FIFTH CONGRESS.—THIRD SESSION.
Reading edition
BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 3, 1798.
PROCEEDINGS IN THE SENATE.
Monday, December 3, 1798.
The third session of the fifth Congress commenced this day, conformably to the provision of the constitution, and the Senate assembled at the city of Philadelphia, in their Chamber.
PRESENT:
John Langdon and Samuel Livermore, from New Hampshire.
Theodore Foster and Ray Greene, from Rhode Island.
William Bingham, from Pennsylvania.
Humphrey Marshall, from Kentucky.
Jacob Read, from South Carolina.
James Gunn, from Georgia.
Daniel Smith, appointed a Senator by the Executive of the State of Tennessee, in the recess of that Legislature, in place of Andrew Jackson, resigned, took his seat in the Senate.
The members present not being sufficient to form a quorum, the Senate adjourned to 11 o'clock to-morrow morning.
Tuesday, December 4.
Henry Latimer, from the State of Delaware, attended.
The members present not being sufficient to form a quorum, adjourned.
Wednesday, December 5.
Benjamin Goodhue, from the State of Massachusetts; Elijah Paine, and Nathaniel Chipman, from the State of Vermont; John Laurance, from the State of New York; and Timothy Bloodworth, from the State of North Carolina, severally attended.
No quorum being present, the Senate adjourned.
Thursday, December 6.
Richard Stockton, from the State of New Jersey, and Joseph Anderson, from the State of Tennessee, severally attended.
The Vice President being absent, the Senate proceeded to the election of a President pro tempore, as the constitution provides, and John Laurance was chosen.
The credentials of Daniel Smith, appointed Senator by the Executive of the State of Tennessee, in place of Andrew Jackson, resigned, were read, and the oath was, by the President, administered to him, as the law provides.
Ordered, That the Secretary wait on the President of the United States, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the Vice President, they have elected John Laurance, President of the Senate pro tempore.
Ordered, That the Secretary acquaint the House of Representatives, that a quorum of the Senate is assembled, and ready to proceed to business, and that, in the absence of the Vice President, they have elected John Laurance, President of the Senate pro tempore.
A message from the House of Representatives informed the Senate that a quorum of the House is assembled, and that they have appointed a joint committee on their part, together with such committee as the Senate may appoint on theirs, 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.
The Senate took into consideration the message from the House of Representatives, and
Resolved, That they do concur therein, and that Messrs. Read and Paine be of the joint committee on the part of the Senate.
The return of service on the summons to William Blount, made by the Sergeant-at-arms, pursuant, to the resolution of the Senate of the first of March last, was read.
Mr. Read reported, from the joint committee appointed for that purpose, that they had waited on the President of the United States, and had notified him that a quorum of the two Houses of Congress were assembled, and the President of the United States acquainted the committee that he would meet the two Houses on Saturday next at 12 o'clock, in the Chamber of the House of Representatives.
Saturday, December 8.
James Ross, from the State of Pennsylvania, attended.
A message from the House of Representatives informed the Senate that they 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 be pleased to make to them. Whereupon,
The Senate repaired to the Chamber of the House of Representatives, for the purpose above expressed.
The Senate then 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. [For which see proceedings in the House of Representatives.]
Ordered, That Messrs. Stockton, Read, and Ross, 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.
Monday, December 10.
Uriah Tracy, from the State of Connecticut, attended.
Tuesday, December 11.
James Watson, appointed a Senator by the Legislature of the State of New York, in place of John S. Hobart, resigned, produced his credentials, which were read, and the oath was, by the President, administered to him, as the law provides.
The Senate resumed the consideration of the report of the committee on 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 Senate of the United States join you in thanks to Almighty God for the removal of the late afflicting dispensations of his Providence, and for the patriotic spirit and general prosperity of our country. Sympathy for the sufferings of our fellow-citizens from disease, and the important interests of the Union, demand of the National Legislature a ready co-operation with the State Governments, in the use of such means as seem best calculated to prevent the return of this fatal calamity.
