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SENATE.]

Proceedings.

[DECEMBER, 1800

by a gracious Providence in health and activity to | Mr. President and Gentlemen of the Senate: exercise the functions of Chief Magistrate.

The question whether the legal powers over the District of Columbia, vested by the constitution in the Congress of the United States, shall be immediately exercised, is of great importance, and in deliberating upon it, we shall naturally be led to weigh the attending circumstances and every probable consequence of the measures which may be proposed. The several subjects for Legislative consideration, contained in your Speech to both Houses of Congress, shall receive from the Senate all the attention which they can give, when contemplating those objects, both in respect to their national importance, and the additional weight that is given them by your recommendation.

We deprecate, with you, sir, all spirit of innovation, from whatever quarter it may arise, which may impair the sacred bond that connects the different parts of this empire; and we trust, that, under the protection of Divine Providence, the wisdom and virtue of the citizens of the United States will deliver our national compact unimpaired to a grateful posterity. From past experience, it is impossible for the Senate of the United States to doubt of your zealous co-operation with the Legislature in every effort to promote the general happiness and tranquillity of the Union.

Accept, sir, our warmest wishes for your health and happiness.

JOHN E. HOWARD,

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For this excellent Address, so respectful to memory of my illustrious predecessor, which ceive from the Senate of the United States, time, and in this place, with peculiar satisfa pray you to accept of my unfeigned ackno ments. With you, I ardently hope, that pern, and stability will be communicated as well tion of Government itself, as to its beautiful and coi ous seat. With you I deplore the death yet hero and sage who bore so honorable and efficient part in the establishment of both. Great indeed would have been my gratification, if his sum of earthly happiness had been completed by seeing the Government thus peaceably convened at this place, himself at its head. But, while we submit to the decisicr of Heaven, whose councils are inscrutable to us, we cannot but hope, that the members of Congress, the officers of Government, and all who inhabit the city or the country, will retain his virtues in lively recollection, and make his patriotism, morals, and piety, models for imitation.

I thank you, gentlemen, for your assurance that the several subjects for legislative consideration, recommended in my communication to both Houses, shall receive from the Senate a deliberate and candid attention.

With you, gentlemen, I sincerely deprecate all
spirit of innovation which may weaken the sacred
bond that connects the different parts of this nation
and Government; and with you I trust, that, under
the protection of Divine Providence, the wisdom and
virtue of our citizens will deliver our national com-
pact unimpaired to a free, prosperous, happy, and
grateful posterity. To this end it is my fervent
prayer, that, in this city, the fountains of wisdom
may be always open, and the streams of eloquence
for ever flow. Here may the youth of this extensive
country for ever look up without disappointment, not
only to the monuments and memorials of the dead,
but to the examples of the living, in the members
of Congress and officers of Government, for finished
models of all those virtues, graces, talents, and ac-
complishments, which constitute the dignity of hu-
prosperity or duration of empires.
man nature, and lay the only foundation for the

JOHN ADAMS.
CITY OF WASHINGTON, Nov. 26, 1800.
The Senate returned to their own Chamber;
and the reply of the PRESIDENT OF THE UNITED
STATES having been read, adjourned.

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The Senate proceeded to the consideration of

The following Message was received from the Executive business.
PRESIDENT OF THE UNITED STATES:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

WEDNESDAY, January 21.

The VICE PRESIDENT Communicated a letter from the Commissioners of the City of Washington, addressed to both Houses of Congress requesting the assignment of a room in the CaDe-pitol for the temporary accommodation of the Supreme Judicial Court of the United States; which was read.

I transmit to both Houses of Congress, for their information and consideration, copies of laws enacted by the Governor and Judges of the Mississippi Territory, from the 30th of June until the 31st of cember, A. D. 1799.*

JOHN ADAMS.

Resolved, That the Secretary be directed to

UNITED STATES, Jan. 1, 1801. The Message was read and ordered to lie for inform the Commissioners of the City of Washconsideration.

WEDNESDAY, January 7.

