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Senate.]

Dayton, T. Foster, D. Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Latimer, Livermore, 8. T. Mason, J. Mason, Morris, Nicholas, Paine, Bead, Ross, Schureman, Tracy, and Wells.

On motion to fill the blank in the second additional article, agreed to as in Committee of the Whole, with the words, "ten years;" it passed in the negative—yeas 9, nays 19, as follows:

Yeas.—Messrs. Baldwin, Bloodworth, fjrown, Cocke, T. Foster, Franklin, Langdon, S. T. Mason, and Nicholas.

Nats.—Messrs. Anderson, Armstrong, Bingham, Chipman, Dayton, D. Foster, Greene, Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

On motion to fill the blank with the words "eight years," it passed unanimously in the affirmative—yeas 28, as follows:

Yeas.—Messrs. Anderson, Armstrong, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster, Franklin, Greene, HiUhoase, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.

On motion to amend the second additional article agreed to as in Committee of the Whole, by striking out these words, "until two years, to be computed from the day of the signature of the preliminary or other articles of peace, which shall conclude the war in which the French nation is now engaged."

And, on the question, "Shall these words stand?" it passed in the negative—yeas 4, nays 23, as follows:

Yeas.—Messrs. Livermore, Paine, Read, and Tracy.

Nats.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster, Franklin, Greene, Hillhouse, Howard, Lantrdon, Latimer, Marshall, S. T. Mason, J. Mason, Morris, Nicholas, Schureman, and Wells.

And the article having been further amended, by unanimous consent, to read as follows:

"The present convention shall be in full force for the term of eight years, to be computed from the time of the exchange of the ratifications.''

On the question, whether the Senate would advise and consent to the said additional article, as amended? it passed in the affirmative—yeas 26, nay 1, as follows:

Yeas.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Latimer, Marshall, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Schureman, Tracy, and Wells.

Nat.—Mr. Livermore.

Ordered, That Mr. Mobris, Mr. Nicholas, and Mr. Dayton, be a committee to reduce the several votes on this treaty into the form of a ratification.

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Wednesday, January 21.

The following Message was received from tin President Of The United States: Gentlemen of tie Senate t

In compliance with your request, signified in Toc resolution of the twentieth day of this month, I tntsmit you a report, made to me by the Secretarr of State, on the same day; a letter of our late Emm to him on the 4th of October last; an extract of i letter from our Minister Plenipotentiary in Loois, to him, of the 22d of November last; and an extna of another letter from the Minister to the Secretarr, of the 31st of October last.

The reasoning in the letter of our late Enroyi to France is so fully supported by the writers on the In of nations, particularly by Vattel, as well as b* hi great masters, Grotius and Puffendorf, that nothht is left to be desired to settle the point, that if then be a collision between two treaties, made with twa different powers, the more ancient has the advantage; for no engagement contrary to it can be entered into in the treaty afterwards made; and if this list be found, in any case, incompatible with the more ancient one, its execution is considered as impossible, beorcs the person promising had not the power of ados contrary to his antecedent engagement Althra$ our right is very clear to negotiate treaties accordini. to our own ideas of right and justice, honor and pod faith, yet it must always be a satisfaction to bar* that the judgment of other nations with whom > > have connection, coincides with ours, and that it have no reason to apprehend that any disagrees.!* questions and discussions are likely to arise. Tb* letters from Mr. King will, therefore, be read bj iii Senate, with particular satisfaction.

The inconveniences to public officers and the mlichiefs to the public, arising from the publication » the despatches of Ministers abroad, are so iranerous, and so obvious, that I request of the Sens!* that these papers, especially the letters from Ml King, be considered in close confidence.

JOHN ADAMS.

United States, Jan. 21, 1801.

The Message and papers were read, ard ordered to lie for consideration.

The Senate resumed the consideration of the report of the committee appointed to reduce the several votes on the convention made on behalf of the United States with the Republic of France, into the form of a ratification, together with the motion made yesterday thereon, to wit: to amend the proviso, by inserting after the word " third," the words " and nineteenth.'' And, on the question, to agree to the insertion of the words, it was determined in the negative —yeas 6, nays 22, as follows:

Yeas.—Messrs. Bingham, Hillhouse, Read, Ites, Tracy, and Wells.

Nays.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, I. Foster, D. Foster, Franklin, Greene, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine, and Schureman.

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

Procetdingt in Secret Seuion.

