Chapter XIX: Front Matter (19)

The Commissioners appointed in pursuance of the sixth
article of the treaty, met at Philadelphia in May last, to
examine the claims of British subjects, for debts
contracted before the peace, and still remaining due to
them, from citizens or inhabitants of the United States.
Various causes have hitherto prevented any determinations;
but the business is now resumed, and doubtless will be
prosecuted without interruption.

Several decisions on the claims of the citizens of the
United States, for losses, and damages, sustained by reason
of irregular and illegal captures, or condemnations, of
their vessels or other property, have been made by the
Commissioners in London, conformably to the seventh article
of the treaty; the sums awarded by the Commissioners have
been paid by the British Government; a considerable number
of other claims, where costs and damages, and not captured
property, were the only objects in question, have been
decided by arbitration, and the sums awarded to the
citizens of the United States have also been paid.

The Commissioners appointed agreeably to the 21st article
of our Treaty with Spain, met at Philadelphia in the summer
past, to examine and decide on the claims of our citizens
for losses they have sustained in consequence of their
vessels and cargoes having been taken by the subjects of
His Catholic Majesty, during the late war between Spain and
France; their sittings have been interrupted, but are now
resumed.

The United States being obligated to make compensation for
the losses and damages sustained by British subjects, upon
the award of the Commissioners acting under the sixth
article of the Treaty with Great Britain, and for the
losses and damages sustained by British subjects, by reason
of the capture of their vessels and merchandise, taken
within the limits and jurisdiction of the United States,
and brought into their ports, or taken by vessels
originally armed in ports of the United States, upon the
awards of the Commissioners acting under the seventh
article of the same treaty, it is necessary that provision
be made for fulfilling these obligations.

The numerous captures of American vessels by cruisers of
the French Republic, and of some by those of Spain, have
occasioned considerable expenses, in making and supporting
the claims of our citizens before their tribunals. The sums
required for this purpose have, in divers instances, been
disbursed by the Consuls of the United States; by means of
the same captures, great numbers of our seamen have been
thrown ashore in foreign countries, destitute of all means
of subsistence, and the sick, in particular, have been
exposed to grievous suffering.

The Consuls have, in these cases also, advanced moneys for
their relief; for these advances they reasonably expect
reimbursements from the United States. The Consular act
relative to seamen requires revision and amendment; the
provisions for their support in foreign countries, and for
their return, are found to be inadequate, and ineffectual.
Another provision seems necessary to be added to the
Consular act; some foreign vessels have been discovered
sailing under the flag of the United States, and with
forged papers. It seldom happens that the Consuls can
detect this deception, because they have no authority to
demand an inspection of the registers and sea letters.

_Gentlemen of the House of Representatives_:

It is my duty to recommend to your serious consideration
those objects which, by the constitution, are placed
particularly within your sphere--the national debt and
taxes.

Since the decay of the feudal system, by which the public
defence was provided for, chiefly at the expense of
individuals, a system of loans has been introduced. And as
no nation can raise, within the year, by taxes, sufficient
sums for its defence, and military operations in time of
war, the sums loaned and debts contracted have necessarily
become the subjects of what have been called funding
systems. The consequences arising from the continued
accumulation of public debts in other countries, ought to
admonish us to be careful to prevent their growth in our
own. The national defence must be provided for as well as
the support of Government; but both should be accomplished,
as much as possible, by immediate taxes, and as little as
possible by loans. The estimates for the services for the
ensuing year will, by my direction, be laid before you.

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

We are met together at a most interesting period; the
situations of the principal powers of Europe are singular
and portentous: connected with some by treaties and with
all by commerce, no important event there can be
indifferent to us; such circumstances call with peculiar
importunity, not less for a disposition to unite in all
those measures on which the honor, safety, and prosperity
of our country depend, than for all the exertions of wisdom
and firmness.

In all such measures you may rely on my zealous and hearty
concurrence.

JOHN ADAMS.

UNITED STATES, _November_ 23, 1797.

_Ordered_, That Messrs. STOCKTON, LAURANCE, and LIVERMORE, be a committee to report the draft of an Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech, this day, to both Houses of Congress; and that the Speech be printed for the use of the Senate.

FRIDAY, November 24.

A message from the House of Representatives informed the Senate, that the House have agreed to so much of the resolution of the Senate, of the 22d instant, relative to the appointment of Chaplains, as is contained in the words following, to wit:

"_Resolved_, That two Chaplains be appointed to Congress for the present session, one by each House, who shall interchange weekly."

"The House have proceeded, by ballot, to the appointment of a Chaplain on their part; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of the Rev. ASHBEL GREEN."

SATURDAY, November 25.

Mr. STOCKTON, from the committee, reported the draft of an Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress, at the opening of the session; which was read.

On motion, that a number of copies be printed, under an injunction that no more should be struck off than may be necessary for the use of the Senate, it passed in the negative.

_Ordered_, That the Secretary furnish such Senators as request it, with copies of this report.

MONDAY, November 27.

HENRY TAZEWELL, from the State of Virginia, attended.

The Senate resumed the consideration of the report of the committee, of the draft of an Address in answer to the Speech of the PRESIDENT OF THE UNITED STATES, to both Houses of Congress, at the opening of the session; which, being read in paragraphs, and amended, was adopted, as follows:

_To the President of the United States_:

SIR: The communications you thought proper to make in your
Speech to both Houses of Congress on the opening of their
present session, afford additional proofs of the attention,
integrity, and firmness, which have always marked your
official character.

We cannot but approve of the measures you had taken to
ascertain the state and decline of the contagious sickness
which has so lately afflicted the city of Philadelphia, and
the pleasing circumstance that Congress is now assembled at
that place, without hazard to the health of its members,
evinces the propriety of your having postponed a
determination to convene the National Legislature at
another place. We shall take into consideration the law of
1794, on this subject, and will readily concur in any
amendment which may be deemed expedient.

