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1799.] Proceedings. [senate.

SIXTH CONGRESS-FIRST SESSION.

BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 2 1799.

LIST OF MEMBERS.

SENATORS.
iFiste Hampshire.—John Langdon, B. Llvcrmorc.

Vermont— Nathaniel Chipman, Elijah Paine.
Massachusetts.—Samuel Dexter, Benjamin Goodhue.
Rhode Island.—Theodore Foster, Bay Greene.
Connecticut—James Hillhouse, Uriah Tracy.
Hew York.—John Laurancc, J. Watson.
Sew Jersey.—Jonathan Dayton, James Schureman.
Pennsylvania.—William Bingham, James Ross.
Delaware.—Henry Lattlmer, William H. Wlllea.
Maryland.—John K. Howard, James Lloyd.

Virginia.—Stevens T. Mason, Wilson C. Nicholas.
North Carolina.—Timothy Bloodworth, Jesse Franklin.
South Carolina.—Charles Pinckney, Jacob Bead.
Georgia.—A. Baldwin, James Gunn.
Tennessee.—Joseph Anderson, William Cocke.
Kentucky.—John Brown, Humphrey Marshall.

BEPBESENTATIVES.

New Hampshire.—Ablel Foster, Jonathan Freeman, William Gordon, James Sheafe.

Vermont.—Matthew Lyon, Lewis B. Morris.

Massachusetts.—Bailey Bartlett, Phanuel Bishop, Silas Lee, Levi Lincoln, Samuel Lyman, Harrison G. Otis, John Bead, T. Sedgwick, Samuel Bewail, George Thatcher, Joseph B. Varnum, P. Wadsworth, Lemuel Williams.

Rhode Island,—John Brown, C. G. Champlin.

Connecticut— Jonathan Brace, Samuel W. Dana, John

Davenport, William Edmond, C. Goodrich, SIzur Goodrich, Soger Grlswold.

New York.—Theodore Bailey, John Bird, William Cooper, Lucas Elmendorph, Henry Glenn, E. Livingston, Jonas Piatt, John Smith, John Thompson, Philip Van Cortlandt

Sew Jersey.—John Condtt, Franklin Davenport, James H. Imlay, Aaron Kitchell, James Linn.

Penntyleania.—Bobert Brown, Albert Gallatin, Andrew Gregg, John A. Hanna, Thomas Hartley, Joseph Heiater, John W. Klttera, Michael Leib, Peter Muhlenberg, John Bmilie, Richard Thomas, Bobert Wain, Henry Woods.

Delaware.—James A. Bayard.

Maryland.—George Baer, Gabriel Christie, William Cralk, John Dennis, George Dent, Joseph H. Nicholson, Samuel Smith, John C. Thomas.

Virginia,—Samuel J. Cabell, Matthew Clay, John Dawson, John Egglcston, Thomas Evans, Samuel Goode, Edwin Gray, David Holmes, John Geo. Jackson, Henry Lee, John Marshall, Anthony New, John Nicholas, Bobert Page, Josiah Parker, Levin Powell, John Bandolph, Abram Trigg, John Trigg.

North Carolina.—Willis Alston, Joseph Dixon, William B. Grove, Archibald Henderson, William H Hill, Nathaniel Macon, Richard D. Spalght, Bichard Stanford, David Stone, Bobert William*.

South Carolina,—& G. Harper, BenJ. Huger, Abraham Nott, Thomas Pinckney, John Butledge, Thomas Sumter.

Georgia.—James Jones, Benjamin Taliaferro.

Tennessee.—William 0. 0. Claiborne.

Kentucky.—Thomas T. Davis, John Fowler.

PROCEEDINGS IN THE SENATE.

Monday, December 2, 1799. The first session of the sixth Congress, conformably to tiie constitution, commenced this day, and the Senate assembled, in their Chamber, at the city of Philadelphia.

Pbesent:

John Lanqdon, from New Hampshire. Benjamin Goodhue, from Massachusetts. Theodore Foster, from Rhode Island. James Hillhouse and Uriah Tract, from Connecticut.

John Lauranoe and James Watson, from New York.

William Bingham, from Pennsylvania.

Humphrey Marshall, from Kentucky.

Jacob Read, from Sonth Carolina.

James Gunn, from Georgia.