February, 1801.] Proceeding) in Secret Session.

Fmday, January 23.

The Senate resumed the consideration of the report of the committee appointed to reduce the several votes on the convention made on behalf of the United States with the Republic of France, into the form of a ratification, which report is as follows:

Resolved by the Senate of the United States, (twothirds of the Senators present concurring therein,) That they do consent to and advise the ratification of the convention between the French Republic and the United States of America, made at Paris the eighth day of Vendcmaire, of the ninth year of the French Republic, the thirtieth day of September, anno Domini eighteen hundred: Provided, The second and third articles be expunged, and that the following articles be added or inserted:

1st. It is understood that nothing in this convention shall be so construed as to operate contrary to any former and existing treaties between either of the parties and any other State or Sovereign.

2d. It is agreed that the present convention shall be in force for the term of eight years from the timo of the exchange of the ratifications.

Whereupon a motion was made to strike out the whole of the proviso; on which it was agreed to divide the question into "four parts, viz:

1st. Whether so much as provides that the second article shall be expunged, shall stand?

2d. Whether so much as provides that the third article be expunged, shall stand?

3d. Whether that part shall stand which restrains it from operating against former treaties?

4th. Whether that port shall stand which provides a limitation of time to its duration?

And, on the question on the first division, to wit: Whether so much as provides that the second article shall be expunged, shall stand? it passed in the negative, two-thirds of the Senators present not agreeing thereto—yeas 17, nays 13, as follows:

Yeas.—Messrs. Armstrong, Bingham, Chipman, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Paine, Read, Ross, Schnreman, Tracy, and Wells.

Nats.—Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greene, Langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

And on the question on the second division, to wit: Whether so much as provides that the third article shall be expunged, shall stand? it passed in the negative, two-thirds of the Senators present not agreeing thereto—yeas 16, nays 17, as follows:

Yeas.—Messrs. Bingham, Chipman, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Nats.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greene, langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

And, on the question on the third division, to wit: Whether that part shall stand which restrains it from operating against former treaties? it passed in the negative, two-thirds of

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the Senators present not agreeing thereto—yeas 17, nays 13, as follows:

Yeas.—Messrs. Bingham, Chipman, Dayton, D. Foster, Greene, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Nats.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

And, on the question on the "ourth division, to wit: Whether that part shall stand which provides a limitation of time to its duration? it was determined in the affirmative—yeas 24, nays 6, as follows:

Yeas.—Messrs. Anderson, Armstrong, Bingham, Bloodworth, Chipman, Cocke, Dayton, D. Foster, Franklin, Greene, Hillhouse, Hindman, Howard, Langdon, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Nays.—Messrs. Baldwin, Brown, T. Foster, Marshall, S. T. Mason, and Nicholas.

And, on the question to agree to the report of the committee, as amended, it was determined in the negative, two-thirds of the Senators present not agreeing thereto—yeas 16, nays 14, as follows:

Yeas.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, T. Foster, Franklin, Greene, Langdon, Livermore, Marshall, S. T. Mason, Nicholas, and Paine.

Nays.—Messrs. Bingham, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Read, Ross, Schnreman, Tracy, and Wells.

Tuesday, February 8. On motion, it was agreed to reconsider tho vote passed the 23d of January, on the report of the committee appointed to reduce the several votes on the convention made on behalf of the United States with the French Republic, into the form of a ratification.

On motion, it was agreed to reconsider the first division of the report, to wit:

"Whether so mnch as provides that the second article shall be expunged, shall stand?"

And, on the question to agree to this part of the report, it passed in the affirmative—yeas 80, nay 1, as follows:

Yeas,—Messrs. Anderson, Armstrong, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. F'oster, Franklin, Greene, Gnnn, Hillhouse, Hindman, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.

Nay.—Mr. Marshall.

On motion, it was agreed to reconsider the vote of the 23d of January, on the second division of the report, to wit:

"Whether so much as provides that the third article shall be expnnged, shall stand?"

And, on the question to agree thereto, it passed in the negative, two-thirds of the Senators present not agreeing thereto—yeas 18, nays 13, as follows:

Senate.]

Yeas.—Messrs. Bingham, Chipman, Dayton, D. Foster, Greene, Hillhouse, Hindman, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schurcman, Tracy, and Wells.

Nats.—Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Gunn, Langdon, Marshall, S. T. Mason, and Nicholas.

