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[H. OD R.

(H. OF R.

SIXTH CONGRESS.—FIRST SESSION.

PROCEEDINGS AND DEBATES

THE HOUSE OF REPRESENTATIVES.

MONDAY, December 2, 1799.

i From North Carolina.-WILLIS ALSTON.

JOSEPH DICKSON, ARCHIBALD HENDERSON, WiThis being the constitutional day for the

LIAM H. HILL, NATHANIEL MACON, RICHARD annual meeting of Congress, the following mem

STANFORD, and David STONE. bers of the House of Representatives appeared,

From South Carolina.-ROBERT GOODLOE produced their credentials, and took their seats,

HARPER, ABRAHAM NOTT, JOHN RUTLEDGE, Jr., viz: From Nero Hampshire.—ABIEL FOSTER. JONA-I and THOMAS SUMTER.

From Georgia.JAMES JONES, BENJAMIN TALTHAN FREEMAN, and WILLIAM GORDON.

IAFERRO.
From Massachusetts. - BAILEY BARTLETT,
PHANUEL BISHOP, DWIGHT FOSTER, HARRISON

* From Tennessee.-WILLIAM CHARLES COLE

CLAIBORNE. G: OTIS, SILAS LEE, SAMUEL LYMAN, JOHN

A quorum of the whole number of members REED, SAMUEL SEWALL, THEODORE SEDGWICK,

| being present, the House proceeded to the elecWILLIAM SHEPARD, GEORGE THATOHER, JOSEPH

|tion of a SPEAKER; when, on counting the balB. VARNUM, PELEG WADSWORTH, and LEMUEL

lots, the tellers reported that Mr. SEDGWICK had WILLIAMS.

42 votes; Mr.MAOON, 27; Mr. DENT, 13; Mr. From Connecticut.-JONATHAN BRACE, SAMUEL

RUTLEDGE, 2; Mr. SUNTER, 1. W. DANA, JOHN DAVENPORT, WILLIAM EDMOND,

That the whole number of votes was 85, and CHAUNOEY GOODRICH, ELIZUR GOODRICH, and

the rules of the House requiring a majority of ROGER GRISWOLD. From Rhode Island.—John Brown, and CHRIS

the members present to constitute à choice,

neither of the above gentlemen were elected. TOPHER G. CHAMPLIN. From Vermont.--MATTHEW Lyon, and LEWIS when Mr. SEDGWICK had 44 votes; Mr. MACON,

| The House then proceeded to a second trial; R. MORRIS.

38 ; Mr. DENT, 3; Mr. RUTLEDGE, 1. From Nero York.—THEODORUS BAILEY, John

Whereupon Mr. SEDGWICK was declared duly BIRD, WILLIAM COOPER, LUOAS ELMENDORPA, looted

ENDORPNI: elected, and conducted to the chair accordingly. HENRY GLENN, EDWARD LIVINGSTON, JONAS

Mr. SEDGWICK, upon taking the chair, adPlatt, JOIN THOMPSON, and PhilIP Van Cort-l drea

"CORTdressed the House in the following words: LANDT. From New Jersey.JOAN CONDIT, FRANKLIN

“GENTLEMEN : Although I am conscious of a deDAVENPORT, JAMES H. IMLAY, AARON KITCHELL,

u ficiency of the talents which are desirable to dis

charge with usefulness and dignity the important and JAMES LINN.

duties of the high station to which I am raised, by From Pennsylvania.-ROBERT Brown, An

WN, AN the generous regard of the enlightened and virtuous DREW GREGG, ALBERT GALLATIN, JOHN A. representatives of my country, vet, reposing myself HANNA, JOSEPH HEISTER, JOHN WILKES KITTERA, on the energy of their candid support, I will not MICHAEL LEIB, PETER MUHLENBERG,JOHN SMILIE, shrink from the attempt. RICHARD THOMAS, ROBERT WALN, and HENRY "Accept, I pray you, gentlemen, my grateful acWOODS.

