in some of the scenes of his deepest distress and most trying perplexities; I have also attended him in his highest elevation, and most prosperous felicity, with uniform admiration of his wisdom, moderation, and constancy. Among all our original associates in that memorable League of the Continent in 1774, which first expressed the sovereign will of a free nation in America, he was the only one remaining in the General Government. Although, with a constitution more enfeebled than his, at an age when he thought it necessary to prepare for retirement, I feel myself alone, bereaved of my last brother, yet I derive a strong consolation from the unanimous disposition which appears, in all ages and classes, to mingle their sorrows with mine, on this common calamity to the world. The life of our WASHINGTON cannot suffer by a comparison with those of other countries who have been most celebrated and exalted by fame. The attributes and decorations of royalty could have only served to eclipse the majesty of those virtues which made him, from being a modest citizen, a more resplendent luminary. Misfortune, had he lived, could hereafter have sullied his glory only with those superficial minds, who, believing that characters and actions are marked by success alone, rarely deserve to enjoy it. Malice could never blast his honor, and envy made him a singular exception to her universal rule. For himself, he had lived enough to life, and to glory. For his fellow-citizens, if their prayers could have been answered, he would have been immortal. For me, his departure is at a most unfortunate moment. Trusting, however, in the wise and righteous dominion of Providence over the passions of men, and the results of their councils and actions, as well as over their lives, nothing remains for me but humble resignation. His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read. If a Trajan found a Pliny, a Marcus Aurelius can never want biographers, eulogists, or historians. JOHN ADAMS. UNITED STATES, December 23, 1799. The Senate returned to their own Chamber. A message from the House of Representatives informed the Senate that the joint committee appointed on the part of the House of Representatives, on the 19th instant, on the receipt of the intelligence of the death of General GEORGE WASHINGTON, having made report to that House, they have agreed to sundry resolutions thereupon, in which they desire the concurrence of the Senate. Mr. DAYTON, from the joint committee appointed the 19th instant, on the part of the Senate, on the receipt of the intelligence of the death of General GEORGE WASHINGTON, reported in part, and the report was agreed to. Whereupon, The Senate took into consideration the resolutions of the House of Representatives, of this day, on the report of the joint committee on the subject above mentioned, and which resolutions are as follows: [DECEMBER, 1799 of the United States of America in Congress assembled That a marble monument be erected by the United States in the Capitol, at the City of Washington; and that the family of General WASHINGTON be requested to permit his body to be deposited under it; and that the monument be so designed as to commemorate the great events of his military and political life. And be it further resolved, That there be a funeral procession from Congress Hall to the German Latheran Church, in honor of the memory of General GEORGE WASHINGTON, on Thursday, the 26th instant; and that an oration be prepared at the request of Congress, to be delivered before both Houses on that day; and that the President of the Senate, and Speaker of the House of Representatives, be desired to request one of the members of Congress to prepare and deliver the same. And be it further resolved, That it be recommended to the people of the United States to wear crape on the left arm, as mourning, for thirty days. And be it further resolved, That the PRESIDENT OF THE UNITED STATES be requested to direct a copy of these resolutions to be transmitted to Mrs. WASHINGTON, assuring her of the profound respect Congress will ever bear to her person and character; of their condolence on the late afflicting dispensation of Previdence, and entreating her assent to the interment of the remains of General GEORGE Washington, in the manner expressed in the first resolution. Resolved, That the PRESIDENT OF THE UNITED STATES be requested to issue a proclamation, notifying to the people throughout the United States, the recommendation contained in the third resolution. Resolved, unanimously, That the Senate do concur in the aforesaid resolutions. THURSDAY, December 26. the Senate went in procession to the German In conformity to the resolve of the 23d instant, Lutheran Church, where was delivered an oration in honor of the memory of General GEORGE WASHINGTON. After which, they returned to their own Chamber, and adjourned. FRIDAY, December 27. Resolved, That the thanks of the Senate be communicated, through their President, to General HENRY LEE, for the eloquent and impressive oration to the memory of General GEORGE WASHINGTON, which he prepared and delivered at the request of Congress. Resolved, That the Secretary be directed to apply to General LEE for a copy of the same. MONDAY, December 30. United States, and President of the Senate, THOMAS JEFFERSON, Vice