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JULY, 1798.]
Capture of French Vessels.

[H. OF R. fellow-citizens with impunity, ascribing his con- / was agreed to without debate or amendment, duct to the very worst of motives? Is no and ordered to be read a third time to-day. It punishment to be inflicted on such a person was accordingly immediately read a third time; Yes. There is a remedy for offences of this kind when in the laws of every State in the Union. Every Mr. MODOWELL said, he hoped this bill would man's character is protected by law, and every not pass. Congress had already passed laws man who shall publish a libel on any part of the authorizing public and private armed vessels to Government, is liable to punishment. Not, said | attack and take French vessels ; but they are Mr. L., by laws which we ourselves have made, now called upon to give a bounty upon the but by laws passed by the several States. And guns that are brought in, according to their is not this most proper? Suppose a libel were size. He was not willing to allow this. It written against the PRESIDENT, where is it most would open a door to innumerable frauds. Plans probable that such an offence would receive an would be laid between the owners of privateers impartial trialIn a court, the judges of which here and their friends in the West Indies, and are appointed by the PRESIDENT, by a jury se- vessels and arms would be thrown in their way lected by an officer holding his office at the will for the purpose of capture, and in this manner of the PRESIDENT ? or in a court independent of our Treasury would be drained to an extent any influence whatever The States are as which no man could at present foresee. He much interested in the preservation of the could see no use in the provision, as it would General Government as we are. We do wrong not induce merchant vessels to go in search of when we attempt to set up interests independent French vessels; and, without some unfair play, of the States. They are all desirous of preserv- it would never be worth the while of persons ing the constitution as it now stands; and it is, fitting out privateers for the purpose. He called therefore, much more probable that justice will the yeas and nays upon it. They were taken be found in a court in which neither of the accordingly, and were, yeas 34, nays 36, as folparties have influence, than in one which is lows: wholly in the power of the PRESIDENT. | YEAS.-John Allen, Bailey Bartlett, James A.

The bill was then passed-yeas 44, nays 41, Bayard, David Brooks, Christopher G. Champlin, as follows:

Joshua Coit, William Craik, Samuel W. Dana, Wil: YEAS.—John Allen, George Baer, jr., Bailey Bart

liam Edmond, Abiel Foster, Dwight Foster, Henry lett, James A. Bayard, David Brooks, Christopher

Glenn, Chauncey Goodrich, William Gordon, Roger G. Champlin, John Chapman, James Cochran, Jo- !

Griswold, Robert Goodloe Harper, Thomas Hartley, shua Coit, Samuel W. Dana William Edmond Tho. William Hindman, Hezekiah L. Hosmer. James #.

Tho- | "wam, nindman, Hezekiah L. Hosmer, James H.. mas Evans, Abiel Foster, Dwight Foster, Jonathan

Imlay, John Wilkes Kittera, Samuel Lyman, HarriFreeman, Henry Glenn, Chauncey Goodrich, William

son G. Otis, Isaac Parker, John Read, John Rutledge, Gordon, Roger Griswold, William Barry Grove, Robert jun.,, James Schureman, Samuel

jun., James Schureman, Samuel Sewall, Thomas Goodloe Harper, Thomas Hartley, William Hindman, Sinnickson, Samuel Sitgreaves, Nathaniel Smith, Hezekiah L. Hosmer, James H. Imlay, John Wilkes George Thatcher, Mark Thompson, and John E. Van Kitters, Samuel Lyman, Harrison G. Otis, Isaac Par

Allen. ker, John Read, John Rutledge, jun., James Schure

Nays.-David Bard, Thomas Blount, Richard man, Samuel Sewall, William Shepard, Thomas Sin Brent, Dempsey Burges, Thomas Claiborne, William nickson, Samuel Sitgreaves, Nathaniel Smith, Peleg

Charles Cole Claiborne, John Clopton, John Dawson, Sprague, George Thatcher, Richard Thomas, Mark

George Dent, Albert Gallatin, James Gillespie, WilThompson, Thomas Tillinghast, John E. Van Allen,

liam Barry Grove, Carter B. Harrison, Jonathan N. and Peleg Wadsworth.