It would have given us much pleasure to have received your
congratulations on the re-establishment of peace in Europe,
and the restoration of security to the persons and property
of our citizens from injustice and violence at sea. But,
though these events, so desirable to our country and the
world, have not taken place, yet we have abundant cause of
gratitude to the Great Disposer of human events for
interior tranquillity and personal security, for propitious
seasons, prosperous agriculture, productive fisheries, and
general improvement; and, above all, for a rational spirit
of civil and religious liberty, and a calm, but steady
determination to support our sovereignty against all open
and secret attacks.

We learn, with satisfaction, that our Envoys Extraordinary
to the French Republic had safely arrived in Europe, and
were proceeding to the scene of negotiation; and, whatever
may be the result of the mission, we are perfectly
satisfied that nothing on your part has been omitted, which
could, in any way, conduce to a successful conclusion of
the negotiation, upon terms compatible with the safety,
honor, and interest, of the United States; and we are fully
convinced that, in the mean time, a manifestation of that
unanimity and energy of which the people of the United
States have given such memorable proofs, and a proper
exertion of those resources of national defence, which we
possess, will essentially contribute to the preservation of
peace and the attainment of justice.

We think, sir, with you, that the commerce of the United
States is essential to the growth, comfort, and prosperity
of our country; and that the faith of society is pledged
for the preservation of the rights of commercial and
seafaring, no less than of other citizens. And even if our
negotiation with France should terminate favorably, and the
war in Europe cease, yet the state of society, which
unhappily prevails in so great a portion of the world, and
the experience of past times, under better circumstances,
unite in warning us that a commerce so extensive, and which
holds out so many temptations to lawless plunderers, can
never be safe without protection; and we hold ourselves
obliged, by every tie of duty which binds us to our
constituents, to promote and concur in such measures of
marine defence, as may convince our merchants and seamen
that their rights are not sacrificed, nor their injuries
forgotten.

We regret, that, notwithstanding the clear and explicit
terms of the treaty between the United States and His
Catholic Majesty, the Spanish garrisons are not yet
withdrawn from our territory, nor the running of the
boundary line commenced. The United States have been
faithful in the performance of their obligations to Spain,
and had reason to expect a compliance equally prompt on the
part of that power. We still, however, indulge the hope
that the convincing answers, which have been given to the
objections stated by the Spanish officers, to the immediate
execution of the treaty, will have their proper effect; and
that this treaty, so mutually beneficial to the contracting
parties, will be finally observed with good faith. We
therefore entirely approve of your determination to
continue in readiness to receive the posts, and to run the
line of partition between our territory and that of the
King of Spain.

Attempts to alienate the affections of the Indians; to form
them into a confederacy, and to excite them to actual
hostility against the United States, whether made by
foreign agents, or by others, are so injurious to our
citizens at large, and so inhuman with respect to our
citizens inhabiting the adjacent territory, as to deserve
the most exemplary punishment; and we will cheerfully
afford our aid in framing a law, which may prescribe a
punishment adequate to the commission of crimes so heinous.

The several objects you have pointed out to the attention
of the Legislature, whether they regard our internal or
external relations, shall receive from us that
consideration which they merit; and we will readily concur
in all such measures as may be necessary, either to enable
us to fulfil our engagements at home, or to cause ourselves
to be respected abroad. And, at this portentous period,
when the powers of Europe, with whom we are connected by
treaty or commerce, are in so critical a situation, and
when the conduct of some of those powers towards the United
States is so hostile and menacing, the several branches of
the Government are, in our opinion, called upon, with
peculiar importunity, to unite, and, by union, not only to
devise and carry those measures on which the safety and
prosperity of our country depend, but also to undeceive
those nations who, regarding us as a weak and divided
people, have pursued systems of aggression inconsistent
with a state of peace between independent nations. And, sir
we beg leave to assure you, that we derive a singular
consolation from the reflection that, at such a time, the
Executive part of our Government has been committed to your
hands, for, in your integrity, talents, and firmness, we
place the most entire confidence.

JACOB READ,

_President of the Senate pro tempore_.

_Ordered_, That the committee who prepared the Address wait on the PRESIDENT OF THE UNITED STATES and desire him to acquaint the Senate at what time and place it will be most convenient for him that it should be presented.

On motion, _Ordered_, That Messrs. TRACY, BINGHAM, and GREENE, be a committee, to inquire what business remained unfinished at the close of the last session of Congress, which, in their opinion, is proper for the Senate to take into consideration the present session, and, also, what laws will expire before the next session of Congress, and report thereon to the Senate.

TUESDAY, November 28.

Mr. STOCKTON reported, from the committee, that they had waited on the PRESIDENT OF THE UNITED STATES, and that he would receive the Address of the Senate this day at 12 o'clock, at his own house.

The Senate accordingly waited on the PRESIDENT OF THE UNITED STATES, and the PRESIDENT _pro tempore_, in their name, presented the Address agreed to yesterday.

To which the PRESIDENT made the following Reply:

_Gentlemen of the Senate_:

I thank you for this Address.

When, after the most laborious investigation, and serious
reflection, without partial considerations, or personal
motives, measures have been adopted or recommended, I can
receive no higher testimony of their rectitude, than the
approbation of an assembly, so independent, patriotic, and
enlightened, as the Senate of the United States.

Nothing has afforded me more entire satisfaction, than the
coincidence of your judgment with mine, in the opinion of
the essential importance of our commerce, and the absolute
necessity of a maritime defence. What is it, that has drawn
to Europe the superfluous riches of the three other
quarters of the globe, but a marine? What is it that has
drained the wealth of Europe itself into the coffers of two
or three of its principal commercial powers, but a marine?

The world has furnished no example of a flourishing
commerce, without a maritime protection; and a moderate
knowledge of man and his history will convince any one,
that no such prodigy ever can arise. A mercantile marine
and a military marine must grow up together; one cannot
long exist without the other.

JOHN ADAMS.

UNITED STATES, _November_ 28, 1797.

The Senate returned to their own Chamber, and adjourned.

WEDNESDAY, November 29.

The PRESIDENT laid before the Senate the memorial and address of the people called Quakers, from their yearly meeting, held in Philadelphia, in the year 1797, requesting the attention of Congress to the oppressed state of the African race, and the general prevalence of vice and immorality; and the same was read and ordered to lie on the table.

THURSDAY, November 30.