President of the attended. Legislature of the State of North Carolina, proJESSE FRANKLIN, appointed a Senator by the duced his credentials, was qualified, and took his seat in the Senate. The VICE PRESIDENT laid before the Senate a letter signed John Cloves Symmes, stating Resolved, by the Senate and House of Representatives the reasons why Congress should be induced to JANUARY, 1800.] Disputed Presidential Elections. [SENATE. receive of him the purchase money for certain | ed as in her own words, I transmit to Congress her public lands at the contract price; and the let-original letter. ter was read. Mr. LIVERMORE laid before the Senate a letter signed Henry Lee, in answer to their vote of thanks of the 27th instant, and request of a copy of his oration; which was read. Mr. DAYTON, from the joint committee appointed the 19th instant, on the intelligence of the death of General GEORGE WASHINGTON, made a further report, in part, and it was agreed that the consideration thereof be postponed. TUESDAY, December 31. It would be an attempt of too much delicacy to make any comments upon it; but there can be no doubt that the nation at large, as well as all the branches of the Government, will be highly gratified by any arrangement which may diminish the sacrifice she makes of her individual feelings. JOHN ADAMS. UNITED STATES, January 8, 1800. The letter is as follows: SIR: While I feel with keenest anguish the late dispensation of Divine Providence, I cannot be insensible to the mournful tributes of respect and veneration which are paid to the memory of my dear deceased A message from the House of Representatives husband; and, as his best services, and most anxious informed the Senate that the House have passed wishes, were always devoted to the welfare and hap"Resolutions directing further measures in honor piness f his country, to know that they were truly of the memory of General GEORGE WASHING-appreciated and gratefully remembered, affords no TON," in which they desire the concurrence of inconsiderable consolation. the Senate. The resolutions were read, as follows: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That it be recommended to the people of the United States to assemble on the 22d day of February next, in such numbers and manner as may be convenient, publicly to testify their grief for the death of General GEORGE WASHINGTON, by suitable eulogies, orations, and discourses, or by public prayers. And be it further resolved, That the PRESIDENT be requested to issue a proclamation for the purpose of carrying the foregoing resolution into effect. Whereupon, Resolved, That the Senate do concur in the said resolution. WEDNESDAY, January 8. Taught by the great example which I have so long had before me, never to oppose my private wishes to the public will, I must consent to the request made by Congress, which you have had the goodness to transmit to me; and, in doing this, I need not, I cannot, say what a sacrifice of individual feeling I make to a sense of public duty. With grateful acknowledgments, and unfeigned thanks, for the personal respect and evidences of condolence, expressed by Congress and yourself, I remain, very respectfully, sir, your most obedient, humble servant. MARTHA WASHINGTON. The PRESIDENT OF THE UNITED STATES. Ordered, That the Message and letter be referred to the joint committee appointed on the 19th December last, to report suitable measures in honor of the memory of General GEORGE WASHINGTON, deceased. THURSDAY, January 23. CHARLES PINCKNEY, appointed a Senator by the State of South Carolina, produced his credentials, was qualified, and took his seat in the Senate. Disputed Presidential Elections. Resolved, That a committee be appointed to consider whether any, and what, provisions ought to be The following Message was received from the made by law for deciding disputed elections of PresiPRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and Gentlemen of the House of Representatives : In compliance with the request in one of the resolutions of Congress, of the 21st of December last, I transmitted a copy of those resolutions, by my Secretary, Mr. Shaw, to Mrs. WASHINGTON, assuring her of the profound respect Congress will ever bear to her person and character; of their condolence in the late afflicting dispensation of Providence; and entreating her assent to the interment of the remains of General GEORGE WASHINGTON, in the manner expressed in the first resolution. As the sentiments of that virtuous lady, not less beloved by this nation than she is at present greatly afflicted, can never be so well express dent and Vice President of the United States, and for determining the legality or illegality of the votes given for those officers in the different States: A motion was made to amend the motion by adding, "and that the committee be authorized to report by bill or otherwise." Mr. BROWN, of Kentucky, was of opinion that this was a subject on which Congress had no right to legislate. When the constitution undertook to make provisions on a subject, if they were found incomplete, or defective, they must be remedied by recommending an amendment to the constitution. He wished the gentleman who had made this motion would pay further SENATE.] Disputed Presidential Elections. attention to the subject, and