Chapter XXXVI: Front Matter (36)

The members present not being sufficient to form a quorum, the Senate adjourned to 11 o'clock to-morrow morning.

TUESDAY, December 4.

HENRY LATIMER, from the State of Delaware, attended.

The members present not being sufficient to form a quorum, adjourned.

WEDNESDAY, December 5.

BENJAMIN GOODHUE, from the State of Massachusetts; ELIJAH PAINE, and NATHANIEL CHIPMAN, from the State of Vermont; JOHN LAURANCE, from the State of New York; and TIMOTHY BLOODWORTH, from the State of North Carolina, severally attended.

No quorum being present, the Senate adjourned.

THURSDAY, December 6.

RICHARD STOCKTON, from the State of New Jersey, and JOSEPH ANDERSON, from the State of Tennessee, severally attended.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a President _pro tempore_, as the constitution provides, and JOHN LAURANCE was chosen.

The credentials of DANIEL SMITH, appointed Senator by the Executive of the State of Tennessee, in place of Andrew Jackson, resigned, were read, and the oath was, by the PRESIDENT, administered to him, as the law provides.

_Ordered_, That the Secretary wait on the PRESIDENT OF THE UNITED STATES, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the VICE PRESIDENT, they have elected JOHN LAURANCE, President of the Senate _pro tempore_.

_Ordered_, That the Secretary acquaint the House of Representatives, 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 JOHN LAURANCE, President of the Senate _pro tempore_.

A message from the House of Representatives informed the Senate that a quorum of the House is assembled, and that they have appointed a joint committee on their part, together with such committee as the Senate may appoint on theirs, 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 that he may be pleased to make to them.

The Senate took into consideration the message from the House of Representatives, and

_Resolved_, That they do concur therein, and that Messrs. READ and PAINE be of the joint committee on the part of the Senate.

The return of service on the summons to William Blount, made by the Sergeant-at-arms, pursuant, to the resolution of the Senate of the first of March last, was read.

Mr. READ reported, from the joint committee appointed for that purpose, that they had waited on the PRESIDENT OF THE UNITED STATES, and had notified him that a quorum of the two Houses of Congress were assembled, and the PRESIDENT OF THE UNITED STATES acquainted the committee that he would meet the two Houses on Saturday next at 12 o'clock, in the Chamber of the House of Representatives.

SATURDAY, December 8.

JAMES ROSS, from the State of Pennsylvania, attended.

A message from the House of Representatives informed the Senate that they are now ready to meet the Senate, in the Chamber of that House, to receive such communications as the PRESIDENT OF THE UNITED STATES shall be pleased to make to them. Whereupon,

The Senate repaired to the Chamber of the House of Representatives, for the purpose above expressed.

The Senate then returned to their own Chamber, and a copy of the Speech of the PRESIDENT OF THE UNITED STATES, this day addressed to both Houses of Congress, was read. [For which see proceedings in the House of Representatives.]

_Ordered_, That Messrs. STOCKTON, READ, and ROSS, 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.

MONDAY, December 10.

URIAH TRACY, from the State of Connecticut, attended.

TUESDAY, December 11.

JAMES WATSON, appointed a Senator by the Legislature of the State of New York, in place of John S. Hobart, resigned, produced his credentials, which were read, and the oath was, by the PRESIDENT, administered to him, as the law provides.

The Senate resumed the consideration of the report of the committee on 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 Senate of the United States join you in thanks to
Almighty God for the removal of the late afflicting
dispensations of his Providence, and for the patriotic
spirit and general prosperity of our country. Sympathy for
the sufferings of our fellow-citizens from disease, and the
important interests of the Union, demand of the National
Legislature a ready co-operation with the State
Governments, in the use of such means as seem best
calculated to prevent the return of this fatal calamity.

