FIFTH CONGRESS.—SECOND SESSION.

BEGUN AT THE CITY OF PHILADELPHIA, NOVEMBER 13, 1797.

PROCEEDINGS IN THE SENATE.

Monday, November 13, 1797.

The second session of the fifth Congress of the United States commenced this day, at the city of Philadelphia, conformably to law; and the Senate assembled accordingly in their Chamber.

PRESENT:

Samuel Livermore, from New Hampshire. Theodore Foster, from Rhode Island. Uriah Tracy, from Connecticut. Elijah Paine, from Vermont. William Bingham, from Pennsylvania. Humphrey Marshall, from Kentucky. Alexander Martin and Timothy Bloodworth, from North Carolina. Jacob Read, from South Carolina.

The number of members present not being sufficient to constitute a quorum, the Senate adjourned to 11 o'clock to-morrow morning.

Tuesday, November 14.

John Laurance, from the State of New York, and Henry Latimer, from the State of Delaware, severally attended.

The number of members present not being sufficient to constitute a quorum, the Senate adjourned.

Wednesday, November 15.

Benjamin Goodhue, from the State of Massachusetts, attended.

The number of members present not being sufficient to constitute a quorum, the Senate adjourned.

Thursday, November 16.

The Senate assembled, and the number of members present not being sufficient to constitute a quorum, the Senate adjourned.

Friday, November 17.

John Langdon, from the State of New Hampshire, attended.

The number of members present not being sufficient to constitute a quorum, the Senate adjourned.

Saturday, November 18.

No quorum being present, the Senate adjourned.

Monday, November 20.

James Gunn, from the State of Georgia, attended.

No quorum being present, adjourned.

Tuesday, November 21.

Ray Greene, appointed a Senator by the State of Rhode Island, in the place of William Bradford, resigned, produced his credentials.

Richard Stockton, from the State of New Jersey, attended.

No quorum being present, the Senate adjourned.

Wednesday, November 22.

The Vice President being absent, the Senate proceeded to the choice of a President pro tempore, as the constitution provides; and Jacob Read was duly elected.

Joseph Anderson, appointed a Senator by the State of Tennessee, for the remainder of the term which the late Senator William Blount had drawn, and was entitled to have served, produced his credentials; which were read.

Nathaniel Chipman, appointed a Senator by the State of Vermont, in the place of Isaac Tichenor, elected Governor, produced his credentials; which were read.

The credentials of Ray Greene were read.

Andrew Jackson, appointed a Senator by the State of Tennessee, produced his credentials; which were read.

The oath required by law was administered by the President, to Messrs. Anderson, Chipman, Greene, and Jackson, they having severally taken their seats in the Senate.

A message from the House of Representatives informed the Senate, that a quorum of the House is assembled, and ready to proceed to business.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and are ready to proceed to business; and that, in the absence of the Vice-President, they have elected Jacob Read, President of the Senate pro tempore.

Resolved, That each Senator be supplied, during the present session, with copies of three such newspapers, printed in any of the States, as he may choose, provided that the same are furnished at the rate of the usual annual charge for such papers.

A message from the House of Representatives informed the Senate, that the House have appointed a joint committee on their part, together with such committee as the Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them.

Resolved, That the Senate do concur in the appointment of a joint committee, and that Messrs. Bingham and Tracy be the committee on the part of the Senate.

Resolved, That two Chaplains be appointed to Congress for the present session, one by each House, who shall interchange weekly; and that the Right Rev. Bishop White be Chaplain on the part of the Senate.

Mr. Bingham reported, from the joint committee, that they had waited on the President of the United States, and had notified him that a quorum of the two Houses is assembled; and that the President of the United States acquainted the committee that he would meet the two Houses, in the Representatives' Chamber, at 12 o'clock to-morrow.

Thursday, November 23.

A message from the House of Representatives informed the Senate that the House are now ready to meet the Senate in the Chamber of that House, to receive such communications as the President of the United States shall please to make them.

The Senate then repaired to the Chamber of the House of Representatives for the purpose above expressed.

The Senate returned to their own Chamber, and a copy of the Speech of the President of the United States, this day addressed to both Houses of Congress, was read:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

I was for some time apprehensive that it would be necessary, on account of the contagious sickness which afflicted the city of Philadelphia, to convene the National Legislature at some other place. This measure it was desirable to avoid, because it would occasion much public inconvenience, and a considerable public expense, and add to the calamities of the inhabitants of this city, whose sufferings must have excited the sympathy of all their fellow-citizens. Therefore, after taking measures to ascertain the state and decline of the sickness, I postponed my determination, having hopes, now happily realized, that, without hazard to the lives or health of the members, Congress might assemble at this place, where it was next by law to meet. I submit, however, to your consideration, whether a power to postpone the meeting of Congress, without passing the time fixed by the constitution, upon such occasions, would not be a useful amendment to the law of one thousand seven hundred and ninety-four.

Although I cannot yet congratulate you on the re-establishment of peace in Europe, and the restoration of security to the persons and properties of our citizens from injustice and violence at sea, we have nevertheless abundant cause of gratitude to the Source of Benevolence and Influence, for interior tranquillity and personal security, for propitious seasons, prosperous agriculture, productive fisheries, and general improvements; and, above all, for a rational spirit of civil and religious liberty, and a calm, but steady determination to support our sovereignty, as well as our moral and religious principles, against all open and secret attacks.

Our Envoys Extraordinary to the French Republic embarked, one in July, the other early in August, to join their colleague in Holland.[24] I have received intelligence of the arrival of both of them in Holland, from whence they all proceeded on their journey to Paris, within a few days of the nineteenth of September. Whatever may be the result of this mission, I trust that nothing will have been omitted on my part, to conduct the negotiation to a successful conclusion, on such equitable terms as may be compatible with the safety, honor, and interests of the United States. Nothing, in the mean time, will contribute so much to the preservation of peace, and the attainment of justice, as a manifestation of that energy and unanimity of which, on many former occasions, the people of the United States have given such memorable proofs, and the exertion of those resources for national defence, which a beneficent Providence has kindly placed within their power.

It may be confidently asserted, that nothing has occurred since the adjournment of Congress, which renders inexpedient those precautionary measures recommended by me to the consideration of the two Houses, at the opening of your late extraordinary session. If that system was then prudent, it is more so now, as increasing depredations strengthen the reasons for its adoption.