The Senate took into consideration the report of the committee to whom was referred so much of the PRESIDENT's Speech as relates to the exercise of the local powers over the District of Columbia, vested by the constitution in the Congress of the United States; which is,

ington that the Senate consent to the accommodation of the Supreme Court in one of the committee rooms, as proposed in their letter.

THURSDAY, January 22.

Mausoleum for Washington.

The Senate resumed the consideration of the report of the committee on the bill to erect a mausoleum for GEORGE WASHINGTON; and on That, by the cession of the several States of Vir-after the word "That," immediately following motion to agree to the report, and to strike out, ginia and Maryland, and the acceptance thereof by Congress, the said District has become the permanent the enacting clause, the whole of the bill, for purpose of inserting as follows:

Seat of the Government of the United States;
"That the powers of the said States to legislate
within said District have wholly ceased;

"And that the sole power of legislation over the
same is thereupon exclusively vested in Congress."
And, on motion to agree thereto, a motion
was made for the previous question, to wit:
"Shall the main question be now put?" and
which passed in the negative.

*Subject to the disapproval of Congress, and to remain in force until disapproved-this Territory being a copy in its Government of that of the North-west under the Ordinance of the 18th July, 1787, except in the anti-slavery clause.

the

"In testimony of the respect and gratitude of the citizens of the United States to GEORGE WASHINGTON, and for carrying into effect the resolution of Congress of the 24th day of December, 1799, to commemorate the great events of his military and political life, there shall be and hereby is appropriated a sum not exceeding thousand dollars, to be paid out of any moneys in the Treasury of the United States, not otherwise appropriated.

shall be

"And be it further enacted, That and hereby are, empowered, to fix on a plan and make all contracts and engagements for payment of moneys, not exceeding in the whole the aforesaid sum of dollars; and to adopt all other measures neces

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sary and proper for the due execution of this act, as to them shall seem expedient."

And it was agreed to divide the motion, and that the question be taken on striking out, which passed in the affirmative—yeas 16, nays 12, as follows:

YEAS.-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, Dayton, T. Foster, D. Foster, Franklin, Hillhouse, Langdon, Marshall, S. T. Mason, Nicholas, and Schureman.

NAYS.-Messrs. Chipman, Greene, Hindman, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Tracy, and Wells.

MONDAY, January 26.

[FEBRUARY, 1801.

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NAYS.-Messrs. Anderson, Baldwin, Bloodworth, Cocke, Franklin, Langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

The Senate resumed the second reading of A message was received from the House of the bill for erecting a mausoleum for GEORGE Representatives informing the Senate that they WASHINGTON; and having agreed to the amend-have passed a resolution, which the Clerk was ment reported by the committee, and filled up directed to bring to the Senate. one of the blanks,

Ordered, That this bill pass to third reading as amended.

WEDNESDAY, February 4.
Mausoleum for Washington.

The Senate took into consideration the amendment reported by the committee, on the bill for erecting a mausoleum for GEORGE WASHINGTON; which was agreed to.

And on the final passage of the bill as amended, the question was determined in the affirmative-yeas 20, nays 9, as follows:

YEAS.-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Dayton, T. Foster, Dwight Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Livermore, Marshall, S. T. Mason, Nicholas, Paine, and Schureman.

NAYS.-Messrs. Bingham, Cocke, Gunn, Hindman, Latimer, J. Mason, Morris, Read, and Ross,

So it was Resolved, That this bill pass with amendments.

MONDAY, February 9.

The resolution was read, as follows:

"Resolved, That this House will attend in the Chamber of the Senate on Wednesday next, at 12 o'clock, for the purpose of being present at the opening and counting of the votes for PRESIDENT and VICE PRESIDENT OF THE UNITED STATES; that Messrs. RUTLEDGE and NICHOLAS be appointed tellers, to act jointly with the teller appointed on the part of the Senate, to make a list of the votes for PRESIDENT and VICE PRESIDENT OF THE UNITED STATES, as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the journals, and if it shall appear that a choice has been made, agreeably to the constitution, such entry on the journals shall be deemed a sufficient declaration thereof."

Ordered, That Mr. WELLS be a teller on the part of the Senate for the purpose expressed in the above resolution.

