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MARCH, 1801.]
Proceedings.

(SENATE. TUESDAY, March 3.

| UNITED STATES and that he replied, that he had

nothing further to communicate to Congress, Mausoleum for Washington,

except his best wishes for the health and happiThe Senate took into consideration the amend-ness of its members respectively. ments to the amendments on the bill to erect a The Senate then adjourned without day. mausoleum for GEORGE WASHINGTON; and on motion to postpone the further consideration of this bill until the first Monday in December next, it passed in the affirmative-yeas 14, nays 13, as follows: YEAS. Messrs. Anderson, Armstrong, Baldwin,

SPECIAL SESSION.
Brown, Cocke, Gunn, Hindman, J. Mason, Morris,
Pinckney, Read, Ross, Tracy, and Wells.

WEDNESDAY, March 4, 1801.
Nays.Messrs. Bloodworth, Chipman, Dayton, T. To the Senators of the United States, respectively :

er, Franklin, Greene, Hillhouse, Howard, Lang-1 SIR: It appearing to me proper and necessary for don, Livermore, Marshall, Nicholas, and Paine.

the public service, that the Senate of the United The bill to prohibit the Secretary of the Navy States should be convened on Wednesday the 4th of from being concerned in trade or commerce, was March next, you are desired to attend in the Chamber read the third time and passed.

of the Senate on that day, at 10 o'clock in the foreMr. NICHOLAS, from the committee on the bill noon, to receive and act upon any communications providing for a Naval Peace Establishment, re

which the President of the United States may ported amendments, which, being agreed to, the

then lay before you touching their interests, and to

do and consider all other things which may be proper bill was read the third time by unanimous con

| and necessary for the public service, for the Senate sent, and passed.

to do and consider. Mr. Morris, from the committee appointed

JOHN ADAMS, to wait on the President elect of the United

President of the United States. States, and present him with the answer of the

him with the answer of the JANUARY 30, 1801. Senate to his Address on taking leave, communicated his reply, which was read as follows: In conformity to the summons from the

GENTLEMEN: I receive with due sensibility the PRESIDENT OF THE UNITED STATES above recongratulations of the Senate on being called to the cited, the Senate assembled in their Chamber. first Executive office of our Government; and I accept, with great satisfaction, their assurances of support in

PRESENT : whatever regards the honor and interest of our coun AARON BURR, Vice President of the United try. Knowing no other object in the discharge of my States, and President of the Senate. public duties, their confidence in my future conduct, SAMUEL LIVERMORE, and JAMES SHEAFE, from derived from past events, shall not be disappointed, so | New Hampshire. far as my judgment may enable me to discern those DWIGHT FOSTER, and JONATHAN Mason, from objects.

Massachusetts. The approbation they are so good as to express of THEODORE FOSTER and RAY GREENE, from my conduct in the chair of the Senate, is highly gratifying to me; and I pray them to accept my humble thanks for these declarations of it.

Urian Tracy and JAMES HILLHOUSE, from TH. JEFFERSON.

Connecticut. MARCH, 8, 1801.

NATHANIEL CHIPMAN, from Vermont.

GOUVERNEUR MORRIS and JOHN ARMSTRONG,

from New York. TUESDAY EVENING, 6 o'clock.

JONATHAN Dayton and AARON OGDEN, from AARON OGDEN, appointed a Senator by the New Jersey. Legislature of the State of New Jersey, in place JAMES Ross and PETER MUHLENBERG, from of James Schureman, resigned, produced his cre- | Pennsylvania. dentials, was qualified, and took his seat in the WILLIAM HILL WELLS and SAMUEL WHITE, Senate.

from Delaware.

JOHN E. HOWARD, from Maryland.
Adjournment.