Joseph Anderson, appointed a Senator by the State of Tennessee, for the remainder of the term for which their late Senator, Andrew JackSon, was appointed; Abraham Baldwin, appointed a Senator by the State of Georgia; John Bbown, appointed a Senator by the State

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of Kentucky; Samuel Dexter, appointed a Senator by the State of Massachusetts; Samuel Livermore, appointed a Senator by the State of New Hampshire; and William Hill Wells, appointed a Senator by the State of Delaware; severally produced their credentials, and took their seats in the Senate.

The Vice President being absent, the Senate proceeded to the election of a President pro tempore, as the constitution provides, and Samuel Liver Moke was chosen.

Ordered, That Mr. Read administer the oath required by law to the President of the Senate pro tempore.

The President administered the oath, as the law prescribes, to Messrs. Anderson, Baldwin, Brown, Dexter, and Wells.

Ordered, That the Secretary wait upon 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 Samuel Livermore, 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 Samuel LiverMore, President of the Senate pro tempore.

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

A message from the House of Representatives informed the Senate that a quorum of the House is assembled, and have elected Theodore SedgWick their Speaker.

Ordered, That Messrs. Read and Bingham, be a committee on the part of the Senate, together with such committee as the House of Representatives may appoint on their part, to wait on the President Of The United States, and notify him that a qnorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them.

The President communicated a letter signed John Trumbull, presenting to the Senate of the United States impressions of two prints of the American Revolution, which he had lately caused to be published; and the letter was read.

Ordered, That it lie on the table.

The Senate adjourned to 11 o'clock to-morrow morning.

Tuesday, December 3.

William Cocke, appointed a Senator by the State of Tennessee, and James Sohureman, appointed a Senator by the State of New Jersey, in the room of John Rutherfurd, resigned, severally produced their credentials, were qualified, and took their seats in the Senate.

Henry Latimer, from the State of Delaware,

and James Ross, from the State <!fPennsylvania, severally attended.

A message from the House of Representatives informed the Senate that a quorum of the Howe is assembled, and 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.

Mr. Read reported from the joint committee appointed for the purpose, that they had waited on the President Of The United States, and had notified him that a quornm of the two Houses of Congress are assembled; and thatthe President Of The United States, acquainted the committee, that ho would meet the two Houses, this day, at 12 o'clock, in the Chamber of the House of Representatives.

A message from the House of Representatives informed the Senate that the House are now ready to meet the Senate, in the Chamber ut* that House, to receive such communications as the President Of Tns 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:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

It is with peculiar satisfaction that I meet the siith Congress of the United States of America. Coming from all parts of the Union, at this critical and interesting period, the members mnst be fully possessed of the sentiments and wishes of our constituents.

The flattering prospects of abundance, from the labors of the people, by land and by sea; the prosperity of onr extended commerce, notwithstanding interruptions occasioned by the belligerent state of a great part of the world; the return of health, industry, and trade, to those cities which have lately been afflicted with disease ; and the various and inestimable advantages, civil and religions, which, secured under oor happy frame of Government, are continued to us unimpaired, demand, of the whole American people, sincere thanks to a benevolent Deity, for the meroftd dispensations of his providence.

But, while these numerous blessings are recollected, it is a painful duty to advert to the ungrateful return which has been made for them, by some of the people in certain counties of Pennsylvania, whore, sedoced by the arts and misrepresentations of designing men, they have openly resisted the law directing the valuation of houses and lands. Such defiance was given to the civil authority as rendered hopeless all farther attempts, by judicial process, to enforce the execution of the law; and it became necessary to direct a military force to be employed, consisting of some companies of regular troops, volunteers, and militia, by whose leal and activity, in co-operation with the judicial power, order nnd submission were restored, and many of the offenders arrested. Of these, some have been "december, 1799.]

convicted of misdemeanors, and others, charged with various crimes, remain to be tried.

To give dne effect to the civil administration of Government, and to ensure a just execution of the laws, a revision and amendment of the judiciary system is indispensably necessary. In this extensive country it cannot but happen that numerous questions respecting the interpretation of the laws, and the rights and duties of officers and citizens, must arise. On the one hand, the laws should be executed: on the other, individuals should be guarded from oppression. Neither of these objects is sufficiently assured under the present organization of the Judicial Department. I therefore earnestly recommend the subject to your serious consideration.