Havens, Joseph Heister, David Holmes, Walter Jones, Nays. —Abraham Baldwin, David Bard, Lemuel

Edward Livingston, Matthew Locke, Matthew Lyon, Benton, Thomas Blount, Richard Brent, Stephen

Nathaniel Macon, Blair McClenachan, Joseph McBullock, Dempsey Burges, Thomas Claiborne, Wil

Dowell, Anthony New, John Nicholas, Samuel Smith, liam Charles Cole Claiborne, John Clopton, John

William Smith, Richard Sprigg, jr., Richard Stanford, Dawson, George Dent, John Fowler, Albert Gallatin,

Thomas Sumter, Thomas Tillinghast, John Trigg, James Gillespie, Andrew Gregg, John A. Hanna,

Philip Van Cortlandt, Joseph B. Varnum, Abraham Carter B. Harrison, Jonathan N. Havens, Joseph

Venable, and Robert Williams. Heister, David Holmes, Walter Jones, Edward Liv And so the said bill was rejected. ingston, Matthew Locke, Matthew Lyon, Nathaniel Macon, William Matthews, Blair McClenachan, Joseph McDowell, Anthony New, John Nicholas, Sam

SATURDAY, July 14. del Smith, William Smith, Richard Sprigg, jun., Richard Stanford, Thomas Sumter, John Trigg, Philip

The hour having arrived, at which the call of Van Cortlandt, Joseph B. Varnum, Abraham Venable,

the House was to be made, the names of the and Robert Williams.

members were called over, eighty-two members (including the Speaker) appeared in their seats,

twenty-three absent, twenty of whom havé Friday, July 13.

leave, one sick, and two for whom excuses were Capture of French armed vessels. made, and received by the House. The House went into a Committee of the Whole on the bill for encouraging the capture

Capture of French vessels. of French armed vessels by armed vessels be- Mr. SITGREAVES, called up for decision the longing to citizens of the United States ; which resolution he laid on the table yesterday, viz:

H. OF R.]

[JULY, 1798. Resolved, That a committee be appointed to pre- the owner a bond to the full amount, and two pare and bring in a bill for giving a bounty on the sureties in half the sum, would be requiring & capture of French armed ships or vessels, by armed very heavy security from them. It would be ships or vessels owned by a citizen or citizens of the sufficient, he thought, to require a bond equal United States.

to the profit which it is probable would be deThe question on the resolution, was then put rived from any voyage. and negatived-yeas 40, nays 41.

Mr. S. SMITI said, this bill was certainly very And so the motion was rejected.

different from that which had been rejected by

this House, though it did not meet with his apMONDAY, July 16.

probation at present. It was capable, however,

of amendment. The security at present proIntercourse with France.

posed was not worthy of the name. Had he & Another bill was received from the Senate, ship ready to sail such as the gentleman last up to amend the act for suspending the commer- had named, he would willingly forfeit the sum cial intercourse between the United States and proposed, to have the privilege of sending her France and her dependencies.

to à French market. The difference in price Mr. NICHOLAS moved to postpone this bill between a French and a Hamburg market till next session.

would make it well worth his while to do so. Mr. HARPER hoped not. This bill, he said, In many cases, such a voyage would afford 50 was very different from the one which had been per cent. A regulation something like the prenegatived. That proposed to dispense with sent could only secure the fair trader; but the sureties altogether; this only to lower the surety must be a much larger sum than $10,000. amount of the bond. Instead of the owner | The committee rose, however, and Mr. SMITH giving security in a sum equal to the amount of renewed his amendment in the House, when it vessel and cargo, and finding two sureties in was agreed to, after some objections to it from half the sum, this bill proposes that the owner Mr. BAYARD_36 to 28. The bill was then and master shall be bound in a sum equal to the ordered to be read a third time, received its amount of the value of the vessel, and a surety third reading, and passed. in from one to ten thousand dollars. To exact The House having received all the bills from a bond equal to the amount of the vessel and the PRESIDENT, and the business of the two cargo in every case, would be very inconvenient. Houses being finished, the SPEAKER adjourned They are sometimes very valuable. There is the House till the first Monday in December now, he said, a vessel in this port ready to sail, I next. whose cargo is worth $300,000. To exact from |

Proceedings. __

DECEMBER, 1798.]






