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gister and Receiver of Public Moneys to superintend the public sales of land in the district east of Pearlriver," reported it with amendments; which were read.

The bill, entitled "An act for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist Church at Salem Meeting-house, in the Mississippi Territory," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. GREGG, FRANKLIN, and BRADLEY, were appointed the committee.

The bill, entitled "An act providing for the sale of a tract of land lying in the State of Tennessee, and a tract in the Indiana Territory," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. WORTHINGTON, CAMPBELL, and FRANKLIN. were appointed the committee.

The Senate resumed the third reading of the bill, entitled "An act to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes."

On the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 22, nays 10, as follows:

YEAS-Messrs. Anderson, Brent, Campbell, Clay, Condit, Crawford, Cutts, Franklin, Gaillard, Gregg, Lambert, Leib, Mathewson, Pope, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, Whiteside, and Worthington.

NAYS-Messrs. Bayard, Champlin, Dana, German, Gilman, Goodrich, Horsey, Lloyd, Pickering, and Reed. So it was Resolved, That this bill pass with

amendments.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act making appropriations for the support of Government for the year one thousand eight hundred and eleven."

On motion, it was agreed that the consideration thereof be postponed until to-morrow.

FEBRUARY, 1811.

Mr. FRANKLIN, from the committee to whom was referred the bill, entitled "An act incorporating the Protestant Episcopal Church, in the town of Alexandria, in the District of Columbia, reported it without amendment.

Ordered, That it pass to a third reading.
On motion, by Mr. FRANKLIN,

Resolved, That the President of the United States be requested to cause to be laid before the Senate such information as he may possess relative to the accounts of George W. Erving, for his services and compensation for attending the Board of Commissioners, established under the seventh article of the British treaty.

FRIDAY, February 8.

Mr. ANDERSON asked and obtained leave to bring in a bill to extend the right of suffrage in the Indiana Territory, and for other purposes; which was read, and passed to the second reading.

Mr. ANDERSON, from the committee appointed on the subject, reported a bill for the relief of David Porter, a Commander in the Navy of the United States; which was read, and passed to the second reading.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act providing for the removal of the land office established at Nash

ville, in the State of Tennessee, and Canton, in the State of Ohio: and to authorize the Register and Receiver of Public Moneys to superintend the public sales of land in the district east of Pearl River," together with the amendments reported thereto by the select committee; and having agreed thereto, the President reported the bill to the House accordingly.

On the question, Shall this bill be read a third time as amended? it was determined in the affir

mative.

Mr. CUTTS reported, from the committee, the bill making a further distribution of such laws of the United States as respect the public lands, correctly engrossed; and the bill was read the third time, and passed.

The Senate resumed the consideration of the amendment of the House of Representatives to the bill, entitled "An act making compensation to John Eugene Leitzendorfer, for services rendered the United States in the war with Tripoli." On motion, by Mr. BRADLEY, Resolved, That they disagree thereto. The following Message was received from the reported the bill to the House accordingly. PRESIDENT OF THE UNITED STATES:

The Senate resumed, as in Committee of the Whole, the bill making further provision for the Corps of Engineers, together with the amendments reported thereto by the select committee; and having agreed to the amendments, the President

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On motion, by Mr. LEIB, to strike out, in section five, line two, after the word "buildings," the following words: "at such place as shall be designated by the President of the United States," for the purpose of inserting, in lieu thereof, the words "in Carlisle, in the State of Pennsylvania:" a division of the question was called for and the question was taken on striking out, and determined in the negative-yeas 14, nays 17, as follows:

YEAS-Messrs. Condit, German, Gilman, Goodrich, Gregg, Lambert, Leib, Lloyd, Mathewson, Pickering, Reed, Robinson, Smith of Maryland, and Whiteside.

NAYS-Messrs. Anderson, Bayard, Bradley, Brent, Champlin, Clay, Crawford, Cutts, Franklin, Gaillard,

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Giles, Horsey, Pope, Tait, Taylor, Turner, and Worthington.

On the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes.

On motion, by Mr. BRADLEY, it was agreed that the consideration thereof be postponed and made the order of the day for Monday next.

The bill, entitled "An act incorporating the Protestant Episcopal Church in the town of Alexandria, in the District of Columbia," was read the third time, and passed.

On motion, by Mr. BRADLEY,

Resolved, That a committee be appointed to inquire into the expediency of establishing an additional collection district on the northern boundaries of the United States, with leave to report by bill or otherwise.