Indeed, whatever may be the issue of the negotiation with France, and whether the war in Europe is or is not to continue, I hold it most certain that perfect tranquillity and order will not soon be obtained. The state of society has so long been disturbed; the sense of moral and religious obligations so much weakened; public faith and national honor have been so impaired; respect to treaties has been so diminished, and the law of nations has lost so much of its force; while pride, ambition, avarice, and violence, have been so long unrestrained, there remains no reasonable ground on which to raise an expectation, that a commerce, without protection or defence, will not be plundered.

The commerce of the United States is essential, if not to their existence, at least to their comfort, their growth, prosperity, and happiness. The genius, character, and habits of the people are highly commercial; their cities have been founded, and exist, upon commerce; our agriculture, fisheries, arts, and manufactures, are connected with and depend upon it; in short, commerce has made this country what it is, and it cannot be destroyed or neglected without involving the people in poverty and distress; great numbers are directly and solely supported by navigation—the faith of society is pledged for the preservation of the rights of commercial, and seafaring, no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a neglect of duty, if I forbore to recommend that we should make every exertion to protect our commerce, and to place our country in a suitable posture of defence, as the only sure means of preserving both.

I have entertained an expectation, that it would have been in my power, at the opening of this session, to have communicated to you the agreeable information of the due execution of our treaty with His Catholic Majesty, respecting the withdrawing of his troops from our territory, and the demarkation of the line of limits; but by the latest authentic intelligence, Spanish garrisons were still continued within the limits of our country, and the running of the boundary line had not been commenced. These circumstances are the more to be regretted, as they cannot fail to affect the Indians in a manner injurious to the United States; still, however, indulging the hope that the answers which have been given, will remove the objections offered by the Spanish officers to the immediate execution of the treaty, I have judged it proper that we should continue in readiness to receive the posts, and to run the line of limits. Further information on this subject will be communicated in the course of the session.

In connection with the unpleasant state of things on our western frontier, it is proper for me to mention the attempts of foreign agents to alienate the affections of the Indian nations, and to excite them to actual hostilities against the United States; great activity has been exerted by these persons, who have insinuated themselves among the Indian tribes, residing within the territory of the United States, to influence them, to transfer their affections and force to a foreign nation, to form them into a confederacy, and prepare them for war, against the United States.

Although measures have been taken to counteract these infractions of our rights, to prevent Indian hostilities, and to preserve their attachment to the United States, it is my duty to observe, that, to give a better effect to these measures, and to obviate the consequences of a repetition of such practices, a law, providing adequate punishment for such offences, may be necessary.

The Commissioners appointed under the fifth article of the Treaty of Amity, Commerce, and Navigation, between the United States and Great Britain, to ascertain the river, which was truly intended, under the name of the St. Croix, mentioned in the Treaty of Peace, met at Passamaquoddy Bay in October, 1796, and viewed the mouths of the rivers in question, and the adjacent shores and islands; and being of opinion, that actual surveys of both rivers to their sources, were necessary, gave the agents of the two nations instructions for that purpose, and adjourned to meet at Boston in August; they met; but the surveys, requiring more time than had been supposed, and not being then completed, the Commissioners again adjourned to meet at Providence, in the State of Rhode Island, in June next, when we may expect a final examination and decision.

The Commissioners appointed in pursuance of the sixth article of the treaty, met at Philadelphia in May last, to examine the claims of British subjects, for debts contracted before the peace, and still remaining due to them, from citizens or inhabitants of the United States. Various causes have hitherto prevented any determinations; but the business is now resumed, and doubtless will be prosecuted without interruption.

Several decisions on the claims of the citizens of the United States, for losses, and damages, sustained by reason of irregular and illegal captures, or condemnations, of their vessels or other property, have been made by the Commissioners in London, conformably to the seventh article of the treaty; the sums awarded by the Commissioners have been paid by the British Government; a considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid.

The Commissioners appointed agreeably to the 21st article of our Treaty with Spain, met at Philadelphia in the summer past, to examine and decide on the claims of our citizens for losses they have sustained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty, during the late war between Spain and France; their sittings have been interrupted, but are now resumed.

The United States being obligated to make compensation for the losses and damages sustained by British subjects, upon the award of the Commissioners acting under the sixth article of the Treaty with Great Britain, and for the losses and damages sustained by British subjects, by reason of the capture of their vessels and merchandise, taken within the limits and jurisdiction of the United States, and brought into their ports, or taken by vessels originally armed in ports of the United States, upon the awards of the Commissioners acting under the seventh article of the same treaty, it is necessary that provision be made for fulfilling these obligations.

The numerous captures of American vessels by cruisers of the French Republic, and of some by those of Spain, have occasioned considerable expenses, in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose have, in divers instances, been disbursed by the Consuls of the United States; by means of the same captures, great numbers of our seamen have been thrown ashore in foreign countries, destitute of all means of subsistence, and the sick, in particular, have been exposed to grievous suffering.

The Consuls have, in these cases also, advanced moneys for their relief; for these advances they reasonably expect reimbursements from the United States. The Consular act relative to seamen requires revision and amendment; the provisions for their support in foreign countries, and for their return, are found to be inadequate, and ineffectual. Another provision seems necessary to be added to the Consular act; some foreign vessels have been discovered sailing under the flag of the United States, and with forged papers. It seldom happens that the Consuls can detect this deception, because they have no authority to demand an inspection of the registers and sea letters.

Gentlemen of the House of Representatives:

It is my duty to recommend to your serious consideration those objects which, by the constitution, are placed particularly within your sphere—the national debt and taxes.

Since the decay of the feudal system, by which the public defence was provided for, chiefly at the expense of individuals, a system of loans has been introduced. And as no nation can raise, within the year, by taxes, sufficient sums for its defence, and military operations in time of war, the sums loaned and debts contracted have necessarily become the subjects of what have been called funding systems. The consequences arising from the continued accumulation of public debts in other countries, ought to admonish us to be careful to prevent their growth in our own. The national defence must be provided for as well as the support of Government; but both should be accomplished, as much as possible, by immediate taxes, and as little as possible by loans. The estimates for the services for the ensuing year will, by my direction, be laid before you.

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

We are met together at a most interesting period; the situations of the principal powers of Europe are singular and portentous: connected with some by treaties and with all by commerce, no important event there can be indifferent to us; such circumstances call with peculiar importunity, not less for a disposition to unite in all those measures on which the honor, safety, and prosperity of our country depend, than for all the exertions of wisdom and firmness.

In all such measures you may rely on my zealous and hearty concurrence.

JOHN ADAMS.

