not because he was against the principle of the bill, but the time. He thought it ought to be kept in the power of the House to the end of the session. Mr. ALEXANDER said he did not know whether it was in order, in this state of the bill, to offer an amendment, with which the bill would have his hearty vote. The amendment, he considered necessary, had been alluded to by the gentleman from Virginia. So far as he had reflected on the subject he thought the period of suspension in the bill sufficient. But he was of opinion that a suspending power should be vested in the President, in case necessity should require its exercise. He was of the same opinion last session; and had such a provision been then introduced, it would have superseded the necessity of this act. DECEMBER, 1806. Leib, who had resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House. Several other members, to wit: from New York, ELIPHALET WICKES; from Maryland, JOHN ARCHER; and from North Carolina, MARMADUKE WILLIAMS; appeared, and took seats in the House. Mr. DARBY presented to the House a petition of the members of the Baptist congregation, in the City of Washington, in the Territory of Columbia, signed by order and in behalf of the said congregation, by Thomas Carpenter, and others, which was received and read, praying that an act of incorporation may be passed, vesting in the said church such powers, privileges, and immunities, as Congress in their wisdom may deem proper, for the benefit and advantage of the said con Mr. SMILIE remarked that he would not under-gregation. take to say that some other steps might not be necessary before they rose. But there was no necessity for taking any other step at present. He thought it would be improper to take any further steps at present. The question was then taken on the passage of the bill by yeas and nays-yeas 101, nays 5, as follows: YEAS-Evan Alexander, Willis Alston, jun., Isaac Anderson, Joseph Barker, Burwell Bassett, George M. Bedinger, Silas Betton, Barnabas Bidwell, John Blake, jun., Thomas Blount, James M. Broom, Robert Brown, John Boyle, William A. Burwell, William Butler, G. W. Campbell, John Campbell, Levi Casey, John Chandler, Martin Chittenden, John Claiborne, John Clopton, Frederick Conrad, Orchard Cook, Leonard Covington, Jacob Crowninshield, Richard Cutts, Samuel W. Dana, Ezra Darby, John Davenport, jun., John Dawson, Theodore Dwight, Elias Earle, Peter Early, Ordered, That the said petition be referred to Messrs. DARBY, ARCHER, and SEAVER, to examine and report their opinion thereupon to the House. Mr. BOYLE, from the Committee on Public Lands, made a report on the petition of sundry inhabitants of Ovid, in the State of New York, requesting permission to purchase an entire township of land on the White or Wabash river, in the Indiana Territory. The committee observe that as, under the existing provision of law, the right exists to purchase an entire township, with the exception of the reserved sections, they presume that the object of the petitioners, though not specified, is to make the purchase on lower terms than are ordinary. Considering an adherence to the established terms of great importance to the public interests, they recommend that the petitioners have leave to withdraw their petition. In this report, the House concurred. DEPOSITS OF PUBLIC MONEY. a statement of the amount of deposits of the public money in the United States and other banks, for the three last years, together with an estimate of the balances in favor of the United States remaining in the said banks respectively for that period, distinguishing the amount in each year. James Elliott, Caleb Ellis, Ebenezer Elmer, William Mr. C. said, he would candidly inform the House what his views were in offering this motion. His object was to draw a revenue from the balances which might be in the banks, by taxing the Bank of the United States, and other banks with an interest on the amount of the public money in their hands. He had made a calculation, from which he inferred that the amount of balances in their hands for the three last years averaged the sum of between three and four millions. If a charge of six per cent. interest were made on this amount, it would produce a revenue of from one hundred and eighty to two hundred and fifty thousand dollars. Mr. C. said he thought this as fair a source of revenue as any other which could be named; it was certainly as fair a one as Another new member, to wit: JOHN PORTER, articles imported from foreign countries. It was from Pennsylvania, returned to serve as a mem- unnecessary at this time to make further explanber for the said State, in the place of Michaelations. He hoped the House would permit the NAYS-Isaiah L. Green, John Hamilton, James Sloan, Joseph B. Varnum, and David R. Williams. MONDAY, December 8. resolution to pass, that they might have laid before them the information on which he meant to predicate his plan. The House immediately took up the resolution and agreed to it without a division. Mr. D. R. WILLIAMS observed that, from an apprehension of the state of the ceiling, he had kept his seat not without considerable alarm. This induced him to offer the following resolution: H OF R. Ordered, That so much of the petition of the Legislative Council and House of Representatives of the Mississippi Territory, presented to this House on the twenty-fifth of January, one thousand eight hundred and five, as relates to the establishment of a hospital at the town of Natchez; an increase of the salaries of the Judges; and an extension of the right of suffrage, in the aforesaid Territory; be referred to a select committee; and that Mr. THOMAS M. RANDOLPH, Mr. HAMILTON, be the said committee. Resolved, That the Speaker of this House be