REPORT.

Washington City, November 2, 1851.

General: I have the honor to inclose to you the accompanying report in relation to the late expedition to El Paso, made in compliance with the following order:

Quartermaster General's Office, }
Washington City, January 14, 1851.}

Sir: A large supply of stores for El Paso is on the way from Baltimore to Indianola, Tex., as you are aware, to meet an apprehended deficiency of subsistence for the troops at that post and its dependencies in New Mexico. This supply is to be taken to its destination in a public train. You are selected to take charge of and conduct it. You will proceed to San Antonio, and report to Maj. Babbitt for that service. On your way thither you will stop at New Orleans, and ascertain from Col. Hunt the state of the wagons which he has shipped to Indianola by orders from this office; and if they are not in every respect in a condition for the service in which they are to be employed, you will call for whatsoever you may think necessary to the efficiency of the service. Should you obtain information on the route of the loss of any of the wagons shipped recently from Philadelphia, you will take measures to replace as many of them as you may think necessary.

The expenses of the department are enormous, and they must, if practicable, be reduced. You must therefore carefully avoid any expense not absolutely required; but at the same time, economy is not to be carried so far as to impair efficiency.

Maj. Babbitt has been written to and informed that you are to organize a train under his instructions, or to aid him in organizing it, and that you are to have charge of it. Let that service be performed in your usual manner, and with your accustomed energy, and I am sure all will go right.

All the operatives employed must go armed, and if a small escort be necessary in addition, the commanding general I have no doubt will direct it. Let it however be as small as possible, so as not to use so large a portion of the supplies as are usually required for escorts.

Collect all the information you can in regard to the country, its resources, the condition of the Indians who roam over it, what are their numbers, and how they can best be controlled; also whether settlements might not be formed on the route sufficiently strong to protect themselves from the Indians, and furnish supplies for emigrants and troops.

With entire reliance on your energy, talents, and zeal, I am respectfully your obedient servant,

Th. S. Jesup, Quartermaster General.

Capt. S. G. French, Assistant Quartermaster, Washington City.

In pursuance of the above orders I proceeded to San Antonio, and reported for duty on the 24th of February, and commenced making preparations for the organization of the train. Many of the wagons required for the service, and all the stores, were still on the coast, and all the available means that Maj. Babbitt had were immediately employed in bringing them to the depot at San Antonio. An estimate of the number of animals that would be required was made, and, as there were not enough in his possession, some three hundred were received by purchase, and formed into teams for the road, and a small train thus organized was dispatched to Indianola to hasten up with the subsistence. But little hired transportation could be procured, for the severity of the winter had destroyed all vegetation, and the cattle could barely subsist. Some of the stores thus sent by the citizens from the coast were nearly or quite a month on the road up to the depot at San Antonio. By the last of April most of the stores had arrived, the requisite number of employees had been engaged, and the loading of the wagons was commenced. As they received the loads, they were sent in small detachments to Leona, the point I had designated as the general rendezvous. By the 7th of May the last train left the depot, and I started with it for Leona. The supplies for El Paso were kept separate from those drawn for the escort and employees, and, in order to avoid the expense of transporting salt provisions for the command, I received from the commissary of subsistence eighty days' fresh meat, the beeves being driven along by men in the employ of the contractors, and furnished when required. As the Indians on the borders had manifested considerable hostility during the spring, I deemed it necessary to ask of Maj. Gen. Harney, commanding the department, the protection of an escort. For this service a detachment of eighty men from the first regiment of infantry was ordered; but, as the transportation of their subsistence would incur considerable expense, I thought it consistent with proper economy and perfect safety to suggest its reduction to fifty men. The number was accordingly diminished, and on my reaching Fort Inge I found the escort there under the command of Capt. B. H. Arthur awaiting my arrival, and I will here express my obligations to him for the cheerful aid he always afforded me.

I encamped at the rendezvous on the 11th. On the 12th the last of the wagons arrived, and the day following was passed in making final preparations for our departure. The entire expedition, comprising one hundred and fifty wagons (including three belonging to Maj. Backus,[17] Capt. Sitgreaves, and Lieut. Williamson, en route to New Mexico) and over one thousand animals, moved on the 14th, and encamped on the banks of the Nueces. These numbers were further increased by those of citizens availing themselves of our protection to pass through the Indian country.