Persevering in the pacific and humane policy which had been invariably professed and sincerely pursued by the Executive authority of the United States, when indications were made on the part of the French Republic, of a disposition to accommodate the existing differences between the two countries, I felt it to be my duty to prepare for meeting their advances, by a nomination of ministers upon certain conditions, which the honor of our country dictated, and which its moderation had given a right to prescribe. The assurances which were required of the French Government, previous to the departure of our Envoys, have been given through their Minister of Foreign Relations, and I have directed them to proceed on their mission to Paris.* They have full power to conclude a treaty, subject to the constitutional advice and consent of the Senate. The characters of these gentlemen are sure pledges to their country that nothing incompatible with its honor or interest, nothing inconsistent with our obligations of good faith or friendship to any other nation, will be stipulated.

It appearing probable, from the information I received, that our commercial intercourse with some ports in the island of St. Domingo might safely be renewed, I took such steps as seemed to me expedient to ascertain that point The result being satisfactory, I then, in conformity with the act of Congress on the subject, directed the restraints and prohibitions of that intercourse to be discontinued, on terms which were made known by proclamation. Since the renewal of this intercourse, our citizens, trading to those ports, with their property, have been duly respected, and privateering from those ports has ceased.

The act of Congress relative to the seat of the Government of the United States, requiring that, on the first Monday of December next, it should be transferred from Philadelphia to the district chosen for its

* These assurances were given by the same Directory, and through the same Minister of Foreign Affairs, (Talleyrand,) wbo had refused to receive Messrs. Pinckney and Marshall; and, on receiving these assurances, another extraordinary mission of three eminent citizens was appointed to proceed to Paris. They were: Oliver Ellsworth, Chief Justice of the Supreme Court of the United States; William Richardson Davie, late Governor of the State of North Carolina; and William Vans Murray, U. 8. Minister Resident at the Hague. Before they arrived at Paris, the Revolution of the 16th Brumaire had occurred—tho Directorial Government overturned, the Consulate established, and Buonaparte at the hoad of affairs. He retained Talleyrand In the Foreign Ministry, and that astute and supple character conformed as readily to tho policy of the First

Consul, (peace with the United States,) as he had complied

with the contrary policy of the Directory.

"vol. II.—26

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permanent seat, it is proper for me to inform you that the Commissioners appointed to provide suitable build- ings for the accommodation of Congress and of the President, and for the public offices of the Government, have made a report of the state of the buildings designed for those purposes in the city of Washington; from which they conclude that the removal of the seat of Government to that place, at the time required, will be practicable, and the accommodations satisfactory. Their report will be laid before you.

At a period like the present, when momentous changes are occurring, and every hour is preparing new and great events in the political world, when a spirit of war is prevalent in almost every nation with whose affairs the interests of the United States have any connection, unsafe and precarious would be our situation were we to neglect the means of maintaining our just rights. The result of the mission to France is uncertain; but, however it may terminate, a steady perseverance in a system of national defence, commensurate with our resources and the situation of our country, is an obvious dictate of wisdom ; for, remotely as we are placed from the belligerent nations, and desirous as we are, by doing justice to all, to avoid offence to any, nothing short of the power of repelling aggressions will secure to our country a rational prospect of escaping the calamities of war, or national degradation. As to myself, it is my anxious desire so to execute the trust reposed in me, as to render the people of the United States prosperous and happy. I rely, with entire confidence, on your co-operation in objects equally your care; and that our mutual labors will serve to increase and confirm union among our fellow-citizens, and an unshaken attachment to our Government.

JOHN ADAMS. United Stat*, December 8, 1799.

Ordered, That Messrs. Ross, Read, andTBAOY, 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 Honses.

Ordered, That tho Speech of the President Of The United States, this day communicated to both Houses of Congress, be printed for the use of the Senate.

Retolved, That two Chaplains of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly.

The Senate proceeded to the appointment of a Chaplain to Congress on their part, and the Right Reverend Bishop White was unanimously elected.

Thursday, December 5. Jonathan Dayton, appointed a Senator by the State of Now Jersey, and Ray Greene, appointed a Senator by the State of Rhode Island, severally produced their credentials, were qualified, and took their seats in the Senate.