Ordered, That Messrs. BRADLEY, GERMAN, and CRAWFORD, be the committee.

The Senate resumed, as in Committee of the Whole, the bill authorizing the sale and grant of a certain quantity of public land to the Havre de Grace Bridge Company. And on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill for the relief of the collectors of the ports of Norfolk, Baltimore, and Philadelphia. And on the question. Shall this bill be engrossed and read a third time? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill declaring the laws now in force in the Territory of Orleans, to extend to and to have full force and effect to the river Perdido, pursuant to the treaty concluded at Paris on the 30th day of April, 1803, and for other purposes. On motion, by Mr. GILES, it was recommitted to the committee appointed the 8th of December on so much of the Message of the President of the United States as relates to that subject.

Mr. BRENT Submitted the following motion: Resolved, That a committee be appointed to bring in a bill making compensation to certain officers of the

customs.

Mr. BRADLEY, from the committee appointed this day to consider the subject, reported the bill to establish the districts of Memphreymagog, of Oswagatchie, and of the White Mountains; and the bill was read, and passed to the second reading.

Mr. CLAY presented the petition of Philip Hammond, on behalf of himself and of the heirs of John Prior, deceased, praying that he and the said heirs may be compensated for certain services rendered by him and the said John Prior to the United States, as mentioned in the petition; which was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. CLAY, CAMPBELL, and FRANKLIN, were appointed the committee.

11th CoN. 3d SESS.-5

MONDAY, February 11.

SENATE.

Mr. GILES introduced a bill in addition to an act, entitled "An act to amend the judicial system of the United States," as follows:

Supreme Court of the United States, commencing on "Be it enacted, &c., That during the term of the the first Monday of February instant, the said court shall be holden by the Justices thereof, or any three of them: Provided, that in case only three Judges be present, the said court shall not have power to hear or determine any case, without the consent of the parties or their counsel, except those brought before the court from the Circuit Court of the District of Columbia."

The bill was twice read and referred to Messrs. BAYARD, GILES, and CLAY.

The bill for the relief of David Porter, a commander in the Navy of the United States, was read the second time.

The bill to extend the right of suffrage in the Indiana Territory, and for other purposes, was read the second time and referred to a select committee, to consider and report thereon; and Messrs. WORTHINGTON, ANDERSON, and GREGG, were appointed the committee.

The bill to establish the districts of Memphreymagog, of Oswegatchie, and of the White Mountains, was read the second time.

The Senate resumed the third reading of the bill to enable the Georgetown Potomac Bridge Company to levy money for the object of its incorporation.

On motion, by Mr. PICKERING, the bill was recommitted to a select committee, further to consider and report thereon; and Messrs. PICKERING, ANDERSON, and TAIT, were appointed the com

mittee.

The Senate resumed the bill to authorize the payment of certain certificates, credits, and pensions, and for other purposes.

On motion, by Mr. CRAWFORD, it was recommitted to a select committee, to consist of five members, further to consider and report thereon; and Messrs. CRAWFORD, FRANKLIN, GOODRICH, BRADLEY, and CONDIT, were appointed the committee.

The engrossed bill making further provision for the Corps of Engineers was read the third time as amended, and the blank filled. On the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 19, nays 10, as follows:

YEAS-Messrs. Anderson, Bayard, Bradley, Campbell, Champlin, Clay, Crawford, Franklin, Gaillard, Giles, Gregg, Horsey, Pope, Smith of Maryland, Tait, Taylor, Turner, Whiteside, and Worthington.

NAYS-Messrs. Condit, Dana, German, Gilman, Goodrich, Lambert, Leib, Pickering, Reed, and Rob. inson.

Resolved, That this bill pass, and that the title thereof be "An act making further provision for the Corps of Engineers."

Mr. BAYARD, from the committee to whom was referred the bill in addition to an act, entitled "An act to amend the judicial system of the United States," reported it with an amendment; which was read and agreed to as in Committee

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of the Whole, and the President reported the bill to the House accordingly.