Monday, December 3, 1798. i proceeded to the election of a President pro The third session of the fifth Congress com- tempore, as the constitution provides, and JOHN menced this day, conformably to the provision |LAURANOE was chosen. of the constitution, and the Senate assembled. The credentials of DANIEL SMITH, appointed at the city of Philadelphia, in their Chamber.

Senator by the Executive of the State of Ten

nessee, in place of Andrew Jackson, resigned, PRESENT :

were read, and the oath was, by the PRESIDENT, JOHN LANGDON and SAMUEL LIVERMORE, from administered to him, as the law provides. New Hampshire.

Ordered, That the Secretary wait on the THEODORE FOSTER and Ray GREENE, from PRESIDENT OF THE UNITED STATES, and acquaint Rhode Island.

him that a quorum of the Senate is assembled, WILLIAM BINGHAM, from Pennsylvania. and that, in the absence of the VICE PRESIDENT, HUMPHREY MARSHALL, from Kentucky. they have elected John LAURANCE, President of JACOB READ, from South Carolina.

the Senate pro tempore. JAMES GUNN, from Georgia.

Ordered, That the Secretary acquaint the DANIEL SMITH, appointed a Senator by the House of Representatives, that à quorum of the Executive of the State of Tennessee, in the Senate is assembled, and ready to proceed to recess of that Legislature, in place of Andrew business, and that, in the absence of the VICE Jackson, resigned, took his seat in the Senate. PRESIDENT, they have elected John LAURANCE,

The members present not being sufficient to President of the Senate pro tempore. form a quorum, the Senate adjourned to 11 A message from the House of Representatives o'clock to-morrow morning.

informed the Senate that a quorum of the House

is assembled, and that they have appointed a TUESDAY, December 4.

joint committee on their part, together with

such committee as the Senate may appoint on HENRY LATIMER, from the State of Delaware, theirs, to wait on the PRESIDENT OF THE UNITED attended.

STATES and notify him that a quorum of the The members present not being sufficient to two Houses is assembled, and ready to reform a quorum, adjourned.

ceive any communications that he may be

pleased to make to them. WEDNESDAY, December 5.

The Senate took into consideration the mesBENJAMIN GOODHUE. from the State of Massa- sage from the House of Representatives, and

| Resoloed, That they do concur therein, and chusetts; ELIJAH PAINE, and NATHANIEL CHIP

that Messrs. READ and PAINE be of the joint MAN, from the State of Vermont; JOHN LAUBANCE, from the State of New

committee on the part of the Senate. York; and/

: The return of service on the summons to TIMOTHY BLOODWORTH, from the State of

William Blount, made by the Sergeant-at-arms, North Carolina, severally attended. No quorum being present, the Senate ad- |first of March last. was read.

pursuant to the resolution of the Senate of the journed.

Mr. READ reported, from the joint committee

appointed for that purpose, that they had waited THURSDAY, December 6.

on the PRÉSIDENT OF THE UNITED STATES, and RICHARD STOCKTON, from the State of New had notified him that a quorum of the two Houses Jersey, and JOSEPH ANDERSON, from the State of Congress were assembled, and the PRESIof Tennessee, severally attended.

DENT OF THE UNITED STATES acquainted the The VICE PRESIDENT being absent, the Senate committee that he would meet the two Houses

VOL. II.-21



[DECEMBER, 1798. on Saturday next at 12 o'clock, in the Chamber the self-government, and destructive of the indepenof the House of Representatives.

dence of other States. In its conduct towards these United States, we have seen a plan of hostility pur

sued with unremitted constancy-equally disregardSATURDAY, December 8.

ing the obligations of treaties, and the rights of inJAMES Ross, from the State of Pennsylvania, dividuals. We have seen two embassies formed for attended.

