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SENATE.]

Proceedings.

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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 31, nays 15, 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:

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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 nega

tive.

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.

[FEBRUARY, 1799.

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

either 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 be

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MARCH, 1799.]

Proceedings.

[SENATE.

ing administered to him, he took his seat in the | the question on the final passage of the bill was
Senate.
determined in the affirmative-yeas 16, nays 12,
as follows:

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: '

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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

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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.

of the bill, it was determined in the affirmative On the question to agree to the third reading -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.

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present:

From New Hampshire.-ABIEL FOSTER, JONAthan Freeman, WILLIAM GORDON, and PELEG SPRAGUE.

From Massachusetts.-DWIGHT FOSTER, SAMUEL LYMAN, HARRISON G. OTIS, GEO. THATCHEE, JOSEPH B. VARNUM, and PELEG WADSWORTH.

From Rhode Island.-THOMAS TILLINGHAST. From Connecticut. - SAMUEL W. DANA, CHAUNCEY GOODRICH, and ROGER Griswold,

From New York.-DAVID BROOKS, HENRY GLENN, JONATHAN N. HAVENS, and HEZEKIAH L. HOSMER.

From New Jersey.-JONATHAN DAYTON, (the Speaker.)

From Pennsylvania.--DAVID BARD, JOHN CHAPMAN, WILLIAM FINDLAY, ALBERT GALLATIN, JOHN A. HANNA, BLAIR MCCLENACHAN, and RICHARD THOMAS.

From Maryland.-GEORGE Dent. From Virginia.-JOHN CLOPTON, JOHN DAWSON, DAVID HOLMES, JAMES MACHIR, and DANIEL MORGAN.

From North Carolina.-MATTHEW LOOKE, NATHANIEL MACON, and RICHARD STANFORD. From Tennessee.-WILLIAM CHARLES COLE CLAIBORNE.

From Georgia.-ABRAHAM BALDWIN.

Three new members, to wit: JONATHAN BRACE, returned to serve in this House as a member for Connecticut, in the room of Joshua Coit, deceased; ROBERT WALN, returned to serve as a member for Pennsylvania, in the room of John Swanwick, deceased; and JOSEPH EGGLESTON, returned to serve as a member for Virginia, in the room of William B. Giles, who has resigned his seat; appeared, produced their credentials, and took their seats in the House.

A little after 12 o'clock the SPEAKER of the House took his chair, the names of all the members were called over by the Clerk, and there appearing only forty persons, (fourteen short of a quorum,) a motion was made to adjourn, and the House adjourned accordingly till to-morrow

at 11 o'clock.

TUESDAY, December 4.

chusetts, STEPHEN BULLOCK; from New Jersey, Several other members, to wit: from MassaJAMES H. IMLAY; from Pennsylvania, JOHN BAER, Jr., WILLIAM CRAIK, and SAMUEL SMITH; WILKES KITTERA; from Maryland, GEORGE from Virginia, ANTHONY NEW, ABRAM TRIGG, North Carolina, THOMAS BLOUNT; and from JOHN TRIGG, and ABRAHAM VENABLE; from South Carolina, WILLIAM SMITH; appeared and took their seats in the House.

A new member, to wit: ROBERT BROWN, rePennsylvania, in the room of Samuel Sitgreaves, turned to serve in this House as a member for appointed a Commissioner of the United States under the sixth article of the Treaty of Amity, Commerce, and Navigation, with Great Britain, appeared, and took his seat in the House.

present, the House adjourned. But a quorum of the whole number not being

WEDNESDAY, December 5.

Several other members, to wit: from Massa chusetts, ISAAC PARKER, JOHN READ, SAMUEL ticut, NATHANIEL SMITH; from New York, LuSEWALL, and WILLIAM SHEPARD; from ConnecWILLIAMS; from New Jersey, JAMES SCHURECAS ÉLMENDORF, JOHN E. VAN ALEN, and JOHN MAN; and from South Carolina, ROBERT GOODLOE HARPER and JOHN RUTLEDGE, Jr., appeared, and took their seats in the House.

whole number, being present,
And a quorum consisting of a majority of the

stitution of the United States, as prescribed by
The oath or affirmation, to support the Con-
the act, entitled "An act to regulate the time

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and manner of administering certain oaths," was administered by Mr. SPEAKER to the following new members, to wit: JONATHAN BRACE, ROBERT BROWN, ROBERT WALN, and JOSEPH EGGLESTON, who took their seats in the House on the third and fourth instant.

Ordered, That a message be sent to the Senate to inform them that a quorum of this House is assembled, and ready to proceed to business.