United States, November 23, 1797.

Ordered, That Messrs. Stockton, Laurance, and Livermore, be a committee to report the draft of an Address to the President of the United States, in answer to his Speech, this day, to both Houses of Congress; and that the Speech be printed for the use of the Senate.

Friday, November 24.

A message from the House of Representatives informed the Senate, that the House have agreed to so much of the resolution of the Senate, of the 22d instant, relative to the appointment of Chaplains, as is contained in the words following, to wit:

"Resolved, That two Chaplains be appointed to Congress for the present session, one by each House, who shall interchange weekly."

"The House have proceeded, by ballot, to the appointment of a Chaplain on their part; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of the Rev. Ashbel Green."

Saturday, November 25.

Mr. Stockton, from the committee, reported the draft of an Address to the President of the United States, in answer to his Speech to both Houses of Congress, at the opening of the session; which was read.

On motion, that a number of copies be printed, under an injunction that no more should be struck off than may be necessary for the use of the Senate, it passed in the negative.

Ordered, That the Secretary furnish such Senators as request it, with copies of this report.

Monday, November 27.

Henry Tazewell, from the State of Virginia, attended.

The Senate resumed the consideration of the report of the committee, of the draft of an Address in answer to the Speech of the President of the United States, to both Houses of Congress, at the opening of the session; which, being read in paragraphs, and amended, was adopted, as follows:

To the President of the United States:

Sir: The communications you thought proper to make in your Speech to both Houses of Congress on the opening of their present session, afford additional proofs of the attention, integrity, and firmness, which have always marked your official character.

We cannot but approve of the measures you had taken to ascertain the state and decline of the contagious sickness which has so lately afflicted the city of Philadelphia, and the pleasing circumstance that Congress is now assembled at that place, without hazard to the health of its members, evinces the propriety of your having postponed a determination to convene the National Legislature at another place. We shall take into consideration the law of 1794, on this subject, and will readily concur in any amendment which may be deemed expedient.

It would have given us much pleasure to have received your congratulations on the re-establishment of peace in Europe, and the restoration of security to the persons and property of our citizens from injustice and violence at sea. But, though these events, so desirable to our country and the world, have not taken place, yet we have abundant cause of gratitude to the Great Disposer of human events for interior tranquillity and personal security, for propitious seasons, prosperous agriculture, productive fisheries, and general improvement; and, above all, for a rational spirit of civil and religious liberty, and a calm, but steady determination to support our sovereignty against all open and secret attacks.

We learn, with satisfaction, that our Envoys Extraordinary to the French Republic had safely arrived in Europe, and were proceeding to the scene of negotiation; and, whatever may be the result of the mission, we are perfectly satisfied that nothing on your part has been omitted, which could, in any way, conduce to a successful conclusion of the negotiation, upon terms compatible with the safety, honor, and interest, of the United States; and we are fully convinced that, in the mean time, a manifestation of that unanimity and energy of which the people of the United States have given such memorable proofs, and a proper exertion of those resources of national defence, which we possess, will essentially contribute to the preservation of peace and the attainment of justice.

We think, sir, with you, that the commerce of the United States is essential to the growth, comfort, and prosperity of our country; and that the faith of society is pledged for the preservation of the rights of commercial and seafaring, no less than of other citizens. And even if our negotiation with France should terminate favorably, and the war in Europe cease, yet the state of society, which unhappily prevails in so great a portion of the world, and the experience of past times, under better circumstances, unite in warning us that a commerce so extensive, and which holds out so many temptations to lawless plunderers, can never be safe without protection; and we hold ourselves obliged, by every tie of duty which binds us to our constituents, to promote and concur in such measures of marine defence, as may convince our merchants and seamen that their rights are not sacrificed, nor their injuries forgotten.

We regret, that, notwithstanding the clear and explicit terms of the treaty between the United States and His Catholic Majesty, the Spanish garrisons are not yet withdrawn from our territory, nor the running of the boundary line commenced. The United States have been faithful in the performance of their obligations to Spain, and had reason to expect a compliance equally prompt on the part of that power. We still, however, indulge the hope that the convincing answers, which have been given to the objections stated by the Spanish officers, to the immediate execution of the treaty, will have their proper effect; and that this treaty, so mutually beneficial to the contracting parties, will be finally observed with good faith. We therefore entirely approve of your determination to continue in readiness to receive the posts, and to run the line of partition between our territory and that of the King of Spain.

Attempts to alienate the affections of the Indians; to form them into a confederacy, and to excite them to actual hostility against the United States, whether made by foreign agents, or by others, are so injurious to our citizens at large, and so inhuman with respect to our citizens inhabiting the adjacent territory, as to deserve the most exemplary punishment; and we will cheerfully afford our aid in framing a law, which may prescribe a punishment adequate to the commission of crimes so heinous.

The several objects you have pointed out to the attention of the Legislature, whether they regard our internal or external relations, shall receive from us that consideration which they merit; and we will readily concur in all such measures as may be necessary, either to enable us to fulfil our engagements at home, or to cause ourselves to be respected abroad. And, at this portentous period, when the powers of Europe, with whom we are connected by treaty or commerce, are in so critical a situation, and when the conduct of some of those powers towards the United States is so hostile and menacing, the several branches of the Government are, in our opinion, called upon, with peculiar importunity, to unite, and, by union, not only to devise and carry those measures on which the safety and prosperity of our country depend, but also to undeceive those nations who, regarding us as a weak and divided people, have pursued systems of aggression inconsistent with a state of peace between independent nations. And, sir we beg leave to assure you, that we derive a singular consolation from the reflection that, at such a time, the Executive part of our Government has been committed to your hands, for, in your integrity, talents, and firmness, we place the most entire confidence.

JACOB READ, President of the Senate pro tempore.

Ordered, That the committee who prepared the Address wait on the President of the United States and desire him to acquaint the Senate at what time and place it will be most convenient for him that it should be presented.

On motion, Ordered, That Messrs. Tracy, Bingham, and Greene, be a committee, to inquire what business remained unfinished at the close of the last session of Congress, which, in their opinion, is proper for the Senate to take into consideration the present session, and, also, what laws will expire before the next session of Congress, and report thereon to the Senate.

Tuesday, November 28.

Mr. Stockton reported, from the committee, that they had waited on the President of the United States, and that he would receive the Address of the Senate this day at 12 o'clock, at his own house.

The Senate accordingly waited on the President of the United States, and the President pro tempore, in their name, presented the Address agreed to yesterday.