STEVENS T. Mason and WILSON CARY NICHOA message from the House of Representatives Las, from Virginia. informed the Senate that the House concur in JOHN Brown, from Kentucky. the resolution of the Senate appointing a joint JESSE FRANKLIN and DAVID STONE, from committee to wait on the PRESIDENT OF THE North Carolina. UNITED STATES, and notify him of the proposed JOSEPH ANDERSON and WILLIAM COOKE, from adjournment of the two Houses of Congress, and Tennessee. have appointed a committee on their part. CHARLES PINCKNEY, from South Carolina. And that the House of Representatives, having ABRAHAM BALDWIN, from Georgia. completed the business before them, are about Mr. HILLHOUSE administered the oath of office to adjourn without day.

| to the VICE PRESIDENT, who took the chair, Mr. READ reported, from the joint committee, and the credentials of the following members that they had waited on the PRESIDENT OF THE | were read:

SENATE.]

Proceedings.

[MARCH, 1801. Of Mr. ARMSTRONG, Mr. MUHLENBERG, Mr. speak and to write what they think; but this being SHEAFE, Mr. STONE, Mr. Trady, and Mr. WHITE. now decided by the voice of the nation, announced

And the oath of office was administered to according to the rules of the constitution, all will of Mr. ARMSTRONG, Mr. MUHLENBERG, Mr. SHEAFE, course arrange themselves under the will of the law, Mr. STONE, and Mr. WHITE, by the VICE PRE

and unite in common efforts for the common good.

All too will bear in mind this sacred principle, that BIDENT.

though the will of the majority is in all cases to preException being taken to the credentials of the Hon. Mr. TRACY, a Senator from the State

vail, that will, to be rightful, must be reasonable;

that the minority possess their equal rights, which of Connecticut, a debate ensued; and, on mo

equal law must protect, and to violate would be option that he be admitted to take the oath re

pression. Let us then, fellow-citizens, unite with one quired by the constitution, it passed in the heart and one mind, let us restore to social interaffirmative-yeas 13, nays 10, as follows: course that harmony and affection without which,

YEAS.—Messrs. Chipman, Dayton, Dwight Foster, liberty, and even life itself, are but dreary things Hillhouse, Howard, Livermore, J. Mason, Morris, | And let us reflect, that, having banished from our Ogden, Ross, Sheafé, Wells, and White.

land that religious intolerance under which mankind NAYS.--Messrs. Anderson, Armstrong, Baldwin, so long bled and suffered, we have yet gained little, Brown, Cocke, S. T. Mason, Muhlenberg, Nicholas, if we countenance a political

if we countenance a political intolerance, as despotic, Pinckney, and Stone.

as wicked, and capable of as bitter and bloody perse And the oath was accordingly administered

cutions. During the throes and convulsions of the

ancient world, during the agonizing spasms of infurito Mr. Tracy by the Vice PRESIDENT.

ated man, seeking through blood and slaughter his The PRESIDENT OF THE UNITED STATES, at

ED STATES, at- long lost liberty, it was not wonderful that the agitatended by the Heads of Departments, the Mar- tion of the billows should reach even this distant and shal of the District, his officers and other gen- peaceful shore; that this should be more felt and tlemen, came into the Senate Chamber and feared by some and less by others; and should divide took his seat in the chair usually occupied by opinions as to measures of safety; but every differthe VICE PRESIDENT. The VICE PRESIDENT ence of opinion is not a difference of principle. We took a separate seat on the right of the PRESI- have called by different names brethren of the same DENT OF THE UNITED STATES, and the Chief principle. We are all Republicans: we are all FedeJustice of the United States on the left. After ralists. If there be any among us who would wish a short pause, the PRESIDENT OF THE UNITED to dissolve this Union, or to change its republican STATES rose, and addressed the audience as

form, let them stand undisturbed as monuments of follows:

the safety with which error of opinion may be toler

ated, where reason is left free to combat it. I know Friends and fellow-citizens :