Although we have sincerely wished that an adjustment of our differences with the republic of France might be effected on safe and honorable terms, yet the information you have given us of the ultimate failure of the negotiations has not surprised us. In the general conduct of that Republic, we have seen a design of universal influence, incompatible with the self-government, and destructive of the independence of other States. In its conduct towards these United States, we have seen a plan of hostility pursued with unremitted constancy—equally disregarding the obligations of treaties, and the rights of individuals. We have seen two embassies formed for the purpose of mutual explanations, and clothed with the most extensive and liberal powers, dismissed without recognition and even without a hearing. The government of France has not only refused to repeal, but has recently enjoined the observance of its former edict, respecting merchandise of British fabric or produce, the property of neutrals, by which the interruption of our lawful commerce, and the spoliation of the property of our citizens, have again received a public sanction. These facts indicate no change of system or disposition—they speak a more intelligible language than professions of solicitude to avoid a rupture, however ardently made. But if, after the repeated proofs we have given of a sincere desire for peace, these professions should be accompanied by insinuations, implicating the integrity with which it has been pursued—if, neglecting and passing by the constitutional and authorized agents of the Government, they are made through the medium of individuals without public character or authority; and, above all, if they carry with them a claim to prescribe the political qualifications of the Minister of the United States to be employed in the negotiation, they are not entitled to attention or consideration, but ought to be regarded as designed to separate the people from their Government, and to bring about by intrigue that which open force could not effect.
We are of opinion with you, sir, that there has nothing yet been discovered in the conduct of France which can justify a relaxation of the means of defence adopted during the last session of Congress, the happy result of which is so strongly and generally marked. If the force by sea and land which the existing laws authorize should be judged inadequate to the public defence, we will perform the indispensable duty of bringing forward such other acts as will effectually call forth the resources and force of our country.
A steady adherence to this wise and manly policy—a proper direction of the noble spirit of patriotism which has arisen in our country, and which ought to be cherished and invigorated by every branch of the Government, will secure our liberty and independence against all open and secret attacks.
We enter on the business of the present session with an anxious solicitude for the public good, and shall bestow that consideration on the several objects pointed out in your communication, which they respectively merit.
Your long and important services—your talents and firmness, so often displayed in the most trying times and most critical situations—afford a sure pledge of a zealous co-operation in every measure necessary to secure us justice and respect.
JOHN LAURANCE, 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.
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 to-morrow, at 12 o'clock, at his own house. Whereupon,
Resolved, That the Senate will, to-morrow at 12 o'clock, wait on the President of the United States accordingly.
Wednesday, December 12.
Agreeably to the resolution of yesterday, the Senate waited on the President of the United States, and the President of the Senate, in their name, presented the Address then agreed on.
To which the President of the United States made the following reply:
To the Senate of the United States:
Gentlemen: I thank you for this Address, so conformable to the spirit of our constitution, and the established character of the Senate of the United States, for wisdom, honor, and virtue.
I have seen no real evidence of any change of system or disposition in the French Republic towards the United States. Although the officious interference of individuals, without public character or authority, is not entitled to any credit, yet it deserves to be considered, whether that temerity and impertinence of individuals affecting to interfere in public affairs, between France and the United States, whether by their secret correspondence or otherwise, and intended to impose upon the people, and separate them from their Government, ought not to be inquired into and corrected.
I thank you, gentlemen, for your assurances that you will bestow that consideration on the several objects pointed out in my communication, which they respectively merit.
If I have participated in that understanding, sincerity, and constancy, which have been displayed by my fellow-citizens and countrymen, in the most trying times, and critical situations, and fulfilled my duties to them, I am happy. The testimony of the Senate of the United States, in my favor, is a high and honorable reward, which receives, as it merits, my grateful acknowledgments. My zealous co-operation in measures necessary to secure us justice and consideration may be always depended on.
JOHN ADAMS.
December 12, 1798.
The Senate returned to their own Chamber, and proceeded to the consideration of Executive business.
Friday, December 14.
John E. Howard, from the State of Maryland, attended.
Monday, December 17.
Alexander Martin, from the State of North Carolina, and James Hillhouse, from the State of Connecticut, severally attended.
Wednesday, December 19.
Franklin Davenport, appointed a Senator by the Executive of the State of New Jersey, in the recess of the Legislature, in the place of John Rutherford, resigned, produced his credentials; which were read, and, the oath of office being administered to him as the law provides, he took his seat in the Senate.
Wednesday, December 26.
James Lloyd, from the State of Maryland, attended.
Thursday, December 27.
Thomas Jefferson, Vice President of the United States and President of the Senate, attended.
Monday, December 31.
The Vice President laid before the Senate a letter from John Hunter, notifying his resignation of his seat in the Senate.
Monday, January 7, 1799.
John Brown, from the State of Kentucky, and Theodore Sedgwick, from the State of Massachusetts, severally attended.
Tuesday, January 8.
Stephens T. Mason, from the State of Virginia, attended.
Monday, January 21.
Henry Tazewell, from the State of Virginia, attended.
Thursday, January 24.