To which the President made the following Reply:

Gentlemen of the Senate:

I thank you for this Address.

When, after the most laborious investigation, and serious reflection, without partial considerations, or personal motives, measures have been adopted or recommended, I can receive no higher testimony of their rectitude, than the approbation of an assembly, so independent, patriotic, and enlightened, as the Senate of the United States.

Nothing has afforded me more entire satisfaction, than the coincidence of your judgment with mine, in the opinion of the essential importance of our commerce, and the absolute necessity of a maritime defence. What is it, that has drawn to Europe the superfluous riches of the three other quarters of the globe, but a marine? What is it that has drained the wealth of Europe itself into the coffers of two or three of its principal commercial powers, but a marine?

The world has furnished no example of a flourishing commerce, without a maritime protection; and a moderate knowledge of man and his history will convince any one, that no such prodigy ever can arise. A mercantile marine and a military marine must grow up together; one cannot long exist without the other.

JOHN ADAMS.

United States, November 28, 1797.

The Senate returned to their own Chamber, and adjourned.

Wednesday, November 29.

The President laid before the Senate the memorial and address of the people called Quakers, from their yearly meeting, held in Philadelphia, in the year 1797, requesting the attention of Congress to the oppressed state of the African race, and the general prevalence of vice and immorality; and the same was read and ordered to lie on the table.

Thursday, November 30.

Ordered, That the memorial and address of the people called Quakers, presented yesterday, be withdrawn.

Friday, December 1.

James Hillhouse, from the State of Connecticut, attended.

Monday, December 11.

Theodore Sedgwick, from the State of Massachusetts, attended.

Wednesday, December 13.

Thomas Jefferson, Vice President of the United States and President of the Senate, attended.

Friday, December 22.

John E. Howard, from the State of Maryland, attended.

Thursday, December 28.

John Brown, from the State of Kentucky, attended.

Friday, December 29.

Stephens Thompson Mason, from the State of Virginia, attended.

Monday, January 8, 1798.

James Ross, from the State of Pennsylvania, attended.

Thursday, January 11.

James Lloyd, appointed a Senator by the State of Maryland, in the place of John Henry, elected Governor of said State, produced his credentials; and, the oath required by law being administered, he took his seat in the Senate.

Wednesday, January 17.

The following Message was received from the President of the United States:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

The situation of affairs between the United States and the Cherokee Indians having evinced the expediency of a treaty with that nation, for the promotion of justice to them, as well as of the interests and convenience of our citizens, I have nominated, and, by and with the advice and consent of the Senate, appointed Commissioners to hold conferences, and conclude a treaty, as early as the season of the year and the convenience of the parties will admit.

As we know very well, by experience, such negotiations cannot be carried on without considerable expenses, I recommend to your consideration the propriety of making an appropriation, at this time, for defraying such as may be necessary for holding and concluding a treaty.

That you may form your judgments with greater facility, I shall direct the proper officer to lay before you an estimate of such articles and expenses as may be thought indispensable.

JOHN ADAMS.

United States, January 17, 1798.

Monday, January 22.

Josiah Tattnall, from the State of Georgia, attended.

Friday, February 2.

John Sloss Hobart, appointed a Senator by the State of New York, in the place of Philip Schuyler, resigned, produced his credentials, and, the oath required by law being administered, he took his seat in the Senate.

Monday, February 5.

French Outrage.

The following Message was received from the President of the United States; which was read:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

I have received a letter from his Excellency Charles Pinckney, Esq., Governor of the State of South Carolina, dated the 22d October, 1797, enclosing a number of depositions and witnesses to several captures and outrages committed within and near the limits of the United States, by a French privateer belonging to Cape Francois, or Monte Christo, called the Vertitude or Fortitude, and commanded by a person of the name of Jordan or Jourdain, and particularly upon an English merchant ship named the Oracabissa, which he first plundered and then burned, with the rest of her cargo, of great value, within the territory of the United States, in the harbor of Charleston, on the 17th of October last. Copies of which letter and depositions, and also of several other depositions relative to the same subject, received from the Collector of Charleston, are herewith communicated.

Whenever the channel of diplomatical communication between the United States and France shall be opened, I shall demand satisfaction for the insult and reparation for the injury.

I have transmitted these papers to Congress, not so much for the purpose of communicating an account of so daring a violation of the territory of the United States, as to show the propriety and necessity of enabling the Executive authority of Government to take measures for protecting the citizens of the United States and such foreigners as have a right to enjoy their peace, and the protection of their laws, within their limits, in that as well as some other harbors which are equally exposed.

JOHN ADAMS.

United States, February 5, 1798.

Ordered, That the Message and papers referred to lie for consideration.

Monday, February 19.

Joshua Clayton, appointed a Senator by the Legislature of the State of Delaware, in the place of John Vining, resigned, produced his credentials, which were read, and, the oath required by law being administered, he took his seat in the Senate.

Monday, March 5.

Affairs with France.

The following Message was received from the President of the United States:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

The first despatches from our Envoys Extraordinary, since their arrival at Paris, were received at the Secretary of State's office at a late hour the last evening. They are all in a character which will require some days to be deciphered, except the last, which is dated the 8th of January, 1798. The contents of this letter are of so much importance to be immediately made known to Congress and to the public, especially to the mercantile part of our fellow-citizens, that I have thought it my duty to communicate them to both Houses without loss of time.

JOHN ADAMS.

United States, March 5, 1798.

The Message and paper therein referred to were read, and ordered to lie for consideration.

Monday, March 19.

The following Message was received from the President of the United States:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

The despatches from the Envoys Extraordinary of the United States to the French Republic, which were mentioned in my Message to both Houses of Congress, of the fifth instant, have been examined and maturely considered.

While I feel a satisfaction in informing you that their exertions, for the adjustment of the differences between the two nations, have been sincere and unremitted, it is incumbent on me to declare, that I perceive no ground of expectation that the objects of their mission can be accomplished, on terms compatible with the safety, the honor, or the essential interests of the nation.

This result cannot, with justice, be attributed to any want of moderation on the part of this Government, or to any indisposition to forego secondary interests, for the preservation of peace. Knowing it to be my duty, and believing it to be your wish, as well as that of the great body of the people, to avoid, by all reasonable concessions, any participation in the contentions of Europe, the powers vested in our Envoys were commensurate with a liberal and pacific policy, and that high confidence which might justly be reposed in the abilities, patriotism, and integrity, of the characters to whom the negotiation was committed. After a careful review of the whole subject, with the aid of all the information I have received, I can discern nothing which could have insured or contributed to success, that has been omitted on my part, and nothing further which can be attempted, consistently with maxims for which our country has contended at every hazard, and which constitute the basis of our national sovereignty.