indeed that some honest men fear that a Republican Called upon to undertake the duties of the first Ex-Government cannot be strong; that this Government ecutive office of our country, I avail myself of the is not strong enough. But would the honest patriot, presence of that portion of my fellow-citizens which in the full tide of successful experiment, abandon s is here assembled, to express my grateful thanks for Government which has so far kept us free and firm, the favor with which they have been pleased to look on the theoretic and visionary fear that this Governtowards me, to declare å sincere consciousness that ment, the world's best hope, may, by possibility, want the task is above my talents, and that I approach it energy to preserve itself? I trust not. I believe with those anxious and awful presentiments which this, on the contrary, the strongest Government on the greatness of the charge, and the weakness of my earth. I believe it the only one where every man, powers, so justly inspire. A rising nation spread at the call of the law, would fly to the standard of over a wide and fruitful land, traversing all the seas the law, and would meet invasions of the public order with the rich productions of their industry, engaged as his own personal concern. Sometimes it is said in commerce with nations who feel power and forget that man cannot be trusted with the government of right, advancing rapidly to destinies beyond the himself. Can he then be trusted with the government reach of mortal eye; when I contemplate these trans- of others? Or have we found angels in the form of cendent objects, and see the honor, the happiness, kings to govern him ? Let history answer this quesand the hopes, of this beloved country committed to tion. the issue and the auspices of this day, I shrink from Let us then, with courage and confidence, purste the contemplation, and humble myself before the our own federal and republican principles; our ste magnitude of the undertaking. Utterly indeed should tachment to union and representative government I despair, did not the presence of many whom I here Kindly separated by nature and a wide ocean from see remind me, that, in the other high authorities the exterminating havoc of one quarter of the globe; provided by our constitution, I shall find resources of too high-minded to endure the degradations of the wisdom, of virtue, and of zeal, on which to rely under others; possessing a chosen country, with mom all difficulties. To you, then, gentlemen, who are enough for our descendants to the thousandth and charged with the sovereign functions of legislation, thousandth generation; entertaining a due sense of and to those associated with you, I look with en- our equal right to the use of our own faculties, to the couragement for that guidance and support which acquisitions of our own industry, to honor and confimay enable us to steer with safety the vessel in which dence from our fellow-citizens, resulting not froin we are all embarked, amidst the conflicting elements birth, but from our actions and their sense of them; of a troubled world.

enlightened by a benign religion, professed indeed During the contest of opinion through which we and practised in various forms, yet all of them inhave passed, the animation of discussions and of ex- culcating honesty, truth, temperance, gratitude, and ertions has sometimes worn an aspect which might the love of man, acknowledging and adoring an impose on strangers unused to think freely, and to overruling Providence, which, by all its dispensa.

MARCH, 1801.]
Proceedings.

(SENATE. tions, proves that it delights in the happiness of man of faithful history, I ask so much confidence only as here and his greater happiness hereafter; with all may give firmness and effect to the legal administrathese blessings, what more is necessary to make us a tion of your affairs. I shall often go wrong through happy and a prosperous people ? Still one thing defect of judgment. When right, I shall often be more, fellow-citizens-a wise and frugal Govern thought wrong by those whose positions will not ment, which shall restrain men from injuring one cominand a view of the whole ground. I ask your another, shall leave them otherwise free to regulate indulgence for my own errors, which will never be their own pursuits of industry and improvement, | intentional; and your support against the errors of and shall not take from the mouth of labor the others, who may condemn what they would not, if bread it has earned. This is the sum of good gove seen in all its parts. The approbation implied by ernment; and this is necessary to close the circle of your suffrage is a great consolation to me for the our felicities.

past; and my future solicitude will be, to retain the About to enter, fellow-citizens, on the exercise of good opinion of those who have bestowed it in adduties which comprehend every thing dear and valu- vance, to conciliate that of others by doing them all able to you, it is proper you should understand what the good in my power, and to be instrumental to the I deem the essential principles of our Government, happiness and freedom of all. and consequently those which ought to shape its Ado Relying then on the patronage of your good will, ministration. I will compress them within the nar- I advance with obedience to the work, ready to rerowest compass they will bear, stating the general tire from it whenever you become sensible how inuch principle, but not all its limitations. Equal and ex- better choices it is in your power to make. And may act justice to all men, of whatever state or persua- that Infinite Power which rules the destinies of the sion, religious or political: peace, commerce, and universe lead our councils to what is best, and give honest friendship with all nations, entangling alliances them a favorable issue for your peace and prosperity. with none : the support of the State Governments in The oath of office was then administered to all their rights, as the most competent administra-him by the Chief Justice of the United States. tions for our domestic concerns, and the surest bul