SATURDAY, December 8.

Several other members, to wit: from Connecticut, WILLIAM EDMOND; from Maryland, JOHN DENNIS and WILLIAM HINDMAN; and from Virginia, THOMAS EVANS and WALTER JONES, appeared and took their seats in the House.

The House having been called to order, and the journal read, the SPEAKER observed that the hour was nearly arrived at which the President had proposed to make his communications to both Houses, and read a resolution which was usually entered into on such occasions, informing the Senate that this House is formed, and ready to receive any communications which the President may be pleased to make to them. The resolution was adopted, and a message having been sent to the Senate therewith, the members soon after entered and took the places prepared for them.

At twelve o'clock, Lieutenant General WASHINGTON, with his Secretary, Colonel LEAR, jor Generals PINCKNEY and HAMILTON, entered the Hall, and took their places on the right of the SPEAKER'S chair. The British and Portuguese Ministers, and the British and Danish Consuls, with their Secretaries, had their places assigned them on the left of the chair.

President's Speech.

[H. OF R

laws of the respective States; for, these being formed on the idea that contagious sickness may be communicated through the channels of commerce, there seems to be a necessity that Congress, who alone can regulate trade, should frame a system which, while it may tend to preserve the general health, may be compatible with the interests of commerce and the safety of the revenue.

While we think on this calamity, and sympathize with the immediate sufferers, we have abundant reason to present to the Supreme Being our annual oblations of gratitude for a liberal participation in the ordinary blessings of His Providence. To the usual subjects of gratitude, I cannot omit to add one of the first importance to our well-being and safety: I mean that spirit which has arisen in our country against the menaces and aggression of a foreign nation. A manly sense of national honor, dignity, and independence, has appeared, which, if encouraged and invigorated by every branch of the Government, will enable us to view, undismayed, the enterprises of any foreign power, and become the sure foundation of national prosperity and glory.

United States and France, which have come to my The course of the transactions in relation to the knowledge during your recess, will be made the subject of a future communication. That communication will confirm the ultimate failure of the measures which have been taken by the Government of the United States towards an amicable adjustment of differences with that power. You will, at the same time, perceive that the French Government appears solicitous to impress the opinion that it is averse to a rupture with this country, and that it has, in a Ma-qualified manner, declared itself willing to receive a Minister from the United States, for the purpose of restoring a good understanding. It is unfortunate for professions of this kind that they should be expressed in terms which may countenance the inadmissible pretension of a right to prescribe the qualifications which a Minister of the United States should possess; and that while France is asserting the existence of a disposition, on her part, to conciliate with sincerity the differences which have arisen, the sincerity of a like disposition on the part of the United States, of which so many demonstrative proofs have been given, should even be indirectly questioned. It is also worthy of observation that the decree of the Directory, alleged to be intended to restrain the depredations of French cruisers on our commerce, has not given, and cannot give, any relief; it enjoins them to conform to all the laws of France relative to cruising and prizes, while these laws are themselves the sources of the depredation of which we have so long, so justly, and so fruitlessly complained.

A few minutes after 12, the PRESIDENT OF THE UNITED STATES, accompanied by his Secretary, and the Heads of the several Departments of the Government, appeared. The PRESIDENT having taken his seat, and the officers of Government theirs, near the general officers, he rose and addressed the two Houses as follows:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives : While with reverence and resignation we contemplate the dispensations of Divine Providence, in the alarming and destructive pestilence with which several of our cities and towns have been visited, there is cause for gratitude and mutual congratulations that the malady has disappeared, and that we are again permitted to assemble in safety at the seat of Government, for the discharge of our important duties. But, when we reflect that this fatal disorder has, within a few years, made repeated ravages in some of our principal seaports, and with increased malignancy; and, when we consider the magnitude of the evils arising from the interruption of public and private business, whereby the national interests are deeply affected, I think it my duty to invite the Legislature of the Union to examine the expediency of establishing suitable regulations in aid of the health

The law of France enacted in January last, which subjects to capture and condemnation neutral vessels and their cargoes, if any portion of the latter are of British fabric or produce, although the entire property belongs to neutrals, instead of being rescinded, has lately received a confirmation, by the failure of a proposition for its repeal. While this law, which is an unequivocal act of war on the commerce of the nations it attacks, continues in force, those nations can see in the French Government only a power regardless of their essential rights, of their independence and sovereignty; and, if they possess the means, they can reconcile nothing with their interests and honor but a firm resistance.