Under these circumstances, I cannot forbear to reiterate the recommendations which have been formerly made, and to exhort you to adopt, with promptitude, decision, and unanimity, such measures as the ample resources of the country afford, for the protection of our seafaring and commercial citizens; for the defence of any exposed portions of our territory; for replenishing our arsenals, establishing foundries and military manufactures; and to provide such efficient revenue, as will be necessary to defray extraordinary expenses, and supply the deficiencies which may be occasioned by depredations on our commerce.

The present state of things is so essentially different from that in which instructions were given to the collectors to restrain vessels of the United States from sailing in an armed condition, that the principle on which those orders were issued has ceased to exist. I therefore deem it proper to inform Congress, that I no longer conceive myself justifiable in continuing them, unless in particular cases, where there may be reasonable ground of suspicion that such vessels are intended to be employed contrary to law.

In all your proceedings, it will be important to manifest a zeal, a vigor, and concert, in defence of the national rights, proportioned to the danger with which they are threatened.

JOHN ADAMS.

United States, March 19, 1798.

The Message was read and referred to the committee appointed on the 29th November last, who have under consideration that part of the Speech of the President of the United States, at the commencement of the session, which relates to the protection of commerce, to consider and report thereon to the Senate.

Tuesday, April 3.

The following Message was received from the President of the United States:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

In compliance with the request of the House of Representatives, expressed in their resolution of the second of this month, I transmit to both Houses those instructions to, and despatches from, the Envoys Extraordinary of the United States to the French Republic, which were mentioned in my Message of the nineteenth of March last, omitting only some names, and a few expressions descriptive of the persons.

I request that they may be considered in confidence, until the members of Congress are fully possessed of their contents and shall have had opportunity to deliberate on the consequences of their publication; after which time I submit them to your wisdom.

JOHN ADAMS.

United States, April 3, 1798.

The galleries being cleared, the Message and documents were read.

Ordered, That they lie for consideration.

Monday, April 16.

The Vice President communicated a letter from John Sloss Hobart, resigning his seat in the Senate, in consequence of his appointment to be Judge of the New York district; which letter was read.

Ordered, That the Vice President be requested to notify the Executive of the State of New York that John Sloss Hobart hath accepted the appointment of Judge of the New York district, and that his seat in the Senate is of course vacated.

Tuesday, April 17.

The bill authorizing the President of the United States to raise a provisional army was read the second time.

Wednesday, May 2.

The Senate resumed the consideration of the report of the committee authorizing Thomas Pinckney, late Envoy Extraordinary to the King of Spain, and Minister Plenipotentiary to the King of Great Britain, to receive the customary presents to foreign Ministers at those courts.

On the question to agree to the first resolution reported, to wit:

"Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress doth consent that Thomas Pinckney, Esq., who, as Envoy Extraordinary of the United States, negotiated the Treaty of Friendship, Limits, and Navigation between the United States and the King of Spain, may receive from the said King such present as it is customary for His Catholic Majesty to make to such persons as negotiate treaties with him:"

It passed in the affirmative—yeas 17, nays 5, as follows:

Yeas.—Messrs. Anderson, Bingham, Bloodworth, Clayton, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Laurance, Livermore, Martin, Read, Sedgwick, Stockton, and Tracy.

Nays.—Messrs. Brown, Langdon, Marshall, Mason, and Tazewell.

And the other resolution reported was agreed to, in the words following:

And be it further resolved, That Congress doth consent that the said Thomas Pinckney, Esq., lately Minister Plenipotentiary from the United States to the King of Great Britain, may receive from the said King such present as it is customary for His Britannic Majesty to make to Ministers Plenipotentiary on taking leave of him.

Thursday, June 21.

Affairs with France.

The following Message was received from the President of the United States:

Gentlemen of the Senate, and Gentlemen of the House of Representatives:

While I congratulate you on the arrival of General Marshall, one of our late Envoys Extraordinary to the French Republic, at a place of safety, where he is justly held in honor, I think it my duty to communicate to you a letter received by him from Mr. Gerry, the only one of the three who has not received his congé. This letter, together with another, from the Minister of Foreign Relations to him, of the third of April, and his answer of the fourth, will show the situation in which he remains; his intentions and prospects.

I presume that, before this time, he has received fresh instructions, (a copy of which accompanies this message,) to consent to no loans, and therefore the negotiation may be considered at an end.

I will never send another Minister to France without assurances that he will be received, respected, and honored, as the representative of a great, free, powerful, and independent nation.

JOHN ADAMS.

United States, June 21, 1798.

The Message and documents were read.

Resolved, That five hundred copies thereof be printed for the use of the Senate.

Monday, June 25.

The bill to declare the treaties between the United States and the Republic of France void and of no effect, was read the third time; and the final passage of the bill was determined in the affirmative—yeas 14, nays 5, as follows:

Yeas.—Messrs. Bingham, Chipman, Foster, Goodhue, Hillhouse, Howard, Laurance, Livermore, Lloyd, North, Paine, Read, Sedgwick, and Tracy.

Nays.—Messrs. Brown, Langdon, Martin, Mason, and Tazewell.

Resolved, That this bill pass: that it be engrossed; and that the title thereof be, "An act to declare the treaties between the United States and the Republic of France void and of no effect."

Wednesday, June 27.

The Vice President being absent, the Senate proceeded to the choice of a President pro tempore, as the constitution provides, and Theodore Sedgwick was duly elected.

The bill to define more particularly the crime of treason, and to define and punish the crime of sedition, was read the second time.

On motion that this bill be committed, it passed in the affirmative—yeas 15, nays 6, as follows:

Yeas.—Messrs. Bingham, Chipman, Foster, Goodhue, Hillhouse, Howard, Latimer, Laurance, Lloyd, North, Paine, Read, Sedgwick, Stockton, and Tracy.

Nays.—Messrs. Anderson, Brown, Langdon, Livermore, Martin, and Mason.

Ordered, That this bill be referred to Messrs. Lloyd, Tracy, Stockton, Chipman, and Read, to consider and report thereon to the Senate.

Friday, June 29.

The bill to authorize the President to prevent and regulate the landing of French passengers, and other persons who may arrive within the United States from foreign places, was read the third time.