_Ordered_, That the memorial and address of the people called Quakers, presented yesterday, be withdrawn.

FRIDAY, December 1.

JAMES HILLHOUSE, from the State of Connecticut, attended.

MONDAY, December 11.

THEODORE SEDGWICK, from the State of Massachusetts, attended.

WEDNESDAY, December 13.

THOMAS JEFFERSON, Vice President of the United States and President of the Senate, attended.

FRIDAY, December 22.

JOHN E. HOWARD, from the State of Maryland, attended.

THURSDAY, December 28.

JOHN BROWN, from the State of Kentucky, attended.

FRIDAY, December 29.

STEPHENS THOMPSON MASON, from the State of Virginia, attended.

MONDAY, January 8, 1798.

JAMES ROSS, from the State of Pennsylvania, attended.

THURSDAY, January 11.

JAMES LLOYD, appointed a Senator by the State of Maryland, in the place of John Henry, elected Governor of said State, produced his credentials; and, the oath required by law being administered, he took his seat in the Senate.

WEDNESDAY, January 17.

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

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

The situation of affairs between the United States and the
Cherokee Indians having evinced the expediency of a treaty
with that nation, for the promotion of justice to them, as
well as of the interests and convenience of our citizens, I
have nominated, and, by and with the advice and consent of
the Senate, appointed Commissioners to hold conferences,
and conclude a treaty, as early as the season of the year
and the convenience of the parties will admit.

As we know very well, by experience, such negotiations
cannot be carried on without considerable expenses, I
recommend to your consideration the propriety of making an
appropriation, at this time, for defraying such as may be
necessary for holding and concluding a treaty.

That you may form your judgments with greater facility, I
shall direct the proper officer to lay before you an
estimate of such articles and expenses as may be thought
indispensable.

JOHN ADAMS.

UNITED STATES, _January_ 17, 1798.

MONDAY, January 22.

JOSIAH TATTNALL, from the State of Georgia, attended.

FRIDAY, February 2.

JOHN SLOSS HOBART, appointed a Senator by the State of New York, in the place of Philip Schuyler, resigned, produced his credentials, and, the oath required by law being administered, he took his seat in the Senate.

MONDAY, February 5.

_French Outrage._

The following Message was received from the PRESIDENT OF THE UNITED STATES; which was read:

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

I have received a letter from his Excellency Charles
Pinckney, Esq., Governor of the State of South Carolina,
dated the 22d October, 1797, enclosing a number of
depositions and witnesses to several captures and outrages
committed within and near the limits of the United States,
by a French privateer belonging to Cape Francois, or Monte
Christo, called the Vertitude or Fortitude, and commanded
by a person of the name of Jordan or Jourdain, and
particularly upon an English merchant ship named the
Oracabissa, which he first plundered and then burned, with
the rest of her cargo, of great value, within the territory
of the United States, in the harbor of Charleston, on the
17th of October last. Copies of which letter and
depositions, and also of several other depositions relative
to the same subject, received from the Collector of
Charleston, are herewith communicated.

Whenever the channel of diplomatical communication between
the United States and France shall be opened, I shall
demand satisfaction for the insult and reparation for the
injury.

I have transmitted these papers to Congress, not so much
for the purpose of communicating an account of so daring a
violation of the territory of the United States, as to show
the propriety and necessity of enabling the Executive
authority of Government to take measures for protecting the
citizens of the United States and such foreigners as have a
right to enjoy their peace, and the protection of their
laws, within their limits, in that as well as some other
harbors which are equally exposed.

JOHN ADAMS.

UNITED STATES, _February_ 5, 1798.

_Ordered_, That the Message and papers referred to lie for consideration.

MONDAY, February 19.

JOSHUA CLAYTON, appointed a Senator by the Legislature of the State of Delaware, in the place of John Vining, resigned, produced his credentials, which were read, and, the oath required by law being administered, he took his seat in the Senate.

MONDAY, March 5.

_Affairs with France._

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

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

The first despatches from our Envoys Extraordinary, since
their arrival at Paris, were received at the Secretary of
State's office at a late hour the last evening. They are
all in a character which will require some days to be
deciphered, except the last, which is dated the 8th of
January, 1798. The contents of this letter are of so much
importance to be immediately made known to Congress and to
the public, especially to the mercantile part of our
fellow-citizens, that I have thought it my duty to
communicate them to both Houses without loss of time.

JOHN ADAMS.

UNITED STATES, _March_ 5, 1798.

The Message and paper therein referred to were read, and ordered to lie for consideration.

MONDAY, March 19.

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

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

The despatches from the Envoys Extraordinary of the United
States to the French Republic, which were mentioned in my
Message to both Houses of Congress, of the fifth instant,
have been examined and maturely considered.

While I feel a satisfaction in informing you that their
exertions, for the adjustment of the differences between
the two nations, have been sincere and unremitted, it is
incumbent on me to declare, that I perceive no ground of
expectation that the objects of their mission can be
accomplished, on terms compatible with the safety, the
honor, or the essential interests of the nation.

This result cannot, with justice, be attributed to any want
of moderation on the part of this Government, or to any
indisposition to forego secondary interests, for the
preservation of peace. Knowing it to be my duty, and
believing it to be your wish, as well as that of the great
body of the people, to avoid, by all reasonable
concessions, any participation in the contentions of
Europe, the powers vested in our Envoys were commensurate
with a liberal and pacific policy, and that high confidence
which might justly be reposed in the abilities, patriotism,
and integrity, of the characters to whom the negotiation
was committed. After a careful review of the whole subject,
with the aid of all the information I have received, I can
discern nothing which could have insured or contributed to
success, that has been omitted on my part, and nothing
further which can be attempted, consistently with maxims
for which our country has contended at every hazard, and
which constitute the basis of our national sovereignty.

Under these circumstances, I cannot forbear to reiterate
the recommendations which have been formerly made, and to
exhort you to adopt, with promptitude, decision, and
unanimity, such measures as the ample resources of the
country afford, for the protection of our seafaring and
commercial citizens; for the defence of any exposed
portions of our territory; for replenishing our arsenals,
establishing foundries and military manufactures; and to
provide such efficient revenue, as will be necessary to
defray extraordinary expenses, and supply the deficiencies
which may be occasioned by depredations on our commerce.