the purpose of mutual explanations, and clothed with A message from the House of Representatives the most extensive and liberal powers, dismissed informed the Senate that they are now ready to without recognition and even without a hearing. The meet the Senate, in the Chamber of that House, government of Fr

government of France has not only refused to repeal, to receive such communications as the PRESI

| but has recently enjoined the observance of its former DENT OF THE UNITED STATES shall be pleased to

edict, respecting merchandise of British fabric or make to them. Whereupon,

produce, the property of neutrals, by which the in

terruption of our lawful commerce, and the spoliation The Senate repaired to the Chamber of the

of the property of our citizens, have again received House of Representatives, for the purpose above

a public sanction. These facts indicate no change expressed.

of system or disposition—they speak a more intelliThe Senate then returned to their own Cham

gible language than professions of solicitude to avoid ber, and a copy of the Speech of the PRESIDENT & rupture, however ardently made. But if, after the OF THE UNITED STATES, this day addressed to repeated proofs we have given of a sincere desire for both Houses of Congress, was read. (For which peace, these professions should be accompanied by see proceedings in the House of Representa- insinuations, implicating the integrity with which it tives.]

has been pursued—if, neglecting and passing by the Ordered, That Messrs. STOCKTON, READ, and constitutional and authorized agents of the GovernRoss, be a committee to report the draft of | ment, they are made through the medium of indian Address to the PRESIDENT OF THE UNITED

viduals without public character or authority; and, STATES, in answer to his Speech this day to

above all, if they carry with them a claim to preboth Houses of Congress, and that the Speech

scribe the political qualifications of the Minister of the

United States to be employed in the negotiation, they be printed for the use of the Senate.

are not entitled to attention or consideration, but

ought to be regarded as designed to separate the peoMonday, December 10.

ple from their Government, and to bring about by URIAH TRACY, from the State of Connecticut,

intrigue that which open force could not effect.

We are of opinion with you, sir, that there has noattended.

thing yet been discovered in the conduct of France which can justify a relaxation of the means of de

fence adopted during the last session of Congress, the TUESDAY, December 11.

happy result of which is so strongly and generally JAMES Watson, appointed a Senator by the marked. If the force by sea and land which the Legislature of the State of New York, in place existing laws authorize should be judged inadequate of John S. Hobart, resigned, produced his cre- to the public defence, we will perform the indispendentials, which were read, and the oath was, by sable duty of bringing forward such other acts as the PRESIDENT. administered to him, as the law will effectually call forth the resources and force of provides.

our country. The Senate resumed the consideration of the

f the

A steady

A steady adherence to this wise and manly policy report of the committee on the draft of an

-a proper direction of the noble spirit of patriotism Address in answer to the Speech of the PRESI- | |

which has arisen in our country, and which ought to

be cherished and invigorated by every branch of the DENT OF THE UNITED STATES to both Houses of

of Government, will secure our liberty and independence Congress, at the opening of the session; which,

against all open and secret attacks. being read in paragraphs and amended, was

We enter on the business of the present session adopted, as follows:

with an anxious solicitude for the public good, and

shall bestow that consideration on the several objects To the President of the United States :

pointed out in your communication, which they reSIR: The Senate of the United States join you in

spectively merit. thanks to Almighty God for the removal of the late

Your long and important services—your talents afflicting dispensations of his Providence, and for the

| and firmness, so often displayed in the most trying patriotic spirit and general prosperity of our country. I times and most critica sinations-afforda Sympathy for the sufferings of our fellow-citizens

pledge of a zealous co-operation in every measure from disease, and the important interests of the Union,

necessary to secure us justice and respect. demand of the National Legislature a ready co-opera

JOHN LAURANCE, tion with the State Governments, in the use of such

President of the Senate pro tempore. means as seem best calculated to prevent the return of this fatal calamity.

Ordered, That the committee who prepared Although we have sincerely wished that an adjust

the Address, wait on the PRESIDENT OF THE ment of our differences with the republic of France might be effected on safe and honorable terms, yet

UNITED STATES, and desire him to acquaint the information you have given as of the ultimate the Senate at what time and place it will be failure of the negotiations has not surprised us. In most convenient for him that it should be pre the general conduct of that Republic, we have seen sented. u design of universal influence, incompatible with Mr. STOCKTON reported, from the committee,

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JANTARY, 1799.)

