dangerous to its free- Mr. HOWARD, from the committee to whom was dom and future fate, than the increase of the pat-referred the bill, sent from the House of Repreronage and influence of the Executive-that it goes to destroy entirely the unbiassed Constitutional agency of the Representative branch, and undermine our liberties, precisely in the manner sentatives, entitled "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," reported the bill without amend ment. SENATE. be Proceedings. A motion was made, by Mr. TRACY, that it FEBRUARY, 1800. The Senate resumed the second reading of the bill, sent from the House of Representatives, entitled "An act to extend the time of payment of bonds given for duties of impost, in certain cases;" and, after progress, Mr. Ross, from the managers at the conference on the amendments to the bill, entitled "An act in addition to an act, entitled 'An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," reported that the Senate insist on their amendments. Resolved, That the Committee of Privileges be, and they are hereby, directed to inquire who is the editor of the newspaper printed in the city of Philadelphia, called the General Advertiser, or Aurora, and by what means Ordered, That it be recommitted to the original the editor became possessed of the copy of a bill prescrib-committee, further to consider and report thereon ing the mode of deciding disputed elections of President to the Senate. and Vice President of the United States, which was printed in the aforesaid newspaper, published Wednesday morning, the 19th instant, February, and by what authority he published the same; and by what authority the editor published in the same paper that the honorable Mr. Pinckney, a Senator from South Carolina, and a member of the committee who brought before the Senate the bill aforesaid, had never been consulted on the subject. And generally to inquire the origin of sundry assertions in the same paper, respecting the Senate of the United States, and the members thereof, in their official capacity, and why the same were published; and make report to the Senate. And that the said committee have power to send for persons, papers, and records, relating to the subject committed to them. Ordered, That the report lie for consideration. letter from Samuel Meredith, Treasurer of the Ordered, That they lie on the table. The Senate resumed the second reading of the Ordered, That this motion lie for consideration. The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elecbill prescribing the mode of deciding disputed elections of President and Vice President of the Unitions of the President and Vice President of the ted States; and, after progress, adjourned. United States; and after progress, adjourned. THURSDAY, February 27. Mr. BINGHAM presented a memorial, signed by the President of the Board of Health for the city of Philadelphia, praying a more general extension of the quarantine laws; and the memorial was read. Ordered, That it be referred to Messrs. BINGHAM, WATSON, and GOODHUE, to consider and report thereon to the Senate. The bill, sent from the House of Representatives, entitled "An act to continue in force an act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein, and for other purposes, as therein mentioned," was read the second time, and referred to Messrs. LANGDON, and NICHOLAS, to consider and report thereon to the Senate. The bill, sent from the House of Representatives. entitled "An act to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, entitled 'An act to regulate the collection of duties on imports and tonnage," was read the second time, and referred to Messrs. BINGHAM, GOODHUE, WATSON, and BROWN, to consider and report thereon to the Senate. The bill authorizing Seth Harding to locate certain lands in the Territory of the United States Northwest of the river Ohio, was read the second time, and recommitted to the original committee, further to consider and report thereon to the Senate. The bill, sent from the House of Representatives, entitled "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," was read the second time, and ordered to the third reading. FRIDAY, February 28. The Senate took into consideration the report of the managers at the conference on the amendments to the bill, entitled "An act in addition to an act, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen." Resolved, That they do insist on their said amendments. Mr. SCHUREMAN, from the committee, reported that they had examined and found duly enrolled the bill, entitled "An act providing for the second census or enumeration of the inhabitants of the United States." The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States; and, after debate, the further consideration thereof was postponed. The Senate took into consideration the motion made on the 3d instant, for an amendment to the Constitution, respecting the appointment of the Chief Justice and Judges of the Supreme Court to other offices; and, after debate, Resolved. That the consideration of the motion be postponed to Tuesday next. A message from the House of Representati ves informed the Senate that the House recede from their disagreement to to the amendments of the Senate to the bill, entitled "An act in addition to an act, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," so far as to agree to it with certain amendments and modifications. MARCH, 1800. Proceedings. SENATE. The Senate took into consideration their amend- word "twenty-four," it