On the question, Shall this bill be engrossed and read a third time as amended? it was determined, by unanimous consent, in the affirmative. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to authorize the election of sheriffs, in the Indiana Territory;" also, the bill, entitled "An act in addition to the act, entitled 'An act supplementary to the act concerning Consuls and Vice Consuls, and for the further protection of American seamen;" in which bills they desire the concurrence of the Senate. They have also passed the bill, entitled "An act to incorporate the subscribers to the Farmers' Bank of Alexandria," with amendments, in which they ask the concurrence of the Senate; the bill, eatitled "An act to incorporate the Bank of Potomac," with an amendment, in which they ask the concurrence of the Senate; the bill, entitled "An act to incorporate the Bank of Washington," with amendments, in which they ask the concurrence of the Senate; also, the bill, entitled "An act to incorporate the Bank of Georgetown," with amendments, in which they ask the concurrence of the Senate. The House of Representatives concur in all the amendments of the Senate to the bill, entitled "An act to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," except the second, to which they do not agree.

The Senate proceeded to consider the amendment to the last mentioned bill disagreed to by the House of Representatives; and on motion, by Mr. BAYARD, the further consideration thereof was postponed until to-morrow.

The two last bills brought up for concurrence were read, and passed to the second reading.

Mr. CUTTS, from the committee, reported the bill in addition to an act, entitled "An act to amend the judicial system of the United States," correctly engrossed; and the bill was read the third time by unanimous consent.

On the question, Shall this bill pass? it was determined in the affirmative-yeas 23, nays 2, as follows:

FEBRUARY, 1811.

and for other purposes, asked leave to report a new bill; which was read and passed to the second reading.

The PRESIDENT communicated a letter from the Governor of the State of Ohio, enclosing a resolution of that Legislature, approving the amendment to the Constitution of the United States respecting titles of nobility; which were read.

Ordered, That they be transmitted to the office of the Secretary for the Department of State. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States:

I transmit to the Senate a report of the Secretary of the Treasury, complying with their resolution of the 7th instant. JAMES MADISON. FEBRUARY 11, 1811.

The Message and report were read and ordered to be printed for the use of the Senate.

BANK OF THE UNITED STATES. The Senate resumed, as in Committee of the Whole, the bill to amend and continue in force an act, entitled "An act to incorporate the subscribers to the Bank of the United States," passed on the 25th day of February, one thousand seven hundred and ninety-one.

Mr. ANDERSON said that having been a member of the committee who reported the bill before the Senate, and not feeling himself at liberty to oppose the introduction of the report, yet, thinking it might be advisable to try the principle before they proceeded to discuss the details, he should move to strike out the first section of the bill. He would barely observe that, was this not a question which was generally understood, on which not only every member of this House, but every citizen of the United States had made up his mind, he should feel himself bound to offer reasons in support of the motion; but, inasmuch as it was a question which every gentleman had doubtless decided in his own mind, he felt unwilling to take up any more of the attention of the Senate, especially so late in the session, when there was so much business of importance before them, which required to be acted on.

Mr. CRAWFORD said this was a way of disposing of business which struck him as someYEAS-Messrs. Anderson, Bayard, Bradley, Camp- what astonishing. A bill was proposed to the bell, Champlin, Clay, Condit, Crawford, Dana, Frank-Senate to continue in operation an institution of lin, Gaillard, German, Giles, Gilman, Goodrich, Horsey, Leib, Lloyd, Pickering, Smith of New York, Taylor, Turner, and Whiteside.

NAYS-Messrs. Reed and Worthington.

So it was Resolved, That this bill pass, and that the title thereof be "An act in addition to an act, entitled 'An act to amend the judicial system of the United States."

twenty years standing, the good effects of which had been universally experienced, whose influence on the public prosperity was admitted by all; and, without assigning any reason why it should not be continued, they were told that the public sentiment had decided the question, and every gentleman must have made up his mind. He appealed to the gentleman who made the motion, whether this was a fair and magnanimous mode of procedure. How was it possible for the friends of this bill to meet objections never made? To foresee the grounds on which Mr. CRAWFORD, from the committee to whom gentlemen would have made up their minds? was recommitted the bill to authorize the pay- Surely, when a question of this magnitude was ment of certain certificates, credits, and pensions, I to be decided, it ought to be expected that some

Mr. PICKERING, from the committee to whom was recommitted the bill to enable the Georgetown Bridge Company to levy money for the object of its incorporation, reported it amended.

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reasons should be offered why the bill should be rejected. Mr. C. said he hoped if the honorable gentleman from Tennessee chose to veil himself and argument from discussion, on the ground that he had made up his mind, that some gentleman would condescend to give reasons in favor of the motion.