After which the PRESIDENT OF THE UNITED warks against anti-republican tendencies: the pre

States retired. servation of the General Government in its whole constitutional vigor, as the sheet-anchor of our peace

The Senate then adjourned till to-morrow. at home, and safety abroad: a jealous care of the right of election by the people ; å mild and safe cor

THURSDAY, March 5. rective of abuses which are lopped by the sword of WILLIAM HINDMAN, appointed a Senator by revolution, where peaceable remedies are unprovided : the State of Maryland, produced his credentials, absolute acquiescence in the decisions of the majority, and the oath of office was administered to him the vital principle of Republics, from which is no ap-ho

no ap- by the VICE PRESIDENT. peal but to force, the vital principle and immediate parent of despotism: a well-disciplined militia, our

Ordered, That Messrs. NICHOLAS and BALDbest reliance in peace, and for the first moments of

win be a committee to wait on the PRESIDENT war, till regulars may relieve them : the supremacy OF THE UNITED STATES and notify him that tho of the civil over the military authority-economy in Senate is assembled and ready to receive any the public expense, that labor may be lightly bur communications which he may be pleased to dened: the honest payment of our debts, and sacred make to them. preservation of the public faith: encouragement of | The VICE PRESIDENT communicated a letter agriculture, and of commerce as its handmaid: the from Ray GREENE, a Senator from the State of diffusion of information, and arraignment of all | Rhode Island, resigning his seat; which was abuses at the bar of the public reason: freedom of read. religion, freedom of the press, and freedom of person, Resolved, That the VIŅE PRESIDENT be reunder the protection of the habeas corpus; and trial

quested to notify to the Executive of the State by juries impartially selected. These principles form the bright constellation which has gone before us,

form of Rhode Island, that Ray GREENE hath reand guided our steps through an age of revolution

signed his seat in the Senate.

Mr. NICHOLAS reported, from the committee, and reformation. The wisdom of our sages, and blood of our heroes, have been devoted to their at- that they

that they had waited on the PRESIDENT OF THE tainment: they should be the creed of our political / UNITED STATES and that he had informed the faith; the text of civic instruction; the touchstone committee that he would immediately lay a by which to try the services of those we trust; and / Message before the Senate. The Message was should we wander from them in moments of error or received, containing nominations to fill Exof alarm, let us hasten to retrace our steps, and to ecutive offices; which, after being considered, regain the road which alone leads to peace, liberty, Ordered, That Messrs. NICHOLAS and BALDand safety.

WIN be a committee to wait on the PRESIDENT I repair then, fellow-citizens, to the post you have

OF THE UNITED STATES, and notify him, that, assigned me. With experience enough in subordi

de unless he has any further communication to nate offices to have seen the difficulties of this, the

make, the Senate are ready to adjourn. createst of all, I have learnt to expect that it will

Mr. NICHOLAS reported, from the committee, rarely fall to the lot of imperfect man to retire from this station with the reputation and the favor which

that they had waited on the PRESIDENT OF THE bring him into it. Without pretensions to that high

hat hish | UNITED STATEs, and that he had informed them confidence you reposed in our first and greatest revo- | that he had no further communications to make lutionary character, whose pre-eminent services had to the Senate. entitled him to the first place in his country's love, Whereupon, the VICE PRESIDENT adjourned and destined for him the fairest page in the volumo | the Senate without day.

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IN SECRET SESSION, WHICH TOOK PLACE ON THE RATIFICATION OF THE

CONVENTION WITH THE FRENCH REPUBLIC

TUESDAY, December 16, 1800.

On motion,

Resolved, That all confidential communications The following Message was received from the

made by the PRESIDENT OF THE UNITED STATES te PRESIDENT OF THE UNITED STATES :

the Senate, shall be, by the members thereof, kept Gentlemen of the Senate :

inviolably secret; and that all treaties which msy I transmit to the Senate, for their consideration hereafter be laid before the Senate, shall also be kept and decision, a convention, both in English and secret, until the Senate shall, by their resolution, French, between the United States of America and take off the injunction of secrecy. the French Republic, signed at Paris, on the thirtieth day of September last, by the respective Plenipotentiaries of the two Powers. I also transmit to the

THURSDAY, January 8, 1801. Senate, three manuscript volumes, containing the The Senate resumed the consideration of the journal of our Envoys.

convention made on behalf of the United States JOHN ADAMS.

with the Republic of France. UNITED STATES, Dec. 15, 1800.