The march was now continued without any accidents or unnecessary delay, until the night of the 23d, when we were visited by a thunderstorm, accompanied by such violent gusts of wind as to prostrate all our tents and expose us to the rain till morning. We were encamped in the valley of the San Pedro river, and, knowing that it was subject to sudden overflows from heavy falls of rain, I examined the ford the next day about noon, and could perceive only a slight rise in the water, and therefore commenced crossing the baggage wagons, giving directions for the main train to follow soon after; but no sooner were the former completely over than in the space of a few minutes the waters rose several feet, thereby completely cutting off all communication with the main train for nearly two days. The waters having subsided enough so as not to enter the wagon bodies, the stream was passed, and we continued the march again without interruption to the Pecos river. We found the water of this stream low; but an examination of the ford led me to believe that it was still too deep to pass over in safety, and I was obliged to cause three cylindrical iron rods, or wires, that had been left across the river by the contractors for the year previous, to be raised and secured to the shores by means of strong cables, which being planked over formed a suspension bridge forty feet in length, over which the wagons with the stores were run by hand. About seventy wagons had been thus passed across, when the end of one of the rods that was bent at a right angle broke, and the bridge became impassable. A second examination of the river led to the discovery of a ledge of rocks affording a good bottom, where the rest of the wagons were driven across with but little difficulty. The west bank of the river having been gained, we resumed our journey. At the Comanche Springs we were overtaken by Col. J. D. Graham, U. S. army, topographical engineer, on his way to the Mexican Boundary Commission, who continued with us to El Paso.

The disappointment arising from not having water where on former occasions it had been characterized as permanent or living, together with the parched-up condition of the country, caused me to move with more circumspection. The Lempia was found dry its entire length, excepting one place, that was a mile distant from the road and almost inaccessible to animals, and another at its source at the Painted Camp. I therefore remained at the last-mentioned place, and sent expresses ahead to look for water, which resulted in the discovery of a pool in a ravine twenty miles in advance, to which point we moved. The condensation of vapor on the mountain sides caused some rain to fall about ten miles farther on the road, where the men in advance, by digging trenches on the plain, drained it from the surface where it had not been absorbed, in sufficient abundance for all the animals. Preparations had been made in anticipation of a long journey without water, by filling all the water barrels and kegs at the Lempia. There was now but little hope of finding water short of Eagle Springs, sixty-five miles distant, and the weather being extremely warm, and the roads excessively dusty, I started at two o'clock A.M.; but, much to the joy of every one, a small hole containing water enough for a part of the advance train was found about sunrise, and two others containing sufficient to allow each animal a few quarts were discovered where we halted at noon; again about sunset some was found in a small water gulley in Providence Creek, and each animal was given a few gallons as they passed by and moved in advance in quest of an encamping place where there was some grazing for the animals. But the dryness of the herbage seemed only to increase the thirst of the poor mules, and all night they kept up a continued braying. At one A.M. I again started for the springs, still twenty-nine miles distant, halting at eleven o'clock to give the animals all the water in the kegs and to permit them to graze. Our baggage wagons and the advance of the escort continued on to the springs, which, to the astonishment of all, were so nearly dry that the few animals with us scarcely got enough to slake their thirst. I immediately set some men to the task of digging out the springs, and dispatched a party several miles up the mountains to where on a former occasion a large stream was found running, but they returned and reported it perfectly dry. As to procuring water from the springs where the men were digging, it was an impossibility. While thus perplexed, a thunder shower that hovered around a distant peak of the mountains, and then rolled up the valley, for a time inspired hope, but like the cloud it soon passed away. About four P.M. the trains arrived, and I directed them to continue the march all night to the Rio Grande, thirty-two miles distant. All day difficulties had been accumulating. In the morning an express had overtaken us, giving the information that some of the mules belonging to the Boundary Commission had strayed for water during the night, and they were unable to move from Providence Creek. They could not be left there without water; and, lest the missing animals should not be recovered, I caused four teams to remain at Eagle Springs; so that, should their animals be irrecoverably lost, I might give assistance to get their wagons up to the springs the next day, and resolved to remain in camp till two o'clock the next morning, believing that ere then they would reach our camp, which fortunately was the case. At two o'clock in the morning I left the springs, and arrived at the mouth of the caÑon[18] through which the valley of the Rio Grande is gained, about nine A.M., and found in it near twenty wagons blocking up the passage, the animals exhausted for want of water and from fatigue. They were immediately loosed and driven to the river, eight miles distant, where the main body was encamped, and in the evening these wagons were brought into camp from out the caÑon where they had been left. Thus, from not finding water at Eagle Springs, and being obliged to continue on to the Rio Grande, the trains were forced to make a march of ninety-six miles in fifty-two consecutive hours, the last sixty miles having been made in thirty hours. These marches were as disagreeable as can well be imagined, and continued to be so to the place of destination, owing to the intolerable heat, the thermometer during the day in the shade standing at 110 degrees, and to the immense volumes of dust that rested on either side the road like a cloud, obscuring everything from the view, except when wafted away by the wind.