Monday, December 9. Elijah Paine, from the State of Vermont, attended.

The Senate proceeded to consider the report of the committee of the draft of an Address in Sejtate.]

Proceeding).

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, was adopted, as follows:

To the President of the United States:

Accept, sir, the respectful acknowledgments of the Senate of the United States, for your Speech delivered to both Houses of Congress at the opening of the present session.

While we devoutly join you in offering our thanks to Almighty God, for the return of health to our cities, and for the general prosperity of the country, we cannot refrain from lamenting that the arts and calumnies of factious, designing men, have excited open rebellion a second time in Pennsylvania; and thereby compelled the employment of military force to aid the civil authority in the execution of the laws. We rejoice that your vigilance, energy, and well-timed exertions, have crashed so daring an opposition, and prevented the spreading of such treasonable combinations. The promptitude and zeal displayed by the troops called to suppress this insurrection, deserve our highest commendation and praise, and afford a pleasing proof of the spirit and alacrity with which our fellow-citizens are ready to maintain the authority of our excellent Government.

Knowing, as we do, that the United States are sincerely anxious for a fair and liberal execution of the Treaty of Amity, Commerce, and Navigation, entered into with Great Britain, we learn, with regret, that the progress of adjustment has been interrupted, by a difference of opinion among the commissioners. We hope, however, that the justice, the moderation, and the obvious interests of both parties, will lead to satisfactory explanations, and that the business will then go forward to an amicable close of all differences and demands between the two countries. We are fully persuaded that the Legislature of the United States will cheerfully enable you to realize your assurances of performing, on our part, all engagements under our treaties, with punctuality, and the most scrupulous good faith.

When we reflect upon the uncertainty of the result of the late mission to France, and upon the uncommon nature, extent, and aspect, of the war now raging in Europe—which affects materially our relations with the powers at war, and which has changed the condition of their colonies in our neighborhood—we are of opinion, with you, that it would be neither wise nor safe to relax our measures of defence, or to lessen any of our preparations to repel aggression.

Our inquiries and attention shall be carefully directed to the various other important subjects which you have recommended to our consideration; and from our experience of your past administration, wo anticipate, with the highest confidence, your strenuous co operation in all measures which have a tendency to promote and extend our national interests and happiness.

SAMUEL LrVEKMORE, 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. Ross reported, from the committee, that they had waited on the President Of The United

[december, 1799.

States, and that he would receive the Address of the Senate to-morrow, at 12 o'clock, at his own house.

Whereupon, Resolved, That tho Senate will, tomorrow, at 12 o'clock, wait on the President Of The United States accordingly.

Tuesday, December 10. 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 to.

To which the President Of The United States made the following reply:

Gentlemen of the Senate:

I thank you for this Address. I wish you all possible success and satisfaction in your deliberations on tie means which have a tendency to promote and extend our national interests and happiness; and I assure you that, in all your measures directed to those great objects, you may, at all times, rely with the highest confidence on my cordial co-operation.

The praise of the Senate, so judiciously couferr*i on the promptitude and zeal of the troops, called to suppress the insurrection, as it falls from so high authority, must make a deep impression, both as a terror to the disobedient, and an encouragement of such as do well

JOHN ADAMS. United States, December 10, 1799.

The Senate returned to their own Chamber, and proceeded to the consideration of Executive business.

Wednesday, December 11. Nathaniel Chipman, from the State of Vermont, attended.

Thttbsday, December 12. Jakes Lloyd, from the State of Maryland, attended.

Tuesday, December 17. Mr. Tracy, from the committee to whom was referred the letter signed John Trumbull, of 20th September, 1798, reported a resolution, which was adopted, as follows:

Resolved, That the Senate of the United States accept the prints presented by John Trumbull, Esq., and that their President be requested to inform hie, that while they respect the delicacy which dictated the manner of offering this elegant present, they consider their country honored by the genius of one of her sons, by whom these prints are happily designed, to perpetuate two memorable scenes in her progress to independence, and to preserve in lively recollection the names and virtues of heroes who fell in her defence.

Thursday, December 19. The following Message was received from the President Of The United States:

Proceedings.

December, 1799.]

