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SENATE.]

Proceedings.

[June, 1798 On motion, to amend the proviso to the Nays.—Messrs. Bingham, Brown, Chipman, Fosfourth section to read as follows:

ter, Goodhue, Langdon, Latimer, Laurance, LiverProvided, That nothing in this act shall be con

ng in this act shall be con- more, North, Paine, Sedgwick, Stockton, Tazewell, strued to prohibit the migration or importation of and Tracy.

fand Tracy. such persons as any State may think proper by law | Resolved, That this bill pass; that it be ento admit, nor to such persons whose admission may grossed; and that the title thereof be “ An act to be prohibited by the respective States :"

| authorize the PRESIDENT to prevent or regulate It was determined in the negative-yeas 3, the landing of French passengers, and other Days 17, as follows:

persons, who may arrive within the ports of Yeas.-Messrs. Anderson, Mason, and Tazewell.

the United States from foreign places." Nays.--Messrs. Bingham, Foster, Goodhue, Hill

The Senate resumed the second reading of house, Howard, Langdon, Latimer, Laurance, Liver

the bill, sent from the House of Representatives, more, Lloyd, Martin, North, Paine, Read, Sedgwick, entitled “ An act to provide for the valuation Stockton, and Tracy.

of lands and dwelling houses, and the enumeraOn motion by Mr. Mason, to strike out these tion of si

tion of slaves, within the United States." words from the preamble:

On motion, by Mr. PAINE, to agree to the “The peculiar circumstances of the United States,

following amendment to the proviso in the in relation to the Republic of France, and the citi

eighth section, “ And all uncultivated lands, exzens thereof, require that, whilst the United States

cept such as make part or parcel of a farm; and have afforded hospitality and protection to French

except wood lots, used or reserved for the pur. men who have sought an asylum in this country, poses of fuel, fencing, lumber, or building: they should, on the other hand, guard against the It was determined in the negative yeas 10, arrival and admission of such evil-disposed persons nays 11, as follows: as by their machinations, may endanger the internal Yeag.–Messrs. Bingham, Brown, Chipman, Goodsafety and tranquillity of the country ; " in order to hue, Latimer, Laurance, Livermore, Paine, Sedginsert the following words: “It is represented that, wick, and Stockton. on the evacuation of Portuu Prince by the British Náys.—Messrs. Foster, Hillhouse, Howard, Langtroops, a number of French white men and negroes don, Lloyd, Martin, Mason, North, Read, Tazewell, were put on board of vessels bound to the United and Tracy. States, some of which have arrived, and others may On motion by one of the majority to

On motion, by one of the majority, to reconbe shortly expected, and it is deemed dangerous to admit indiscriminately such persons into the United

sider and restore the following words, struck States :"

out from the end of the proviso to the eighth

section : " or which, at the time of making the It was agreed to divide the motion, and that

said valuation or enumeration, shall not have the words should be struck out; and, on the ne

been assessed for, nor be then held liable to, question to agree to the substitute, it was de

taxation under the laws of the State wherein termined in the negative-yeas 10, nays 10, as the same is, or may be, situated or possessed. follows:

shall be exempted from the aforesaid valuation YEAS.—Messrs. Anderson, Bingham, Langdon, and enumeration : " Laurance, Livermore, Martin, Mason, North, Read, It was determined in the negative-yeas 6, and Tazewell. Nays.-Messrs. Foster, Goodhue, Hillhouse, How

nays 14, as follows: ard, Latimer, Lloyd, Paine, Sedgwick, Stockton, and

YEAs.— Messrs. Bingham, Foster, Howard, LatiTracy.

mer, Laurance, and North.

Nays.—Messrs. Brown, Chipman, Goodhue, HillSo the amendment was lost.

house, Langdon, Livermore, Lloyd, Martin, Mason, And the bill being further amended, by strik

Paine, Read, Sedgwick, Tazewell, and Tracy. ing out the remainder of the preamble,

On motion, by Mr. Mason, to add the followResolved, That the consideration of this bill

ing words to the end of the eighth section : be postponed until to-morrow.

“except such as, from fixed infirmity or bodily

disability, may be incapable of labor : " SATURDAY, June 30.

It was determined in the affirmative-yeas 11, The Senate resumed the third reading of the nays 8, as follows: bill to authorize the PRESIDENT to prevent or YEAs.-Messrs. Howard, Langdon, Latimer, Liver. regulate the landing of French passengers, and more, Lloyd, Martin, Mason, Paine, Read, Sedgother persons who may arrive within the ports wick, and Tazewell. of the United States from foreign places.