Mr. SMITH, of Maryland, said there was certainly nothing novel in the course taken by the gentleman from Tennessee. The gentleman from Georgia could not be ignorant that some of the State Legislatures had taken the subject up. It, therefore, became the duty, with all respect to his friend from Georgia, of the introducer of the bill to give some reason to induce the Senate to give their votes for a renewal of the charter.

Mr. ANDERSON said that he had deemed it strictly proper and parliamentary to make the motion which he had offered to the House. He deemed it incumbent on those who meant to support this bill to assign the reasons why the section should not be struck out. To his mind, Mr. A. said, this system was infinitely more injurious than beneficial; it created a kind of fictitious wealth in the community; destroyed in a degree the firm principles of our political institutions; and, if we went on with it for twenty years more, we should be at least fifty years older, he would not say in corruption, but in the want of the strict political virtue which, if the bank had never have existed, we might have maintained. This opinion was a sufficient objection, without saying anything of the unconstitutionality of the thing, which to him had always been a para mount objection.

Mr. CRAWFORD said that the gentlemen from Tennessee and Maryland had misconceived what he had said. He had not complained that the motion was made; nothing like it. He knew that such a course was sometimes pursued. But it was the first time he ever knew such a motion to be made without a discussion of the details, without a detailed statement of the reasons for opposing such and such provisions. He must be permitted to state that such a course was not usual in this or any other body, as that a chairman should be called upon to state reasons which induced a committee to report any provision, when a motion was made which went to put an end to any discussion of the detail. Gentlemen assumed the affirmative side of the question; they were about to defeat the bill-ought they not to assign their reasons? What a situation am I placed in, said Mr. C. How is it possible I can foresee all the objections to the bill? And if perchance I should foresee them and defeat them, will not gentlemen say these are not the reasons which influenced their votes? It is like pursuing a will-o'-the-wisp; you can never arrive at the true object of pursuit. I should humbly hope, sir, that some gentleman, who wishes to put an end to this bill, would assign the reasons on which he determined to give his

SENATE.

form the Senate of the reasons which induced them to report a bill. I was not on the committee, said he. There were but five on it; and consequently there are twenty-nine of us who cannot tell what induced that gentleman to report the bill which has produced this agitation among us, and which some of the States have declared hostile to the Constitution. I was so certain that the gentleman would give his view of the subject, that I did not come prepared to enter into the question. I did expect to hear something from that gentleman which I or some other gentleman would have thought it our duty to give an answer to.

Mr. CRAWFORD said that he should proceed, though reluctantly, to explain the reasons of the committee for reporting the bill, which is now under consideration. After the most minute examination of the Constitution, the majority of that committee were decidedly of opinion that the Congress of the United States were clearly invested with power to pass such a bill. The object of the Constitution was two-fold: 1st, the delegation of certain general powers, of a national nature, to the Government of the United States; and 2d, the limitation or restriction of the State sovereignties. Upon the most thorough examination of this instrument, I am induced to believe, that many of the various constructions given to it are the result of a belief that it is absolutely perfect. It has become so extremely fashionable to eulogize this Constitution, whether the object of the eulogist is the extension or contraction of the powers of the Government, that whenever its eulogium is pronounced, I feel an involuntary apprehension of mischief. Upon the faith of this imputed perfection, it has been declared to be inconsistent with the entire spirit and character of this instrument, to suppose that after it has given a general power it should afterwards delegate a specific power fairly comprehended within the general power. A rational analysis of the Constitution will refute in the most demonstrative manner this idea of its per, fection. This analysis may excite unpleasant sensations; it may assail honest prejudices; for there can be no doubt that honest prejudices frequently exist, and are many times perfectly innocent. But when these prejudices tend to destroy even the object of their affection, it is essentially necessary that they should be eradicated. In the present case, if there be any who, under the conviction that the Constitution is perfect, are disposed to give it a construction that will render it wholly imbecile, the public welfare requires that the veil should be rent, and that its imperfection should be disclosed to public view. By this disclosure it will cease to be the object of adoration, but it will nevertheless be entitled to our warmest attachment.

The 8th section of the 1st article of the Constitution contains among others the following grant of powers, viz: to coin money, regulate the value thereof, and of foreign coin, and fix the standard Mr. SMITH, of Maryland, said he had always of weights and measures; to raise and support thought it was the duty of a committee to in-armies; to provide and maintain a navy; to

vote.

SENATE.

Bank of the United States.