believed he would find that if any thing was to be done it must be done by proposing an amendment to the constitution. Mr. Ross said, that the constitution had certainly made no provision on this subject. It only directed that after the votes were received, &c., the President of the Senate should, in the presence of the Senate and the House of Representatives, open the certificates, and the votes should be counted. Suppose, said he, persons should claim to be Electors, who had never been properly appointed, should their vote be received? Suppose they should vote for a person to be President who had not the age required by the constitution, or who had not been long enough a citizen of the United States, or for two persons who were both citizens of the same State-such cases might happen and were very likely to happen, and is there no remedy? What a situation would the country be in if such a case was to happen! He thought it their duty to make provision for it, and he believed a law was sufficient. Mr. C. PINCKNEY, of South Carolina, thought it a very dangerous practice to endeavor to amend the constitution by making laws for the purpose. The constitution was a sacred deposit, put into their hands; they ought to take great care not to violate or destroy the essential provisions made by that instrument. He remembered very well that in the Federal Convention great care was used to provide for the election of the President of the United States, independently of Congress; to take the business as far as possible out of their hands. The votes are to be given by Electors appointed for that express purpose, the Electors are to be appointed by each State, and the whole direction as to the manner of their appointment is given to the State Legislatures. Nothing was more clear to him than that Congress had no right to meddle with it at all; as the whole was intrusted to the State Legislatures, they must make provision for all questions arising on the occasion. (JANUARY, 1800, carry into effect the power of appointing the President; it is, therefore, clearly constitutional. Mr. LIVERMORE, of New Hampshire never felt less doubt on any subject than the one now under consideration: the constitution has given many directions as to the appointment of the President, some of which he read. It is possible (said Mr. L.) that gentlemen can suppose all these may be violated and disregarded, and yet that it is nobody's business to interpose and make provision to prevent it? He trusted the honorable Senate would agree to the resolution to appoint a committee for that purpose. Mr. BALDWIN, of Georgia, expressed his regret that the mover of this resolution had not thought proper to bring forward a subject so new and important, in the form commonly used in parliamentary assemblies, by a single proposition, viz: "that it is expedient that further provision be made respecting disputed votes for President and Vice President of the United States." It was manifest from the debate that several different questions had been under consideration at the same time, and different gentlemen were in fact directing their remarks to different questions. The first question was, the one he had just mentioned, whether there was so great a defect in the present provisions, which exist on this subject, as to render further provisions necessary? The second is, if further provisions are necessary, must they be made by amendment to the constitution? or, Thirdly, whether they can be made by law? He must say for himself, that he did not agree that the present provisions on this subject were so defective and absurd as had been represented. His general respect for those who had gone before him in this House, and especially for the venerable assembly of the most experienced statesmen of the country by whom the constitution had been formed, forbade him to entertain the belief that the subject, which is the strong feature that characterizes this as an Elective Government, could have been till now so entirely out of sight and neglected. Mr. DEXTER, of Massachusetts, did not feel Gentlemen appeared to him, from their observahimself at all in doubt as to the right of the tions, to forget that the constitution in directLegislature to make such provisions on this sub-ing Electors to be appointed throughout the ject as appeared to be necessary. It was directed by the constitution that a President should be appointed, that he should be of not less than thirty-five years of age, that he should have been at least fourteen years a citizen of the United States, &c. The proceedings in the election of a President may be defective in all these particulars, and can it be supposed that there is no way to correct them? The constitution is not silent on this head; among the powers given to Congress in the 5th section is this, "to pass all laws 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 department or officer thereof." The law now proposed appears to be necessary to United States equal to the whole number of the Senators and Representatives in Congress, for the express purpose of intrusting this constitutional branch of power to them, had provided for the existence of as respectable a body as Congress, and in whom the constitution on this business has more confidence than in Congress. Experience had proved that a more venerable selection of characters could not be made in this country than usually composed that electoral body. And what are the questions which can arise on the subject intrusted to them to which they are incompetent, or to which Congress is so much more competent ? The questions which present themselves seem to be: 1. Those which relate to the elections, re FEBRUARY, 1800.] Disputed Presidential Elections. [SENATE. turns, and qualifications, of their own members. | under this resolution, he thought they must be Shall these be taken away from that body, and submitted to the superior decision and control of Congress, without a particle of authority for it from the constitution? 