The said bill was read, and is as follows:

The President's objections were also read; and, after debate on the subject-matter of the said bill, the question "That the House, on reconsideration, do agree to pass the bill," was determined in the mode prescribed by the Constitution of the United States, and passed in the negative - yeas 23, nays 33 as follows: ..

And so the said bill was rejected, two-thirds of the House not agreeing to pass the same.

50. President Jefferson's Innovation.1

December 8, 1801.

Sir: The circumstances under which we find ourselves at this place rendering inconvenient the mode heretofore practised, of making by personal address the first communications between the Legislative and Executive branches, I have adopted that by Message, as used on all subsequent occasions through the session. In doing this I have had principal regard to the convenience of the Legislature, to the economy of their time, to their relief from the embarrassment of immediate answers, on subjects not yet fully before them, and to the benefits thence resulting to the public affairs. Trusting that a procedure founded in these motives will meet their approbation, I beg leave, through you, sir, to communicate the enclosed Message, with the documents accompanying it, to the honorable the Senate, and pray you to accept, for yourself and them, the homage of my high respect and consideration.

TH. JEFFERSON.

1 Richardson, Messages and Papers of the Presidents, 1, 325.

at any other place, the President of the Senate and Senators shall attend at the place appointed. The secretary of the Senate shall also attend to take the minutes of the Senate; that all questions shall be put by the President of the Senate, either in the presence or absence of the President of the United States, and the Senators shall signify their assent or dissent by answering viva voce Ay or No."

53. President and Senate in Executive Session.1

August 22d, Saturday. - Senate met, and went on the Coasting bill. The door-keeper soon told us of the arrival of the President. The President was introduced and took our VicePresident's chair. He rose and told us bluntly that he had called on us for our advice and consent to some propositions respecting the treaty to be held with the Southern Indians. Said he had brought General Knox with him, who was well acquainted with the business. He then turned to General Knox, who was seated on the left of the chair. Gen. Knox handed him a paper, which he handed to the President of the Senate, who was seated on a chair on the floor to his right. Our Vice-President hurried over the paper. Carriages were driving past, and such a noise, I could tell it was something about Indians, but was not master of one sentence of it. Signs were made to the door-keeper to shut down the sashes. Seven heads, as we since have learned, were stated at the end of the paper, which the Senate were to give their advice and consent to. They were so framed that this could be done by aye or no.

The President told us that a paper from an agent of the Cherokees was given to him just as he was coming to the Hall. He motioned to Gen. Knox for it, and handed it to the President of the Senate. It was read. It complained hard of the unjust treatment of the people of North Carolina, &c., their violation of treaties, &c. Our Vice-President now read off the first article, to which our advice and consent was requested. It referred back principally to some statements in the body of the writing which had been read.

1 Maclay, Journal of William Maclay, 128-33 passim.

Mr. Morris rose. Said the noise of carriages had been so great that he really could not say that he had heard the body of the paper which had been read, and prayed it might be read again. It was so.

It was no sooner read, than our Vice-President immediately read the first head over again, and put the question, Do you advise and consent, &c.? There was a dead pause. Mr. Morris whispered me, "We will see who will venture to break silence first."

Our President was proceeding: "As many as

I rose reluctantly, indeed, and from the length of the pause, the hint given by Mr. Morris, and the proceeding of our VicePresident, it appeared to me that if I did not, no other one would, and we should have these advices and consents ravished, in a degree, from us.

Mr. President: The paper which you have now read to us appears to have for its basis sundry treaties and public transactions between the Southern Indians and the United States and the States of Georgia, North Carolina, and South Carolina. The business is new to the Senate. It is of importance. It is our duty to inform ourselves, as well as possible, on the subject. I therefore call for the reading of the treaties and other documents alluded to in the paper before us.

I cast an eye at the President of the United States. I saw he wore an aspect of stern displeasure. General Knox turned up some of the acts of Congress, and the protests of one Blount, agent for North Carolina. Mr. Lee rose and named a particular treaty, which he wished read. The business labored with the Senate. There appeared an evident reluctance to proceed. The first article was about the Cherokees. It was hinted that the person just come from there might have more information. The President of the United States rose; said he had no objection to that article being postponed, and in the meantime he would see the messenger.

The second article, which was about the Chickasaws and Choctaws, was likewise postponed. The third article more immediately concerned Georgia and the Creeks. Mr. Gunn,

from Georgia, moved that this be postponed till Monday. He was seconded by Mr. Few. General Knox was asked when General Lincoln would be here on his way to Georgia. He answered not until Saturday next. The whole House seemed against Gunn and Few. I rose, and said; When I considered the newness and importance of the subject, that one article had already been postponed; that General Lincoln, the first named of the commissioners, would not be here for a week; the deep interest Georgia had in this affair, — I could not think it improper that the Senators from that State should be indulged in a postponement until Monday; and more especially as I had not heard any inconvenience pointed out that could possibly flow from it.

The question was put, and actually carried; but Ellsworth immediately began a long discourse on the merits of the business. He was answered by Lee, who appealed to the Constitution with regard to the power of making war. Butler and Izard answered, and Mr. Morris at last informed the disputants that they were debating on a subject that was actually postponed. Mr. Adams denied, in the face of the House, that it had been postponed. This very trick has been played by him and his New England men more than once. The question was, however, put a second time, and carried.

I had, at an early stage of the business, whispered Mr. Morris that I thought the best way to conduct the business was to have all the papers committed. My reasons were that I saw no chance of a fair investigation of subjects while the President of the United States sat there, with his Secretary of War to support his opinions, and overawe the timid and neutral part of the Senate. Mr. Morris hastily rose, and moved that the papers communicated to the Senate by the President of the United States should be referred to a committee of five, to report as soon as might be on them. He was seconded by Mr. Gunn. Several members grumbled some objections. Mr. Butler rose; made a lengthy speech against commitment; said we were acting as a council. No council ever committed anything. Committees were an improper mode of doing business;

it threw business out of the hands of the many into the hands of the few, &c.

I rose, and supported the mode of doing business by committees; that committees were used in all public deliberative bodies, &c. I thought I did the subject justice, but concluded the commitment cannot be attended with any possible inconvenience. Some articles are already postponed until Monday. Whoever the committee are, if committed, they must make their report on Monday morning. I spoke through the whole in a low tone of voice. Peevishness itself, I think, could not have taken offense at anything I said.

As I sat down, the President of the United States started up in a violent fret. "This defeats every purpose of my coming here,"

were the first words that he said. He then went on that he had brought his Secretary at War with him to give every necessary information; that the Secretary knew all about the business, and yet he was delayed, and could not go on with the matter. He cooled, however, by degrees. Said he had no objection to putting off this matter until Monday, but declared he did not understand the matter of commitment. He might be delayed; he could not tell how long.

He rose a second time, and said he had no objection to postponement until Monday at ten o'clock. By the looks of the Senate, this seemed agreed to. A pause for sometime ensued. We waited for him to withdraw. He did so, with a discontented air. Had it been any other than the man who I wish to regard as the first character in the world, I would have said, with sullen dignity.

August 24th, Monday. - The Senate met. The President of the United States soon took his seat, and the business began. The President wore a different aspect from what he did Saturday. He was placid and serene, and manifested a spirit of accommodation; declared his consent that his questions should be amended. A tedious debate took place on the third article. I was called on by Mr. Lee, of Virginia, to state something respecting the treaty held by Pennsylvania. This brought me