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thorizing "the proper accounting officers of the Treasury to adjust and settle the accounts and claims of Daniel D. Tompkins, late Governor of the State of New York, on principles of equity and justice, subject to the revision and final decision of the President of

the United States."

The committee have no doubt that Governor Tompkins has been and yet is a creditor of the Government to a large amount, and that every principle of justice would recommend a prompt and liberal settlement of his accounts, upon the basis of the foregoing report; but they are of opinion, also, that the act of Congress before recited gives sufficient authority for this purpose.

[APRIL, 1824.

Mr. TUCKER said, on making his motion to postpone the Tariff bill to the 1st of December next, he did not rise to make a speech, because other gentlemen had already expressed his views of the subject under discussion much better to his satisfaction. But I am of opinion, said than he was capable of doing, and much more Mr. T., that this discussion, and the course that has been pursued, are sufficient evidence of the impropriety, at least, of laying duties for any purpose except revenue. And if we can place any confidence in the opinion of the President of the United States, and Secretary of the TreasSo far as the committee have been informed, it ap- ury, there is no necessity for increasing the pears that the aforesaid act has been liberally inter- revenue, except it should be thought necessary preted by the President and the accounting officers, to carry into operation a system of internal imand that, under the provisions of that law, the Presi-provement-a project, he believed, equally as dent of the United States now possesses the power, unconstitutional as the proposed tariff, and and ought, in the opinion of the committee, to exer- which will be equally as partial in its operation, cise it, of doing full and liberal justice to Governor and oppressive in its effect; both of which I Tompkins. tion, unwise, and impolitic-measures which I consider a violation of the spirit of the constituprotest against. Some gentlemen contend that, if the bill should pass, it will increase the revenue, and encourage domestic industry; and that, by increasing the duty, the articles will come cheaper to the consumer, &c. I cannot believe such doctrine. To say that the manufacturers cannot go on without increasing the present duties, to enable them to compete with foreign manufactures, and thereby place it in the power of the manufacturers to charge more for their articles, and yet that they will come cheaper to the consumer, seems to me absurd.

The committee do not perceive any good reason, therefore, for making any change in the existing law, and recommend the following resolution:

Resolved, That the Committee of Ways and Means be discharged from the further consideration of the subject, and that it be again referred to the President of the United States for his final decision.

Some conversation arose between Mr. McLANE and Mr. COCKE, on the subject, when Mr. COOKE moved to lay the report on the table. The motion was agreed to-ayes 76, noes 60.

The Tariff Bill.

The House having resumed the consideration of the bill for a revision of the Tariff

Mr. TUCKER, of South Carolina, renewed the motion he had yesterday made for a postponement of the Tariff bill to the first day of December next; on which question the yeas and nays were required.

Mr. TRIMBLE moved for a call of the House; the motion was agreed to-ayes 87, noes 78. A call of the House was accordingly ordered. The names of the absentees were called and the doors closed.

Mr. LITTLE then moved to dispense with all further proceedings in the call. The motion was negatived. Ayes 78, noes 103.

Excuses were then offered for several absentees, and accepted.

Mr. WEBSTER moved that all further proceedings on the call be dispensed with.

Mr. TRIMBLE opposed the motion. The question was taken and decided in the affirmative. Ayes 110.

Mr. MERCER protested against either an indefinite postponement, or taking the previous question on this bill, whilst amendments were pending, and others ready to be offered.

Mr. TRIMBLE then required the previous question. The House refused to sustain the call ayes 94, noes 97.

Mr. WEBSTER stated his reasons for voting against the indefinite postponement of the bill. Mr. RANDOLPH expressed nearly the same views.

Our constitution was formed to establish justice, insure domestic tranquillity, provide for the common defence and general welfare of this Union. But if these projects are carried into operation, they must and will have a contrary effect. From some sections of this Union, petitions have been presented from many manufacturers, praying for protection; which, if they succeed, must operate against the interest of every other class, except themselves, and be particularly oppressive to the people in the Southern States.

This subject has been too long discussed, and I have no doubt every gentleman's mind is made up on it, and that the vote now would be the same that it would be a month hence. I think the bill worse now, than when it was reported by the Committee of the Whole, and as I am opposed to the bill with any amendments that could be made; and, for the purpose of putting an end to further discussion and amendment, I shall move for the postponement of it. I think it time for the present session to come to a close; I, for one, wish to go home; but, if gentlemen think we should stay longer, I am of opinion our time can be much better employed on other subjects. I call for the ayes and noes on the question of postponement.