The present state of things is so essentially different
from that in which instructions were given to the
collectors to restrain vessels of the United States from
sailing in an armed condition, that the principle on which
those orders were issued has ceased to exist. I therefore
deem it proper to inform Congress, that I no longer
conceive myself justifiable in continuing them, unless in
particular cases, where there may be reasonable ground of
suspicion that such vessels are intended to be employed
contrary to law.

In all your proceedings, it will be important to manifest a
zeal, a vigor, and concert, in defence of the national
rights, proportioned to the danger with which they are
threatened.

JOHN ADAMS.

UNITED STATES, _March_ 19, 1798.

The Message was read and referred to the committee appointed on the 29th November last, who have under consideration that part of the Speech of the PRESIDENT OF THE UNITED STATES, at the commencement of the session, which relates to the protection of commerce, to consider and report thereon to the Senate.

TUESDAY, April 3.

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

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

In compliance with the request of the House of
Representatives, expressed in their resolution of the
second of this month, I transmit to both Houses those
instructions to, and despatches from, the Envoys
Extraordinary of the United States to the French Republic,
which were mentioned in my Message of the nineteenth of
March last, omitting only some names, and a few expressions
descriptive of the persons.

I request that they may be considered in confidence, until
the members of Congress are fully possessed of their
contents and shall have had opportunity to deliberate on
the consequences of their publication; after which time I
submit them to your wisdom.

JOHN ADAMS.

UNITED STATES, _April_ 3, 1798.

The galleries being cleared, the Message and documents were read.

_Ordered_, That they lie for consideration.

MONDAY, April 16.

The VICE PRESIDENT communicated a letter from JOHN SLOSS HOBART, resigning his seat in the Senate, in consequence of his appointment to be Judge of the New York district; which letter was read.

_Ordered_, That the VICE PRESIDENT be requested to notify the Executive of the State of New York that JOHN SLOSS HOBART hath accepted the appointment of Judge of the New York district, and that his seat in the Senate is of course vacated.

TUESDAY, April 17.

The bill authorizing the PRESIDENT OF THE UNITED STATES to raise a provisional army was read the second time.

WEDNESDAY, May 2.

The Senate resumed the consideration of the report of the committee authorizing Thomas Pinckney, late Envoy Extraordinary to the King of Spain, and Minister Plenipotentiary to the King of Great Britain, to receive the customary presents to foreign Ministers at those courts.

On the question to agree to the first resolution reported, to wit:

"_Be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled_,
That Congress doth consent that Thomas Pinckney, Esq., who,
as Envoy Extraordinary of the United States, negotiated the
Treaty of Friendship, Limits, and Navigation between the
United States and the King of Spain, may receive from the
said King such present as it is customary for His Catholic
Majesty to make to such persons as negotiate treaties with
him:"

It passed in the affirmative--yeas 17, nays 5, as follows:

YEAS.--Messrs. Anderson, Bingham, Bloodworth, Clayton,
Foster, Goodhue, Greene, Hillhouse, Howard, Latimer,
Laurance, Livermore, Martin, Read, Sedgwick, Stockton, and
Tracy.

NAYS.--Messrs. Brown, Langdon, Marshall, Mason, and
Tazewell.

And the other resolution reported was agreed to, in the words following:

_And be it further resolved_, That Congress doth consent
that the said Thomas Pinckney, Esq., lately Minister
Plenipotentiary from the United States to the King of Great
Britain, may receive from the said King such present as it
is customary for His Britannic Majesty to make to Ministers
Plenipotentiary on taking leave of him.

THURSDAY, June 21.

_Affairs with France._

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

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives_:

While I congratulate you on the arrival of General
Marshall, one of our late Envoys Extraordinary to the
French Republic, at a place of safety, where he is justly
held in honor, I think it my duty to communicate to you a
letter received by him from Mr. Gerry, the only one of the
three who has not received his _congé_. This letter,
together with another, from the Minister of Foreign
Relations to him, of the third of April, and his answer of
the fourth, will show the situation in which he remains;
his intentions and prospects.

I presume that, before this time, he has received fresh
instructions, (a copy of which accompanies this message,)
to consent to no loans, and therefore the negotiation may
be considered at an end.

I will never send another Minister to France without
assurances that he will be received, respected, and
honored, as the representative of a great, free, powerful,
and independent nation.

JOHN ADAMS.

UNITED STATES, _June_ 21, 1798.

The Message and documents were read.

_Resolved_, That five hundred copies thereof be printed for the use of the Senate.

MONDAY, June 25.

The bill to declare the treaties between the United States and the Republic of France void and of no effect, was read the third time; and the final passage of the bill was determined in the affirmative--yeas 14, nays 5, as follows:

YEAS.--Messrs. Bingham, Chipman, Foster, Goodhue,
Hillhouse, Howard, Laurance, Livermore, Lloyd, North,
Paine, Read, Sedgwick, and Tracy.

NAYS.--Messrs. Brown, Langdon, Martin, Mason, and Tazewell.

_Resolved_, That this bill pass: that it be engrossed; and that the title thereof be, "An act to declare the treaties between the United States and the Republic of France void and of no effect."

WEDNESDAY, June 27.

The VICE PRESIDENT being absent, the Senate proceeded to the choice of a President _pro tempore_, as the constitution provides, and THEODORE SEDGWICK was duly elected.

The bill to define more particularly the crime of treason, and to define and punish the crime of sedition, was read the second time.

On motion that this bill be committed, it passed in the affirmative--yeas 15, nays 6, as follows:

YEAS.--Messrs. Bingham, Chipman, Foster, Goodhue,
Hillhouse, Howard, Latimer, Laurance, Lloyd, North, Paine,
Read, Sedgwick, Stockton, and Tracy.

NAYS.--Messrs. Anderson, Brown, Langdon, Livermore, Martin,
and Mason.

_Ordered_, That this bill be referred to Messrs. LLOYD, TRACY, STOCKTON, CHIPMAN, and READ, to consider and report thereon to the Senate.