Nays.-Messrs. Bingham, Brown, Foster, GoodOn motion, by Mr. MARTIN, one of the ma- hue, Hillhouse, Laurance, North, and Tracy. jority in favor of the exception yesterday On inotion, by Mr. Brown, to strike out of agreed to, namely, "except children under the that part of the eighth section which respects age of twelve years, and women, in cases es- the enumeration of slaves these words "above pecially authorized by the PRESIDENT," and that the age of twelve, and under the age of fifty it be reconsidered, it was determined in the years : " negative-yeas 6, nays 15, as follows:

It was determined in the negative-yeas 10, Yeas.-Messrs. Hillhouse, Howard, Lloyd, Martin. nays 11, as follows: and Read.

| Yeas.—Messrs. Bingham, Brown, Chipman, Good

JULY, 1798.]
Proceedings..

(SEKATE nue, Hillhouse, Latimer, Laurance, Lloyd, North, / any official transaction; the person so offending, and and Sedgwick

thereof convicted, before any court of the United NAYS.-Messrs. Foster, Howard, Langdon, Liver States having jurisdiction thereof, shall be punished more, Martin, Mason, Paine, Read, Stockton, Taze-by a fine, not exceeding two thousand dollars, and well, and Tracy.

| by imprisonment, not exceeding two years:” The report of the committee having been It was determined in the negative-yeas 6, agreed to, and the bill amended accordingly, nays 18, as follows:

Resoloed, That it pass to the third reading as YEAS.-Messrs. Anderson, Brown, Howard, Lang amended.

don, Mason, and Tazewell.

NAYS.-Messrs. Chipman, Clayton, Foster, GoodMonday, July 2.

hue, Greene, Hillhouse, Latimer, Laurance, Liver

more, Lloyd, Martin, North, Paine, Read, RutherJOHN RUTHERFORD, from the State of New | ford, Sedgwick, Stockton, and Tracy. Jersey, attended.

The question on the final passage of the bill

was determined in the affirmative-yeas 18, TUESDAY, July 3.

nays 6, as follows: The Senate resumed the consideration of the YKAS.-Messrs. Chipman, Clayton, Foster, Goodreport of the committee to whom was referred | hué, Greene, Rollhouse, Latimer, Laurance, Liverthe bill to define more particularly the crime of more, Lloyd, Martin, North, Paine, Read, Ruthertreason, and to define and punish the crime of ford, Sedgwick, Stockton, and Tracy. sedition; and having agreed to the report, the So it was Resolved, That this bill pass; that bill was amended accordingly; and the question it be engrossed; and that the title thereof be 10 agree to the third reading of the bill, as “An act in addition to the act, entitled 'An act amended, was determined in the affirmativé, for the punishment of certain crimes against yeas 18, nays 5, as follows:

the United States.'” Yeas.-Messrs. Bingham, Chipman, Clayton, Foster, Greene, Hillhouse, Howard, Latimer, Laurance,

WEDNESDAY, July 11. Livermore, Martin, North, Paine, Read, Rutherford,

The bill for encouraging the capture of French Sedgwick, Stockton, and Tracy.

armed vessels, by armed ships or vessels owned NAYS--Messrs. Anderson, Brown, Langdon, Ma

by a citizen or citizens of the United States, was Son, and Tazewell.

read the third time; and the final passage of the

bill was determined in the affirmative-yeas 16, WEDNESDAY, July 4.

nays 4, as follows: Treason and Sedition.

Yeas.-Messrs. Anderson, Bingham, Chipman, BILL TO DEFINE.

Goodhue, Greene, Hillhouse, Latimer, Laurance,

Livermore, Martin, North, Paine, Read, Sedgwick, On motion to expunge the following words

Stockton, and Tracy. from the second section reported as an amend

Nays.—Messrs. Brown, Langdon, Mason, and Tazement;

well. “Or shall, in manner aforesaid, traduce or defame

So it was Resolved, That this bill pass; that it the PRESIDENT OF THE UNITED STATES, or any Court

be engrossed ; and that the title thereof be “ An or Judge thereof, by declarations, tending to crimizate their motives in any official transaction;"

act for encouraging the capture of French armed

vessels, by armed ships or vessels owned by a It was determined in the negative-yeas 8, I citizen or citizens of the United States.” nays 15, as follows:

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

THURSDAY, July 12. Nars.-Messrs. Chipman, Clayton, Foster, Good The Senate resumed the third reading of the hue, Hillhouse, Latimer, Laurance, Livermore, bill, entitled “ An act making further approLloyd, Paine, Read, Rutherford, Sedgwick, Stockton, priations for the additional Naval Armament; " and Tracy.

and the question on the final passage of the bill, On motion to expunge the whole of the second as amended, was determined in the affirmative section reported by the committee, in the words -yeas 13, nays 3, as follows: following:

Yeas.-Messrs. Bingham, Chipman, Clayton, Fos"Sec. 2. And be it further enacted, That if any ter, Goodhue, Greene, Hillhouse, Latimer, Laurance, person shall, by any libellous or scandalous writing, Livermore, Martin, North, Paine, Read, Putherford printing, publishing, or speaking, traduce or defame Sedgwick, Stockton, and Tracy. the Legislature of the United States, by seditious or Nays. -Messrs. Anderson, Mason, and Tazewell. inflammatory declarations or expressions, with intent

| So it was Resolned. That this bill do nas

So it was Resolved, That this bill do pass as to create a belief in the citizens thereof, that the said |

amended. Legislature, in enacting any, law, was induced thereto by motives hostile to the constitution, or liberties

FRIDAY, July 13. and happiness of the people thereof; or shall, in manper aforesaid, traduce or defame the PRESIDENT OF

Mr. READ, from the committee to whom was THE UNITED STATES or any Court or Judge thereof, by referred the bill, sent from the House of Repredeclarations tending to criminate their motives, in sentatives, entitled “An act providing for the

SENATE.)
Executive Session.

(JULY, 1798 enumeration of the inhabitants of the United | Senate Chamber, at ten o'clock in the forenoon, on States," reported the bill without amendment. Executive business."

On motion, by Mr. LIVERMORE, to postpone And the report was adopted. the further consideration of this bill to the next A message from the House of Representatives session of Congress, it was determined in the informed the Senate, that the House have apaffirmative-yeas 11, nays 7.

pointed a joint committee on their part to wait The following Message was received from the on the PRESIDENT OF THE UNITED STATES, and PRESIDENT OF THE UNITED STATES :

notify him, that, unless he may have any further

communications to make to the two Houses of Gentlemen of the Senate : A resolution of both Houses of Congress, authoriz

Congress, they are ready to adjourn; and deing an adjournment on Monday, the 16th of this

sire the appointment of a committee on the part month, has been laid before me. Sensible of the se

of the Senate. verity of the service in so long a session, it is with The Senate took into consideration this resogreat reluctance that I find myself obliged to offer lution of the House of Representatives. any consideration which may operate against the in- Resolved, That they do concur therein, and clination of the members; but certain measures of that Messrs. CHIPMAN and GREENE be the comExecutive authority which will require the consi- mittee on the part of the Senate. deration of the Senate, and which cannot be matur- | Mr. CHIPMAN reported, from the joint comed, in all probability, before Monday or Tuesday, | mittee, that they had waited on the PRESIDENT oblige me to request of the Senate that they would OF THE UNITED STATES, who informed them continue their session until Wednesday or Thursday.

that he had nothing further to communicate to JOHN ADAMS.

Congress, except what might result from the UNITED STATES, July 13, 1798.

last enrolled bill now under his consideration.

Ordered, That the Secretary acquaint the The Message was read, and ordered to lie for

House of Representatives therewith; and that consideration,

the Senate, having finished the Legislative business before them, are about to adjourn.

A message from the House of RepresentMonday, July 16.

atives informed the Senate, that the House havThe Senate took into consideration the reporting finished the business before them, are about of the committee to whom was referred the Mesto adjourn to the first Monday in December sage of the PRESIDENT OF THE UNITED STATES next. of the 13th instant, and which is as follows: I The Senate then went into the consideration “ That as, in the opinion of the PRESIDENT, cer- OT,

| of Executive business-after which, tain measures of Executive authority will acquire the

thal

The 5

The PRESIDENT declared the Senate, so far as consideration of the Senate, and which could not be respects its Legislative functions, adjourned to matured before Monday or Tuesday, it is the opinion the time by the constitution prescribed; and, in of the committee, that the Senate should adjourn in its Executive capacity, until to-morrow morntheir Executive capacity to meet to-morrow at the ling at ten o'clock.

EXECUTIVE SESSION.

TUESDAY, July 17, 1798.