Mr. HAMILTON and Mr. P. P. BARBOUR made a few observations in reply. When the question was taken on indefinite postponementyeas 45, nays 155.

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The question then recurred on the amendment previously offered by Mr. WILLIAMS, reducing the duty on salt to 10 cents per bushel.

Mr. Ross called for the previous question. The House refused to sustain the call-ayes 93, noes 95.

Mr. SANDFORD made some general remarks in opposition to the bill.

Mr. REED stated facts, and quoted memorials in opposition to the amendment proposed.

Mr. FLOYD advocated the reduction, which was also supported by Messrs. RANDOLPH and MOORE, of Alabama; when the question was taken by yeas and nays-yeas 81, nays 122, as

follows:

YEAS.-Messrs. Abbot, Alexander of Virginia, Allen of Massachusetts, Allen of Tennessee, Archer, Barber of Connecticut, P. P. Barbour, J. S. Barbour, Bartlett, Buck, Burleigh, Burton, Campbell of South Carolina, Carter, Cary, Cobb, Cocke, Conner, Culpeper, Cushman, Edwards of, North Carolina, Floyd, Foot of Connecticut, Forsyth, Frost, Garnett, Gatlin, Gist, Govan, Hall, Hamilton, Harvey, Hayward, Houston, Kent, Lathrop, Lee, Leftwich, Little, Livermore, Long, McCoy, McDuffie, McKee, McKim, Mangum, Matlack, Mercer, Mitchell of Maryland, Moore of Alabama, Neale, Owen, Plumer of New Hampshire, Poinsett, Randolph, Reynolds, Rives, Rogers, Saunders, Arthur Smith, Alexander Smyth, William Smith, Spaight, Spence, Standefer, Sterling, A. Stevenson, J. Stephenson, Stoddard, Taliaferro, Tattnall, Thompson of Georgia, Tomlinson, Tucker of Virginia, Tucker of South Carolina, Vance of North Carolina, Warfield, Wayne, Williams of Virginia, Williams of North Carolina, and Wilson of South Carolina-81.

NAYS.-Messrs. Adams, Alexander of Tennessee, Allison, Baylies, Bartley, Bassett, Beecher, Blair, Breck, Brent, Brown, Buchanan, Buckner, Cady, Campbell of Ohio, Cassedy, Clark, Collins, Condict, Cook, Crafts, Craig, Crowninshield, Cuthbert, Day, Durfee, Dwinell, Dwight, Eaton, Eddy, Ellis, Farrelly. Findlay, Foote of New York, Forward, Fuller, Garrison, Gazlay, Gurley, Harris, Hayden, Hemphill, Henry, Herrick, Herkimer, Hobart, Hogeboom, Holcombe, Isacks, Jenkins, Johnson of Virginia, J. T. Johnson, F. Johnson, Kidder, Kremer, Lawrence, Letcher, Lincoln, Litchfield, Livingston, Longfellow, McArthur, McKean, McLane of Delaware, McLean of Ohio, Mallary, Markley, Martindale, Marvin, Matson, Metcalfe, Mitchell of Pennsylvania, Moore of Kentucky, Morgan, Newton, O'Brien, Patterson of Pennsylvania, Patterson of Ohio, Plumer of Pennsylvania, Prince, Rankin, Reed, Richards, Rich, Rose, Ross, Sandford, Scott, Sharpe, Sibley, Sloane, Stewart, Storrs, Strong, Swan, Taylor, Ten Eyck, Test, Thompson of Kentucky, Tod, Tracy, Trimble, Tyson, Udree, Vance of Ohio, Van Rensselear, Van Wyck, Vinton, Webster, Whipple, Whitman, Whittlesey, White, Wickliffe, Williams of New York, James Wilson, Henry Wilson, Wilson of Ohio, Wood, Woods, and Wright-121.

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[H. of R.

So the motion of Mr. WILLIAMS was negatived.

Mr. KREMER called for the previous question. The House, this time, sustained the callayes 98, noes 86.

now put?" was taken by yeas and nays—yeas The question, "Shall the main question be 111, nays 93.

