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SENATE.]
Proceedings in Secret Session.

[JANUARY, 1801. Dayton, T. Foster, D. Foster, Franklin, Greene,

WEDNESDAY, January 21.
Hillhouse, Howard, Langdon, Latimer, Livermore,
S. T. Mason, J. Mason, Morris, Nicholas, Paine,

The following Message was received from the Read, Ross, Schureman, Tracy, and Wells.

PRESIDENT OF THE UNITED STATES : On motion to fill the blank in the second additional article, agreed to as in Committee of

1 In compliance with your request, signified in your

resolution of the twentieth day of this month, I trans. the Whole, with the words, " ten years ; " it

mit you a report, made to me by the Secretary of passed in the negative-yeas 9, nays 19, as

State, on the same day; a letter of our late Envoys follows:

to him on the 4th of October last; an extract of s YEAS.—Messrs. Baldwin, Bloodworth, Brown, letter from our Minister Plenipotentiary in London, Cocke, T. Foster, Franklin, Langdon, S. T. Mason, to him, of the 22d of November last ; and an extract and Nicholas.

of another letter from the Minister to the Secretary, Nays.—Messrs. Anderson, Armstrong, Bingham, of the 31st of October last. Chipman, Dayton, D. Foster, Greene, Hillhouse, The reasoning in the letter of our late Envoys to Howard, Latimer, Livermore, J. Mason, Morris, France is so fully supported by the writers on the law Paine, Read, Ross, Schureman, Tracy, and Wells. of nations, particularly by Vattel, as well as by his

On motion to fill the blank with the words great masters, Grotius and Puffendorf, that nothing “ eight years," it passed unanimously in the

is left to be desired to settle the point, that if there affirmative-yeas 28, as follows:

be a collision between two treaties, made with two

different powers, the more ancient has the advantage; YEAS.—Messrs. Anderson, Armstrong, Baldwin, for no engagement contrary to it can be entered into Bingham, Bloodworth, Brown, Chipman, Cocke, in the treaty afterwards made; and if this last be Dayton, T. Foster, D. Foster, Franklin, Greene, found, in any case, incompatible with the more ancient Hillhouse, Howard, Langdon, Latimer, Livermore,

one, its execution is considered as impossible, because S. T. Mason, J. Mason, Morris, Nicholas, Paine, the person promising had not the power of acting Read, Ross, Schureman, Tracy, and Wells.

contrary to his antecedent engagement. Although On motion to amend the second additional our right is very clear to negotiate treaties according article agreed to as in Committee of the Whole, to our own ideas of right and justice, honor and good by striking out these words, " until two years,

faith, yet it must always be a satisfaction to know to be computed from the day of the signature

that the judgment of other nations with whom we of the preliminary or other articles of peace,

have connection, coincides with ours, and that we which shall conclude the war in which the

have no reason to apprehend that any disagreeable

questions and discussions are likely to arise. The French nation is now engaged.”

letters from Mr. King will, therefore, be read by the And, on the question, “Shall these words

Senate, with particular satisfaction. stand ?” it passed in the negative-yeas 4, nuys The inconveniences to public officers and the mis23, as follows:

chiefs to the public, arising from the publication of YKAS.--Messrs. Livermore, Paine, Read, and the despatches of Ministers abroad, are so numeTracy.

rous, and so obvious, that I request of the Senate NĂys.—Messrs. Anderson, Armstrong, Baldwin, that these papers, especially the letters from Mr. Bloodworth, Brown, Chipman, Cocke, Dayton, T. King, be considered in close confidence. Foster, D. Foster, Franklin, Greene, Hillhouse, How-|

JOHN ADAMS. ard, Langdon, Latimer, Marshall, S. T. Mason, J. UNITED STATES, Jan. 21, 1801. Mason, Morris, Nicholas, Schureman, and Wells.