On the question to agree to the ratification, as follows:

Resolved by the Senate of the United States, (twothirds of the Senators present concurring therein,) That they do consent to, and advise the ratification of the convention between the French Republic and the United States of America, made at Paris, the eighth day of Vendemaire, of the ninth year of the French Republic, the thirtieth day of September, anno Domini, eighteen hundred: Provided, The second article be expunged, and that the following article be added or inserted:

It is agreed, that the present convention shall be in force for the term of eight years, from the time of the exchange of the ratifications.

It passed in the affirmative—yeas 22, nays 9, as follows:

Teas.—Messrs. Anderson, Armstrong, Baldwin,

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Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, Franklin, Greene, Gunn, Hindman, Howard, Langdon, Latimer, Livennore, Marshall, S. T. Masce, Nicholas, Paine, and Schureman.

Nats.—Messrs. Bingham, D. Foster, nnih •-..-*' Mason, Morris, Read, Ross, Tracy, and Wells.

Ordered, That the Secretary lay this resolution before the President Of The Uarrrni States.

Friday, February 20. The following Message was received from the President Of The United States: Gentlemen of the Senate:

I request of the Senate, that the letter and journal of our late Envoys to France, and the copy of their instructions, and other documents relative to that negotiation, may be returned to me, or to the office of State. JOHN ADAMS.

Uicitkd States, Feb. 20, 1801.

The Message was read: Whereupon, Ordered, That the papers specified in the Message of the President Of The Usttzd States, of this day, be returned to him.

Proceedings in Secret Session.

November, 1800.] Porcudings. [H. 'T K.

SIXTH CONGRESS-SECOND SESSION.

PROCEEDINGS AND DEBATES
or

THE HOUSE OF REPRESENTATIVES.

Monday, November 17, 1800.

This beiDg the day appointed by law for the commencement of the second session of the sixth Congress, the following members of the House of Representatives appeared, and took their seats in the House, to wit:

From New Hampshire.Abiel Foster, and Jonathan Fbeeman.

From Massachusetts.William Shepaed, Jno. Read, Joseph B. Varnum, Theodore SedgWick, (Speaker,) Pelkg "wadswobth, Silas Lee, and Lemuel Williams.

From Connecticut.John Davenport.

From New York.John Smith, Philip Van

CORTLANDT, JoNAS Platt, Henrt GLEN, JOHN

Thompson, and Theodorus Bailey.

From Pennsyltania.Michael Leib, Richard Thomas, Joseph Heister, Robert Brown, PeTer Muhlenberg, Henry Woods, and John Smiue.

From Maryland.George Dent, Geo. Bake, William Craik, Gabriel Christie, John C. Thomas, and Joseph H. Nicholson.

From Virginia.Leven Powell, John NiCholas, Robert Page, John Dawson, Anthony Nkw, George Jackson, and David Holmes.

From North Carolina.Nathaniel Macon, Richard Stanford, and Willis Alston.

From South Carolina.Thomas Sumter, and Benjamin Huger.

From Tennessee.William 0. C. Claiborne.

A new member, to wit, John 0. Smith, returned to serve as a member of this House, from the State of Connecticut, in the room of Jonathan Brace, who has resigned his seat, appeared and produced his credentials.

The Speaker observed that it had heretofore been the invariable practice of the House to admit new members to take their seats previously to being sworn, though the constitution directed directly the reverse. As there was a new member present, he suggested the propriety of administering the oath to him before he took his seat.

Mr. Macon thought such a step premature. He was of opinion that no inconvenience would Vol. IL— 82

I arise from delaying to administer the oath until a House was formed, and he thought great caution should attend an innovation opposed to all precedent.

Mr. Nicholas asked whether it had heretofore been usual, in the case of a new House, to swear the members before the choice of a Speaker?

The Speaker replied that it had not.

Mr. Nicholas said, that though, on first thought, he was favorable to administering the oath at the present time, yet this precedent inclined him to think such a step improper.

The Speaker waived the question.

The members present not being sufficient to form a quorum, the Speaker adjourned the body till to-morrow.

Tuesday, November 18.

Several other members, to wit: from Connecticut, Elizur Goodrich, William Edmond, and Roger Griswold; from New York, WilLiam Cooper and Lucas Elmendorph ; from New Jersey, James H. Imlay and Franklin DavenPort; from Pennsylvania, Robert Waln; from Maryland, Samuel Smith; from Virginia, Henry Lee, Thomas Evans, and John Trigg; from North Carolina, Richard Dobbs Spaight, and Joseph Dickson; and from Georgia, BenJamin Taliaferro, appeared and took their seats in the House.