knowledgment of the honor you are pleased to conFrom Maryland.-GEORGE Baer, WILLIAM fer; and, with it, an assurance, that no consideration CrAlk, GABRIEL CHRISTIE, GEORGE DENT, shall seduce me to deviate, in the least degree, from JOSEPH H. NICHOLSON, SAMUEL SMITH, and a direct line of impartial integrity.” JOHN CHEW THOMAS.

| A message was received from the Senate, inFrom Virginia. - JOHN Dawson, THOMAS forming the House that, a sufficient number of EVANS, David HOLMES, GEORGE JACKSON, JOHN members appearing to form a quorum, they had MARSHALL, JOIN NICHOLAS, ANTHONY New, proceeded to the choice of a President pro LEVEN POWELL, JOHN RANDOLPH, ABRAM TRIGG, tempore, when Hon. SAMUEL LIVERMORE was and JOHN TRIGG.

Telected.

H. OF R.]

Proceedings.

[DECEMBER, 1799. The House proceeded to the choice of a Clerk; 1 Resolved, That the rules and orders of prowhen it appeared JONATHAN W. CONDY had ceeding established by the late House of Repre 47 votes, JOHN BEOKLEY, 89.

sentatives, shall be deemed and taken to be the Whereupon Mr. CONDY was declared by the rules and orders of proceeding to be observed SPEAKER to be duly elected.

in this House, until a revision or alteration of Ordered, That a message be sent to the Senate, the same shall take place. to inform that body of the election of the Hon. Resoloed, That each member be furnished with THEODOPE SEDGWICK, as SPEAKER of the House three newspapers, printed in this city, during of Representatives.

the session, at the expense of this House. On motion of Mr. Macon, the House proceed Mr. MARSHALL, from the joint committee aped to the choice of a Sergeant-at-Arms, Door- pointed to wait on the PRESIDENT OF THE UNkeeper, and Assistant Doorkeeper; when Jo- TED STATES, reported, that they had performed SEPA WHEATON, THOMAS CLAXTON, and THOMAS that service; and that the PRESIDENT had apDUNN, were ananimously elected.

pointed to-morrow forenoon, 12 o'clock, to The oath to support the Constitution of the meet both Houses in the Representatives' ChamUnited States, as prescribed by the act, entitled ber. “ An act to regulate the time and manner of The House then adjourned, till to-morrow administering certain oaths," was administered morning at eleven o'clock. by Mr. RUTLEDGE, one of the Representatives for the State of South Carolina, to the SPEAKER,

TUESDAY, December 3. and then the same oath or affirmation was ad

JAMES A. BAYARD, from Delaware, appeared ministered by Mr. SPEAKER to each of the mem- produced his credentials, was qualified, and took bers present.

his seat in the House. WILLIAM HENRY HARRISON having also appeared, as a Representative for the territory of

President's Speech. the United States north-west of the river Ohio, ! Ordered, That a message be sent to the Senthe said oath was administered to himn by Mr. ate to inform them that this House is now ready SPEAKER.

to attend them in receiving the communication The same affirmation, together with the from the PRESIDENT OF THE UNITED STATES, affirmation of office prescribed by the said re- agreeably to his notification to both Houses cited act, were also administered by Mr. SPEAK- | yesterday. ER to the Clerk.

The Senate attended and took seats in the A message was received from the Senate, in- House; when, both Houses being assembled, the forming the House, that they had passed a reso- PRESIDENT OF THE UNITED STATES came into lution, appointing a joint committee to wait on the Representatives' Chamber, and addressed the PRESIDENT OF THE UNITED STATES, and in- them as follows. (For the Speech, see Senate form him that Congress had met and were ready I proceedings, ante.) to receive any communications he might think | The PRESIDENT OF THE UNITED STATES then proper to make; and, in case of concurrence, withdrew and the two Houses separated. that Messrs. READ and BINGHAM were appoint- A copy of the Speech being delivered by the ed a committee on behalf of the Senate. PRESIDENT to the SPEAKER, and read by the

The House concurred in the resolution, and Clerk, it was ordered, that it be committed to Messrs. MARSHALL, RUTLEDGE, and SEWALL, a Committee of the whole House to-morrow, were appointed to wait on the PRESIDENT, in conjunction with the committee from the Senate.