The Message and papers were read, and And the article having been further amended,

| ordered to lie for consideration. by unanimous consent, to read as follows:

The Senate resumed the consideration of the “ The present convention shall be in full force for report of the committee appointed to reduce the the term of eight years, to be computed from the several votes on the convention made on behalf time of the exchange of the ratifications."

of the United States with the Republic of On the question, whether the Senate would | France, into the form of a ratification, together advise and consent to the said additional article, with the motion made yesterday thereon, to as amended ? it passed in the affirmative-yeas wit: to amend the proviso, by inserting after 26, nay 1, as follows:

the word “third," the words “and nineteenth." Yeas.-Messrs. Anderson, Armstrong, Baldwin, And, on the question, to agree to the insertion Bloodworth, Brown, Chipman, Cocke, Dayton, T. of the words, it was determined in the negative Foster, D. Foster, Franklin, Greene, Hillhouse, How --yeas 6, nays 22, as follows: ard, Langdon, Latimer, Marshall, S. T. Mason, J. ! YEAS.—Messrs. Bingham, Hillhouse, Read, Ross, Mason, Morris, Nicholas, Paine, Read, Schureman, Tracy, and Wells. Tracy, and Wells

NĂYS.-Messrs. Anderson, Armstrong, Baldwin, NAY.-Mr. Livermore,

Bloodworth, Brown, Chipman, Cocke, Dayton, T. Ordered, That Mr. MORRIS, Mr. NICHOLAS, and Foster, D. Foster, Franklin, Greene, Howard, LangMr. DAYTON, be a committee to reduce the don, Latimer, Livermore, S. T. Mason, J. Mason, several votes on this treaty into the form of a Morris, Nicholas, Paine, and Schureman. ratification,

Ordered, That the further consideration of the convention, and the report of the committee thereon, be postponed until Friday next.

FEBRUARY, 1801.]
Proceedings in Secret Session.

[SENATE. FRIDAY, January 23.

| the Senators present not agreeing thereto-yeas The Senate resumed the consideration of the 17, nays 18, as follows: report of the committee appointed to reduce

YEAs.-Mesers. Bingham, Chipman, Dayton, D. the several votes on the convention made on

Foster, Greene, Hillhouse, Hindman, Howard, Latitehalf of the United States with the Republic

mer, J. Mason, Morris, Paine, Read, Ross, Schure

man, Tracy, and Wells. of France, into the form of a ratification, which

Nays.-Messrs. Anderson, Armstrong, Baldwin, report is as follows:

Bloodworth, Brown, Cocke, T. Foster, Franklin, Resolved by the Senate of the United States, (two- |

Langdon, Livermore, Marshall, S. T. Mason, and thirds of the Senators present concurring therein,) Nicholas. That they do consent to and advise the ratification of

And, on the question on the ourth division, the convention between the French Republic and the United States of America, made at Paris the eighth

to wit: Whether that part shall stand which day of Vendemaire, of the ninth year of the French

I provides a limitation of time to its duration ? Republic, the thirtieth day of September, anno Do- it was determined in the affirmative mini eighteen hundred : Provided, The second and nays 6, as follows: third articles be expunged, and that the following YEAS.--Messrs. Anderson, Armstrong, Bingham, articles be added or inserted :

Bloodworth, Chipman, Cocke, Dayton, D. Foster, Ist. It is understood that nothing in this conven Franklin, Greene, Hillhouse, Hindman, Howard, tion shall be so construed as to operate contrary to Langdon, Latimer, Livermore, J. Mason, Morris, any former and existing treaties between either of the Paine, Read, Ross, Schureman, Tracy, and Wells. parties and any other State or Sovereign.

Nayg.-Messrs. Baldwin, Brown, T. Foster, Mar2d. It is agreed that the present convention shall shall, S. T. Mason, and Nicholas. be in force for the term of eight years from the timo

And, on the question to agree to the report of the exchange of the ratifications.

of the committee, as amended, it was determined Whereupon a motion was made to strike out in the negative, two-thirds of the Senators the whole of the proviso; on which it was agreed present not agreeing thereto-yeas 16, nays 14, to divide the question into four parts, viz: as follows:

1st. Whether so much as provides that the second YEAs.—Messrs. Anderson, Armstrong, Baldwin, article shall be expunged, shall stand ?

Bloodworth, Brown, Chipman, Cocke, T. Foster, 2d. Whether so much as provides that the third Franklin, Greene, Langdon, Livermore, Marshall, s. article be expunged, shall stand ?

T. Mason, Nicholas, and Paine. 3d. Whether that part shall stand which restrains Nays. -Messrs. Bingham, Dayton, D. Foster, Hillit from operating against former treaties ?

house, Hindman, Howard, Latimer, J. Mason, Mor4th. Whether that part shall stand which provides ris, Read, Ross, Schureman, Tracy, and Wells. a limitation of time to its duration ? And, on the question on the first division, to

TUESDAY, February 3. wit: Whether so much as provides that the

On motion, it was agreed to reconsider the second article shall be expunged, shall stand ? | vote passed the 23d of January, on the report of it passed in the negative, two-thirds of the the committee appointed to reduce the several Senators present not agreeing thereto-yeas 17, | votes on the convention made on behalf of nays 13, as follows:

United States with the French Republic, into Yeas.-Messrs. Armstrong, Bingham, Chipman, the form of a ratification. Dayton, D. Foster, Hillhouse, Hindman, Howard, | On motion, it was agreed to reconsider the Latimer, J. Mason, Morris, Paine, Read, Ross, first division of the report, to wit: Schureman, Tracy, and Wells.