On motion, to amend the proviso to the fourth section to read as follows:

"Provided, That nothing in this act shall be construed to prohibit the migration or importation of such persons as any State may think proper by law to admit, nor to such persons whose admission may be prohibited by the respective States:"

It was determined in the negative—yeas 3, nays 17, as follows:

Yeas.—Messrs. Anderson, Mason, and Tazewell.

Nays.—Messrs. Bingham, Foster, Goodhue, Hillhouse, Howard, Langdon, Latimer, Laurance, Livermore, Lloyd, Martin, North, Paine, Read, Sedgwick, Stockton, and Tracy.

On motion by Mr. Mason, to strike out these words from the preamble:

"The peculiar circumstances of the United States, in relation to the Republic of France, and the citizens thereof, require that, whilst the United States have afforded hospitality and protection to Frenchmen who have sought an asylum in this country, they should, on the other hand, guard against the arrival and admission of such evil-disposed persons as by their machinations, may endanger the internal safety and tranquillity of the country;" in order to insert the following words: "It is represented that, on the evacuation of Port au Prince by the British troops, a number of French white men and negroes were put on board of vessels bound to the United States, some of which have arrived, and others may be shortly expected, and it is deemed dangerous to admit indiscriminately such persons into the United States:"

It was agreed to divide the motion, and that the words should be struck out; and, on the question to agree to the substitute, it was determined in the negative—yeas 10, nays 10, as follows:

Yeas.—Messrs. Anderson, Bingham, Langdon, Laurance, Livermore, Martin, Mason, North, Read, and Tazewell.

Nays.—Messrs. Foster, Goodhue, Hillhouse, Howard, Latimer, Lloyd, Paine, Sedgwick, Stockton, and Tracy.

So the amendment was lost.

And the bill being further amended, by striking out the remainder of the preamble,

Resolved, That the consideration of this bill be postponed until to-morrow.

Saturday, June 30.

The Senate resumed the third reading of the bill to authorize the President to prevent or regulate the landing of French passengers, and other persons who may arrive within the ports of the United States from foreign places.

On motion, by Mr. Martin, one of the majority in favor of the exception yesterday agreed to, namely, "except children under the age of twelve years, and women, in cases especially authorized by the President," and that it be reconsidered, it was determined in the negative—yeas 6, nays 15, as follows:

Yeas.—Messrs. Hillhouse, Howard, Lloyd, Martin, and Read.

Nays.—Messrs. Bingham, Brown, Chipman, Foster, Goodhue, Langdon, Latimer, Laurance, Livermore, North, Paine, Sedgwick, Stockton, Tazewell, and Tracy.

Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act to authorize the President to prevent or regulate the landing of French passengers, and other persons, who may arrive within the ports of the United States from foreign places."

The Senate resumed the second reading of the bill, sent from the House of Representatives, entitled "An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves, within the United States."

On motion, by Mr. Paine, to agree to the following amendment to the proviso in the eighth section, "And all uncultivated lands, except such as make part or parcel of a farm; and except wood lots, used or reserved for the purposes of fuel, fencing, lumber, or building:"

It was determined in the negative—yeas 10, nays 11, as follows:

Yeas.—Messrs. Bingham, Brown, Chipman, Goodhue, Latimer, Laurance, Livermore, Paine, Sedgwick, and Stockton.

Nays.—Messrs. Foster, Hillhouse, Howard, Langdon, Lloyd, Martin, Mason, North, Read, Tazewell, and Tracy.

On motion, by one of the majority, to reconsider and restore the following words, struck out from the end of the proviso to the eighth section: "or which, at the time of making the said valuation or enumeration, shall not have been assessed for, nor be then held liable to, taxation under the laws of the State wherein the same is, or may be, situated or possessed, shall be exempted from the aforesaid valuation and enumeration:"

It was determined in the negative—yeas 6, nays 14, as follows:

Yeas.—Messrs. Bingham, Foster, Howard, Latimer, Laurance, and North.

Nays.—Messrs. Brown, Chipman, Goodhue, Hillhouse, Langdon, Livermore, Lloyd, Martin, Mason, Paine, Read, Sedgwick, Tazewell, and Tracy.

On motion, by Mr. Mason, to add the following words to the end of the eighth section: "except such as, from fixed infirmity or bodily disability, may be incapable of labor:"

It was determined in the affirmative—yeas 11, nays 8, as follows:

Yeas.—Messrs. Howard, Langdon, Latimer, Livermore, Lloyd, Martin, Mason, Paine, Read, Sedgwick, and Tazewell.

Nays.—Messrs. Bingham, Brown, Foster, Goodhue, Hillhouse, Laurance, North, and Tracy.

On motion, by Mr. Brown, to strike out of that part of the eighth section which respects the enumeration of slaves these words "above the age of twelve, and under the age of fifty years:"

It was determined in the negative—yeas 10, nays 11, as follows:

Yeas.—Messrs. Bingham, Brown, Chipman, Goodhue, Hillhouse, Latimer, Laurance, Lloyd, North, and Sedgwick.

Nays.—Messrs. Foster, Howard, Langdon, Livermore, Martin, Mason, Paine, Read, Stockton, Tazewell, and Tracy.

The report of the committee having been agreed to, and the bill amended accordingly,

Resolved, That it pass to the third reading as amended.

Monday, July 2.

John Rutherford, from the State of New Jersey, attended.

Tuesday, July 3.

The Senate resumed the consideration of the report of the committee to whom was referred the bill to define more particularly the crime of treason, and to define and punish the crime of sedition; and having agreed to the report, the bill was amended accordingly; and the question to agree to the third reading of the bill, as amended, was determined in the affirmative—yeas 18, nays 5, as follows:

Yeas.—Messrs. Bingham, Chipman, Clayton, Foster, Greene, Hillhouse, Howard, Latimer, Laurance, Livermore, Martin, North, Paine, Read, Rutherford, Sedgwick, Stockton, and Tracy.

Nays.—Messrs. Anderson, Brown, Langdon, Mason, and Tazewell.

Wednesday, July 4.

Treason and Sedition.

Bill to Define.

On motion to expunge the following words from the second section reported as an amendment:

"Or shall, in manner aforesaid, traduce or defame the President of the United States, or any Court or Judge thereof, by declarations, tending to criminate their motives in any official transaction:"

It was determined in the negative—yeas 8, nays 15, as follows:

Yeas.—Messrs. Anderson, Brown, Howard, Langdon, Martin, Mason, North, and Tazewell.