WEDNESDAY, December 4. The following letter was read by the SPEAKER. Mr. LIVINGSTON said he conceived some notice 72 WELBECK-STREET, LONDON

ought to be taken of the letter received from September 20, 1798.

| Mr. TRUMBULL, and therefore moved that it be SIR: I beg leave, through you, to offer to the referred to a select committee. Agreed to, House of Representatives of the United States, im- and Messrs. LIVINGSTON, TALIAFERRO, and Hui pressions of the two prints of the American Revolu- were appointed. tion, which I have lately caused to be published. * The importance of the events, and the illustrious

The President's Speech. characters of the two great men to whose memory

| The House went into a Committee of the they are particularly devoted, give to these works Whole on the PRESIDENT's Speech, Mr. Rottheir best claim to your notice; and the patriotism LEDGE in the chair. The Speech having been of my countrymen, I trust, will give them a kinder read, reception than their intrinsic merit might entitleme Mr. MARSHALL moved the following resoloto hope.

tion, which was agreed to by the committee, With great respect, I have the honor to be, sir, I viz: your most obedient, humble servant,

JNO. TRUMBULL.

Resolved, That it is the opinion of this committee, The SPEAKER of the House of Reps. U.S.

that a respectful Address ought to be presented by

Montgomery; second, the Battle of Bunker's Hill-both * The prints referred to by Mr. Trumbull, in his letter to elegant engravings. They are placed on the right and left the Spoaker of the House of Representatives, are, first, a of the Speaker's chair, and are highly ornamental to the representation of the Battle of Quebec, and death of General | Representativas' Chamber.

DECEMBER, 1799.]
Address to the President.

(H. OF R. the House of Representatives to the President of the to us unimpaired, we cannot fail to offer up to the beUnited States, in answer to his Speech to both Houses nevolent Deity our sincere thanks for these the merciof Congress, on the opening of the present session, ful dispensations of his protecting Providence. containing assurances that this House will duly at- That any portion of the people of America should tend to the important objects recommended by him permit themselves, amid such numerous blessings, to to their consideration.

| be seduced by the arts and misrepresentations of designThe committee rose, and the resolution hav- | ing men into an open resistance of a law of the United ing been agreed to by the House, Messrs. MAR

States, cannot be heard without deep and serious reSHALL, RUTLEDGE, SEWALL, LIVINGSTON, and

gret. Under a constitution where the public burdens NICHOLAS, were appointed a committee to

can only be imposed by the people themselves, for draft the Address.

their own benefit, and to promote their own objects, a hope might well have been indulged that the gene

ral interest would have been too well understood, and FRIDAY, December 6.

the general welfare too highly prized, to have pro

duced in any of our citizens a disposition to hazard Mr. MARSHALL, from the committee appoint

aittee appoint. so much felicity, by the criminal effort of a part, to ed to draft an Address in answer to the Speech oppose with lawless violence the will of the whole. of the PRESIDENT OF THE UNITED STATES, at while we lament that depravity which could produce the commencement of the present session, re- a defiance of the civil authority, and render indispenported the same, which was committed to a sable the aid of the military force of the nation, real Committee of the Whole on Monday next, and consolation is to be derived from the promptness and ordered to be printed.

fidelity with which that aid was afforded. That zeaMr. LIVINGSTON, from the committee to whom lous and active co-operation with the judicial power, was referred the letter of Mr. Trumbull, report

of the volunteers and militia called into service, which ed the following resolution, which was adopted

has restored order and submission to the laws, is a by the House:

pleasing evidence of the attachment of our fellow

citizens to their own free Government, and of the " Resolved, that the two elegant prints offered by truly patriotic alacrity with which they will supMr. Trumbull, be accepted; and that the Speaker

port it. be instructed to write an answer, expressive of the To give due effect to the civil administration of pleasure with which this House has observed his

Government, and to ensure a just execution of the genius and talents exerted in the patriotic task of laws, are objects of such real magnitude as to secelebrating the events which led to his country's

cure proper attention to your recommendation of a independence, and dedicated to the memory of those

revision and amendment of the judiciary system. heroes who fell in its defence.”