The Senate being informed that Henry Tazewell, one of the members from the State of Virginia, died this morning,
Resolved, That a committee be appointed to take order for superintending the funeral of the said Henry Tazewell, Esq., and that the Senate will attend the same, and that notice of the event be given to the House of Representatives, and that this committee consist of Messrs. Mason, Brown, and Marshall.
Resolved, unanimously, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of Henry Tazewell, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.
Resolved, That the President of the Senate notify the Executive of Virginia of the death of Henry Tazewell, late Senator of that State for the United States.
Friday, January 25.
The Vice President communicated the credentials of William Hill Wells, elected a Senator for the State of Delaware, in the place of Joshua Clayton, deceased.
Wednesday, January 30.
Josiah Tattnall, from the State of Georgia, attended.
Monday, February 4.
William Hill Wells, appointed a Senator by the Legislature of the State of Delaware, in place of Joshua Clayton, deceased, attended; and his credentials being read, and the oath required by law administered to him, he took his seat in the Senate.
Wednesday, February 6.
The bill sent from the House of Representatives, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof, and for other purposes," was read a third time.
On motion to add the following proviso to the fourth section:
"Provided, That a notice of not less than nineteen days of the opening commerce with the French Republic, or any port or place under the Government thereof, by authority of this act, and of not less than thirty days of the revocation of any order issued by the President, by virtue of this act, shall be given:"
It was determined in the negative—yeas 13, nays 14, as follows:
Yeas.—Messrs. Anderson, Bloodworth, Brown, Chipman, Gunn, Langdon, Livermore, Lloyd, Marshall, Martin, Mason, Read, and Tattnall.
Nays.—Messrs. Bingham, Davenport, Foster, Goodhue, Greene, Hillhouse, Latimer, Paine, Ross, Sedgwick, Stockton, Tracy, Watson, and Wells.
On motion to amend the motion, to be read as follows:
"Provided, That notice shall be given, of not less than thirty days, of the revocation of any order issued by the President, by virtue of this act:"
It was determined in the affirmative—yeas 18, nays 10, as follows:
Yeas.—Messrs. Bingham, Chipman, Davenport, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Livermore, Lloyd, Marshall, Paine, Sedgwick, Stockton, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Brown, Langdon, Martin, Mason, Read, Ross, and Tattnall.
And on the question to agree to the motion thus amended, it was determined in the negative.
And having agreed to several amendments to the bill, the question on the final passage thereof, as amended, it was determined in the affirmative—yeas 18, nays 10, as follows:
Yeas.—Messrs. Bingham, Chipman, Davenport, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Livermore, Lloyd, Paine, Ross, Sedgwick, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Brown, Gunn, Langdon, Marshall, Martin, Mason, Read, and Tattnall.
Saturday, February 9.
The Senate resumed the second reading of the bill to amend the act, entitled "An act providing for the sale of the lands of the United States in the territory north-west of the river Ohio, and above the mouth of Kentucky River."
On motion to strike out the 8th section of the bill as follows:
"Sec. 8. And be it further enacted, That aliens residing within the United States or elsewhere, shall be capable of purchasing and holding lands in the territory of the United States north-west of the river Ohio, and their heirs may succeed to them ab intestato, in the same manner as if they were citizens; and they may grant, sell, and devise the same to whom they may please, whether citizens or aliens; and that neither they, their heirs, or assigns, shall, so far as may respect the said lands, and the legal remedies incident thereto, be regarded as aliens."
It was determined in the affirmative—yeas 13, nays 11, as follows:
Yeas.—Messrs. Chipman, Foster, Goodhue, Greene, Hillhouse, Howard, Martin, Read, Sedgwick, Stockton, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bingham, Bloodworth, Brown, Gunn, Langdon, Livermore, Marshall, Mason, Ross, and Tattnall.
Tuesday, February 12.
The bill vesting the power of retaliation, in certain cases, in the President of the United States, was read the third time; and, being amended, the question on the final passage thereof was determined in the affirmative—yeas 22, nays 2, as follows:
Yeas.—Messrs. Anderson, Bloodworth, Chipman, Davenport, Foster, Goodhue, Greene, Gunn, Hillhouse, Latimer, Livermore, Lloyd, Marshall, Martin, Paine, Ross, Sedgwick, Stockton, Tattnall, Tracy, Watson, and Wells.
Nays.—Messrs. Howard and Langdon.
So it was Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act vesting the power of retaliation, in certain cases, in the President of the United States."
Wednesday, February 13.