HENRY LATIMER, from Delaware. Agreeably to the adjournment of yesterday,

John E. HOWARD, from Maryland. as stated at large in the Legislative proceedings,

HENRY TAZEWELL, from Virginia. the Senate assembled.

John Brown, from Kentucky.

JOSEPH ANDERSON, from Tennessee.
PRESENT :

ALEXANDER Martin, from North Carolina. THEODORE SEDGWICK, President pro tempore,

Jacob READ, from South Carolina. from the State of Massachusetts.

Ordered, That the following summons, direct· BENJAMIN GOODHUE, from Massachusetts.

led to the Senators of the United States, respectNATHANIEL CHIPMAN, from Vermont. ively, be entered on the journals:

James Hillary and Urian Tracy, from Connecticut.

The President of the United States to Senator THEODORE FOSTER and Ray GREENE, from

for the State of Rhode Island.

Certain matters touching the public good, requiring John LAURANCE and WILLIAM NORTH, from that the session of the Senate, for Executive business, New York.

should be continued, and that the members thereot JOHN RUTHERFORD, from New Jersey. should convene on Tuesday, the 17th day of July, WILLIAM BINGHAM, from Pennsylvania. | inst., you are desired to attend at the Senate Cham

Joly, 1798.]
Proceedings.

[SENATE. ber, in Philadelphia, on that day, at ten o'clock in | and may confidently trust the final result to that kind the forenoon, then and there to receive and deliberate Providence who has heretofore, and so often, signally on such communications as shall be made to you on favored the people of these United States. my part.

Thinking in this manner, and feeling how incum

JOHN ADAMS. bent it is upon every person, of every description, UNITED STATES, July 16, 1798.

to contribute at all times to his country's welfare,

and especially in a moment like the present, when WEDNESDAY, July 18.

every thing we hold dear and sacred is so seriously The following Message was received from the

threatened, I have finally determined to accept the

commission of Commander-in-Chief of the Armies of PRESIDENT OF THE UNITED STATES :

the United States; with the reserve only that I shall Gestlemen of the Senate :

not be called into the field until the Army is in a siBelieving that the letter received this morning from tuation to require my presence, or it becomes indisGeneral Washington, will give high satisfaction to the pensable by the urgency of circumstances. Senate, I transmit them a copy of it, and congratulate In making this reservation, I beg it to be underthem and the public on this great event-the Gene- stood, that I do not mean to withhold any assistance rals acceptance of his appointment as Lieutenant Ge to arrange and organize the Army, which you may Deral and Commander-in-Chief of the Army. think I can afford. I take the liberty also to men

JOHN ADAMS. tion, that I must decline having my acceptance conUNITED STATES, July 17, 1798.

sidered as drawing after it any immediate charge MOUNT VERNON, July 13, 1798.

upon the public, or that I can receive any emolu

ments annexed to the appointment, before entering DEAR SIR: I had the honor, on the evening of the into a situation to incur expense. Ilth instant, to receive from the hands of the Secre- The Secretary of War being anxious to return to tary of War, your favor of the 7th, announcing that the seat of Government, I have detained him no longyou had, with the advice and consent of the Senate, er than was necessary to a full communication upon appointed me Lieutenant General and Commander

the several points he had in charge. in-Chief of all the armies raised or to be raised for With very great respect and consideration, I have the service of the United States.

the honor to be, dear sir, your most obedient and I cannot express how greatly affected I am at this

humble servant, new proof of public confidence, and the highly flat

G. WASHINGTON. tering manner in which you have been pleased to JOHN ADAMS, President of the United States. make the communication; at the same time I must not conceal from you my earnest wish that the choice The Message and letter were read, and five bad fallen upon a man less declined in years, and better hundred copies thereof ordered to be printed for qualified to encounter the usual vicissitudes of war. the use of the Senate.

You know, sir, what calculation I had made rela- The following Message was received froin the tive to the probable course of events on my retiring | PRESIDENT OF THE UNITED STATES: from office, and the determination I had consoled myself with, of closing the remnant of my days in my | Gentlemen of the Senate : present peaceful abode ; you will, therefore, be at no I nominate Alexander Hamilton, of New York, to loss to conceive and appreciate the sensations I must be Inspector General of the Army, with the rank of bave experienced to bring my mind to any conclusion | Major General. that would pledge me, at so late a period of life, to Charles Cotesworth Pinckney, of South Carolina, leave scenes I sincerely love, to enter upon the bound to be a Major General. less field of public action, incessant trouble, and high Henry Knox, of Massachusetts, to be a Major Genresponsibility.