The said main question was then put, to wit: "Shall the bill be engrossed, and read a third time?" and passed in the affirmative-yeas 105, nays 102, as follows:

YEAS.-Messrs. Adams, Alexander of Tennessee, Allison, Barber of Connecticut, Bartley, Beecher, Bradley, Brown, Buchanan, Buck, Buckner, Cady, Campbell of Ohio, Cassedy, Clark, Collins, Condict, Cook, Crafts, Craig, Durfee, Dwight, Eaton, Eddy, Ellis, Farrelly, Findlay, Forward, Garrison, Gazlay, Harris, Hayden, Hemphill, Henry, Herkimer, Holcombe, Houston, Jenkins, Johnson of Virginia, J. T. Johnson, F. Johnson, Kidder, Kremer, Lawrence, Letcher, Little, McArthur, McKean, McKim, McLane of Delaware, McLean of Ohio, Mallary, Markley, Martindale, Marvin, Matlack, Matson, Metcalfe, Mitchell of Pennsylvania, Mitchell of Maryland, Moore of Kentucky, Morgan, Patterson of Pennsylvania, Patterson of Ohio, Plumer of Pennsylvania, Prince, Richards, Rich, Rogers, Rose, Ross, Scott, Sharpe, Sloane, Sterling, Stewart, Stoddard, Storrs, Strong, Swan, Taylor, Ten Eyck, Test, Thompson of Kentucky, Tod, Tomlinson, Tracy, Trimble, Tyson, Udree, Vance of Ohio, Van Rensselaer, Van Wyck, Vinton, Wayne, Whitman, Whittlesey, White, Wickliffe, James Wilson, Henry Wilson, Wilson of Ohio, Wood, Woods, and Wright.

NAYS.-Messrs. Abbot, Alexander of Virginia, Allen of Massachusetts, Allen of Tennessee, Archer, Baylies, P. P. Barbour, J. S. Barbour, Bartlett, Bassett, Blair, Breck, Brent, Burleigh, Burton, Cambreleng, Campbell of South Carolina, Carter, Cary, Cobb, Cocke, Conner, Crowninshield, Culpeper, Cushman, Cuthbert, Day, Dwinell, Edwards of North Carolina, Floyd, Foot of Connecticut, Foote of New York, Forsyth, Frost, Fuller, Garnett, Gatlin, Gist, Govan, Gurley, Hall, Hamilton, Harvey, Hayward, Herrick, Hobart, Hogeboom, Hooks, Isacks, Kent, Lathrop, Lee, Leftwich, Lincoln, Litchfield, Livermore, Livingston, Locke, Long, Longfellow, McCoy, McDuffie, McKee, Mangum, Mercer, Moore of Alabama, Neale, Nelson, Newton, O'Brien, Owen, Plumer of New Hampshire, Poinsett, Randolph, Rankin, Reed, Reynolds, Rives, Saunders, Sandford, Sibley, Arthur Smith, Alexander Smyth, William Smith, Spaight, Spence, Standefer, A. Stevenson, J. Stephenson, Taliaferro, Tattnall, Thompson of Georgia, Tucker of Virginia, Tucker of South Carolina, Vance of North Carolina, Warfield, Webster, Whipple, Williams of New York, Williams of Virginia, Williams of North Carolina, and Wilson of South Carolina.

So the bill was ordered to be engrossed and read a third time.

INDEX TO VOL. VII.

A.

ABBOTT, JOEL, Representative from Georgia, 8, 216, 377, 592.
-See Index, vol. 6.

ABERDEEN, HENRY, in the the House, petition of, presented,

257; owing to the construction of the laws relating to
enrolling and licensing of vessels, colored persons were
debarred from this privilege, 258.

ADAMS, BENJAMIN, Representative from Massachusetts, 8.
-See Index, vols. 5, 6.

Addresses of the Senate and House in answer to President's
Messages.-See Index, vols. 1, 2.

Adjournment, in the Senate, a proposition to adjourn on

the first of April considered, 169; nothing but ordinary
business to be done, 169; too soon to fix a day, 169; noth-
ing be lost by postponing most of the important ques-
tions now before Congress to the next session, 169; tho
real question is, whether the business can be done in a cer-
tain time, 170; further debate, 170; resolution agreed to,
170.

In the House, do not possess the necessary facts to fix
a limit to the session, 267; very little has been done so
far, 268; further debate, 268.

Admirals in the Navy.-See Index, vol. 2.
African Slaves and Slavery.—See Index, vols. 1, 2, and In-
dex, vol. 6, Slavery.

ALEXANDER, ADAM R., Representative from Tennessee, 592.
ALEXANDER, MARK, Representative from Virginia, 3, 216
877, 592; on the Revolutionary Pension bill, 291. See
Index, vol. 6.

Algerine War.-See Index, vol. 1.
Allegiance, Foreign.-See Index, vol. 1; also Index, vols.
2, 5, 6., Expatriation.