The Vice President communicated a letter from the Executive of the State of Virginia, in answer to his of the 24th ultimo, stating that an appointment to fill the vacancy in the Senate, occasioned by the decease of Henry Tazewell, would, probably, be deferred to the meeting of their Legislature.
Saturday, February 16.
Charles Pinckney, elected a Senator by the Legislature of the State of South Carolina, in place of John Hunter, resigned, produced his credentials, and the oath prescribed by law being administered to him, he took his seat in the Senate.
The Senate proceeded to consider the amendments reported by the committee to the bill giving eventual authority to the President of the United States to augment the Army.
On motion, to agree to the amendment reported to the 7th section, to read as follows:
"Sec. 7. Be it further enacted, That it shall be lawful for the President of the United States to call forth and employ the said volunteers in all cases, and to effect all the purposes for which he is authorized to call forth and employ the militia, by the act, entitled 'An act to provide for the calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes:'"
It passed in the affirmative, as follows:
Yeas.—Messrs. Bingham, Chipman, Foster, Goodhue, Greene, Gunn, Howard, Laurance, Livermore, Lloyd, Marshall, Paine, Ross, Sedgwick, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Langdon, Martin, Mason, Pinckney, and Tattnall.
Saturday, February 23.
The bill, sent from the House of Representatives, entitled "An act to grant an additional compensation from the year one thousand seven hundred and ninety-nine, to certain officers of the Senate and House of Representatives of the United States," was read the second time.
Ordered, That it be referred to Messrs. Livermore, Paine, and Wells, to consider and report thereon to the Senate.
The Senate proceeded to consider the report of the committee to whom was referred the bill to augment the salaries of the principal officers of the Executive Departments, which was adopted; and
The question to agree to the third reading of the bill as amended, was determined in the affirmative—yeas 22, nays 3, as follows:
Yeas.—Messrs. Bingham, Bloodworth, Chipman, Davenport, Foster, Goodhue, Greene, Hillhouse, Howard, Laurance, Lloyd, Marshall, Martin, Paine, Pinckney, Read, Sedgwick, Stockton, Tattnall, Tracy, Watson, and Wells.
Nays.—Messrs. Langdon, Livermore, and Mason.
Monday, February 25.
The Senate resumed the third reading of the bill, authorizing the acceptance, from the State of Connecticut, of a cession of jurisdiction of the territory west of Pennsylvania, commonly called the Western Reserve of Connecticut; and the question on the final passage of the bill was determined in the affirmative—yeas 16, nays 12, as follows:
Yeas.—Messrs. Chipman, Davenport, Foster, Goodhue, Greene, Gunn, Hillhouse, Livermore, Lloyd, Marshall, Paine, Read, Sedgwick, Stockton, Tracy, and Wells.
Nays.—Messrs. Bingham, Bloodworth, Brown, Howard, Langdon, Latimer, Laurance, Martin, Mason, Pinckney, Ross, and Watson.
Friday, March 1.
The Senate resumed the third reading of the bill, sent from the House of Representatives, entitled "An act to establish the Post Office of the United States."
On motion, to add the following to the amendment of the 17th section:
"And, provided, That all the letters and packets franked by any one member, in any one week, shall not exceed thirty ounces; and such privilege shall continue:"
It was determined in the negative—yeas 13, nays 17, as follows:
Yeas.—Messrs. Bingham, Davenport, Goodhue, Hillhouse; Howard, Livermore, Lloyd, Paine, Ross, Sedgwick, Stockton, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Brown, Chipman, Foster, Greene, Gunn, Langdon, Latimer, Laurance, Marshall, Martin, Mason, Pinckney, Read, Tattnall, and Tracy.
Saturday, March 2.
The bill, sent from the House of Representatives, entitled "An act authorizing a detachment from the militia of the United States," was read the second time.
On the question to agree to the third reading of the bill, it was determined in the affirmative—yeas 17, nays 12, as follows:
Yeas.—Messrs. Bloodworth, Brown, Foster, Goodhue, Greene, Gunn, Howard, Langdon, Laurance, Lloyd, Marshall, Martin, Mason, Pinckney, Ross, Tattnall, and Watson.
Nays.—Messrs. Bingham, Chipman, Davenport, Hillhouse, Latimer, Livermore, Paine, Read, Sedgwick, Stockton, Tracy, and Wells.
Saturday Evening, March 2.
A message from the House of Representatives, informed the Senate that the House, having finished the business before them, are about to adjourn without day.
The Senate then proceeded to the consideration of Executive business.
The Senate, then, resuming Legislative business, adjourned without day.