Highly approving, as we do, the pacific and hu.

mane policy which has been invariably professed MONDAY, December 9.

and sincerely pursued by the Executive authority of

the United States, a policy which our best interests Josiah PARKER and ROBERT Page, from Vir

enjoined and of which honor has permitted the obginia, appeared, produced their credentials, were servance, we consider as the most unequivocal proof of qualified, and took their seats.

your inflexible perseverance in the same well chosen

system, your preparation to meet the first indications Address to the President.

on the part of the French Republic, of a disposition The House resolved itself into a Committee to accommodate the existing differences between the of the Whole, on the Address to be presented two countries, by a nomination of Ministers on cer. to the PRESIDENT OF THE UNITED STATES in an

tain conditions, which the honor of our country un. swer to his Speech to both Houses, at the com

questionably dictated, and which its moderation had mencement of the present session.

certainly given it a right to prescribe. When the

assurances thus required of the French Government, Mr. Gregg moved, that the words distin

previous to the departure of our Envoys, had been guished by italics, in the third and fourth lines

given through their Minister of Foreign Relations, of the second paragraph of the Address, be the direction that they should proceed on their misstruck out, and that the words “act in " be in

sion, was, on your part, a completion of the measure, serted in their stead; which produced a short and manifests the sincerity with which it was comdebate, and was finally negatived.

menced. We offer up our fervent prayers to the SuThe committee then rose, and the Address preme Ruler of the Universe for the success of their was reported without amendment; and was embassy, and that it may be productive of peace and agreed to by the House, in the words following, happiness to our common country. The uniform

tenor of your conduct, through a life useful to your

fellow-citizens and honorable to yourself, gives & To the President of the United States :

sure pledge of the sincerity with which the avowed Sir: While the House of Representatives contem- objects of the negotiation will be pur

| objects of the negotiation will be pursued on your part, plate the flattering prospects of abundance from the and we earnestly pray that similar dispositions may labors of the people, by land and by sea, the prosper- be displayed on the part of France. The differences ity of our extended commerce, notwithstanding the which unfortunately subsist between the two nations, interruptions occasioned by the belligerent state of a cannot fail, in that event, to be happily terminated. great part of the world, the return of health, indus- To produce this end, to all so desirable, firmness, try and trade, to those cities which have lately been moderation, and union at home, constitute, we are afflicted with disease, and the various and inesti- persuaded, the surest means. The character of the mable advantages, civil and religious, which, secured gentlemen you have deputed, and still more, the ander our happy frame of Government, are continued character of the Government which deputes them,

viz:

H. of R.]

Proceedings.

[DECEMBER, 1739 are safe pledges to their country, that nothing in the parent of wisdom, and the great instructor of me compatible with its honor or interest, nothing incon tions, has established the truth of your position, that, sistent with our obligations of good faith or friend remotely as we are placed from the belligerent de ship to any other nation, will be stipulated.

tions, and desirous as we are, by doing justice to all, We learn, with pleasure, that our citizens, with to avoid offence to any, yet nothing short of the their property, trading to those ports of St. Domingo power of repelling aggressions will secure to ou with which commercial intercourse has been renewed, country a rational prospect of escaping the calamities have been duly respected, and that privateering from of war or national degradation, those ports has ceased.