passed in the affirmative ments disagreed to by the House of Representa-yeas 16, nays 13, as follows: tives, to the bill mentioned in the foregoing message; and Resolved, That they do recede from so much of their amendment as is disagreed to by the House of Representatives, and agree to their amendment to the amendment of this House. The bill sent from the House of Representatives, entitled "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," was read the third time and referred to the original committee, further to consider and report thereon to the Senate. Ordered, That Mr. DAYTON be added to the committee to whom was referred the bill, entitled "An act to establish an uniform system of Bankruptcy throughout the United States." The Senate took into consideration the motion made on the 17th inst., respecting an uniformity of weights and measures; and Resolved, That it be referred to the Secretary of the Treasury to prepare and report to this House a plan for establishing an uniformity in the weights and measures of the United States. The Senate took into consideration the motion made on the 26th inst., relative to certain lands claimed by the United States within the State of Tennessee; and the motion being amended, was adopted, as follows: Resolved, That a committee be appointed to inquire into the situation and extent of the vacant and unappropriated lands claimed by the United States, under the cession of the State of North Carolina, and the expediency of making provision for the disposition thereof; and that Messrs. ANDERSON, MARSHALL, and CHIPMAN, be the com mittee. SATURDAY, March 1. Mr. GOODHUE, from the committee to whom was referred the amendment to the bill, entitled "An act providing for salvage in cases of recapture." made report. Whereupon, Resolved, That the Senate agree to the amendments of the House of Representatives to their amendment on the said bill. MONDAY, March 3. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of Thomas Arnold," and a bill entitled "An act to establish a general stamp office," in which bills they desire the concurrence of the Senate. The Senate resumed the consideration of the amendment proposed to the first section of the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States. On motion to amend the amendment, which stood "draw by lot in each House, and in the following manner, eighteen members thereof," by expunging the word "eighteen," and inserting the 6th CoN.-3 YEAS-Messrs. Anderson, Chipman, Dayton, Foster, Goodhue, Hillhouse, Howard, Latimer, Laurance, Livermore, Paine, Read, Ross, Schureman, Tracy, and Watson. NAYS-Messrs. Baldwin, Bingham, Bloodworth, Brown, Cocke, Franklin, Greene, Langdon, Lloyd, Marshall, Mason, Nicholas, and Pinckney. On motion to amend the second section proposed as an amendment to the bill, by expunging these words: "reduce by lot, in the manner before prescribed, the committee above selected, to the number of six," and to insert "choose by ballot six out of the committee above selected," it passed in the affirmative-yeas 15, nays 13, as follows: YEAS-Messrs. Bingham, Chipman, Dayton, Foster, Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore, Paine, Read, Ross, Tracy, and Watson. NAYS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, Franklin, Howard, Langdon, Lloyd, Mason, Nicholas, Pinckney, and Schureman. On motion to agree to the amendment amended, as follows: Section 1, lines 6, 7, and 8, strike out these words "choose by ballot in each House six members thereof, and the twelve persons thus chosen," and insert the lowing manner, twenty-four members thereof, viz : that following: "draw by lot in each House and in the folthe Senators present, on distinct pieces of paper, of nearthe Secretary of the Senate shall write the names of all ly equal size, and shall roll them up and place them in a box, which shall be then shaken and intermixed together; after which, the Secretary of the Senate shall draw out of the said box the said pieces of paper with the names written on them, until twenty-four names of the Senators then present shall be so drawn. He shall deliver the same to the President of the Senate, who shall open and read them aloud, and the Secretary of the Senate shall write down the names so called. Clerk of the House of Representatives shall, on the same day, write the names of all the members of the said House present, on distinct pieces of paper, of nearly equal size, and shall roll them up and place them in a box, which shall be then shaken and intermixed together; after which, the Clerk of the House shall draw The out of the said box the said pieces of paper with the names written on them, until twenty-four names of the members then present shall be drawn. He shall deliver the same to the Speaker of the House, who shall open and read them aloud, and the Clerk shall write down the names so called. "And be it further enacted, That, previous to the day preceding the second Wednesday in February of any year, the Senate and House of Representatives shall then, respectively, proceed to choose, by ballot, six out of the committee above selected:" It passed in the negative-yeas 4, nays 24, as follows: YEAS-Messrs. Anderson, Bloodworth, Langdon, and Mason. man, NAYS-Messrs. Baldwin, Bingham, Brown, ChipCocke, Foster, Franklin, Goodhue, Greene, Hillhouse, Howard, Latimer, Laurance, Livermore, Lloyd, Marshall, Nicholas, Paine, Pinckney, Read, Ross, Schureman, Tracy, and Watson. On motion, to insert in the 10th section, line 9th, |