Hitherto, therefore, nothing is discoverable in the conduct of Franco which ought to change or relax

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[DECEMBER, 1798.

standing the unexampled embarrassments which have attended commerce. When you reflect on the conspicuous examples of a patriotism and liberality which have been exhibited by our mercantile fellow-citizens, and how great a proportion of the public resources depends on their enterprise, you will naturally consider, whether their convenience cannot be promoted and reconciled with the security of the revenue, by a revision of the system by which the collection is at present regulated.

During your recess, measures have been steadily pursued for effecting the valuations and returns directed by the act of the last session preliminary to the assessment and collection of a direct tax. No other delays or obstacles have been experienced excost such as were expected to arise from the great extent of our country, and the magnitude and novelty of the operation, and enough has been accomplished to assure a fulfilment of the views of the Legislature.

Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

I cannot close this Address, without once more adverting to our political situation, and inculcating the of our dearest interests: and I trust that, by the essential importance of uniting in the maintenance temper and wisdom of your proceedings, and by a harmony of measures, we shall secure to our country that weight and respect to which it is so justly

entitled.

JOHN ADAMS. UNITED STATES, December 8, 1798.

But, in demonstrating by our conduct that we do not fear war, in the necessary protection of our rights and honor, we shall give no room to infer that we abandon the desire of peace. An efficient prepara- | tion for war can alone ensure peace. It is peace that we have uniformly and perseveringly cultivated, and harmony between us and France may be restore 1 at her option. But to send another Minister, without more determinate assurances that he would be received, would be an act of humiliation to which the United States ought not to submit. It must, therefore, be left to France, if she is indeed desirous of accommodation, to take the requisite steps. The United States will steadily observe the maxims by which they have hitherto been governed. They will respect the sacred rites of embassy. And with a sincere disposition on the part of France to desist from hostility, to make reparation for the injuries heretofore inflicted on our commerce, and to do justice in future, there will be no obstacle to the restoration of a friendly intercourse. In making to you this declaration, I give a pledge to France and to the world that the Executive authority of this country still adheres to the humane and pacific policy which has invariably governed its proceedings, in conformity with the wishes of the other branches of the Government and of the people of the United States. But considering the late manifestations of her policy towards foreign nations, I deem it a duty deliberately and solemnly to declare my opinion, that, whether we negotiate with her or not, vigorous preparations for war will be alike indispensable. These alone will give to us an equal treaty, and ensure its observance, Among the measures of preparation which appear expedient, I take the liberty to recall your attention to the Naval Establishment. The beneficial effects of the small naval armament provided under the acts of the last session, are known and acknowledged. Perhaps no country ever experienced more sudden and remarkable advantages from any measure of policy than we have derived from the arming for our maritime protection and defence We ought, without loss of time, to lay the foundation for an increase of our Navy to a size sufficient to guard our coast, and protect our trade. Such a naval force as it is doubtless in the power of the United States to create and maintain, would also afford to them the best means of general defence, the safe transportation of troops and stores to every part of our extensive coast. To accomplish this important object, a prudent fore-him sight requires that systematical measures be adopted for procuring, at all times, the requisite timber and other supplies. In what manner this shall be done, I leave to your consideration.

Gentlemen of the House of Representatives:

The PRESIDENT having finished his Address, after sitting a few moments, presented the President of the Senate and Speaker of the House of Representatives, each of them, with a copy of it, and withdrew, and after him the Heads of Departments, Senators, general officers, foreign Ministers, &c. The SPEAKER then took his chair, and after calling the House to order, proceeded, as is usual, to read over the Speech, which being finished, it was committed to a Committee of the whole House for Monday, and ordered to be printed. The House then adjourned.

MONDAY, December 10,

A new member, to wit: RICHARD DOBBS SPAIGHT, returned to serve in this House as a member for North Carolina, in the room of Nathan Bryan, deceased, appeared, produced his credentials, and took his seat in the House; the oath to support the Constitution of the United States having been first administered to by the SPEAKER.

Address to the President.

On motion, the House resolved itself into a Committee of the Whole on the Speech of the PRESIDENT OF THE UNITED STATES, Mr. DENT in the chair; when

Mr. SPRAGUE proposed for adoption the folre-lowing resolution:

I have directed an estimate of the appropriations which will be necessary for the service of the ensuing year to be laid before you, accompanied with a view of the public receipts and expenditures to a cent period. It will afford you satisfaction to infer the great extent and solidity of the public resources, from the prosperous state of the finances, notwith

Resolved, That it is the opinion of this committee, that a respectful Address ought to be presented by the House of Representatives to the PRESIDENT OF

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