In the progress of the session, we shall take inta With you, we sincerely regret that the execution our serious consideration the various and importaes of the sixth article of the Treaty of Amity, Commerce, matters recommended to our attention. and Navigation, with Great Britain, an article pro- A life devoted to the service of your country, talents duced by a mutual spirit of amity and justice, should and integrity which have so justly acquired and o have been unavoidably interrupted. We doubt not the long retained the confidence and affection of your felsame spirit of amity, and the same sense of justice in low-citizens, attest the sincerity of your declaration, which it originated, will lead to satisfactory explana- that it is your anxious desire so to execute the trust tions; and we hear with approbation that our Minis- reposed in you as to render the people of the United ter at London will be immediately instructed to ob- States prosperous and happy. tain them. While the engagements which America R esolved that the SPEAKER, attended by the has contracted by her treaty with Great Britain, Hong

ain, House, do present the said Address. ought to be fulfilled with that scrupulous punctuality

Messrs. MARSHALL, RUTLEDGE, and SEWALL and good faith to which our Government has ever

were appointed a committee to wait on the 80 tenaciously adhered, yet no motive exists to induce, and every principle forbids us to adopt a

PRESIDENT, to know when and where he would construction which might extend them beyond the

be ready to receive the Address; and having instrument by which they are created. We cherish

performed that service, reported, that the the hope that the Government of Great Britain will PRESIDENT had appointed to-morrow, two disclaim such extension, and by cordially uniting o'clock, for that purpose, at his own house. with that of the United States for the removal of all difficulties, will soon enable the boards appointed

Delegate from North-west Territory. under the sixth and seventh articles of our treaty Ordered, That the credentials of WILLIAM with that nation, to proceed, and bring the business HENRY HARRISON, who has appeared as a Delecommitted to them respectively to a satisfactory gate from the territory of the United States conclusion,

north-west of the river Ohio, be referred to the The buildings for the accommodation of Congress, | Committee of Elections: and that they be and of the President, and for the public offices of dire

onces of directed to report whether the Territory is enthe Government at its permanent seat, being in such

| titled to elect a Delegate who may have a seat & state as to admit of a removal to that District by the

be in this House. time prescribed by the act of Congress, no obstacle, it is presumed, will exist to a compliance with the

TUESDAY, December 10. With you, sir, we deem the present period critical and momentous. The important changes which are

MATTHEW CLAY, from Virginia, appeared, occurring, the new and great events which are every produced his credentials, was qualified, and took hour preparing in the political world, the spirit of his seat in the House. war which is prevalent in almost every nation with whose affairs the interests of the United States have

Address to the President. any connection, demonstrate how unsafe and preca The hour baving arrived which the Persirious would be our situation, should we neglect the DENT had appointed, Mr. SPEAKER, attended by means of maintaining our just rights. Respecting, the members present, proceeded to the Presias we have ever done, the rights of others, America

dent's house, to present him their Address in estimates too correctly the value of her own, and has

answer to his Speech at the opening of the received evidence too complete that they are only to be preserved by her own vigilance, ever to permit

present session; and having returned, the PRESIherself to be seduced by a love of ease, or by other

DENT's reply thereto was read, as follows: considerations, into that deadly disregard of the Gentlemen of the House of Representatives : means of self-defence, which could only result from This very respectful address from the Representaa carelessness as criminal as it would be fatal con. tives of the people of the United States at their first cerning the future destinies of our growing Republic. assembly, after a fresh election, under the strong imThe result of the mission to France is, indeed, sir, pression of the public opinion and national sense, at uncertain. It depends not on America alone. The this interesting and singular crisis of our public most pacific temper will not always ensure peace. affairs, has excited my sensibility, and receives my We should therefore exhibit a system of conduct as sincere and grateful acknowledgments. indiscreet as it would be new in the history of the As long as we can maintain, with barmony and world, if we considered the negotiation happily ter- affection, the honor of our country, consistently with minated because we have attempted to commence it, its peace, externally and internally, while that is stand peace restored because we wish its restoration. tainable, or in war, when that becomes necessary, But, sir, however this mission may terminate, a steady assert its real independence and sovereignty, and perseverance in a system of national defence, com- support the constitutional energies and dignity of its mensurate with our resources and the situation of our government, we may be perfectly sure, under the country, is an obvious dictate of duty. Experience, smiles of Divine Providence, that we shall effectually

law.

ness.

DECEMBER, 1799.]
Death of General Washington.