FRIDAY, June 29.

The bill to authorize the PRESIDENT to prevent and regulate the landing of French passengers, and other persons who may arrive within the United States from foreign places, was read the third time.

On motion, to amend the proviso to the fourth section to read as follows:

"_Provided_, That nothing in this act shall be construed to
prohibit the migration or importation of such persons as
any State may think proper by law to admit, nor to such
persons whose admission may be prohibited by the respective
States:"

It was determined in the negative--yeas 3, nays 17, as follows:

YEAS.--Messrs. Anderson, Mason, and Tazewell.

NAYS.--Messrs. Bingham, Foster, Goodhue, Hillhouse, Howard,
Langdon, Latimer, Laurance, Livermore, Lloyd, Martin,
North, Paine, Read, Sedgwick, Stockton, and Tracy.

On motion by Mr. MASON, to strike out these words from the preamble:

"The peculiar circumstances of the United States, in
relation to the Republic of France, and the citizens
thereof, require that, whilst the United States have
afforded hospitality and protection to Frenchmen who have
sought an asylum in this country, they should, on the other
hand, guard against the arrival and admission of such
evil-disposed persons as by their machinations, may
endanger the internal safety and tranquillity of the
country;" in order to insert the following words: "It is
represented that, on the evacuation of Port au Prince by
the British troops, a number of French white men and
negroes were put on board of vessels bound to the United
States, some of which have arrived, and others may be
shortly expected, and it is deemed dangerous to admit
indiscriminately such persons into the United States:"

It was agreed to divide the motion, and that the words should be struck out; and, on the question to agree to the substitute, it was determined in the negative--yeas 10, nays 10, as follows:

YEAS.--Messrs. Anderson, Bingham, Langdon, Laurance,
Livermore, Martin, Mason, North, Read, and Tazewell.

NAYS.--Messrs. Foster, Goodhue, Hillhouse, Howard, Latimer,
Lloyd, Paine, Sedgwick, Stockton, and Tracy.

So the amendment was lost.

And the bill being further amended, by striking out the remainder of the preamble,

_Resolved_, That the consideration of this bill be postponed until to-morrow.

SATURDAY, June 30.

The Senate resumed the third reading of the bill to authorize the PRESIDENT to prevent or regulate the landing of French passengers, and other persons who may arrive within the ports of the United States from foreign places.

On motion, by Mr. MARTIN, one of the majority in favor of the exception yesterday agreed to, namely, "except children under the age of twelve years, and women, in cases especially authorized by the PRESIDENT," and that it be reconsidered, it was determined in the negative--yeas 6, nays 15, as follows:

YEAS.--Messrs. Hillhouse, Howard, Lloyd, Martin, and Read.

NAYS.--Messrs. Bingham, Brown, Chipman, Foster, Goodhue,
Langdon, Latimer, Laurance, Livermore, North, Paine,
Sedgwick, Stockton, Tazewell, and Tracy.

_Resolved_, That this bill pass; that it be engrossed; and that the title thereof be "An act to authorize the PRESIDENT to prevent or regulate the landing of French passengers, and other persons, who may arrive within the ports of the United States from foreign places."

The Senate resumed the second reading of the bill, sent from the House of Representatives, entitled "An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves, within the United States."

On motion, by Mr. PAINE, to agree to the following amendment to the proviso in the eighth section, "And all uncultivated lands, except such as make part or parcel of a farm; and except wood lots, used or reserved for the purposes of fuel, fencing, lumber, or building:"

It was determined in the negative--yeas 10, nays 11, as follows:

YEAS.--Messrs. Bingham, Brown, Chipman, Goodhue, Latimer,
Laurance, Livermore, Paine, Sedgwick, and Stockton.

NAYS.--Messrs. Foster, Hillhouse, Howard, Langdon, Lloyd,
Martin, Mason, North, Read, Tazewell, and Tracy.

On motion, by one of the majority, to reconsider and restore the following words, struck out from the end of the proviso to the eighth section: "or which, at the time of making the said valuation or enumeration, shall not have been assessed for, nor be then held liable to, taxation under the laws of the State wherein the same is, or may be, situated or possessed, shall be exempted from the aforesaid valuation and enumeration:"

It was determined in the negative--yeas 6, nays 14, as follows:

YEAS.--Messrs. Bingham, Foster, Howard, Latimer, Laurance,
and North.

NAYS.--Messrs. Brown, Chipman, Goodhue, Hillhouse, Langdon,
Livermore, Lloyd, Martin, Mason, Paine, Read, Sedgwick,
Tazewell, and Tracy.

On motion, by Mr. MASON, to add the following words to the end of the eighth section: "except such as, from fixed infirmity or bodily disability, may be incapable of labor:"

It was determined in the affirmative--yeas 11, nays 8, as follows:

YEAS.--Messrs. Howard, Langdon, Latimer, Livermore, Lloyd,
Martin, Mason, Paine, Read, Sedgwick, and Tazewell.

NAYS.--Messrs. Bingham, Brown, Foster, Goodhue, Hillhouse,
Laurance, North, and Tracy.

On motion, by Mr. BROWN, to strike out of that part of the eighth section which respects the enumeration of slaves these words "above the age of twelve, and under the age of fifty years:"

It was determined in the negative--yeas 10, nays 11, as follows:

YEAS.--Messrs. Bingham, Brown, Chipman, Goodhue,
Hillhouse, Latimer, Laurance, Lloyd, North, and Sedgwick.

NAYS.--Messrs. Foster, Howard, Langdon, Livermore, Martin,
Mason, Paine, Read, Stockton, Tazewell, and Tracy.

The report of the committee having been agreed to, and the bill amended accordingly,

_Resolved_, That it pass to the third reading as amended.

MONDAY, July 2.

JOHN RUTHERFORD, from the State of New Jersey, attended.

TUESDAY, July 3.