Although we have sincerely wished that an adjustment of our
differences with the republic of France might be effected
on safe and honorable terms, yet the information you have
given us of the ultimate failure of the negotiations has
not surprised us. In the general conduct of that Republic,
we have seen a design of universal influence, incompatible
with the self-government, and destructive of the
independence of other States. In its conduct towards these
United States, we have seen a plan of hostility pursued
with unremitted constancy--equally disregarding the
obligations of treaties, and the rights of individuals. We
have seen two embassies formed for the purpose of mutual
explanations, and clothed with the most extensive and
liberal powers, dismissed without recognition and even
without a hearing. The government of France has not only
refused to repeal, but has recently enjoined the observance
of its former edict, respecting merchandise of British
fabric or produce, the property of neutrals, by which the
interruption of our lawful commerce, and the spoliation of
the property of our citizens, have again received a public
sanction. These facts indicate no change of system or
disposition--they speak a more intelligible language than
professions of solicitude to avoid a rupture, however
ardently made. But if, after the repeated proofs we have
given of a sincere desire for peace, these professions
should be accompanied by insinuations, implicating the
integrity with which it has been pursued--if, neglecting
and passing by the constitutional and authorized agents of
the Government, they are made through the medium of
individuals without public character or authority; and,
above all, if they carry with them a claim to prescribe the
political qualifications of the Minister of the United
States to be employed in the negotiation, they are not
entitled to attention or consideration, but ought to be
regarded as designed to separate the people from their
Government, and to bring about by intrigue that which open
force could not effect.

We are of opinion with you, sir, that there has nothing yet
been discovered in the conduct of France which can justify
a relaxation of the means of defence adopted during the
last session of Congress, the happy result of which is so
strongly and generally marked. If the force by sea and land
which the existing laws authorize should be judged
inadequate to the public defence, we will perform the
indispensable duty of bringing forward such other acts as
will effectually call forth the resources and force of our
country.

A steady adherence to this wise and manly policy--a proper
direction of the noble spirit of patriotism which has
arisen in our country, and which ought to be cherished and
invigorated by every branch of the Government, will secure
our liberty and independence against all open and secret
attacks.

We enter on the business of the present session with an
anxious solicitude for the public good, and shall bestow
that consideration on the several objects pointed out in
your communication, which they respectively merit.

Your long and important services--your talents and
firmness, so often displayed in the most trying times and
most critical situations--afford a sure pledge of a zealous
co-operation in every measure necessary to secure us
justice and respect.

JOHN LAURANCE,
_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.

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 to-morrow, at 12 o'clock, at his own house. Whereupon,

_Resolved_, That the Senate will, to-morrow at 12 o'clock, wait on the PRESIDENT OF THE UNITED STATES accordingly.

WEDNESDAY, December 12.

Agreeably to the resolution of yesterday, the Senate waited on the PRESIDENT OF THE UNITED STATES, and the PRESIDENT of the Senate, in their name, presented the Address then agreed on.

To which the PRESIDENT OF THE UNITED STATES made the following reply:

_To the Senate of the United States:_

GENTLEMEN: I thank you for this Address, so conformable to
the spirit of our constitution, and the established
character of the Senate of the United States, for wisdom,
honor, and virtue.

I have seen no real evidence of any change of system or
disposition in the French Republic towards the United
States. Although the officious interference of individuals,
without public character or authority, is not entitled to
any credit, yet it deserves to be considered, whether that
temerity and impertinence of individuals affecting to
interfere in public affairs, between France and the United
States, whether by their secret correspondence or
otherwise, and intended to impose upon the people, and
separate them from their Government, ought not to be
inquired into and corrected.

I thank you, gentlemen, for your assurances that you will
bestow that consideration on the several objects pointed
out in my communication, which they respectively merit.

If I have participated in that understanding, sincerity,
and constancy, which have been displayed by my
fellow-citizens and countrymen, in the most trying times,
and critical situations, and fulfilled my duties to them, I
am happy. The testimony of the Senate of the United States,
in my favor, is a high and honorable reward, which
receives, as it merits, my grateful acknowledgments. My
zealous co-operation in measures necessary to secure us
justice and consideration may be always depended on.