(H. OF R. promote and extend our national interests and happi

Monday, December 16. The applause of the Senate and House of Repre

I THOMAS HARTLEY, from Pennsylvania, and sentatives, so justly bestowed upon the volunteers and JOSEPH EGGLESTON, from Virginia, appeared, militin for their zealous and active co-operation with produced their credentials, were qualified, and the judicial power, which has restored order and sub-| took their seats in the House. mission to the laws, as it comes with peculiar weight and propriety from the Legislature, cannot fail to

WEDNESDAY, December 18. have an extensive and permanent effect, for the support of Government, upon all those ingenuous minds Death of General Washington. who receive delight from the approving and ani Mr. MARSHALL, in a voice that bespoke the mating voice of their country.

anguish of his mind, and a countenance expresJOHN ADAMS.

sive of the deepest regret, rose, and delivered UNITED STATES, December 10.

himself as follows: And then the House adjourned till to-morrow

Mr. Speaker: Information has just been re

ceived, that our illustrious fellow-citizen, the morning, 11 o'clock.

Commander-in-Chief of the American Army,

and the late President of the United States, is WEDNESDAY, December 11.

no more! HENRY LEE, from Virginia, appeared, pro- |

|

Though ti

Though this distressing intelligence is not duced his credentials, was qualified, and took certain, there is too much reason to believe its his seat in the House.

truth. After receiving information of this na

tional calamity, so heavy and so afflicting, the The Direct Tax Law.

House of Representatives can be but ill fitted Mr. HARPER said, that a difficulty had arisen for public business. I move you, therefore, in the State of Pennsylvania, relative to the ex- | they adjourn. ecution of the law «for the valuation of lands! The motion was unanimously agreed to; and and dwelling-houses, and for the enumeration then the House adjourned till to-morrow mornof slaves, within the United States," which the | ing, 11 o'clock. Commissioners for that State did not conceive themselves competent to decide upon; that the

THURSDAY, December 19. Commissioners had referred the case to the SAMUEL GOOD, from Virginia, appeared, Secretary of the Treasury, whose opinion it produced his credentials, was qualified, and took was, that they were possessed of sufficient his seat in the House. power to obviate the difficulties complained of; but the Commissioners, on again taking the Death of General Washington. subject into consideration, were still of opinion Mr. MARSHALL addressed the Chair as folthey were unable to act without legislative aid, I lows: and therefore had made application to the Com Mr. Speaker: The melancholy event which mittee of Ways and Means, who, Mr. H. said, I was yesterday announced with doubt, has been had directed him to move for leave to bring in rendered but too certain. Our WASHINGTON is a bill, further to amend the act entitled “An no more! The Hero, the Sage, and the Patriot act to provide for the valuation of lands and of America—the man on whom in times of dwelling-houses, and for the enumeration of danger every eye was turned and all hopes were slaves within the United States," which was placed-lives now only in his own great acgranted.

tions, and in the hearts of an affectionate and

afflicted people. Franking Privilege to W. H. Harrison.

If, sir, it had even not been usual openly to Mr. HARPER laid the following resolution on testify respect for the memory of those whom the table.

Heaven had selected as its instruments for disResolved, That a committee be appointed to pre- pensing good to men, yet such has been the unpare and bring in a bill, extending the privilege of common worth, and such the extraordinary infranking to W. H. Harrison, a delegate from the cidents which have marked the life of him territory of the United States north-west of the river whose loss we all deplore, that the whole Ohio, and making provision for his compensation. | American nation, impelled by the same feelings, Mr. H. said, that according to law, that gen

would call with one voice for a public manitleman had the right only of speaking and giv

| festation of that sorrow which is so deep and so ing his opinion upon any question before the House, but was not entitled to a vote, or any

More than any other individual, and as much other privilege ; but as the privileges of a mem

as to any one individual was possible, has he ber had been extended on a former occasion to

contributed to found this our wide-spreading ema delegate from the South-western Territory, he pire, and to give to the Western world its in

dependence and its freedom. had no doubt they would be granted on the

Having effected the great object for which he present.

was placed at the head of our armies, we have

seen him converting the sword into the ploughVOL II.—28

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