Nays.—Messrs. Chipman, Clayton, Foster, Goodhue, Hillhouse, Latimer, Laurance, Livermore, Lloyd, Paine, Read, Rutherford, Sedgwick, Stockton, and Tracy.

On motion to expunge the whole of the second section reported by the committee, in the words following:

"Sec. 2. And be it further enacted, That if any person shall, by any libellous or scandalous writing, printing, publishing, or speaking, traduce or defame the Legislature of the United States, by seditious or inflammatory declarations or expressions, with intent to create a belief in the citizens thereof, that the said Legislature, in enacting any law, was induced thereto by motives hostile to the constitution, or liberties and happiness of the people thereof; or shall, in manner aforesaid, traduce or defame the President of the United States or any Court or Judge thereof, by declarations tending to criminate their motives, in any official transaction; the person so offending, and thereof convicted, before any court of the United States having jurisdiction thereof, shall be punished by a fine, not exceeding two thousand dollars, and by imprisonment, not exceeding two years:"

It was determined in the negative—yeas 6, nays 18, as follows:

Yeas.—Messrs. Anderson, Brown, Howard, Langdon, Mason, and Tazewell.

Nays.—Messrs. Chipman, Clayton, Foster, Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore, Lloyd, Martin, North, Paine, Read, Rutherford, Sedgwick, Stockton, and Tracy.

The question on the final passage of the bill was determined in the affirmative—yeas 18, nays 6, as follows:

Yeas.—Messrs. Chipman, Clayton, Foster, Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore, Lloyd, Martin, North, Paine, Read, Rutherford, Sedgwick, Stockton, and Tracy.

So it was Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act in addition to the act, entitled 'An act for the punishment of certain crimes against the United States.'"

Wednesday, July 11.

The bill for encouraging the capture of French armed vessels, by armed ships or vessels owned by a citizen or citizens of the United States, was read the third time; and the final passage of the bill was determined in the affirmative—yeas 16, nays 4, as follows:

Yeas.—Messrs. Anderson, Bingham, Chipman, Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore, Martin, North, Paine, Read, Sedgwick, Stockton, and Tracy.

Nays.—Messrs. Brown, Langdon, Mason, and Tazewell.

So it was Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act for encouraging the capture of French armed vessels, by armed ships or vessels owned by a citizen or citizens of the United States."

Thursday, July 12.

The Senate resumed the third reading of the bill, entitled "An act making further appropriations for the additional Naval Armament;" and the question on the final passage of the bill, as amended, was determined in the affirmative—yeas 13, nays 3, as follows:

Yeas.—Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore, Martin, North, Paine, Read, Rutherford, Sedgwick, Stockton, and Tracy.

Nays.—Messrs. Anderson, Mason, and Tazewell.

So it was Resolved, That this bill do pass as amended.

Friday, July 13.

Mr. Read, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act providing for the enumeration of the inhabitants of the United States," reported the bill without amendment.

On motion, by Mr. Livermore, to postpone the further consideration of this bill to the next session of Congress, it was determined in the affirmative—yeas 11, nays 7.

The following Message was received from the President of the United States:

Gentlemen of the Senate:

A resolution of both Houses of Congress, authorizing an adjournment on Monday, the 16th of this month, has been laid before me. Sensible of the severity of the service in so long a session, it is with great reluctance that I find myself obliged to offer any consideration which may operate against the inclination of the members; but certain measures of Executive authority which will require the consideration of the Senate, and which cannot be matured, in all probability, before Monday or Tuesday, oblige me to request of the Senate that they would continue their session until Wednesday or Thursday.

JOHN ADAMS.

United States, July 13, 1798.

The Message was read, and ordered to lie for consideration.

Monday, July 16.

The Senate took into consideration the report of the committee to whom was referred the Message of the President of the United States of the 13th instant, and which is as follows:

"That as, in the opinion of the President, certain measures of Executive authority will acquire the consideration of the Senate, and which could not be matured before Monday or Tuesday, it is the opinion of the committee, that the Senate should adjourn in their Executive capacity to meet to-morrow at the Senate Chamber, at ten o'clock in the forenoon, on Executive business."

And the report was adopted.

A message from the House of Representatives informed the Senate, that the House have appointed a joint committee on their part to wait on the President of the United States, and notify him, that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn; and desire the appointment of a committee on the part of the Senate.

The Senate took into consideration this resolution of the House of Representatives.

Resolved, That they do concur therein, and that Messrs. Chipman and Greene be the committee on the part of the Senate.

Mr. Chipman reported, from the joint committee, that they had waited on the President of the United States, who informed them that he had nothing further to communicate to Congress, except what might result from the last enrolled bill now under his consideration.

Ordered, That the Secretary acquaint the House of Representatives therewith; and that the Senate, having finished the Legislative business before them, are about to adjourn.

A message from the House of Representatives informed the Senate, that the House having finished the business before them, are about to adjourn to the first Monday in December next.

The Senate then went into the consideration of Executive business—after which,

The President declared the Senate, so far as respects its Legislative functions, adjourned to the time by the constitution prescribed; and, in its Executive capacity, until to-morrow morning at ten o'clock.

Tuesday, July 17, 1798.

Agreeably to the adjournment of yesterday, as stated at large in the Legislative proceedings, the Senate assembled.

PRESENT:

Theodore Sedgwick, President pro tempore, from the State of Massachusetts.

Benjamin Goodhue, from Massachusetts.

Nathaniel Chipman, from Vermont.

James Hillary and Uriah Tracy, from Connecticut.

Theodore Foster and Ray Greene, from Rhode Island.

John Laurance and William North, from New York.

John Rutherford, from New Jersey.

William Bingham, from Pennsylvania.

Henry Latimer, from Delaware.

John E. Howard, from Maryland.

Henry Tazewell, from Virginia.

John Brown, from Kentucky.

Joseph Anderson, from Tennessee.

Alexander Martin, from North Carolina.

Jacob Read, from South Carolina.

Ordered, That the following summons, directed to the Senators of the United States, respectively, be entered on the journals:

The President of the United States to ——, Senator for the State of ——.

Certain matters touching the public good, requiring that the session of the Senate, for Executive business, should be continued, and that the members thereof should convene on Tuesday, the 17th day of July, inst., you are desired to attend at the Senate Chamber, in Philadelphia, on that day, at ten o'clock in the forenoon, then and there to receive and deliberate on such communications as shall be made to you on my part.

JOHN ADAMS.

United States, July 16, 1798.