JOHN ADAMS.

_December 12, 1798._

The Senate returned to their own Chamber, and proceeded to the consideration of Executive business.

FRIDAY, December 14.

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

MONDAY, December 17.

ALEXANDER MARTIN, from the State of North Carolina, and JAMES HILLHOUSE, from the State of Connecticut, severally attended.

WEDNESDAY, December 19.

FRANKLIN DAVENPORT, appointed a Senator by the Executive of the State of New Jersey, in the recess of the Legislature, in the place of John Rutherford, resigned, produced his credentials; which were read, and, the oath of office being administered to him as the law provides, he took his seat in the Senate.

WEDNESDAY, December 26.

JAMES LLOYD, from the State of Maryland, attended.

THURSDAY, December 27.

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

MONDAY, December 31.

The VICE PRESIDENT laid before the Senate a letter from JOHN HUNTER, notifying his resignation of his seat in the Senate.

MONDAY, January 7, 1799.

JOHN BROWN, from the State of Kentucky, and THEODORE SEDGWICK, from the State of Massachusetts, severally attended.

TUESDAY, January 8.

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

MONDAY, January 21.

HENRY TAZEWELL, from the State of Virginia, attended.

THURSDAY, January 24.

The Senate being informed that HENRY TAZEWELL, one of the members from the State of Virginia, died this morning,

_Resolved_, That a committee be appointed to take order for superintending the funeral of the said HENRY TAZEWELL, Esq., and that the Senate will attend the same, and that notice of the event be given to the House of Representatives, and that this committee consist of Messrs. MASON, BROWN, and MARSHALL.

_Resolved, unanimously_, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of HENRY TAZEWELL, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.

_Resolved_, That the President of the Senate notify the Executive of Virginia of the death of HENRY TAZEWELL, late Senator of that State for the United States.

FRIDAY, January 25.

The VICE PRESIDENT communicated the credentials of WILLIAM HILL WELLS, elected a Senator for the State of Delaware, in the place of Joshua Clayton, deceased.

WEDNESDAY, January 30.

JOSIAH TATTNALL, from the State of Georgia, attended.

MONDAY, February 4.

WILLIAM HILL WELLS, appointed a Senator by the Legislature of the State of Delaware, in place of Joshua Clayton, deceased, attended; and his credentials being read, and the oath required by law administered to him, he took his seat in the Senate.

WEDNESDAY, February 6.

The bill sent from the House of Representatives, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof, and for other purposes," was read a third time.

On motion to add the following proviso to the fourth section:

"_Provided_, That a notice of not less than nineteen days
of the opening commerce with the French Republic, or any
port or place under the Government thereof, by authority of
this act, and of not less than thirty days of the
revocation of any order issued by the PRESIDENT, by virtue
of this act, shall be given:"

It was determined in the negative--yeas 13, nays 14, as follows:

YEAS.--Messrs. Anderson, Bloodworth, Brown, Chipman, Gunn,
Langdon, Livermore, Lloyd, Marshall, Martin, Mason, Read,
and Tattnall.

NAYS.--Messrs. Bingham, Davenport, Foster, Goodhue, Greene,
Hillhouse, Latimer, Paine, Ross, Sedgwick, Stockton, Tracy,
Watson, and Wells.

On motion to amend the motion, to be read as follows:

"_Provided_, That notice shall be given, of not less than
thirty days, of the revocation of any order issued by the
PRESIDENT, by virtue of this act:"

It was determined in the affirmative--yeas 18, nays 10, as follows:

YEAS.--Messrs. Bingham, Chipman, Davenport, Foster,
Goodhue, Greene, Hillhouse, Howard, Latimer, Livermore,
Lloyd, Marshall, Paine, Sedgwick, Stockton, Tracy, Watson,
and Wells.