The Senate resumed the consideration of the report of the committee to whom was referred the bill to define more particularly the crime of treason, and to define and punish the crime of sedition; and having agreed to the report, the bill was amended accordingly; and the question to agree to the third reading of the bill, as amended, was determined in the affirmative--yeas 18, nays 5, as follows:

YEAS.--Messrs. Bingham, Chipman, Clayton, Foster, Greene,
Hillhouse, Howard, Latimer, Laurance, Livermore, Martin,
North, Paine, Read, Rutherford, Sedgwick, Stockton, and
Tracy.

NAYS.--Messrs. Anderson, Brown, Langdon, Mason, and
Tazewell.

WEDNESDAY, July 4.

_Treason and Sedition._

BILL TO DEFINE.

On motion to expunge the following words from the second section reported as an amendment:

"Or shall, in manner aforesaid, traduce or defame the
PRESIDENT OF THE UNITED STATES, or any Court or Judge
thereof, by declarations, tending to criminate their
motives in any official transaction:"

It was determined in the negative--yeas 8, nays 15, as follows:

YEAS.--Messrs. Anderson, Brown, Howard, Langdon, Martin,
Mason, North, and Tazewell.

NAYS.--Messrs. Chipman, Clayton, Foster, Goodhue,
Hillhouse, Latimer, Laurance, Livermore, Lloyd, Paine,
Read, Rutherford, Sedgwick, Stockton, and Tracy.

On motion to expunge the whole of the second section reported by the committee, in the words following:

"SEC. 2. _And be it further enacted_, That if any person
shall, by any libellous or scandalous writing, printing,
publishing, or speaking, traduce or defame the Legislature
of the United States, by seditious or inflammatory
declarations or expressions, with intent to create a belief
in the citizens thereof, that the said Legislature, in
enacting any law, was induced thereto by motives hostile to
the constitution, or liberties and happiness of the people
thereof; or shall, in manner aforesaid, traduce or defame
the PRESIDENT OF THE UNITED STATES or any Court or Judge
thereof, by declarations tending to criminate their
motives, in any official transaction; the person so
offending, and thereof convicted, before any court of the
United States having jurisdiction thereof, shall be
punished by a fine, not exceeding two thousand dollars, and
by imprisonment, not exceeding two years:"

It was determined in the negative--yeas 6, nays 18, as follows:

YEAS.--Messrs. Anderson, Brown, Howard, Langdon, Mason, and
Tazewell.

NAYS.--Messrs. Chipman, Clayton, Foster, Goodhue, Greene,
Hillhouse, Latimer, Laurance, Livermore, Lloyd, Martin,
North, Paine, Read, Rutherford, Sedgwick, Stockton, and
Tracy.

The question on the final passage of the bill was determined in the affirmative--yeas 18, nays 6, as follows:

YEAS.--Messrs. Chipman, Clayton, Foster, Goodhue, Greene,
Hillhouse, Latimer, Laurance, Livermore, Lloyd, Martin,
North, Paine, Read, Rutherford, Sedgwick, Stockton, and
Tracy.

So it was _Resolved_, That this bill pass; that it be engrossed; and that the title thereof be "An act in addition to the act, entitled 'An act for the punishment of certain crimes against the United States.'"

WEDNESDAY, July 11.

The bill for encouraging the capture of French armed vessels, by armed ships or vessels owned by a citizen or citizens of the United States, was read the third time; and the final passage of the bill was determined in the affirmative--yeas 16, nays 4, as follows:

YEAS.--Messrs. Anderson, Bingham, Chipman, Goodhue, Greene,
Hillhouse, Latimer, Laurance, Livermore, Martin, North,
Paine, Read, Sedgwick, Stockton, and Tracy.

NAYS.--Messrs. Brown, Langdon, Mason, and Tazewell.

So it was _Resolved_, That this bill pass; that it be engrossed; and that the title thereof be "An act for encouraging the capture of French armed vessels, by armed ships or vessels owned by a citizen or citizens of the United States."

THURSDAY, July 12.

The Senate resumed the third reading of the bill, entitled "An act making further appropriations for the additional Naval Armament;" and the question on the final passage of the bill, as amended, was determined in the affirmative--yeas 13, nays 3, as follows:

YEAS.--Messrs. Bingham, Chipman, Clayton, Foster, Goodhue,
Greene, Hillhouse, Latimer, Laurance, Livermore, Martin,
North, Paine, Read, Rutherford, Sedgwick, Stockton, and
Tracy.

NAYS.--Messrs. Anderson, Mason, and Tazewell.

So it was _Resolved_, That this bill do pass as amended.

FRIDAY, July 13.

Mr. READ, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act providing for the enumeration of the inhabitants of the United States," reported the bill without amendment.

On motion, by Mr. LIVERMORE, to postpone the further consideration of this bill to the next session of Congress, it was determined in the affirmative--yeas 11, nays 7.

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

_Gentlemen of the Senate_:

A resolution of both Houses of Congress, authorizing an
adjournment on Monday, the 16th of this month, has been
laid before me. Sensible of the severity of the service in
so long a session, it is with great reluctance that I find
myself obliged to offer any consideration which may operate
against the inclination of the members; but certain
measures of Executive authority which will require the
consideration of the Senate, and which cannot be matured,
in all probability, before Monday or Tuesday, oblige me to
request of the Senate that they would continue their
session until Wednesday or Thursday.

JOHN ADAMS.

UNITED STATES, _July 13, 1798_.

The Message was read, and ordered to lie for consideration.

MONDAY, July 16.

The Senate took into consideration the report of the committee to whom was referred the Message of the PRESIDENT OF THE UNITED STATES of the 13th instant, and which is as follows:

"That as, in the opinion of the PRESIDENT, certain measures
of Executive authority will acquire the consideration of
the Senate, and which could not be matured before Monday or
Tuesday, it is the opinion of the committee, that the
Senate should adjourn in their Executive capacity to meet
to-morrow at the Senate Chamber, at ten o'clock in the
forenoon, on Executive business."

And the report was adopted.

A message from the House of Representatives informed the Senate, that the House have appointed a joint committee on their part to wait on the PRESIDENT OF THE UNITED STATES, and notify him, that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn; and desire the appointment of a committee on the part of the Senate.

The Senate took into consideration this resolution of the House of Representatives.

_Resolved_, That they do concur therein, and that Messrs. CHIPMAN and GREENE be the committee on the part of the Senate.