And the second article having been debated. The Message and convention were read; and a question was moved thereon, to wit: “Will after progress in reading the other papers ac- the Senate advise and consent to the ratification companying the Message,

of this article ?" Ordered, That the further reading thereof be! And the yeas and nays being taken, are as postponed.

follows yeas 11, nays 16:

YEAs.-Messrs. Baldwin, Bloodworth, Brown, Friday, December 19.

Cocke, T. Foster, Franklin, Greene, Langdon, S.T. The Senate proceeded to consider the motion, Mason, Nicholas, and Paine.

Nays.-Messrs. Armstrong, Chipman, Dayton, D. made yesterday, that the PRESIDENT OF THE UNITED STATES be requested to lay before the

Foster, Gunn, Hillhouse, Hindman, Howard, Las

mer, Livermore, J. Mason, Morris, Read, Schurence, Senate the instructions given to our late Com

Tracy, and Wells. missioners to the French Republic; which, being amended, was adopted, as follows: 1

So it passed in the negative. Resolved, That the PRESIDENT OF THE UNITED

And the third article being under considersSTATES be requested to lay before the Senate

oppested to lav before the Senate tion, & question was moved and put, “ Will the the instructions given to our late Envoys Ex-Senate advis

Senate advise and consent to the ratification of traordinary and Ministers Plenipotentiary to

to this article ?" the French Republic.

And the yeas and nays being taken, are as Ordered, That the Secretary lay this resolu

follows-yeas 12, nays 15: tion before the PRESIDENT OF THE UNITED 1 YEAs.—Messrs. Armstrong, Baldwin, Blood worth, STATES.

| Brown, Cocke, T. Foster, Franklin, Greene, Gunn, Langdon, S. T. Mason, and Nicholas.

NAYS.—Messrs. Chipman, Dayton, D. Foster, Hille MONDAY, December 22.

house, Hindman, Howard, Latimer, Livermore, J. The following Message was received from the

ng Message was received from the Mason, Morris, Paine, Read, Schureman, Tracy, and PRESIDENT OF THE UNITED STATES. Gentlemen of the Senate :

So it passed in the negative. In conformity with your request, in your resolu The Senate proceeded in the consideration of tion of the 19th of this month, I transmit you the the convention, so far as the fourteenth article; instructions given to our late Envoys Extraordinary and, after debate, and Ministers Plenipotentiary to the French Re- ! Ordered, That the further consideration there. public.

of be postponed. It is my request to the Senate that these instructions may be considered in strict confidence, and returned to me as soon as the Senate shall have made

FRIDAY, January 9. all the use of them they may judge necessary.

The Senate resumed the consideration of the

JOHN ADAMS. convention made on behalf of the United States UNITED States, Dec. 22. 1800.

with the Republic of France.

Wells.

JANUARY, 1801.]
Proceedings in Secret Session.

(SENATE. On motion, to advise and consent to the On the question, whether the Senate would adoption of an additional article, to wit: advise and consent.to the ratification of the

“It is further agreed, between the said contracting second article of the convention ? it passed in parties, that nothing in this treaty contained, shali | the negative-yeas 10, nays 15, as follows: be construed or operate contrary to former and ex- | YEAS.-Messrs. Anderson, Baldwin, Bloodworth, isting treaties with other States or sovereigns." | Cocke, T. Foster, Franklin, Langdon, Marshall, Ni

And, on the question, “ Will the Senate ad-cholas, and Paine. vise and consent to the adoption of this article?" |

loption of this article 7 Nays.—Messrs. Bingham, Chipman, Dayton, D. it passed unanimously in the affirmative-yeas

| Foster, Hillhouse, Howard, Latimer, Livermore, J.

| Mason, Morris, Read, Ross, Schureman, Tracy, and 27, as follows:

Wells. YEAs.-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, D.