NAYS.--Messrs. Anderson, Bloodworth, Brown, Langdon,
Martin, Mason, Read, Ross, and Tattnall.

And on the question to agree to the motion thus amended, it was determined in the negative.

And having agreed to several amendments to the bill, the question on the final passage thereof, as amended, it was determined in the affirmative--yeas 18, nays 10, as follows:

YEAS.--Messrs. Bingham, Chipman, Davenport, Foster,
Goodhue, Greene, Hillhouse, Howard, Latimer, Livermore,
Lloyd, Paine, Ross, Sedgwick, Tracy, Watson, and Wells.

NAYS.--Messrs. Anderson, Bloodworth, Brown, Gunn, Langdon,
Marshall, Martin, Mason, Read, and Tattnall.

SATURDAY, February 9.

The Senate resumed the second reading of the bill to amend the act, entitled "An act providing for the sale of the lands of the United States in the territory north-west of the river Ohio, and above the mouth of Kentucky River."

On motion to strike out the 8th section of the bill as follows:

"SEC. 8. _And be it further enacted_, That aliens residing
within the United States or elsewhere, shall be capable of
purchasing and holding lands in the territory of the United
States north-west of the river Ohio, and their heirs may
succeed to them _ab intestato_, in the same manner as if
they were citizens; and they may grant, sell, and devise
the same to whom they may please, whether citizens or
aliens; and that neither they, their heirs, or assigns,
shall, so far as may respect the said lands, and the legal
remedies incident thereto, be regarded as aliens."

It was determined in the affirmative--yeas 13, nays 11, as follows:

YEAS.--Messrs. Chipman, Foster, Goodhue, Greene, Hillhouse,
Howard, Martin, Read, Sedgwick, Stockton, Tracy, Watson,
and Wells.

NAYS.--Messrs. Anderson, Bingham, Bloodworth, Brown, Gunn,
Langdon, Livermore, Marshall, Mason, Ross, and Tattnall.

TUESDAY, February 12.

The bill vesting the power of retaliation, in certain cases, in the PRESIDENT OF THE UNITED STATES, was read the third time; and, being amended, the question on the final passage thereof was determined in the affirmative--yeas 22, nays 2, as follows:

YEAS.--Messrs. Anderson, Bloodworth, Chipman, Davenport,
Foster, Goodhue, Greene, Gunn, Hillhouse, Latimer,
Livermore, Lloyd, Marshall, Martin, Paine, Ross, Sedgwick,
Stockton, Tattnall, Tracy, Watson, and Wells.

NAYS.--Messrs. Howard and Langdon.

So it was _Resolved_, That this bill pass, that it be engrossed, and that the title thereof be "An act vesting the power of retaliation, in certain cases, in the PRESIDENT OF THE UNITED STATES."

WEDNESDAY, February 13.

The VICE PRESIDENT communicated a letter from the Executive of the State of Virginia, in answer to his of the 24th ultimo, stating that an appointment to fill the vacancy in the Senate, occasioned by the decease of Henry Tazewell, would, probably, be deferred to the meeting of their Legislature.

SATURDAY, February 16.

CHARLES PINCKNEY, elected a Senator by the Legislature of the State of South Carolina, in place of John Hunter, resigned, produced his credentials, and the oath prescribed by law being administered to him, he took his seat in the Senate.

The Senate proceeded to consider the amendments reported by the committee to the bill giving eventual authority to the PRESIDENT OF THE UNITED STATES to augment the Army.

On motion, to agree to the amendment reported to the 7th section, to read as follows:

"SEC. 7. _Be it further enacted_, That it shall be lawful
for the PRESIDENT OF THE UNITED STATES to call forth and
employ the said volunteers in all cases, and to effect all
the purposes for which he is authorized to call forth and
employ the militia, by the act, entitled 'An act to provide
for the calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions, and
to repeal the act now in force for these purposes:'"

It passed in the affirmative, as follows:

YEAS.--Messrs. Bingham, Chipman, Foster, Goodhue, Greene,
Gunn, Howard, Laurance, Livermore, Lloyd, Marshall, Paine,
Ross, Sedgwick, Tracy, Watson, and Wells.