WEDNESDAY, February 11.

Ordered, That the Secretary notify the House of Representatives that the Senate is ready to meet them in the Senate Chamber, for the pur

Counting Votes for President of the United pose of being present at the opening and counting

On motion, it was

States.

Resolved, That the Senate will be ready to receive the House of Representatives in the Senate Chamber on Wednesday next, at twelve o'clock, for the purpose of being present at the opening and counting the votes for PRESIDENT OF THE UNITED STATES. That one person be appointed a teller on the part of the Senate, to make

a list of the votes for PRESIDENT OF THE UNIT

ED STATES, as they shall be declared: that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the journals, and if it shall appear that a choice has been made, agreeably to the constitution, such entry on the journals shall be deemed a sufficient declaration thereof.

the votes for PRESIDENT OF THE UNITED STATES. The two Houses of Congress accordingly ascates of the Electors of sixteen States were, by sembled in the Senate Chamber, and the certifithe VICE PRESIDENT, opened and delivered to the tellers appointed for the purpose, who, having examined and ascertained the number of votes, presented a list thereof to the VICE PRESIDENT, which was read. (For List see Table on next page.)

the result of the votes, as delivered by the tellWhereupon the VICE PRESIDENT declared that ers, was that

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MONDAY, February 16.

Public Property.

[SENATE.

New Jersey that JAMES SCHUREMAN hath resigned his seat in the Senate.

WEDNESDAY, February 18.

A message from the House of Representatives informed the Senate that the House have chosen THOMAS JEFFERSON, of Virginia, President of the United States, for the term commencing on the

4th of March next.

On motion, it was

Resolved, That a committee be appointed, to join such committee as may be appointed on the part of the House of Representatives, to consider whether any, and, if any, what measures ought to be adopted for the further accommodation of the PRESIDENT OF THE UNITED STATES, for the term commencing the 4th day of March next, to report by bill, bills, or otherwise; and that Messrs. NICHOLAS, TRACY, and BALDWIN, be the committee on the part of the Senate.

Notification of Election to Aaron Burr.
On motion, it was

Resolved, That the PRESIDENT OF THE UNITED to AARON BURR, Esq., of New York, Vice PreSTATES be requested to cause to be transmitted sident elect of the United States, notification of his election to that office, and that the President of the Senate do make out and sign a certificate, in the words following, viz:

Representatives of the United States of America, being convened at the city of Washington, on the secwritten Vice President of the United States and Preond Wednesday in February, A. D. 1801, the undersident of the Senate, did, in presence of said Senate and House of Representatives, open all the certificates and count all the votes of the electors for a President; whereupon it appeared that THOMAS JEFFERSON, of Virginia, and AARON BURR, of New York,

"BE IT KNOWN, That the Senate and House of

The following Message was received from the had a majority of the votes of the electors and an PRESIDENT OF THE UNITED STATES:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

I wish to know the pleasure of Congress, and request their direction, concerning the disposition of the property of the United States now in my possession; whether I shall deliver it into the hands of the Heads of Departments, or of the Commissioners of the city of Washington, or of a committee of Congress, or to any other persons Congress may appoint, to be delivered into the hands of my successor, or whether shall I present it myself to the PRESIDENT OF THE UNITED STATES on the 4th of March next. Any of these modes will be agreeable to me.

JOHN ADAMS.

I

UNITED STATES, Feb. 16, 1801. The Message was read and ordered to lie on the table.

The VICE PRESIDENT communicated a letter from JAMES SCHUREMAN, a Senator from the State of New Jersey, resigning his seat; which was read.

Resolved, That the VICE PRESIDENT be requested to notify the Executive of the State of

equal number of votes; in consequence of which the House of Representatives proceeded to the choice of a President, and have this day notified to the Senate that THOMAS JEFFERSON has by them been duly chosen President: by all of which it appears that AARON BURR, Esq., of New York, is duly elected, agreeably to the constitution, Vice President of the United States of America.

"In witness thereof I have hereunto set my hand and seal, this 18th day of February, 1801. "THOMAS JEFFERSON." And that the President of the Senate do cause the certificate aforesaid to be laid before the PRESIDENT OF THE UNITED STATES, with this resolution.