Mr. CHIPMAN reported, from the joint committee, that they had waited on the PRESIDENT OF THE UNITED STATES, who informed them that he had nothing further to communicate to Congress, except what might result from the last enrolled bill now under his consideration.

_Ordered_, That the Secretary acquaint the House of Representatives therewith; and that the Senate, having finished the Legislative business before them, are about to adjourn.

A message from the House of Representatives informed the Senate, that the House having finished the business before them, are about to adjourn to the first Monday in December next.

The Senate then went into the consideration of Executive business--after which,

The PRESIDENT declared the Senate, so far as respects its Legislative functions, adjourned to the time by the constitution prescribed; and, in its Executive capacity, until to-morrow morning at ten o'clock.

TUESDAY, July 17, 1798.

Agreeably to the adjournment of yesterday, as stated at large in the Legislative proceedings, the Senate assembled.

PRESENT:

THEODORE SEDGWICK, President _pro tempore_, from the State of Massachusetts.

BENJAMIN GOODHUE, from Massachusetts.

NATHANIEL CHIPMAN, from Vermont.

JAMES HILLARY and URIAH TRACY, from Connecticut.

THEODORE FOSTER and RAY GREENE, from Rhode Island.

JOHN LAURANCE and WILLIAM NORTH, from New York.

JOHN RUTHERFORD, from New Jersey.

WILLIAM BINGHAM, from Pennsylvania.

HENRY LATIMER, from Delaware.

JOHN E. HOWARD, from Maryland.

HENRY TAZEWELL, from Virginia.

JOHN BROWN, from Kentucky.

JOSEPH ANDERSON, from Tennessee.

ALEXANDER MARTIN, from North Carolina.

JACOB READ, from South Carolina.

_Ordered_, That the following summons, directed to the Senators of the United States, respectively, be entered on the journals:

_The President of the United States to ----, Senator for
the State of ----._

Certain matters touching the public good, requiring that
the session of the Senate, for Executive business, should
be continued, and that the members thereof should convene
on Tuesday, the 17th day of July, inst., you are desired to
attend at the Senate Chamber, in Philadelphia, on that
day, at ten o'clock in the forenoon, then and there to
receive and deliberate on such communications as shall be
made to you on my part.

JOHN ADAMS.

UNITED STATES, _July 16, 1798_.

WEDNESDAY, July 18.

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

_Gentlemen of the Senate_:

Believing that the letter received this morning from
General Washington, will give high satisfaction to the
Senate, I transmit them a copy of it, and congratulate them
and the public on this great event--the General's
acceptance of his appointment as Lieutenant General and
Commander-in-Chief of the Army.

JOHN ADAMS.

UNITED STATES, _July 17, 1798_.

MOUNT VERNON, _July 13, 1798_.

DEAR SIR: I had the honor, on the evening of the 11th
instant, to receive from the hands of the Secretary of War,
your favor of the 7th, announcing that you had, with the
advice and consent of the Senate, appointed me Lieutenant
General and Commander-in-Chief of all the armies raised or
to be raised for the service of the United States.

I cannot express how greatly affected I am at this new
proof of public confidence, and the highly flattering
manner in which you have been pleased to make the
communication; at the same time I must not conceal from you
my earnest wish that the choice had fallen upon a man less
declined in years, and better qualified to encounter the
usual vicissitudes of war.

You know, sir, what calculation I had made relative to the
probable course of events on my retiring from office, and
the determination I had consoled myself with, of closing
the remnant of my days in my present peaceful abode; you
will, therefore, be at no loss to conceive and appreciate
the sensations I must have experienced to bring my mind to
any conclusion that would pledge me, at so late a period of
life, to leave scenes I sincerely love, to enter upon the
boundless field of public action, incessant trouble, and
high responsibility.

It was not possible for me to remain ignorant of, or
indifferent to, recent transactions. The conduct of the
Directory of France towards our country; their insidious
hostility to its Government; their various practices to
withdraw the affections of the people from it; the evident
tendency of their acts and those of their agents to
countenance and invigorate opposition; their disregard of
solemn treaties and the laws of nations; their war upon our
defenceless commerce; their treatment of our ministers of
peace; and their demands, amounting to tribute; could not
fail to excite in me corresponding sentiments with those my
countrymen have so generally expressed in their
affectionate addresses to you. Believe me, sir, no one can
more cordially approve of the wise and prudent measures of
your Administration. They ought to inspire universal
confidence; and will, no doubt, combined with the state of
things, call from Congress such laws and means as will
enable you to meet the full force and extent of the crisis.

Satisfied, therefore, that you have sincerely wished and
endeavored to avert war, and exhausted, to the last drop,
the cup of reconciliation, we can with pure hearts appeal
to Heaven for the justice of our cause, and may
confidently trust the final result to that kind Providence
who has heretofore, and so often, signally favored the
people of these United States.

Thinking in this manner, and feeling how incumbent it is
upon every person, of every description, to contribute at
all times to his country's welfare, and especially in a
moment like the present, when every thing we hold dear and
sacred is so seriously threatened, I have finally
determined to accept the commission of Commander-in-Chief
of the Armies of the United States; with the reserve only
that I shall not be called into the field until the Army is
in a situation to require my presence, or it becomes
indispensable by the urgency of circumstances.

In making this reservation, I beg it to be understood, that
I do not mean to withhold any assistance to arrange and
organize the Army, which you may think I can afford. I take
the liberty also to mention, that I must decline having my
acceptance considered as drawing after it any immediate
charge upon the public, or that I can receive any
emoluments annexed to the appointment, before entering into
a situation to incur expense.

The Secretary of War being anxious to return to the seat of
Government, I have detained him no longer than was
necessary to a full communication upon the several points
he had in charge.

With very great respect and consideration, I have the honor
to be, dear sir, your most obedient and humble servant,

G. WASHINGTON.

JOHN ADAMS, _President of the United States_.

The Message and letter were read, and five hundred copies thereof ordered to be printed for the use of the Senate.

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

_Gentlemen of the Senate_:

I nominate Alexander Hamilton, of New York, to be Inspector
General of the Army, with the rank of Major General.