We reached El Paso on the 24th of June, forty-nine days after leaving San Antonio, during which time thirty-nine only were passed in traveling. The stores were all delivered in good condition; and an estimate being made of what would be required on the return trip, I found more salt provisions on hand than were necessary, and therefore caused a part of them to be left at San Elizario, whereby the supplies were increased by about eighteen hundred rations. As soon as the stores were delivered and I could complete my duties, the journey homeward was commenced. We left El Paso on the 7th of July, and reached San Antonio on the 9th of August. The same difficulty in regard to water was not experienced when returning; for at Eagle Springs Mr. Smith, a gentleman who had charge of a small train of wagons, arriving there about a week after us, finding no water, remained there in camp while his animals were being driven to the Rio Grande, thirty-two miles distant, and dug out the springs to a capacity four times greater than I had left them. I also divided the train in sections, marching on consecutive days, so as to let the springs fill during the intervals between the departure and the arrival. The marches were always made with a view to favor the animals, and the time of starting, etc., was determined by the circumstances of distance, the weather, grazing, and water. On the journey out, I generally had the animals corralled at night for safety when there was no moon; but after the stores were delivered, and the main object of the expedition had been accomplished, more risk could be afforded; and accordingly, from the time we left the Rio Grande until the arrival at San Antonio, the animals were herded all the time excepting when in harness. By thus giving them every opportunity to graze, and always traveling with a view to favoring them, I am pleased to state that they returned to the depot in about as good condition as when they started, after marching a continuous journey of more than two thousand miles, if the trips to the coast from the depot be included. The loss of animals from deaths, straying, thefts, and otherwise, from the rendezvous to El Paso and back, was two and a fraction to each hundred. No Indians were ever met on the route, though the guard at night on two occasions fired on what were supposed to be Indians. Often they hovered near our camp, making signal fires on the mountains.

In regard to the country through which the route lies, you were furnished with a description in a former communication. Of course all the peculiar characteristics that it has obtained from the formations remain the same; but every feature of productiveness and beauty, derived from the seasons in their annual course, is sensibly changed, and to the eye it presents but little that is attractive, owing to the drought. From the Nueces to the mountains, which divide the waters that flow into the Pacific from those that flow into the Atlantic, the whole country appears altered. But little rain has fallen for near two years, and hills that before were clothed in verdure now are bare. Valleys that seemed to vie in fertility with the most favored appear sterile; and plains where two years ago the tall grass waved like fields of wheat now are rocky and barren. Parasitical plants hang leafless to the trees, and the mistletoe has ceased to put forth its buds. Where the prairie had been swept over by the fires of the previous summer the surface of the earth was still black and covered with ashes, and nothing green showed that the spring season had passed. The vegetation of the previous years had become so dried and withered by the scorching rays of the sun that it appeared cineritious, crumbling into ashes or dust when pressed in the hand or trodden on by animals. The little lakes that once bordered the streams were dried up, and the streams themselves had often ceased to flow. Even the prairie dogs had forsaken the central part of their town, from starvation, and inhabited the suburbs bordering on the vegetation that widely encircles them, remote from their former homes. It seemed as if Providence had withdrawn his protecting care and left the country to itself. I never before had such a negative proof of the fertilizing properties of rain and dews. The general aspect of that vast extent of country west of the Nueces is thus changed from what it was two years since, when it was an untrodden wilderness unknown to the white man. A general drought has prevailed, and it was only occasionally that green grass was found where a shower had passed in the spring. Notwithstanding the tide of immigration settling into the country, the acknowledged enterprise of our people, the rapid subjugation of the wild lands to useful purposes by the settlers, and the utmost protection that may be given to the advance of all our settlements—yet such are the few attractions that most of that region of country, on the route west of the intersection of the table-lands with the Rio Grande, Northern Mexico, or perchance to the Pacific Coast, it will be a long time before it can attract the attention of agriculturists, or even become a pastoral country to any great extent. The establishment of a mail route from San Antonio to El Paso may cause a small post to be established at Live Oak Creek or Howard's Springs, but, generally speaking, the San Felipe limits the fertile portions of Texas (south of the great plain) in a westerly direction.