Gentlemen of the Senate, and

Gentlemen of the Home of Representative*:

The letter herewith transmitted will inform you that it has pleased Divine Providence to remove from this life our excellent fellow-citizen George WashIngton, by the parity of his character, and a long scries of services to his country, rendered illustrious through the world. It remains for an affectionate and grateful^people, in whose hearts he can never die, to pay suitable honors to his memory.

JOHN ADAMS.

United States, December 19, 1799.

The Massage and letter were read and ordered to lie for consideration.

A message from the House of Representatives informed the Senate that the House having received intelligence of the death of their highlyvalued fellow-citizen, General Geobge WashIngton, and sharing the universal grief this distressing event must produce, have resolved that a joint committee be appointed, to report measures suitable to the occasion, and expressive of the profound sorrow with which Congress is penetrated on the loss of a citizen, first in war, first in peace, and first in the hearts of his countrymen; and, having appointed a committee on their part, desire the concurrence of the Senate.

The Senate proceeded to consider the foregoing resolution of the House of Representatives; whereupon,

Resohed, That they do concur therein, and that Messrs. Dayton, Bingham, Dexter, Gtwx, Lav/rance, Tract, and Read, be the committee on the part of the Senate.

Retohed, That the Senate will wait on the President Of The United States, to condole with him on the distressing event of the death of General George Washington; and that a committee be appointed to prepare, for that occasion, an Address to the President Of The United States, expressive of the deep regret of the Senate; and that this committee consist of Messrs. Dexter, Ross, and Read.

Resohed, That the chairs in the Senate Chamber be covered, and the room hung with black, and that each member, and the officers of the Senate, go into mourning, by the usual mode of wearing a crape round the left arm, during the session.

Monday, December 23.

Timothy Bloodworth, from the State of North Carolina, and John E. Howard, from the State of Marvland, severally attended.

Mr. Dexteb, from the committee appointed for the purpose on the 18th instant, reported the draft of an Address to the President Of Tiie United States, on the death of General George Washington; which being read in paragraphs, was adopted, as follows:

To the President of the United Statu:

The Senate of the United Statos respectfully take leave, sir, to express to you their deep regret for the

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loss their country sustains in the death of General George Washington.

This event, so distressing to all our fellow-citizens, must be peculiarly heavy to you, who have long been associated with him in deeds of patriotism. Permit us, sir, to mingle our tears with yours; on this occasion it is manly to weep. To lose such a man, at such a crisis, is no common calamity to the world. Our Country mourns her Father. The Almighty Disposer of human events has taken from us our greatest benefactor and ornament. »It becomes us to submit with reverence to Him whJ "maketh darkness his pavilion."

With patriotic pride, we review the life of our Washington, and compare him with those of other countries, who have been pre-eminent in fame. Ancient and modern names are diminished before him. Greatness and guilt have too often been allied; but his fame is whiter than it is brilliant. The destroyers of nations stood abashed at the majesty of his virtues. It reproved the intemperance of their ambition, and darkened the splendor of victory. The scene is closed, and we are no longer anxious lest misfortune should sully his glory; he has travelled on to the end of his journey, and carried with him an increasing weight of honor; he has deposited it safely, where misfortune cannot tarnish it, where malice cannot blast it. Favored of heaven, he departed without exhibiting the weakness of humanity. Magnanimous in death, the darkness of the grave could not obscure his brightness.

Such was the man whom we deplore. Thanks to God! his glory is consummated; Washington yet lives—on earth in his spotless example—his spirit is, in heaven.

Let his countrymen consecrate the memory of the heroic General, the patriotic Statesman, and the virtuous Sage; let them teach their children never to forget that the fruit of his labors and his example are their inheritance.

SAMUEL LIVERMORE,
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 Bhould be presented.

Mr. Dexter reported, from the committee, that they had waited on the President Of Thb United States, and that he had acquainted them that he would receive the Address of the Senate immediately, at his own house.

Whereapon, the Senate waited on the PresiDent Of Toe United States, and the President of the Senate, in their name, presented the Address this day agreed to.

To which the President Of The United States made the following reply:

Gentlemen of the Senate:

I receive with the most respectful and affectionate sentiments, in this impressive address, the obliging expressions of your regard for the loss our country has sustained in the death of her most esteemed, beloved, and admired citizen.

In the multitude of my thoughts and recollections on this melancholy event, you will permit me only to say, that I have seen him in the days of adversity

Proceeding!.

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