"Whether so much as provides that the second arNAYS.-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greene, Langdon,

| ticle shall be expunged, shall stand ?” Livermore, Marshall, s. T. Mason, and Nicholas. And, on the question to agree to this part of And on the question on the second division,

the report, it passed in the affirmative-yeas to wit: Whether so much as provides that the

| 30, nay 1, as follows: third article shall be expunged, shall stand ? it

Yeas.-Messrs. Anderson, Armstrong, Baldwin, passed in the negative, two-thirds of the Sena

o-thirds of the Sena- Bingham, Bloodworth, Brown, Chipman, Cocke, Daytors present not agreeing thereto-yeas 16, nays

ton, T. Foster, D. Foster, Franklin, Greene, Gunn, 17, as follows:

Hillhouse, Hindman, Howard, Langdon, Latimer,

Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Yeas.-Messrs. Bingham, Chipman, Dayton, D. Paine, Read, Ross, Schureman, Tracy, and Wells. Foster, Hillhouse, Hindman, Howard, Latimer, J. Nay.-Mr. Marshall. Mason, Morris, Paine, Read, Ross, Schureman, Tracy,

On motion, it was agreed to reconsider the and Wells. NAYS.-Messrs. Anderson, Armstrong, Baldwin, I

Baldwin vote of the 23d of January, on the second divi. Bloodworth, Brown, Cocke, T. Foster, Franklin. | sion of the report, to wit: Greene, Langdon, Livermore, Marshall, S. T. Mason, “Whether so much as provides that the third and Nicholas.

article shall be expunged, shall stand ? ”. And, on the question on the third division, And, on the question to agree thereto, it to wit: Whether that part shall stand which passed in the negative, two-thirds of the Senarestrains it from operating against former trea-tors present not agreeing thereto-yeas 18, nays ties? it passed in the negative, two-thirds of l 13, as follows:

SENATE.]
Proceedings in Secret Session.

[FEBRUARY, 180L Yeas.-Messrs. Bingham, Chipman, Dayton, D. | Bloodworth, Brown, Chipman, Cocke, Dayton, I. Foster, Greene, Hillhouse, Hindman, Howard, Lati. Foster, Franklin, Greene, Gunn, Hindinan, Hovard, mer, Livermore, J. Mason, Morris, Paine, Read, Ross, Langdon, Latimer, Livermore, Marshall, S. T. Mason, Schüreman, Tracy, and Wells.

Nicholas, Paine, and Schureman. NAYS.—Messrs. Anderson, Armstrong, Baldwin, Nays. -Messrs. Bingham, D. Foster, Hillhouse, J. Bloodworth, Brown, Cocke, T. Foster, Franklin, Mason, Morris, Read, Ross, Tracy, and Wells. Gunn, Langdon, Marshall, S. T. Mason, and Nicholas.

Ordered, That the Secretary lay this resoloOn the question to agree to the ratification, tion before the PRESIDENT OF THE UNITED as follows:

STATES. Resolved by the Senate of the United States, (twothirds of the Senators present concurring therein,)

FRIDAY, February 20. That they do consent to, and advise the ratification of the convention between the French Republic and

The following Message was received from the the United States of America, made at Paris, the

PRESIDENT OF THE UNITED STATES: eighth day of Vendemaire, of the ninth year of the Gentlemen of the Senate : French Republic, the thirtieth day of September, I request of the Senate, that the letter and journal anno Domini, eighteen hundred : Provided, Thé of our late Envoys to France, and the copy of the second article be expunged, and that the following instructions, and other documents relative to that de article be added or inserted :

gotiation, may be returned to me, or to the offiee of It is agreed, that the present convention shall be in State.

JOHN ADAMS. force for the term of eight years, from the time of the UNITED STATES, Feb. 20, 1801. exchange of the ratifications.

The Message was read: Whereupon, It passed in the affirmative-yeas 22, nays 9, | Ordered, that the papers specified in the as follows:

| Message of the PRESIDENT OF THE UNITED YEAS.—Messrs. Anderson, Armstrong, Baldwin, States, of this day, be returned to him.