[SENATE. that they had waited on the PRESIDENT OF THE | in the recess of the Legislature, in the place of UNITED STATES, and that he would receive the John Rutherford, resigned, produced his creAddress of the Senate to-morrow, at 12 o'clock, dentials; which were read, and, the oath of at his own house. Whereupon,

office being administered to him as the law Resoloed, That the Senate will, to-morrow at provides, he took his seat in the Senate. 12 o'clock, wait on the PRESIDENT OF THE UNITED STATES accordingly.

WEDNESDAY, December 26.

JAMES LLOYD, from the State of Maryland, atWEDNESDAY, December 12.

tended. Agreeably to the resolution of yesterday, the Senate waited on the PRESIDENT OF THE UNITED

THURSDAY, December 27. STATES, and the PRESIDENT of the Senate, in their name, presented the Address then agreed | THOMAS JEFFERSON, Vice President of the on.

United States and President of the Senate, atTo which the PRESIDENT OF THE UNITED tended. STATES made the following reply: To the Senate of the United States :

MONDAY, December 31. GENTLEMEN : I thank you for this Address, 80 con- The VICE PRESIDENT laid before the Senate a formable to the spirit of our constitution, and the letter from JOHN HUNTER, notifying his resignaestablished character of the Senate of the United

nated tion of his seat in the Senate. States, for wisdom, honor, and virtue.

I have seen no real evidence of any change of system or disposition in the French Republic towards

Monday, January 7, 1799. the United States. Although the officious interference of individuals, without public character or au-| JOHN BROWN, from the

JOHN Brown, from the State of Kentucky, thority, is not entitled to any credit, yet it deserves and THEODORE SEDGWICK, from the State of to be considered, whether that temerity and imperti- Massachusetts, severally attended. nence of individuals affecting to interfere in public affairs, between France and the United States, whether by their secret correspondence or otherwise, and

Tuesday, January 8. intended to impose upon the people, and separate STEPHENS T. Mason, from the State of. Virthem from their Government, ought not to be in- ginia attended. quired into and corrected.

I thank you, gentlemen, for your assurances that you will bestow that consideration on the several ob

* MONDAY, January 21. jects pointed out in my communication, which they

HENRY Tazewell, from the State of Virginia, respectively merit.

If I have participated in that understanding, sin attended. cerity, and constancy, which have been displayed by my fellow-citizens and countrymen, in the most try

THURSDAY, January 24. ing times, and critical situations, and fulfilled my duties to them, I am happy. The testimony of the

The Senate being informed that HENRY TAZESenate of the United States, in my favor, is a high WELL, one of the members from the State of and honorable reward, which receives, as it merits. | Virginia, died this morning, my grateful acknowledgments. My zealous co-opera Resolved, That a committee be appointed to tion in measures necessary to secure us justice and take order for superintending the funeral of the consideration may be always depended on.

said Henry TAZEWELL, Esq., and that the SenJOHN ADAMS.

ate will attend the same, and that notice of the December 12, 1798.

event be given to the House of Representatives, The Senate returned to their own Chamber,

and that this committee consist of Messrs. MAand proceeded to the consideration of Execu

son, Brown, and MARSHALL. tive business.

Resoloed, unanimously, That the members of the Senate, from a sincere desire of showing

every mark of respect due to the memory of FRIDAY, December 14.

HENRY TAZEWELL, deceased, late a member JOHN E. HOWARD, from the State of Mary thereof, will go into mourning for him one land, attended.

month, by the usual mode of wearing a crape

round the left arm. MONDAY, December 17.

Resolved, That the President of the Senate ALEXANDER MARTIN, from the State of North notify the Executive of Virginia of the death of Carolina, and JAMES HILLHOUSE, from the State | HENRY TAZEWELL, late Senator of that State for of Connecticut, severally attended.

the United States.

WEDNESDAY, December 19.

FRIDAY, January 25. FRANKLIN DAVENPORT, appointed a Senator The VICE PRESIDENT communicated the creby the Executive of the State of New Jersey, dentials of WILLIAM HILL WELLS, elected a Sen

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