author-Mr. LATTIMORE, Mr. TAGGART, Mr. WICKES, and ized to cause immediate measures to be taken for pulling down the plastering, or otherwise securing the ceiling of the Chamber in which the sessions of the House are now held. Resolved, That the Committee on the Public Lands be directed to inquire whether any, and, if A conversation of some length took place on any, what, alterations are necessary in the act for this motion, in which it was stated that, notwith-ascertaining and adjusting the titles and claims standing the assurance of the Surveyor of the to lands within the Territory of Orleans, and DisPublic Buildings, the plastering of the ceiling trict of Louisiana; and to report thereon by bill presented strong indications of insecurity, so much or otherwise. so as to have swagged in some places more than half an inch; that in another part of the House it had actually fallen, and that the examination, on which the opinion of Mr. Latrobe was grounded, having been so long ago as the year 1805, could not give any satisfaction as to present security. When the question was put, and the resolution agreed to-ayes 59, noes 34, A motion was made to adjourn over till Friday, but withdrawn, that the SPEAKER might have time before the meeting of the House to-morrow to gain the necessary information as to the steps proper to be taken. TUESDAY, December 9. Mr. LEWIS, from the committee appointed on the fourth instant, presented a bill authorizing the erection of a bridge over the river Potomac, within the District of Columbia; which was read twice and committed to a Committee of the Whole on Thursday next. On motion of Mr. JEREMIAH MORROW, Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of offering for sale the public land situate between the United States' military tract and the Connecticut Reserve, to which the Indian title has been extinguished; and that they report by bill or otherwise. Mr. J. CLAY remarked that under an existing rule of the House, the member first named on committees was the chairman, unless another member was chosen by the committee; and that he was instructed to state that, in virtue of the last provision, the Committee of Ways and Means had appointed Mr. J. RANDOLPH, chair The SPEAKER laid before the House the result of the examination made in his presence by the Clerk of the Public Works relative to the situation of the ceiling of the House, as well as the written replies made by the Clerk to sundry questions put to him, the purport of which is the pre-man. ponderating opinion of the Clerk that the ceiling is secure. This opinion is however qualified by a doubt with respect to the safety of a part of the ceiling. The Clerk further states, that to secure this part of the ceiling will require two days, and that securing the whole will take a week. After some conversation on the subject, Mr. ELY offered a resolution for suspending all further proceedings under the order of yesterday, which was negatived-yeas 40, nays 51; the Speaker having previously intimated to the House that unless special order was taken by them he should cause, as soon as an adjournment took place, measures to be taken for securing the ceiling. Mr. BIDWELL, from the committee appointed on the third instant, presented, according to order, a bill to revive and make permanent "An act to prescribe the mode of taking evidence in cases of contested elections for members of the House of Representatives of the United States, and to compel the attendance of witnesses," and in addition to the same; which was twice read and committed to a Committee of the Whole on Friday next. On motion of Mr. LATTIMORE, 9th CoN. 2d SESS.-5 WEDNESDAY, December 10. On motion of Mr. THOMAS, Ordered, That the report of the Commissioners under the act, entitled "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia," which was made to this House on the twenty-first of April last, be referred to Mr. THOMAS, Mr. WILSON, and Mr. GREEN, with leave to report thereon by bill, or otherwise. THURSDAY, December 11. Another member, to wit: JoHN G. JACKSON, from Virginia, appeared, and took his seat in the House. Mr. J. CLAY presented to the House a petition of sundry patentees, whose names are thereunto subscribed, praying the privilege of a renewal of their patent for a second term, after the expiration of the first, for the exclusive enjoyment of their respective discoveries and improvements, they paying therefor, into the Treasury of the United States, such sums as may be deemed just and reasonable.-Referred to Mr. J. CLAY, Mr. JONES, Mr. LIVINGSTON, Mr. ALEXANDER, and Mr. ELMER; to examine and report their opinion thereupon to the House. On motion of Mr. STANTON, Resolved, That a committee be appointed to inquire whether any, and, if any, what, description of claims against the United States are barred by the statutes of limitation, which, in reason and justice, ought to be provided for by law; and that the said committee have leave to report thereon by bill, or otherwise. Ordered, That Mr. STANTON, Mr. TENNEY, Mr. STEDMAN, Mr. CHITTENDEN, Mr. DANA, Mr. TRACY, Mr. LAMBERT, Mr. PUGH, Mr. BROOM, Mr. NICHOLAS R. MOORE, Mr. JOHN MORROW, Mr. STANFORD, Mr. THOMAS MOORE, Mr. MERIWETHER, Mr. RHEA of Tennessee, Mr. BEDINGER, and Mr. JEREMIAH MORROW, be appointed a com ́mittee, pursuant to the said resolution. AMENDMENT TO THE CONSTITUTION. Mr. CLOPTON.