On the question whether the Senate would Foster, Franklin, Greene, Gunn, Hillhouse, Hindman,

advise and consent to the ratification of the Howard, Langdon, Latimer, Livermore, S. T. Mason,

third article of the convention? a motion was J. Mason, Morris, Nicholas, Paine, Read, Schureman,

| made to amend the article, by adding to the Tracy, and Wells.

| end thereof, these words, “or paid for.” WhereOn motion, to advise and consent to the

| upon, adoption of the following additional article, to

A motion was made to amend the amend.

ment by adding thereto the following words : wit:

"And so likewise, the merchant ships and ves“The present convention shall be in full force during

sels which have been taken, and definitively conthe term of years, to be computed from the

demned on the one part and the other, shall be time of the exchange of the ratifications.”

restored or paid for." And, after debate,

On the question to agree to the amendment Ordered, That the further consideration there- l to the amendment, it passed in the negative of be postponed.

yeas 8, nays 20, as follows:

YEAs.—Messrs. D. Foster, Hillhouse, Howard, MONDAY, January 12.

Latimer, Livermore, Read, Tracy, and Wells. The Senate resumed the consideration of the

Nayg.-Messrs. Anderson, Armstrong, Baldwin,

Bingham, Bloodworth, Brown, Chipman, Cocke, convention made on behalf of the United States

Dayton, T. Foster, Franklin, Langdon, Marshall, s. with the Republic of France; and

T. Mason, J. Mason, Morris, Nicholas, Paine, Ross, The motion made on the 9th instant, being and Schureman. amended as follows:

So the amendment to the amendment was The present convention shall be in full force until lost. two years, to be computed from the day of the signa

On the question to agree to the original tare of the preliminary or other articles of peace, which shall conclude the war in which the French

ce; amendment, to wit: to add the words “or paid nation is now engaged, or for a term not exceeding

for;” it passed in the negative-yeas 7, nays years, to be computed from the time of the ex

21, as follows: change of the ratifications, whichever event shall / YEAs.—Messrs. Anderson, Armstrong, Brown, first happen.

Baldwin, Cocke, S. T. Moson, and Nicholas. On the question, “ Will the Senate advise and

NAY3.-Messrs. Bingham, Bloodworth, Chipman, consent to the adoption of this article ? " it was

Dayton, T. Foster, D. Foster, Franklin, Hillsouse,

Howard, Langdon, Latimer, Livermore, Marshall, J. - determined in the affirmative-yeas 25, nay 1, Mason, Morris, Paine, Read, Ross, Schureman, Tracy, as follows:

and Wells.
YEAS.-Messrs. Anderson, Armstrong, Baldwin, So the amendment was lost.
Bingham, Bloodworth, Brown, Chipman, Cocke,
Dayton, T. Foster, D. Foster, Franklin, Greene, Hill-

On the question, whether the Senate would house, Hindman, Howard, Latimer, Livermore, Mor

advise and consent to the ratification of the ris, Nicholas, Paine, Read, Schureman, Tracy, and

third article? it passed in the negative yeas Wells.

13, nays 16, as follows: NAY.—Mr. Langdon.

YEAS.-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin,

Greene, Langdon, Marshall, S. T. Mason, and THURSDAY, January 15.

Nicholas. The Senate resumed the consideration of the Nays.—Messrs. Bingham, Chipman, Dayton, D. convention made on behalf of the United States Foster, Hillhouse, Howard, Latimer, Livermore, J. with the Republic of France: Whereupon,

Mason, Morris, Paine, Read, Ross, Schureman, Tracy, The VICE PRESIDENT reported to the House,

and Wells. that the Senate, as in a Committee of the On the question, whether the Senate would Whole, had had under their consideration the advise and consent to the adoption of the first convention, and had gone through the same, additional article, agreed to as in Committee of and had agreed to sundry modifications, which | the Whole, on the 9th instant ? it passed unanihe proceeded to state to the House, and again to mously in the affirmative-yoas 28, as follows: put questions thereon, severally, for confirma- YEAS.-Messrs. Anderson, Armstrong, Baldwin, tion, as follows:

| Bingham, Bloodworth, Brown, Chipman, Cocke,

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