I have endeavored to collect some information in regard to the Indians, as required by your orders, and from having been on duty in Texas principally, since 1848, during which time I have traveled over a considerable portion of the country they frequent (in the south and west as far as New Mexico), some conclusions I have arrived at may differ from the generally received opinions in regard to them.

Their numbers appear to have been considerably overestimated, if the report of men who have been among them can be relied on, and the information gained by Lieut. Col. Hardee in his late expedition to their country be correct. It is believed that the entire number, including all ages and the different sexes, of all the tribes that frequent the border settlements of Texas, in the Eighth Military Department, does not exceed four thousand.

The respective numbers of the different bands may be set down (by their own computation principally) about as follows: Delawares, 63; Shawnees, 70; Tonkaways, 300; Quapas, 200; Caddoes, 160; Anadoces, 200; Iones, 113; Keechies, 48; Tawacanoes, 140; Wacoes, 114; Lepans, 350; Lower Comanches, 700; and the Northern Comanches at 1,500. These tribes roam over the country watered by the Red, Trinity, Brazos, Colorado, Nueces, and San Pedro rivers and their tributaries near their sources. The Northern Comanches have the most extensive range for the pursuit of the buffalo to the north of the Canadian. They traverse the entire country to the south, and by their ancient warpaths cross the Pecos, continue to the Rio Grande, enter Mexico, and carry their depredations far into the interior of that distracted country. The southern band of Comanches, and all the other tribes enumerated, are found frequently associated together, and on the northern portions of the line near their home visit those posts in seeming friendship.

That barren, dreary, and desolate region immediately west of the Pecos has not sufficient claims to be in possession of any Indians. The Northern Comanches pass over a portion of it as they wander alternately from the north to the south, and the different bands into which the Apaches are divided approach its borders from the north and west.

The Apaches are divided into numerous bands, and, united with other tribes in New Mexico, have been variously estimated at from fifteen to thirty thousand, the former being perhaps nearer the truth.

The condition of all these Indians, except some few of the Delawares, is truly lamentable. Denied the possession of lands and a home, despising industry, and regarding labor as degrading, no provision is made for subsistence by the cultivation of the soil; but, depending entirely upon the flesh of the horse, the mule, the uncertainty of the chase, and the few wild products of the country, they wander about exposed to all the vicissitudes and every ill of life that can arise from disease, extreme exposure to cold, nakedness, and hunger bordering on starvation, leading an existence more filthy than swine, and as precarious and uncertain as the wolf; and this life is rendered, if it be possible, even yet more intolerable by the almost entire absence of laws respecting property and the rights of the individual. Their views of property tend toward socialism, without that restraint by which the strong are prevented from plundering the weak, and but few injuries have legal redress. However strongly their condition would seem to appeal to philanthropy for relief, much sympathy is lost in the remembrance that their code of morals inculcates many of our vices as their cardinal virtues, and regards our virtues as so many vices or traits of weakness, while their atrocious barbarities shock every sensibility of nature and humanity. The experience of the Jesuit fathers, other Christian missionaries, and learned professors would almost incline us to believe that the Indian is endowed with certain instincts, as they might be called, that are inherent in his nature, and not always directing him to good, which neither separation from his people, education from infancy, the attainments of academies, attractions of wealth, the refinements of society, nor the doctrines and precepts of Christianity can destroy; and, after all, he stands in nature an Indian still. Be this as it may, of one thing we are certain, they are thrown on our borders and violate our laws, and it becomes a question how best to control them, and what policy to pursue in our relations with them. They are now being encroached upon by settlements on the frontier that will soon encompass them on many sides. We are circumscribing their bounds, limiting their hunting expeditions, and destroying their game. And there is no checking these encroachments, for the State of Texas claims possession of all the domain within her boundaries, and no act of the agents of the Federal government can at present cede them a portion of her territory, or military force restrain the lawless traders established in the Indian country. Treaties may be effected with them, but they cannot stipulate to restrain citizens from settling on their hunting grounds, nor grant them many immunities. It is, under the present condition of affairs, vain to suppose that the most skillful combinations for military operations can check a famished, wild, and degraded people from committing depredations on the lonely roads and extended prairies, for the purpose of clothing their naked women and children and to satisfy the calls of hunger; and more especially so when these very acts are not regarded as wrong, and are the only steps by which the untutored brave gains distinction or renown among his people and receives the awards due to valor. Theft with them is no crime, but only a legitimate profession. In all civilized communities ambition is satisfied in pursuing innumerable channels of a civil nature. The Indian has but two, war and the chase, and they are now no longer pleasures, but made a burden by the stern necessities of providing subsistence.