ALLEN, NATHANIEL, Representative from New York, 8.
See Index, vol. 6.

ALLEN, ROBERT, Representative from Tennessee, 6, 216, 377,
592; on the public land debt, 127; relative to payment
for horses lost in the Seminole war, 308; on road from
Memphis to Little Rock, 615. See Index, vol. 6.
ALLEN, SAMUEL C., Representative from Massachusetts, 8,
215, 877, 592. See Index, vol. 6.
ALLISON, JAMES, Representative from Pennsylvania, 592.
Amelia Island.-See Index, vol. 6.
Amendment of the Journal of the House.-See Missouri.
Amendment to the Constitution.-In the Senate, resolution
offered to amend the constitution so as to give the Sen-
ate appellate jurisdiction from the Judiciary over all
cases in law or equity under the constitution, &c., 145;
the constitution itself contemplates amendment, 146;
the sole difficulty in its formation was to determine the
proper distribution of power, 146; after an experience of

thirty-two years it becomes our duty to begin this inquiry
relative to the conflicts between the Federal Judiciary
and the sovereignty of the States, 146; those conflicts so
frequent and alarming, the public safety demands an in-
vestigation, 146; it is contended by some of the States,
that the States have superior claims to an exclusive de-
cision in all cases of conflicting power, 146; in the case
of Pennsylvania, much was said of the rights of the par-
ties, and the necessity of a tribunal that could remedy
the evil, 146; at this time there is unfortunately a want
of confidence in the Federal Judiciary in cases that in-
volve political power, 147; it is a principle interwoven
both in the theory and practice of our Government, that
every department which exercises political power shall be
responsible to the people, 147; it may be denied by some
that the Judiciary exercises legislative or judicial pow-
ers, 148; the passions and propensities of human naturo,
with all their imperfections, are alike common to every
rank and condition, 148; it is not pretended that judges
are worse than other men, 148; power cannot safely be
confided anywhere without the guarantee of responsi-
bility, 149; are we choosing guardians to control us, and
prevent us from destroying ourselves in our fits of luna-
cy? 149; has the change in the judicial term from ten-
ancy at will to that of life essentially changed the char-
acter of decisions in Great Britain? 149; the nature and
the object of the Federal Judiciary are subjects worthy
of investigation, 150; the real object of an independent
Judiciary in this country, must have been to embody
the best experience in legal knowledge, and produco
uniformity of decision in legal questions relating to prop-
erty and crimes, 150; what should be the supreme law
of the land? 150; the history of this Government fur-
nishes us nothing that can induce us to look with a very
favorable eye to the Federal Judiciary as a safe deposi-
tory of our liberties, 151; instances in which State au-
thorities have been set at defiance, 151; case of Dart-
mouth College, 151; case of New Jersey, 152; case of
Pennsylvania, 152; case of Maryland, 153; case of Ohio
and Kentucky, 153; the case of Cohen vs. Virginia, 154.
Election of President and Vice President by a di-
rect vote of the people, a resolution relative to, offered,
472.

A resolution providing that the electors shall continue
voting until a President is chosen, offered, 473; the
necessity of some change is obvious, 478; numerous pro-
positions offered, 478; the Electors represent the true
feelings of the people, 478.

A resolution proposing the district system, offered, 473.
A resolution to restore the original system proposed,

474; a return to the good old ways of our political fathers, 474; for what purpose was the office of Vice President created, 474; the propriety of the original mode of election was not only evident from the deductions of reasoning and the voice of experience, but it was fully confirmed by the prospect of the future and especially by the prospect immediately before the nation, 475; note, 475; while no small excitement exists in relation to the President's election, there is an utter apathy and indifference in regard to the Vice President, 475.

Resolution providing for a second ballot by the Electors if there is no choice on the first ballot, 475; the plan of an election by a direct vote of the people examined, 476; it does not profess to give the choice to a majority of the people, and renders a resort to the House of Representatives almost indispensable, 476; the consent of the States required for the district system, 476; basis of the election of the three departments of Government, 476; its tendency is to reduce still more the relative weight of the large States in the general scale, 477; remarks on the other propositions, 477, 478; remarks of commentators on the constitution, 478; experience has settled for us the general point of the operation of the powers conferred by the constitution upon the relative strength and influence of the respective Governments, 479; election of President and Vice President by a direct vote of the people considered, 496; it proposes to divide the United States into electoral districts, 496, 497; evils of the general ticket system, 497; the choice of electors by legislative ballot is subject to equal objections, 498; analysis of the words of the constitution, 498; the construction put upon the constitution at the time of its adoption, 499; reasons stated in the Federalist, 499; these reasons considered, 500, 501; by the constitution it was intended the electoral office should be one of the first dignity in the republic, 502; the elector may betray the liberties of the people by selling his vote, 502; historical examples to prove the correctness of this opinion, 502; the virtue and simplicity of this day must pass away, 503; danger of tumults and popular commotions, 508; what shall we infer from tumultuous elections, 504; the Grecian republics, 504.