2. The legality or constitutionality of the different steps of their own proceedings, as, whether they vote for two persons both of the same State; whether they receive votes for a person under thirty-five years of age, or one who has not been fourteen years a citizen of the United States, &c. It is true they, as well as any other constitutional branch of this Government acting under that instrument, may be guilty of taking unconstitutional or corrupt steps, but they do it at their peril. Suppose either of the other branches of the Government, the Executive, or the Judiciary, or even Congress, should be guilty of taking steps which are unconstitutional, to whom is it submitted, or who has control over it, except by impeachment? The constitution seems to have equal confidence in all the branches on their own proper ground, and for either to arrogate superiority, or a claim to greater confidence, shows them in particular to be unworthy of it, as it is in itself directly unconstitutional. 3. The authentication of their own acts. This would seem to be as complete in them, as in either of the other branches of the Government. Their own authentication of their act finishes the business intrusted to them. It is true this must be judged of by the persons who are concerned in carrying it into execution; as in all laws and official acts under this Government, they to whom they are directed, and who are to be bound by them, must judge, and judge at their peril, whether they are duly authenticated or whether they are only a forgery. If this be the just view of the subject, (and he could see no other which did not involve inextricable difficulties,) it leaves no possible question for the Senators and Representatives, when met together to count the votes agreeably to the constitution, but to judge of the authentication of the act of the Electors, and then to proceed and count the votes as directed. If this body of the Electors of all the States had been directed by the constitution to assemble in one place, instead of being formed into diferent Electoral colleges, he took it for granted none of the questions on which this resolution has been brought forward, would have occurred; every one would have acknowledged that they were to be settled in that assembly. It having been deemed more safe by the constitution to form them into different Electoral colleges, to be assembled in the several States, does not at all alter the nature or distinctness of their powers, or subject them any more to the control of the other departments of the Government. He observed further on the other points to which gentlemen had spoken, that if such radical and important changes were to be made on this subject, as seemed to be in contemplation made by proposing an amendment to the constitution to that effect; and that they could not be made by law, without violating the constitution. He did not agree with the gentleman from Massachusetts, (Mr. DEXTER,) that the clause at the close of the 8th section of the constitution, which gives to Congress power to pass all laws necessary and proper to carry into effect the foregoing powers of that section, and all other powers vested by the constitution in the Government of the United States, or in any department or officer thereof, could be extended to this case: that speaks of the use of the powers vested by the constitution-this resolution relates to the formation of a competent and essential part of the Government itself: that speaks of the movements of the Government after it is organized-this relates to the organization of the Executive branch, and is therefore clearly a constitutional work, and to be done, if at all, in the manner pointed out by the constitution, by proposing an article of amendment to the constitution on that subject. His own opinion, however, was, what he had before stated, that the provisions on this subject were already sufficient; that all the questions which had been suggested were as safely left to the decision of the assemblies of Electors, as of any body of men that could be devised; and that the members of the Senate and of the House of Representatives, when met together in one rooom, should receive the act of the Electors as they would the act of any other constitutional branch of the Government, to judge only of its authentication, and then to proceed to count the votes, as directed in the second article of the constitution. The further consideration of the subject was postponed. FRIDAY, January 24. Disputed Presidential Elections. The Senate resumed the consideration of the motion made yesterday, that a committee