How to control these nomadic tribes various plans have been suggested, but all calling for legislative action, and I feel a reluctance in alluding to them. But I know of none more humane in the end than to teach them the power of our government, then grant them a territory, dismount them as far as necessary, feed and clothe them to a sufficient extent to make them dependent on our agents, elevate the character of their war and council chiefs in the estimation of their respective tribes by treating them with some distinction and consideration, whereby their influence over the bands will become greater, and they will become instrumental in carrying out our wishes. Encourage the cultivation of the soil, and establish a few plain, salutary laws for their government and for regulating the intercourse of the whites with them, and have them enforced by the aid of the military; and then, perhaps ere long, tranquillity may be known on the frontier where for so many years partial war has been waged. A similar policy might be urged from other considerations, especially to prevent the immense amount of claims constantly growing out of what are alleged to be Indian depredations, and the expense of maintaining so large a force remote from points where the supplies are drawn.

Were the State of Texas to grant the Indians within her borders a definite territory, ceding the jurisdiction thereof to the United States, so that the proper laws regulating the intercourse of the whites with them could be established and enforced, and were they but partially clothed and fed, the State would have peace on the frontier, immigration to her shores would increase, the immense resources of the country would be developed, and prosperity, spreading happiness among her people, would spring up over her entire dominions.

The service upon which I have been engaged has induced me to urge upon your consideration the propriety of recommending to the honorable Secretary of War the necessity for, and the advantages that would be derived from, a legislative enactment whereby a limited number of employees could be enlisted in the service of the department for a term of years, subject to such rules and regulations as in such cases may be established by proper authority.

When passing through Galveston I had the pleasure to examine the establishment of Mr. G. Borden for the manufacture of meat biscuit. Two cans, in a crushed state, containing five pounds each, were purchased, and on our journey to El Paso and back it was almost constantly used; and, in connection with vegetables, was found an excellent article. We had no such object in view as to test the usefulness to any extent, but from its convenience and palatable qualities it naturally came into daily use. I gave away one can of it, which served a party of four persons, who came from New Mexico to San Antonio without pack animals, as a reliable dependence for food on a journey of about six hundred miles to the nearest settlements. They made it a substitute for animal food excepting when they chanced to meet game, and spoke of it in commendable terms. In forming a part of the ration it would commend itself, economically, in a degree somewhat proportionate to the diminution it would make in the weight of the ration; but the military advantages it would afford, where land transportation is difficult, and certain results are to be obtained, cannot be so well calculated. In many points of view it commends itself so favorably, as a component part of the ration for particular service, that it is worthy of more than a single trial.

During the months of March and April the teams were employed in bringing up the supplies for the troops in the Eighth Military Department, and were sent on any other duty that the service required, and were not confined exclusively to transporting the stores destined for the troops in New Mexico. The provisions for the escort were conveyed from San Antonio; and from the forage that I received were fed the animals belonging to the officers' teams, and some was issued to the train of the Boundary Commission in the service of Col. Graham. These and other circumstances connected with the general duties of the service have rendered it impossible for me to present you with more than an approximate estimate of the cost per pound for transportation to El Paso. I have embraced in the calculation the cost of freight of the provisions for the escort; the transportation of the rations for the employees of the department, and the value thereof; the compensation for service of all persons connected with the train; the loss of animals; incidental expenses, etc.; and find the cost per pound, from the Gulf to El Paso, to be about nineteen cents. This will not exceed the expenses per pound under the contract for the previous year, but it exceeds that now paid citizens who own small trains and are carrying, to a limited amount, by four cents per pound. To the government the forage for the animals has been a heavy item of expenditure, and although I allowed only a third of the rations of corn, without long forage, yet it has, owing to the exorbitant price it commands, amounted to over two-fifths of the entire expense of the expedition.