Caucus System.-Under the present state of public feelings the consideration of the amendments should be postponed, 517; a new, self-created, central power, stronger than the power of the constitution, has grown up at the seat of Government, 517; note, 517; this power at present composed of a select number of members of Congress, &c., 518; they are under no restriction as to the number and condition and residence of their members, 518; should perilous times occur and men of unchastened ambition become President and Vice President they would employ this central power to fill the two Houses of Congress, 518; let any member of the Senate point out an article or clause of the constitution which gives the slightest encouragement to measures of any sort by which a concentration of the votes for the President may be effected previously to the choice of electors in the several States, 518; the practice of holding caucuses has long existed, 519; the first embargo was agreed upon in caucus, 519; proceeding in the States relative to an amendment of the constitution, 519; it has been said that the proposed amendment is an attempt on the part of the large States to deprive the smaller States of their equal ratio in the House in the choice of President, 520; a reference to what had taken place should dispel this impression, 520.

A disproportion has grown out of the relative powers of the great and small States which the members of the convention had not foreseen, 521; six great States can control the election, 521; the appointment of electors

by State legislatures has been acquiesced in for thirty years, 521; if the legislature choose the electors they know whom they choose, 521; the present provision of the constitution in respect to an election of President is extremely weak, 522; the power which members of Congress assumed of nominating a President places the complete control of the Government in the hands of a party, 522; the caucus is neither forbidden nor enjoined by the constitution, 522; every printer in the country exercised the same privilege, 522.

The first use of the word caucus here, 523; seems to apprehend the time will come when the President and heads of departments will participate in such a convention, 523; a public meeting has been held to recommend to the people to unite and keep the election in their own hands, 523; what is the question before the Senate, that of an indefinite postponement of the amendments, 523; the district system, 523; is the object to affect the public mind in regard to the caucus which has been recently held, 524; its object was to produce union, 524; former caucuses, 524; what has this to do with the propositions to amend the constitution? 524; it is a firebrand thrown into this House, 524; what was done in caucus was done openly, 524; explanation, 524; it is said that a Congressional caucus for the nomination of President is not liable to any of the objections which may be urged against the election of President by Congress, 525; an obvious fallacy, 525; if gentlemen acted in their private capacity every citizen would be entitled to attend, 525; a member of Congress cannot put off his character and as a private citizen interfere with matters which the constitution has wisely prohibited him from meddling with, 526; illustrations, 526; objections to a Congressional caucus, 526; it is said such a caucus is free from objection, because it does not profess to elect but only to nominate a President, 527; is not the design of the nomination to procure the election? 527; it is said, a cancus is necessary to promote union, 527; this debate is entirely out of order, and foreign to the subject before the Senate, 528; the true question is, whether we have a confederated or a consolidated government, 528; how far will these amendments go to cure the evils in the constitution or introduce others into it, 528; to an unadvised stranger who had heard the first speaker it would seem that a monster of yesterday had sprung up threatening to devastate the country, 529; it is said the President and Heads of Departments may with equal propriety meet and make a nomination, but they do not come immediately from the people as members of Congress, 580; let gentlemen propose a substitute for a caucus, 580; what is the consequence of a difference of opinion? 530; the meeting is merely for the general concentration of opinion, 530; the system is too old in this country-opposition to it will not do, 531; the dangers the Republican party had to encounter have been mainly obviated by the caucus system, 582; it has been approved, 532; a view of the caucus system as it has operated, 532; suppose all had met and agreed on a candidate, what would have been the consequence? 533; in a government like ours there must be some mode to concentrate the votes of the people, 583; what is to be substituted for the caucus mode? 588; motion to lay on the table lost, 584; unfortunate for the amendments that this subject has been introduced, 584; none could be made to affect the next election, 534; review of the past, 584; have now more candidates for the Presidency than ever before, 534; impossible to see how the choice of Electors by districts could affect an election of President, 585.

The dangers of our present system have been shown

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