-Mr. Speaker, I take this opportunity, when the attention of the House is not occupied on any particular subject, to submit a resolution, the subject-matter of which I consider to be of very great importance. Before, however, I introduce to the notice of the House any specific proposition, I would observe that, when the subject shall be discussed, if discussed at all, I apprehend that it may meet with some objection on a general ground, on which, most probably, objection would be raised against any measure whatsoever of the nature of that which I am about to propose. If the ideas I entertain of its expediency arose merely from my own speculative views of the proposition and the subject with which it is connected, however clearly I might be convinced, of that expediency, I might nevertheless distrust the propriety of such conviction, so far at least as not to be induced thereby merely of itself to bring forward the proposition: but a conviction scarcely susceptible of any distrust at all, and far more impressive on my mind; a conviction, which has resulted from experience, induces me to offer the proposition; and in doing so, I feel much more of duty than of any other impulse. The proposition, which I have thus deemed it my duty to submit to the consideration of the House, might appear sufficiently expedient in consequence of certain measures adopted some years ago, had no subsequent circumstance enlarged the evidence of its expediency; but recent, very recent circumstances present themselves to my mind as additional proof of that expediency. Sir, in the instances I have alluded to, we have witnessed a striking exemplification of the truth of that maxim, which ascribes to experience a standard the least fallible of any by which human institutions can be tested. It is from experience only that defects are often discovered in the wisest of establishments. This unfolds the latent sources of evil, which could not have been traced by the most penetrating foresight. The efforts of genius, however great, and of patriotism, however pure, DECEMBER, 1806. cannot always secure the ends they propose. Means apparently infallible are found either to be inadequate to the end, or to contain within themselves the very instruments by which they are defeated. Imperfections overlooked and believed not to exist, until experience rends the veil, are then disclosed and glare before us. And, sir, amongst all the institutions of men there are none, perhaps, in which their defects generally lie so much enveloped, as in those of a political nature, until they are thus disclosed. I have said that I anticipate some objection upon a ground, on which, most probably, objection would be raised against any measure whatsoever, of the nature of that which I am about to submit to the consideration of the House. Should this, however, be the principal ground of opposition, if the object of the proposition should be deemed desirable, that ground, I might reasonably presume, will be abandoned as untenable. I have been led, sir, to conjecture that opposition of the nature of that which I have suggested, might be expected from recollection of a former occasion, when an amendment to the Constitution of the United States was under discussion. On that occasion, the House was admonished against innovation, as it was called, and solemnly advised, on no account whatsoever, to touch the Constitution. This was done, although the proposed amendment had been long promulgated to the American people; although the public sentiment had been clearly ascertained to be in its favor, and although eleven successive amendments had been introduced into the Constitution without a shadow of inconvenience, or the smallest degree to the disturbance of the public tranquillity. Had the Constitution been adopted without any provision for future alterations, and none were attainable but by immediate resort to revolutionary principles, opposition made upon that ground would then, indeed, merit serious notice. But a provision wisely and completely guarding against every event of that sort, composes a part of the Constitution. Fortunate provision! Happy Americans, who enjoy the benefits of that provision! Who, when experience points out defects in their great political code, without a resort to first principles, without the smallest danger of those revolutions which shock and convulse other nations, with calm and tranquil serenity, may correct whatever needs correction, and ameliorate their system. Far from being dangerous, therefore, to introduce any amendment, where it shall have been found by experience to be really expedient, the introduction of it will be a salutary step; may be the happy means of averting danger in future times, and of removing a source of evil which, were it to continue, might diffuse its streams through the whole body politic. Under this impression, and from a belief that a certain part of the Constitution requires amendment, with permission of the House, I shall introduce a resolution which has that for its object. The amendment which is desired, will not however introduce any new principle into the Constitution, nor any way increase the powers of the Federal Gov DECEMBER, 1806. Amendment to the Constitution. H. of R. ernment, should it be adopted. The object of it completely shut from the view of the most inquisis solely to secure an adherence to that fundament-itive, the most penetrating eye, until each leaf al principle which forms its true federal charac- successively opens and discloses its contents. What ter. And because it is believed there have been are our pre-conceptions of the events of any pedeviations from that principle; that certain mea- riod before they actually come to pass? What sures, which have been alluded to, were the off are they more than conjectures? What more spring of a power not within the scope of that than mere expectations that certain effects will principle, but entirely without the sphere of the be produced by certain causes, which we believe federal authority; because, also, the exercise of to be naturally adapted to the production of such such a power was grounded on a peculiar con- effects? But how often are these expectations