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Monday, November 17, 1800. | arise from delaying to administer the oath until

a House was formed, and he thought great cauThis being the day appointed by law for the

tion should attend an innovation opposed to all commencement of the second session of the sixth Congress, the following members of the House

precedent. of Representatives appeared, and took their seats

Mr. NICHOLAS asked whether it had heretoin the House, to wit:

fore been usual, in the case of a new House, to From New Hampshire.—ABIEL FOSTER, and

a swear the members before the choice of a JONATHAN FREEMAN.

Speaker ? From Massachusetts.— WILLIAM SHEPARD, JNO.

The SPEAKER replied that it had not. READ, JOSEPH B. VARNUM, THEODORE SEDG-,

| Mr. NICHOLAS said, that though, on first WIOK, (Speaker,) PELEG WADSWORTI, SILAB

I thought, he was favorable to administering the LEE, and LEMUEL WILLIAMS.

Laoath at the present time, yet this precedent in

clined him to think such a step improper. From Connecticut.-John DAVENPORT. From New York.John SMITH, PHILIP VAN

The SPEAKER waived the question. CORTLANDT, Jonas PLATT, HENRY GLEN, JOHN

The members present not being sufficient to THOMPSON, and THEODORUS BAILEY.

1 form a quorum, the SPEAKER adjourned the body From Pennsylvania.-MICHAEL LEIB, RICHARD

till to-morrow. THOMAS, JOSEPH HEISTER, ROBERT Brown, PETER MUHLENBERG, HENRY Woods, and JOHN

TUESDAY, November 18. SMILIE.

Several other members, to wit: from ConFrom Maryland.-GEORGE DENT, Geo. BAER, necticut, ELIZUR GOODRICH, WILLIAM EDMOND, WILLIAM CRAIK, GABRIEL CHRISTIE, JOHN C. and ROGER GRISWOLD; from New York, WILThomas, and Joseph H. NICHOLSON.

LIAM COOPER and Lucas ELMENDORPH; from New From Virginia.-LEVEN POWELL, JOHN NI- Jersey, JAMES H. IMLAY and FRANKLIN DAVENCHOLAS, ROBERT PAGE, JOHN Dawson, ANTHONY PORT; from Pennsylvania, ROBERT WALN; from New, GEORGE JACKSON, and DAVID HOLMES. Maryland, SAMUEL SMITH; from Virginia,

From North Carolina,-NATHANIEL MAOON, HENRY LEE, THOMAS EVANS, and JOHN TRIGG; RICHARD STANFORD, and WILLIS ALSTON. from North Carolina, RICHARD DOBBS SPAIGHT,

From South Carolina.-THOMAS SUMTER, and and JOSEPH DICKSON ; and from Georgia, BENBENJAMIN HUGER.

JAMIN TALIAFERRO, appeared and took their From Tennessee.-WILLIAM O. O. CLAIBORNE. seats in the House.

A new member, to wit, JOIN O. SMITH, re-l And a quorum, consisting of a majority of the turned to serve as a member of this House, from whole number, being present, the State of Connecticut, in the room of Jona- The oath to support the Constitution of the than Brace, who has resigned his seat, appeared United States, as prescribed by the act, entitled and produced his credentials.

“An act to regulate the time and manner of The SPEAKER observed that it had heretofore administering certain oaths," was administered been the invariable practice of the House to ad- by the SPEAKER to JOHN C. SMITH, a new memmit new members to take their seats previously ber, who appeared and took his seat in the to being sworn, though the constitution directed House yesterday. directly the reverse. As there was a new mem-' Ordered, That a message be sent to the Senato ber present, he suggested the propriety of ad- to inform them that a quorum of this House is ministering the oath to him before he took his assembled, and ready to proceed to business ; seat.

and that the Clerk of this House do go with Mr. Macon thought such a step premature. said message. He was of opinion that no inconvenience would

Vol. II. -32

House.

H. of R.]

Proceedings.