And a quorum, consisting of a majority of the whole number, being present,

The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by the Speaker to John C. Smith, a new member, who appeared and took his seat in the House yesterday.

Ordered, That a message be sent to the Senate to inform them that a quorum of this House is assembled, and ready to proceed to business; and that the Clerk of this House do go with said message.

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Thursday, November 20.

Two other members, to wit: from Virginia, Abram Trigg, and from Pennsylvania, Andrew Gregg, appeared, and took their seats in the

House.

Friday, November 21.

Several other members, to wit, from Massachusetts, George Thatcher; from New Jersey, Joiin Condit, Aaron Kitchell, and James Linn; from Pennsylvania, John A. Hanna; and from South Carolina, Robert Goodloe Harper, appeared, and took their seats in the House.

A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business, and that, in the absence of the Vice President, they have elected the Hon. John Howabd, President of the Senate, pro tempore.

Beeolved, That Mr. Griswold, Mr. Samuel Smith, and Mr. Craik, be a committee, on the part of this Honse, jointly, with such committee as may be appointed on the part of the Senate, to wait on the President Of The United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them.

Ordered, That the Clerk of this House do acquaint the Senate therewith.

A message from the Senate informed the House that the Senate have appointed a committee jointly, with the committee appointed by this House, to wait on the President Of The United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them.

Mr. Griswold, from the joint committee appointed to wait on the President Of The United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them, reported that the committee had performed that service, and that the President signified to them he would make a communication to both Houses to-morrow at twelve o'clock, in the Senate Chamber.

Saturday, November 22. Two other members, to wit: from North Carolina, Archibald Henderson; and from Virginia, Edwin Gray, appeared, and took their seats in the House.

President's Speech. A message from the Senate informed the House that the Senate are now ready, in the Senate Chamber, to attend this Hoqse in receiving the communication from the President Of

[november, 1800.

Toe United States, agreeably to his notiftation to both Houses yesterday.

Mr. Speaker, attended by the members of this House, then withdrew to the Senate Chamber, for the purpose stated in the Senate's message; and, being returned, Mr. Speakee kid before the House a copy of the speech delivered by the President Of The United States to both Houses of Congress, in t he Senate Chamber. [See Senate proceedings of this date, ante, page 482.]

Ordered, That the said speech be comraittoi to a Committee of the whole House immedUte!;.

The House, accordingly, resolved itself into the said committee; and, after some time spat therein, Mr. Speaker resumed the chair, aiw Mr. Harper reported that the committee hii had the said speech under consideration, aid come to a resolution thereupon; which ws twice read, and agreed to by the House, as follows:

Resolved, That it is the opinion of this commisw that a respectful address ought to be presented by ifHouse of Kepresentatives to the President Of in United States, in answer to his speech to bci Houses of Congress, at the commencement of tie present session, containing assurances that this Hx* will duly attend to the important objects reccaiBeoced by him to their consideration.

Ordered, That Mr. Griswold, Mr. Macos. Mr. Craik, Mr. Henderson, and Mr. NicHoui be appointed a committee to prepare an adiire* pursuant to the said resolution.

Ordered, That the Speech of the Presimsto: The United States be committed to theComm!:tee of the whole House on the state of the Unkt

And then the House adjourned.

Monday, November 24. Several other members, to wit: from Massachusetts, Harrison G. Otis, and Ph-asto Bishop; from Virginia, Matthew Clat; and from North Carolina, David Stone, appeared and took their seats in the House.

William M'millan, returned to serve a* * Representative for the Territory of the UniW States north-west of the Ohio, in the room ot William nenry Harrison, who has resigned Mi seat, appeared, produced his credentials, qualified, and took his seat in the House.

Tuesday, November 25. Another member, to wit, John Wilkes KnTera, from Pennsylvania, appeared, was qualified, and took his seat in the House.

A new member, to wit, Nathan Read, returned to serve as a member of this Hot* from the State of Massachusetts, in the room of Samuel Sewall, who has resigned his seat, appeared, produced his credentials, and took te seat in the House.

Wednesday, November 28. A new member, to wit, Lyttleton W. TazeWell, returned to serve as a member of tie

Proceeding:

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