SIR,
In answer to the note you did me the honour to send this morning, my first impression was that the amendments for each state should be enrolled in the office of the secretary of the Senate, as the resolution commenced in Senate. This impression arose from the proceeding in the first instance, when the enrolments were made in the House of Representatives, where the amendments, commenced. This was at a time when the secretary of Senate and clerk of the House of Representatives were empowered to publish the laws. But, since the establishment Of the department of state, the amendments to the Constitution have been enrolled in the office of that house where they originated. This enrolment, as a bill, hath been sent to the President of the United States, with a joint resolution that he would forward authenticated copies. This was the case in March, 1794, as you will see by the journals of Senate. To confirm this idea, a resolution is on the table of the House of Representatives for the above purpose. If precedent is of avail, it certainly devolves, in the distribution, on the office of state.
Hearing there was some uncertainty, I have, through a friend, transmitted my opinion to the secretary of state.
Very respectfully,
SAMUEL A. OTIS.
FROM GEORGE DAVIS. [1]
Leghorn, December 3, 1803.
A letter to my brother [1] of this date will give you a detail of my pursuits since leaving Malaga until my arrival in Leghorn. I have only to say of Tuscany that two months have passed away in endeavouring to repair the ravages of Italian physicians. My pursuits, though not profitable, have still been flattering to myself. I am at the house of F. C. Degen, who married Miss Russell, of Boston. She is acquainted with you, and often retraces the hours you spent with Mrs. Russell. I may add, that I have been not only a welcome, but most happy guest of this worthy family for six weeks. My hours of relaxation have not been employed in playing the cavallero cervante, but in acquiring the Italian; and, with the assistance of a tolerable tutor, I am making great progress. Pisa and Lucca I have been at twice, and about the 20th of this month I shall visit Florence. From thence I proceed to Rome, Naples, Palermo, and Malta, where I am directed to join the commodore, he having given me furlough for the purposed route.
I refrain speaking of those places all the world have seen. Should my expectations be realized when at Rome, I shall certainly offer you my first essay. Nothing has yet been done in the way of making me rich. The hospital establishment lays over till spring. Commodore Morris offers to leave me as chargé des affaires for Tripoli in the event of peace. If nothing better can be done, I will remain. Eaton has resigned the consulship of Tunis. Who will be appointed? Rufus King is expected daily in Tuscany. He sails early in the spring for the United States.
I ought not to omit mentioning Mrs. Derby, who arrived here a few days since from Florence. I have spent some pleasant hours with her. She is unaffected and untinctured with the licentious manners of Paris and London. We shall meet at Rome. I yesterday dined with Mr. Pinckney, our minister for the court of Spain. He wants, I think, ministerial dignity, whatever may be his talents.