struction given to one clause in the Constitution, disappointed! Look into the volume of history, the proposition now intended to be submitted is which records the transactions and the events of of such a nature that, on the decision of it, Con- past times, and how frequently is it to be seen that gress will determine whether such a modification one generation of men had experienced a state of of that clause shall be proposed to the States as things widely different from what had been exshall render it less susceptible of such construc-pected by the preceding generation, and the very tion. The clause I mean, is the eighth section of the first article of the Constitution, expressed in these words: "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any depart ment or officer thereof." reverse of what the existing state of things in their time had seemed to promise them! So long as man continues to be what he is, taken in a collective, national capacity, revolution of sentiment may be expected to attend him; and in the administration of his government, one uniform unvarying course of procedure is a phenomenon scarcely to be imagined-certainly, nevThe construction which has been given to this er yet experienced for any great length of timeclause, in the cases alluded to, was, that it conveys unless, indeed, it is to be found in the gloomy to Congress a right to make any laws whatsoever, recesses of despotism. In countries over which which they should determine to be expedient for that species of government, or rather that abuse carrying into execution the powers enumerated of all government, stretches its iron sceptre, and in this section, or in any other part of the Consti- by establishing a perennial system of universal tution, whether such laws should have any sort fear, maintains an absolute control over the pubof relation to, or connexion with, any of those lic sentiment, the despot, who by his nod rules enumerated powers or not. Under this construc- everything, may direct his proceedings in one tion the ever-to-be execrated sedition act was uniform course. Nowhere else is such an unipassed; it was passed as a measure expedient, ne- formity of procedure to be found. In those decessary, and proper, for carrying into execution voted countries, the springs of human action are the said enumerated powers, with none of which bound down so closely on all sides, that no room powers had it any more connexion than pitchy is left wherein to move themselves. An univerdarkness has with the blaze of a meridian sun. sal dread of the tyrant stupifies and hushes the Such a latitude of construction at that time ex-whole nation into a state of dead, listless, quietcited a considerable degree of alarm in the minds ism, and profound apathy; consequently, there of those who were impressed with a belief of its cannot exist any external cause by which the dangerous tendency. To them nothing could tyrant can be influenced to vary his course, otherhave been more desirable than such a correction wise than according to his own will and humor. of the clause as would have restricted the con- Yet, even in those unfortunate regions, the bandstruction of it to limits merely commensurate with ages of oppression are sometimes drawn so severethe powers expressly delegated; but the then ex-ly tight, and strained to such an excessive degree, isting state of things precluded every ray of hope that any attempt to obtain such correction at that time could be successful. A different state of things exists at present, it is true, and I hope there is no disposition to resort to a system of policy like that which dictated those measures. Yet, it should be remembered, there is a "tide"-there is a flux and a reflux in the affairs of men; and, although the political aspect, which was then gloomy and menacing, has disappeared; and we have perceived in place of it a bright and auspicious prospect; yet no one can ascertain how long will be its continuance. No human foresight can reach to all future time; to no human being belongs the keen, intuitive faculty of exploring every momenttous event, which may take place in the course of a long succession of periods yet to come. Indeed, sir, I should utter no calumny on human nature, were I to say that the book of futurity remains that they are snapped, and afford a temporary relief to the wretched subjects. The springs of action for a moment recover a portion of their natural elasticity, and expand themselves so far, at least, as to produce a revolution in the Government. Scarcely ever is any other sort of revolution produced in those countries. But in a free country, a country really free, where public opinion cannot be repressed, where public sentiment cannot, and should not be controlled, revolutions of that sentiment-as they will happen, more or less frequently, according to the ruling temper of the nation-influence the government, and occasion changes or alterations in the administration of it, without affecting the existence of the government at all. There is, however, to the American people, a peculiar source of consolation in the rational and just principles of the system which they have H. OF R. Amendment to the Constitution. DECEMBER, 1806. to flatter myself it will always continue to be such. What has once happened, may happen again. What has been once done, may be done again, and may be expected to be done again whenever the same disposition shall exist in the agents, if the authority remains the same. The construction which has been given to the clause, I have read, in the cases alluded to, and under which construction, such a latitude of power has been assumed as may be given again to that clause; and the same, or even a greater latitude of power may be actually exercised under