FEBRUARY, 1811.

regulate commerce with foreign nations, and the organization of Congress; defines its powers; among the several States, and with the Indian prescribes limitations upon the powers previously tribes; to establish post offices and post roads. granted; and sets metes and bounds to the auThis selection contains five grants of general thority of the State Governments. The second power. Under the power to coin money it is article provides for the organization of the Exconceived that Congress would have a right to ecutive Department, and defines its power and provide for the punishment of counterfeiting the duty. The 3d article defines the tenure by which money after it was coined, and that this power is the persons in whom the judicial power may be fairly incidental to, and comprehended in, the vested shall hold their offices, and prescribes the general power. The power to raise armies and extent of their power and jurisdiction. These provide and maintain a navy comprehends, be- three articles provide for the three great departyond the possibility of doubt, the right to make ments of Government called into existence by rules for the government and regulation of the the Constitution, but some other provisions just land and naval forces; and yet in these three then occur, which ought to have been included cases, the Constitution, after making the grant of in one or the other of the preceding articles, and general power, delegates specifically the powers these provisions are incorporated and compose which are fairly comprehended within the gen- the 4th article. The 1st section of it declares, eral power. If this, however, should be denied, that "full faith and credit shall be given in each the construction which has been uniformly given State, to the public acts, records, and judicial to the remaining powers which have been select- proceedings of every other State. And the Coned, will establish the fact beyond the power of gress may by general laws prescribe the manner contradiction. Under the power to regulate in which such acts, records, and proceedings shall commerce, Congress has exercised the power of be proved, and the effect thereof." In the second erecting light-houses, as incidental to that power, section it declares, that a person, charged in any and fairly comprehended within it. Under the State with treason, felony, or other crime, who power to establish post offices, and post roads, shall flee from justice, and be found in another Congress has provided for the punishment of State, shall, on demand of the Executive authoroffences against the Post Office Department. If rty of the State from which he fled, be delivered the Congress can exercise an incidental power up, to be removed to the State having jurisdicnot granted in one case, it can in all cases of a tion of the crime. A similar provision is consimilar kind. But it is said, that the enumera- tained in the same section, relative to fugitives tion of certain powers excludes all other powers who are bound to labor, by the laws of any State. not enumerated. This is true so far as original In the first case which has been selected, express substantive grants of power are concerned, but it authority has been given to Congress, to preis not true when applied to express grants of scribe the manner in which the records, &c., power, which are strictly incidental to some should be proved, and also the effect thereof, but original and substantive grant of power. If it in the other two, no authority is given to Conwere true in relation to them, Congress could not gress, and yet the bare inspection of the three pass a law to punish offences against the Post cases will prove that the interference of ConOffice Establishment, because the Constitution gress is less necessary in the first than in the two has expressly given the power to punish offences remaining cases. A record must always be against the current coin, and as it has given the proved by itself, because it is the highest evidence power to punish offences committed against that of which the case admits. The effect of a record grant of general power, and has withheld it in ought to depend upon the laws of the State of relation to the power to establish post offices and which it is a record, and, therefore, the power to post roads. Congress cannot, according to this prescribe the effect of a record was wholly unnerule of construction, so warmly contended for, pass cessary, and has been so held by Congress-no any law to provide for the punishment of such law having been passed to prescribe the effect of offences. The power to make rules for the regu- a record. In the second case there seems to be lation and government of the land and naval some apparent reason for passing a law to ascerforces, I have shown to be strictly incidental to tain the officer upon whom the demand is to be the power to raise armies, and provide and main-made; what evidence of the identity of the tain navies; but, according to this rule of construction, all incidental powers are excluded except the few which are enumerated, which would exclude from all claim to constitutionality, nearly one half of your laws, and, what is still more to be deprecated, would render your Constitution equally imbecile with the old articles of confederation. When we come to examine the 4th artiele, the absurdity of this rule of construction, and also of the idea of perfection which has been attributed to the Constitution, will be equally manifest. This article appears to be of a miscellaneous character and very similar to the codicil of a will. The first article provides for

person demanded and of the guilt of the party charged must be produced before the obligation to deliver shall be complete. The same apparent reason exists for the passage of a law relative to fugitives from labor. According, however, to the rule of construction contended for, Congress cannot pass any law to carry the Constitution into effect, in the two last cases selected, because express power has been given in the first and is withheld in the two last. Congress has nevertheless passed laws to carry those provisions into effect, and this exercise of power has never been complained of by the people or the States.

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