MONDAY, February 23. South Carolina, attended. Mr. PINCKNEY, a Senator for the State of

THURSDAY, February 26.

The bill to prohibit the Secretary of the Navy from carrying on any business of trade, com

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The VICE PRESIDENT addressed the Senate as of our country. follows:

Gentlemen of the Senate:

To give the usual opportunity of appointing a President, pro tempore, I now propose to retire from the chair of the Senate; and, as the time is near at hand when the relations will cease which have for some time subsisted between this honorable House and myself, I beg leave, before I withdraw, to return them my grateful thanks for all the instances of attention and respect with which they have been pleased to honor me. In the discharge of my functions here, it has been my conscientious endeavor to observe impartial justice, without regard to persons or subjects; and if I have failed of impressing this on the mind of the Senate, it will be to me a circumstance of the deepest regret. I may have erred at times-no doubt I have erred-this is the law of human nature. For honest errors, however, indulgence may be hoped.

I owe to truth and justice, at the same time, to declare, that the habits of order and decorum, which so strongly characterize the proceedings of the Senate, have rendered the umpirage of their President an office of little difficulty; that, in times and on questions which have severely tried the sensibilities of the House, calm and temperate discussion has rarely been disturbed by departures from order.

Should the support which I have received from the Senate, in the performance of my duties here, attend me into the new station to which the public will has I shall consider it as commencing under the happiest auspices.

transferred me,

With these expressions of my dutiful regard to the Senate as a body, I ask leave to mingle my particular

wishes for the health and happiness of the individuals who compose it, and to tender them my cordial and respectful adieu.

After which the VICE PRESIDENT retired. Whereupon the Senate proceeded to the election of a President pro tempore, as the constitution provides; and JAMES HILLHOUSE was duly elected.

Ordered, That the Address of the VICE PRESIDENT, made this day, taking leave of the Senate, be referred to a committee, with instruction to prepare and report the draft of an Address in answer thereto; and that Messrs. MORRIS, J. MASON, and DAYTON, be the committee.

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In the confidence that your official conduct will be directed to these great objects, a confidence derived from past events, we repeat to you, sir, the assurance of our constitutional support in your future administration.

On the motion to strike out these words: "a confidence derived from past events," it passed in the negative-yeas 9, nays 19, as follows: YEAS.-Messrs. Chipman, Hindman, Howard, Liv ermore, Paine, Read, Ross, Tracy, and Wells.

NAYS.-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, Dayton, T. Foster, D. Foster, Franklin, Greene, Gunn, Hillhouse, Marshall, S. T. Mason, J. Mason, Morris, Nicholas, and Pinckney.

And the report was agreed to.

Ordered, That the committee who drafted the answer to the Address, wait on the Presi dent elect of the United States, and present it to

him.

The PRESIDENT laid before the Senate a letter from the President elect of the United States; which was read, as follows:

WASHINGTON, March 2, 1801. SIR: I beg leave, through you, to inform the honorable the Senate of the United States, that I propose to take the oath which the constitution prescribes to the President of the United States, before he enters instant, at 12 o'clock, in the Senate Chamber. on the execution of his office, on Wednesday, the 4th

TH. JEFFERSON.

I have the honor to be, with the greatest respect, sir, your most obedient and most humble servant, The PRESIDENT pro tempore of the Senate. Ordered, That the foregoing letter be referred to Messrs. MORRIS, DAYTON, and Ross, to report thereon.

Ordered, That the committee who were appointed to take into consideration the letter from the President elect of the United States, of this day, be discharged.

A motion was made as follows:

The President elect of the United States having

informed the Senate that he proposes to take the oath which the constitution prescribes to the President

of the United States before he enters on the execution of his office, on Wednesday, the 4th instant, at 12 o'clock, in the Senate Chamber:

Ordered, That the Secretary communicate that information to the House of Representatives; that seats be provided for such members of the House of Representatives and such of the public Ministers as may think proper to attend; and that the gallery be open

ed to the citizens of the United States.

And the motion was agreed to.

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