[NOVEMBER, 1801 WEDNESDAY, November 19. '

THE UNITED STATES, agreeably to his notifica

tion to both Houses yesterday. Several other members, to wit: from Ver

| Mr. SPEAKER, attended by the members d mont, LEWIS R. MORRIS, and from Virginia,

they this House, then withdrew to the Senate ChaniJosiah PARKER and JOHN RANDOLPH, appeared,

Ado ber, for the purpose stated in the Senate's mesand took their seats in the House.

sage; and, being returned, Mr. SPEAKEP laid

before the House & copy of the speech delivered THURSDAY, November 20.

| by the PRESIDENT OF THE UNITED STATES DO Two other members, to wit: from Virginia,

de both Houses of Congress, in the Senate Chamber. ABRAM TRIGG, and from Pennsylvania, ANDREW GREGG, appeared, and took their seats in the

[See Senate proceedings of this date, ante, page 1782.]

Ordered, That the said speech be committed Friday, November 21.

to a Committee of the whole House immediately. Several other members, to wit, from Massa- The House, accordingly, resolved itself into chusetts, GEORGE THATCHER; from New Jersey, the said committee; and, after some time spent JOHN CONDIT, AARON KITCHELL, and JAMES therein, Mr. SPEAKER resumed the chair, and LINN; from Pennsylvania, JOHN A. HANNA; Mr. HARPER reported that the committee had and from South Carolina, ROBERT GOODLOE had the said speech under consideration, and HARPER, appeared, and took their seats in the come to a resolution thereupon; which was House.

twice read, and agreed to by the House, as folA message from the Senate informed the lows: House that a quorum of the Senate is assembled, Resolved, That it is the opinion of this committee and ready to proceed to business, and that, in that a respectful address ought to be presented by the the absence of the VICE PRESIDENT, they have House of Representatives to the PRESIDENT OF THE elected the Hon. John HOWARD, President of the UNITED STATES, in answer to his speech to both Senate, pro tempore.

Houses of Congress, at the commencement of the Resolved, That Mr. GRISWOLD, Mr. SAMUEL present session, containing assurances that this House SMITH, and Mr. Craik, be a committee, on the will duly attend to the important objects recommend part of this House, jointly, with such committee ed by him to their consideration. as may be appointed on the part of the Senate, Ordered, That Mr. GRISWOLD, Mr. Macor. to wait on the PPESIDENT OF THE UNITED STATES, Mr. Craik, Mr. HENDERSON, and Mr. NICHOLAS and notify him that a quorum of the two Houses be appointed a committee to prepare an address is assembled, and ready to receive any commu- pursuant to the said resolution. nications he may think proper to make to them. Ordered, That the Speech of the PRESIDENT OT

Ordered, That the Clerk of this House do ac- THE UNITED STATES be committed to the Commit quaint the Senate therewith.

tee of the whole House on the state of the Union. A message from the Senate informed the And then the House adjourned. House that the Senate have appointed a committee jointly, with the committee appointed by

MONDAY, November 24. this House, to wait on the PRESIDENT OF THE

Several other members, to wit: from Vans UNITED STATES, and notify him that a quorum of the two Houses is assembled, and ready to

chusetts, HARRISON G. Otis, and PHANTEL receive any communications be may think pro

BISHOP; from Virginia, MATTHEW CLAY; and

from North Carolina, David STONE, appeared per to make to them. Mr. GRISWOLD, from the joint committee ap

and took their seats in the House. pointed to wait on the PRESIDENT OF THE

WILLIAM MMILLAN, returned to serve as a UNITED STATES, and notify him that a quorum

Representative for the Territory of the United of the two Houses is assembled, and ready to

States north-west of the Ohio, in the room of receive any communications he may think pro

William Henry Harrison, who has resigned his per to make to them, reported that the com

seat, appeared, produced his credentials, was mittee had performed that service, and that the

qualified, and took his seat in the House. PRESIDENT signified to them he would make a communication to both Houses to-morrow at

TUESDAY, November 25. twelve o'clock, in the Senate Chamber.

Another member, to wit, JOHN WILKES KIT

TERA, from Pennsylvania, appeared, was quaiSATURDAY, November 22.

ified, and took his seat in the House. Two other members, to wit: from North Ca

A new member, to wit, NATHAN READ, ré rolina, ARCHIBALD HENDERSON ; and from Vir

I turned to serve as a member of this House ginia, EDWIN GRAY, appeared, and took their

from the State of Massachusetts, in the room of

Samuel Sewall, who has resigned his seat, apseats in the House.

peared, produced his credentials, and took his President's Speech.

seat in the House. A message from the Senate informed the House that the Senate are now ready, in the

WEDNESDAY, November 26. Senate Chamber, to attend this House in receiv- A new member, to wit, LYTTLETON W. TAZE ing the communication from the PRESIDENT OF WELL, returned to serve as a member of the

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