such construction, if the clause remains as it is. It is possible that we may feel the lash of another sedition act, or something more terrible, in its provisions. Indeed, sir, I wish there may be no reason to apprehend that the period may not be very far distant when we may experience a reflux, a sad reflux of things, and behold our political horizon again darkened and menacing. been wise enough to establish. These principles serve as an elevated and luminous beacon, by looking to which, those who have direction of the vessel of State may easily and safely guide it amidst the rocks and shoals whereon so many have been wrecked. These principles enlighten the paths that lead to public happiness, and render them infinitely plainer, and more easily to be traced, than they are found to be on any other portion of the globe. This, then, is a great and singular advantage attending our admirable system-that the strictest adherence to its real principles, is the easiest and most direct way towards promoting the general interests, tranquillity, and happiness of the people. It may, perhaps, be laid down as a correct position, that the duration of public sentiment, in favor of public measures, will generally be commensurate with the time during which those measures are such as promote the general interest and happiness of the people. Since, then, of all systems in the world, the That the clause I have read, should be liable to American system of government is the best cal- receive a construction so broad and extensive is, culated for an easy attainment of these objects, perhaps, not very much to be wondered at, when proportionably greater in this, than in any other we consider the strong propensity existing in system, is the probability that these objects will human nature to grasp at unwarrantable power; be pursued in the administration of it. Hence, and when, indeed, frequent experience manifests also, in the same proportion, is the prospect that too much inclination to adopt measures which public sentiment will be less liable to fluctuation appear expedient, without strictly examining whehere, than under any other government where the ther such measures are authorized by the Constipublic feelings are allowed to express themselves. tution or not. There is something fascinating in But, nevertheless, sir, is there an absolute cer- the possession of power. When no limits are tainty that the administrators of that system will fixed to the exercise of it, everything within its be always invariably guided by its principles; or reach is legalized according to the will of the that, plain and direct as is the way that leads to possessor. This is, to him, the only standard of public happiness, they will never pursue any other moral rectitude. In the scale of human actions, course? Is there an absolute certainty that every those which are forbidden by the eternal, indefeasmeasure, of every set of men who shall hereafter ible laws of nature and of reason, are confounded succeed to the administration, will promote the with those which these laws admit. These laws, general welfare in all respects, and be perfectly which should be universally obligatory on all in conformable to those rules of economy which power, and all out of power, and which may be are essential to the prosperity of a government rightly called the great charter of the human like this, and equally essential to the general hap- race, are, by this arbiter, this will, so construed as piness of the American people? Can such an to have no binding force at all. The suggestions inference be clearly and undeniably drawn from of this arbiter decide the fitness of every act correct views of human nature, or from a general throughout the scale. By these, the life of a man experience of the political transactions of man- and the life of an insect are often placed in the kind? No sir! And, although from the princi- same degree of estimation. By the decisions of ples of this system, and from the virtue of the this tribunal, all principles are confounded, and American people, there is far better security for everything is rendered lawful to the sovereign. an easy attainment of every desirable object of As he wills any act, so it is to be done, as expecivil government here, than anywhere else; yet dient to display his power and to maintain his this security is not completely infallible. It can- dominion. Such is the case in despotic governnot be expected that no vicissitude in the political ments, and hence, sir, it should be deduced, as an affairs of this country, that no revolution of pub-incontrovertible maxim, that, in every governlic sentiment will hereafter take place. Already have we experienced an important change. Already have we experienced a change amounting to a complete revolution of sentiment, as to a great portion of the American people, and to a complete reversal of the prominent measures of administration. I have rejoiced, sir, and do rejoice in this change, as a grand amelioration of measures. I rejoice in the auspicious state of things which it has produced. I have trusted, I have believed, and I hope, that it rests on a basis which will render it durable; yet, I have no right ment intended to be limited in its powers, it is essential clearly to define those powers. This is necessary in governments, the powers of which are designed to be much more general and extensive than those of the federal Government of these States. How important, then, is it, that the powers of this Government, limited as they are in so peculiar a manner, should be marked out with such clearness and precision, that those who administer the Government may not, at any time, without manifest and glaring violation of its essential principles, exercise any power not intended |