It was not possible for me to remain ignorant of, or Henry Lee, of Virginia, to bo a Major General of indifferent to, recent transactions. The conduct of the Provisional Army. the Directory of France towards our country ; their Edward Hand, of Pennsylvania, to be a Major Geninsidious hostility to its Government; their various eral of the Provisional Army. practices to withdraw the affections of the people from John Brooks, of Massachusetts, to be a Brigadier it; the evident tendency of their acts and those of General. their agents to countenance and invigorate opposi- William Washington, of South Carolina, to be a tion; their disregard of solemn treaties and the laws Brigadier General. of nations; their war upon our defenceless com- | Jonathan Dayton, of New Jersey, to be a Brigadier merce; their treatment of our ministers of peace; / General. and their demands, amounting to tribute ; could not William Stevens Smith, of New York, to be Adjufall to excite in me corresponding sentiments with tant General, with the rank of Brigadier General. those my countrymen have so generally expressed in Ebenezer Huntington, of Connecticut, to be a Britheir affectionate addresses to you. Believe me, sir, I gadier General of the Provisional Army. no one can more cordially approve of the wise and Anthony Walton White, to be a Brigadier General prudent measures of your Administration. They of the Provisional Army. onght to inspire universal confidence; and will, no William Richardson Davie, of North Carolina, to doubt, combined with the state of things, call from be a Brigadier General of the Provisional Army.' Congress such laws and means as will enable you to John Sevier, of Tennessee, to be a Brigadier Genmeet the full force and extent of the crisis.

Satisfied, therefore, that you have sincerely wished James Craik, of Virginia, to be Physician General and endeavored to avert war, and exhausted, to the of the Army. last drop, the cup of reconciliation, we can with pure

JOHN ADAMS. bearts appeal to Heaven for the justice of our cause, | JULY 18, 1798.

VOL. II.-12

eral.

doubt, combined with the stone as will enable you to

of the Provisional Armyn he Physician General

SENATE.]
Adjournment.

[JULY, 1798. The Message was read, and ordered to lie for Ordered, That Mr. BINGHAM and Mr. LAUconsideration,

RANCE be & committee to wait on the PRESIThe following Message was received from the DENT OF THE UNITED STATES, and notify him, PRESIDENT OF THE UNITED STATES :

that having finished the Executive business beGentlemen of the Senate :

fore them, they are ready to adjourn, unless he I nominate William Winder, of Maryland, to be

m Winder of Maryland, to hamay have any further matters for their consiAccountant of the Navy.

deration.

JOHN ADAMS. Mr. BINGHAM reported, from the committee July 18, 1798.

last mentioned, that the PRESIDENT OF THE

UNITED STATES informed them that he had & THURSDAY, July 19.

further communication to make to the Senate. The Senate took into consideration the Mes The following Message was received from the sage of the PRESIDENT OF THE UNITED STATES,

PRESIDENT OF THE UNITED STATES : of the 18th instant, and the nomination con

Gentlemen of the Senate : tained therein, of William Winder, to office.

I nominate William North, of New York, to be Ad. Whereupon,

I jutant General of the Army, with the rank of BrigaResolved, That they do advise and consent to l'dier General. the appointment agreeably to the nomination.

JOHN ADAMS. Ordered, That the Secretary lay this resolution UNITED STATES, July 19, 1798. before the PRESIDENT OF THE UNITED STATES.

The Senate took into consideration the Mes The Message was read. sage of the PRESIDENT OF THE UNITED STATES, On motion, it was agreed, by unanimous conof the 18th instant, and the nominations con- sent, to dispense with the rule, and that the said tained therein, of Alexander Hamilton, and nomination be now considered. Whereupon, others, to military appointment. Whereupon, Resolved, That they do advise and consent to

Resolved, That they do advise and consent the appointment, agreeably to the nomination. to the appointments, agreeably to the nomina- ! Ordered, That the Secretary lay this resolution tions, respectively; except to that of William before the PRESIDENT OF THE UNITED STATES. Stevens Smith, of New York, to be Adjutant Whereupon, General, with the rank of Brigadier General, The PRESIDENT adjourned the Senate to the to which they do not advise and consent. first Monday in December next, to meet in this

Ordered, That the Secretary lay this resolution place. before the PRESIDENT OF THE UNITED STATES.

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