be appointed to consider whether any, and what, provisions ought to be made by law for deciding disputed elections of President and Vice President of the United States, and for determining the legality or illegality of the votes given for those officers in the different States, and that the committee be authorized to report by bill or otherwise; and the motion as amended was adopted; and, Ordered, That Messrs. Ross, LAURANCE, DexTER, PINCKNEY, and LIVERMORE, be the committee. THURSDAY, February 20. Disputed Presidential Elections. The Senate resumed the consideration of the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States. On motion to strike out of the first section of the bill the following words: Together with the Chief Justice of the United States, or if he be absent from the Seat of Government or unable to attend, then with the next senior Judge of the Supreme Court of the United States, who may be present and able to attend. It passed in the negative-yeas 11, nays 19, as follows: YEAS.-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney. [MARCH, 1800, WEDNESDAY, February 26. DUANE AND THE AURORA. A motion was made, by Mr. TRACY, that it be Resolved, That the Committee of Privileges be, and of the newspaper printed in the city of Philadelphia, they are hereby, directed to inquire who is the editor what means the editor became possessed of the copy called the General Advertiser, or Aurora, and by of a bill prescribing the mode of deciding disputed NAYS.-Messrs. Bingham, Chipman, Dayton, Dexter, Foster, Greene, Gunn, Hillhouse, Howard, Latimer, Laurance, Livermore, Paine, Read, Ross, Schure-elections of President and Vice President of the man, Tracy, Watson, and Wells On motion to strike out these words from the 1st section: "to choose by ballot in each House six members," and in lieu thereof to insert "to draw by lot in each House members: " It was determined in the negative-yeas 9, nays 18, as follows: YEAS.-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, Langdon, Marshall, Mason, and Nicholas. NAYS.-Messrs. Chipman, Dayton, Dexter, Foster, Franklin, Goodhue, Greene, Gunn, Hillhouse, Latimer, Laurance, Livermore, Paine, Read, Ross, Schureman, Tracy, and Wells. Ordered, That the further consideration of the bill be postponed. FRIDAY, February 21. Eulogium on General Washington. Resolved, That the Senate will, to-morrow, at half past 12 o'clock, meet at the Senate Chamber, and from thence walk in procession to the German Calvinist Church in Race street, to hear the eulogium pronounced on the character of General WASHINGTON. MONDAY, February 24. Disputed Presidential Elections. 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. On motion, to amend the bill, section 5th, line 7th, so as to provide that the proceedings of the committee be held in public, by striking out the words "with closed doors," and inserting, "in the Chamber of the House of Representatives, with open doors,” in lieu thereof: It passed in the negative-yeas 8, nays 16, as follows: YEAS.-Messrs. Anderson, Baldwin, Bloodworth, Cocke, Franklin, Langdon, Mason, and Nicholas. NAYS.-Messrs. Bingham, Chipman, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Laurance, Livermore, Marshall, Paine, Read, Ross, Tracy, and Wells. And, after progress, the further consideration of the bill was postponed. 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 member of the committee who brought before the Senate the bill aforesaid, had never been consulted on sundry assertions in the same paper, respecting the the subject. And generally to inquire the origin of Senate of the United States, and the members thereof, in their official capacity, and why the same were that the said committee have power to send for published; and make report to the Senate. persons, papers, and records, relating to the subject committed to them. And Ordered, That this motion lie for consideration. The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elections of the President and Vice President of the United States; and after progress, adjourned. WEDNESDAY, March 5. Breach of Privilege. The Senate took into consideration the motion made on the 26th of February last, that an inquiry be had relative to a publication in a newspaper called the "Aurora," on the 19th of the said month; and agreed to insert after these words: "and by what authority he published the same," line 7th, the words "as having passed the Senate." Mr. COCKE said, he would not suffer a measure of this kind to pass through the Senate, while he had the honor of a seat in that body, without manifesting the most determined opposition. What did the gentleman mean by avoiding the general principle? did he mean to get the consent of the Senate, acting in the character of an inquest, to an acknowledgment that the editor of the Aurora had been guilty of a crime, without any inquiry whether the publication in itself was criminal, or whether if it was criminal, the Senate, as an independent and a single branch of the Legislature, had of itself the power to define the crime and inflict the punishment? He could not consent to an admission of this kind; the constitution gave them no such authority; the privileges of the House and of the members did not extend beyond the walls of the Chamber in which they were sitting, |