Charles Cotesworth Pinckney, of South Carolina, to be a
Major General.

Henry Knox, of Massachusetts, to be a Major General.

Henry Lee, of Virginia, to be a Major General of the
Provisional Army.

Edward Hand, of Pennsylvania, to be a Major General of the
Provisional Army.

John Brooks, of Massachusetts, to be a Brigadier General.

William Washington, of South Carolina, to be a Brigadier
General.

Jonathan Dayton, of New Jersey, to be a Brigadier General.

William Stevens Smith, of New York, to be Adjutant General,
with the rank of Brigadier General.

Ebenezer Huntington, of Connecticut, to be a Brigadier
General of the Provisional Army.

Anthony Walton White, to be a Brigadier General of the
Provisional Army.

William Richardson Davie, of North Carolina, to be a
Brigadier General of the Provisional Army.

John Sevier, of Tennessee, to be a Brigadier General of the
Provisional Army.

James Craik, of Virginia, to be Physician General of the
Army.

JOHN ADAMS.

JULY 18, 1798.

The Message was read, and ordered to lie for consideration.

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

_Gentlemen of the Senate_:

I nominate William Winder, of Maryland, to be Accountant of
the Navy.

JOHN ADAMS.

JULY 18, 1798.

THURSDAY, July 19.

The Senate took into consideration the Message of the PRESIDENT OF THE UNITED STATES, of the 18th instant, and the nomination contained therein, of William Winder, to office. Whereupon,

_Resolved_, That they do advise and consent to the appointment agreeably to the nomination.

_Ordered_, That the Secretary lay this resolution before the PRESIDENT OF THE UNITED STATES.

The Senate took into consideration the Message of the PRESIDENT OF THE UNITED STATES, of the 18th instant, and the nominations contained therein, of Alexander Hamilton, and others, to military appointment. Whereupon,

_Resolved_, That they do advise and consent to the appointments, agreeably to the nominations, respectively; except to that of William Stevens Smith, of New York, to be Adjutant General, with the rank of Brigadier General, to which they do not advise and consent.

_Ordered_, That the Secretary lay this resolution before the PRESIDENT OF THE UNITED STATES.

_Ordered_, That Mr. BINGHAM and Mr. LAURANCE be a committee to wait on the PRESIDENT OF THE UNITED STATES, and notify him, that having finished the Executive business before them, they are ready to adjourn, unless he may have any further matters for their consideration.

Mr. BINGHAM reported, from the committee last mentioned, that the PRESIDENT OF THE UNITED STATES informed them that he had a further communication to make to the Senate.

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

_Gentlemen of the Senate_:

I nominate William North, of New York, to be Adjutant
General of the Army, with the rank of Brigadier General.

JOHN ADAMS.

UNITED STATES, _July 19, 1798_.

The Message was read.

On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the said nomination be now considered. Whereupon,

_Resolved_, That they do advise and consent to the appointment, agreeably to the nomination.

_Ordered_, That the Secretary lay this resolution before the PRESIDENT OF THE UNITED STATES. Whereupon,

The PRESIDENT adjourned the Senate to the first Monday in December next, to meet in this place.

FIFTH CONGRESS.--SECOND SESSION.

PROCEEDINGS AND DEBATES In THE HOUSE OF REPRESENTATIVES.

MONDAY, November 13, 1797.

This being the day appointed by law for the meeting of Congress, the House of Representatives assembled in their Chamber, and the following members answered to their names, to wit:

_From New Hampshire._--ABIEL FOSTER.

_From Massachusetts._--STEPHEN BULLOCK, SAMUEL LYMAN, JOHN READ, WILLIAM SHEPARD, GEORGE THATCHER, JOSEPH B. VARNUM, and PELEG WADSWORTH.

_From Connecticut._--JOHN ALLEN, JOSHUA COIT, ROGER GRISWOLD, and NATHANIEL SMITH.

_From New York._--LUCAS ELMENDORPH, HENRY GLENN, JONATHAN N. HAVENS, HEZEKIAH L. HOSMER, JOHN E. VAN ALLEN, and JOHN WILLIAMS.

_From New Jersey._--JONATHAN DAYTON, (Speaker,) and THOMAS SINNICKSON.

_From Pennsylvania._--JOHN CHAPMAN, ALBERT GALLATIN, THOMAS HARTLEY, and JOHN SWANWICK.

_From Maryland._--GEORGE BAER, junior, WILLIAM CRAIK, GEORGE DENT, and RICHARD SPRIGG, junior.

_From Virginia._--JOHN DAWSON, D. HOLMES, JAMES MACHIR, DANIEL MORGAN, and ANTHONY NEW.

_North Carolina._--MATTHEW LOCKE, NATHANIEL MACON, and RICHARD STANFORD.

_South Carolina._--ROBERT GOODLOE HARPER, and JOHN RUTLEDGE, junior.

Several new members, to wit: ISAAC PARKER, from Massachusetts; THOMAS TILLINGHAST, returned to serve as a member of this House, for the State of Rhode Island, in the room of Elisha R. Potter, who has resigned his seat; and WILLIAM EDMOND, returned to serve in this House, as a member for Connecticut, in the room of James Davenport, deceased, appeared, produced their credentials, and took their seats in the House.

But a quorum of the whole number not being present, the House adjourned until to-morrow morning, eleven o'clock.

TUESDAY, November 14.

Several other members, to wit: from Massachusetts, HARRISON G. OTIS; from Rhode Island, CHRISTOPHER G. CHAMPLIN; from Connecticut, SAMUEL W. DANA and CHAUNCEY GOODRICH; from Vermont, MATTHEW LYON; from Pennsylvania, BLAIR MCCLENACHAN and RICHARD THOMAS; from Delaware, JAMES A. BAYARD; from Virginia, RICHARD BRENT; from North Carolina, ROBERT WILLIAMS; from South Carolina, WILLIAM SMITH; and from Georgia, ABRAHAM BALDWIN, appeared, and took their seats in the House.

But a quorum of the whole number not being present, the House adjourned until to-morrow morning, eleven o'clock.

WEDNESDAY, November 15.