When the grazing is good small trains of twenty or thirty wagons may avoid the use of grain almost entirely by traveling more slowly and stopping oftener to graze; and if the department will thus risk supplies without escorts of any kind, it may, to some extent, diminish expense, but it will be attended with more uncertainty.

It may be gratifying to you to learn that during the time we were absent on the journey, with the exceptions I have mentioned, nothing of note occurred. The trains were always ready to move at the hours designated, and would come into camp without any of those vexatious delays caused by animals "giving out" from fatigue, or the breaking of wagons, or other accidents generally attendant on such expeditions.

Respectfully your obedient servant,

S. G. French.
Captain and Assistant Quartermaster.

Maj. Gen. Thomas A. Jesup, Quartermaster General, U. S. A., Washington, D. C.

Members of the Convention.

From Massachusetts: George Cabot, William Prescott, Harrison Gray Otis, Timothy Biglow, Nathaniel Dane, George Bliss, Joshua Thomas, Hodijah Bayliss, Daniel Waldo, Joseph Lyman, Samuel W. Wilde, and Stephen Longfellow.

From Connecticut: Chauncey Goodrich, James Hillhouse, John Treadwell, Zepheniah Swift, Nathaniel Smith, Calvin Goddard, and Roger M. Sherman.

From New Hampshire: Benjamin West and Miles Olcott.

From Rhode Island: Daniel Lyman, Benjamin Hazard, and Edward Manton.

George Cabot was chosen President of the Convention.

Convention assembled December 15, 1814, and prepared rules and orders. 1. Meetings to be opened each morning with prayer.... 2. The most inviolable secrecy shall be observed by each member of the Convention, including doorkeeper, etc....

December 16, 1814, committee met, ... opened with prayer.... Committee reported the following to be proper subjects for the consideration of the Convention:

The powers claimed by the Executive of the United States to determine conclusively in respect to calling out the militia of the States into the service of the United States, and dividing the United States into military districts with an officer of the army in each thereof, with discretionary authority from the Executive of the United States to call for the militia to be under the command of such officer.... The refusal of the Executive of the United States to supply or pay the militia of certain States when called out in their defense.... The failure of the Government of the United States to provide for the common defense, ... leaving the separate States to defend themselves, etc.

December 17, 1814, met and opened with prayer, ... and adjourned.

Monday, 19th, met as usual. (Proceedings of no importance.)

Tuesday, December 20, and 21st, 22d, and 23d as well, opened with usual prayers and adjournments.

Saturday, December 24, 1814, opened with prayer by Rev. Dr. Jenkins.... The committee appointed to prepare and report the measures as it may be proper for this Convention to adopt respectfully report:

Article 1. Complains about the unconstitutional attempts of the Executive Government of the United States to infringe upon the rights of the individual States in regard to the militia.... Recommends the adoption of decisive measures to protect the States from usurpations, etc.

Article 2. Recommends the States to make provision for mutual defense by retaining a portion of the taxes....

Article 3. Recommends certain amendments to the Constitution of the United States as follows:

(1) That the power to declare and make war by the Congress of the United States be restricted.

(2) That it is expedient to attempt to make provision for restraining Congress in the exercise of an unlimited power to make new States, and to admit them into the Union.

(3) That the powers of Congress be restrained in laying embargoes and restrictions on commerce.

(4) That a President shall not be elected from the same State two terms successively.

(5) That the same person shall not be elected President a second time.

(6) That an amendment be proposed respecting slave representation and slave taxation.

On motion it was voted that this Convention be adjourned to Monday afternoon at three o'clock, then to meet at this place.

Monday, December 26, 1814, the Convention met pursuant to adjournment, etc.

On the 26th, 27th, and 28th nothing of importance was done.

On the 29th, after prayers, a proposition was referred to the committee appointed on the 21st inst.:

That the capacity of naturalized citizens to hold offices of trust, honor, or profit ought to be restrained; and that it is expedient to propose an amendment to the Constitution of the United States in relation to that subject.