Wednesday, July 18.

The following Message was received from the President of the United States:

Gentlemen of the Senate:

Believing that the letter received this morning from General Washington, will give high satisfaction to the Senate, I transmit them a copy of it, and congratulate them and the public on this great event—the General's acceptance of his appointment as Lieutenant General and Commander-in-Chief of the Army.

JOHN ADAMS.

United States, July 17, 1798.

Mount Vernon, July 13, 1798.

Dear Sir: I had the honor, on the evening of the 11th instant, to receive from the hands of the Secretary of War, your favor of the 7th, announcing that you had, with the advice and consent of the Senate, appointed me Lieutenant General and Commander-in-Chief of all the armies raised or to be raised for the service of the United States.

I cannot express how greatly affected I am at this new proof of public confidence, and the highly flattering manner in which you have been pleased to make the communication; at the same time I must not conceal from you my earnest wish that the choice had fallen upon a man less declined in years, and better qualified to encounter the usual vicissitudes of war.

You know, sir, what calculation I had made relative to the probable course of events on my retiring from office, and the determination I had consoled myself with, of closing the remnant of my days in my present peaceful abode; you will, therefore, be at no loss to conceive and appreciate the sensations I must have experienced to bring my mind to any conclusion that would pledge me, at so late a period of life, to leave scenes I sincerely love, to enter upon the boundless field of public action, incessant trouble, and high responsibility.

It was not possible for me to remain ignorant of, or indifferent to, recent transactions. The conduct of the Directory of France towards our country; their insidious hostility to its Government; their various practices to withdraw the affections of the people from it; the evident tendency of their acts and those of their agents to countenance and invigorate opposition; their disregard of solemn treaties and the laws of nations; their war upon our defenceless commerce; their treatment of our ministers of peace; and their demands, amounting to tribute; could not fail to excite in me corresponding sentiments with those my countrymen have so generally expressed in their affectionate addresses to you. Believe me, sir, no one can more cordially approve of the wise and prudent measures of your Administration. They ought to inspire universal confidence; and will, no doubt, combined with the state of things, call from Congress such laws and means as will enable you to meet the full force and extent of the crisis.

Satisfied, therefore, that you have sincerely wished and endeavored to avert war, and exhausted, to the last drop, the cup of reconciliation, we can with pure hearts appeal to Heaven for the justice of our cause, and may confidently trust the final result to that kind Providence who has heretofore, and so often, signally favored the people of these United States.

Thinking in this manner, and feeling how incumbent it is upon every person, of every description, to contribute at all times to his country's welfare, and especially in a moment like the present, when every thing we hold dear and sacred is so seriously threatened, I have finally determined to accept the commission of Commander-in-Chief of the Armies of the United States; with the reserve only that I shall not be called into the field until the Army is in a situation to require my presence, or it becomes indispensable by the urgency of circumstances.

In making this reservation, I beg it to be understood, that I do not mean to withhold any assistance to arrange and organize the Army, which you may think I can afford. I take the liberty also to mention, that I must decline having my acceptance considered as drawing after it any immediate charge upon the public, or that I can receive any emoluments annexed to the appointment, before entering into a situation to incur expense.

The Secretary of War being anxious to return to the seat of Government, I have detained him no longer than was necessary to a full communication upon the several points he had in charge.

With very great respect and consideration, I have the honor to be, dear sir, your most obedient and humble servant,

G. WASHINGTON.

John Adams, President of the United States.

The Message and letter were read, and five hundred copies thereof ordered to be printed for the use of the Senate.

The following Message was received from the President of the United States:

Gentlemen of the Senate:

I nominate Alexander Hamilton, of New York, to be Inspector General of the Army, with the rank of Major General.

Charles Cotesworth Pinckney, of South Carolina, to be a Major General.

Henry Knox, of Massachusetts, to be a Major General.

Henry Lee, of Virginia, to be a Major General of the Provisional Army.

Edward Hand, of Pennsylvania, to be a Major General of the Provisional Army.

John Brooks, of Massachusetts, to be a Brigadier General.

William Washington, of South Carolina, to be a Brigadier General.

Jonathan Dayton, of New Jersey, to be a Brigadier General.

William Stevens Smith, of New York, to be Adjutant General, with the rank of Brigadier General.

Ebenezer Huntington, of Connecticut, to be a Brigadier General of the Provisional Army.

Anthony Walton White, to be a Brigadier General of the Provisional Army.

William Richardson Davie, of North Carolina, to be a Brigadier General of the Provisional Army.

John Sevier, of Tennessee, to be a Brigadier General of the Provisional Army.

James Craik, of Virginia, to be Physician General of the Army.

JOHN ADAMS.

July 18, 1798.

The Message was read, and ordered to lie for consideration.

The following Message was received from the President of the United States:

Gentlemen of the Senate:

I nominate William Winder, of Maryland, to be Accountant of the Navy.

JOHN ADAMS.

July 18, 1798.

Thursday, July 19.

The Senate took into consideration the Message of the President of the United States, of the 18th instant, and the nomination contained therein, of William Winder, to office. Whereupon,

Resolved, That they do advise and consent to the appointment agreeably to the nomination.

Ordered, That the Secretary lay this resolution before the President of the United States.

The Senate took into consideration the Message of the President of the United States, of the 18th instant, and the nominations contained therein, of Alexander Hamilton, and others, to military appointment. Whereupon,

Resolved, That they do advise and consent to the appointments, agreeably to the nominations, respectively; except to that of William Stevens Smith, of New York, to be Adjutant General, with the rank of Brigadier General, to which they do not advise and consent.

Ordered, That the Secretary lay this resolution before the President of the United States.

Ordered, That Mr. Bingham and Mr. Laurance be a committee to wait on the President of the United States, and notify him, that having finished the Executive business before them, they are ready to adjourn, unless he may have any further matters for their consideration.

Mr. Bingham reported, from the committee last mentioned, that the President of the United States informed them that he had a further communication to make to the Senate.

The following Message was received from the President of the United States:

Gentlemen of the Senate:

I nominate William North, of New York, to be Adjutant General of the Army, with the rank of Brigadier General.

JOHN ADAMS.

United States, July 19, 1798.

The Message was read.

On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the said nomination be now considered. Whereupon,

Resolved, That they do advise and consent to the appointment, agreeably to the nomination.

Ordered, That the Secretary lay this resolution before the President of the United States. Whereupon,

The President adjourned the Senate to the first Monday in December next, to meet in this place.