NAYS.--Messrs. Anderson, Bloodworth, Langdon, Martin,
Mason, Pinckney, and Tattnall.

SATURDAY, February 23.

The bill, sent from the House of Representatives, entitled "An act to grant an additional compensation from the year one thousand seven hundred and ninety-nine, to certain officers of the Senate and House of Representatives of the United States," was read the second time.

_Ordered_, That it be referred to Messrs. LIVERMORE, PAINE, and WELLS, to consider and report thereon to the Senate.

The Senate proceeded to consider the report of the committee to whom was referred the bill to augment the salaries of the principal officers of the Executive Departments, which was adopted; and

The question to agree to the third reading of the bill as amended, was determined in the affirmative--yeas 22, nays 3, as follows:

YEAS.--Messrs. Bingham, Bloodworth, Chipman, Davenport,
Foster, Goodhue, Greene, Hillhouse, Howard, Laurance,
Lloyd, Marshall, Martin, Paine, Pinckney, Read, Sedgwick,
Stockton, Tattnall, Tracy, Watson, and Wells.

NAYS.--Messrs. Langdon, Livermore, and Mason.

MONDAY, February 25.

The Senate resumed the third reading of the bill, authorizing the acceptance, from the State of Connecticut, of a cession of jurisdiction of the territory west of Pennsylvania, commonly called the Western Reserve of Connecticut; and the question on the final passage of the bill was determined in the affirmative--yeas 16, nays 12, as follows:

YEAS.--Messrs. Chipman, Davenport, Foster, Goodhue, Greene,
Gunn, Hillhouse, Livermore, Lloyd, Marshall, Paine, Read,
Sedgwick, Stockton, Tracy, and Wells.

NAYS.--Messrs. Bingham, Bloodworth, Brown, Howard, Langdon,
Latimer, Laurance, Martin, Mason, Pinckney, Ross, and
Watson.

FRIDAY, March 1.

The Senate resumed the third reading of the bill, sent from the House of Representatives, entitled "An act to establish the Post Office of the United States."

On motion, to add the following to the amendment of the 17th section:

"_And, provided_, That all the letters and packets franked
by any one member, in any one week, shall not exceed thirty
ounces; and such privilege shall continue:"

It was determined in the negative--yeas 13, nays 17, as follows:

YEAS.--Messrs. Bingham, Davenport, Goodhue, Hillhouse;
Howard, Livermore, Lloyd, Paine, Ross, Sedgwick, Stockton,
Watson, and Wells.

NAYS.--Messrs. Anderson, Bloodworth, Brown, Chipman,
Foster, Greene, Gunn, Langdon, Latimer, Laurance, Marshall,
Martin, Mason, Pinckney, Read, Tattnall, and Tracy.

SATURDAY, March 2.

The bill, sent from the House of Representatives, entitled "An act authorizing a detachment from the militia of the United States," was read the second time.

On the question to agree to the third reading of the bill, it was determined in the affirmative--yeas 17, nays 12, as follows:

YEAS.--Messrs. Bloodworth, Brown, Foster, Goodhue, Greene,
Gunn, Howard, Langdon, Laurance, Lloyd, Marshall, Martin,
Mason, Pinckney, Ross, Tattnall, and Watson.

NAYS.--Messrs. Bingham, Chipman, Davenport, Hillhouse,
Latimer, Livermore, Paine, Read, Sedgwick, Stockton, Tracy,
and Wells.

SATURDAY EVENING, March 2.

A message from the House of Representatives, informed the Senate that the House, having finished the business before them, are about to adjourn without day.

The Senate then proceeded to the consideration of Executive business.

The Senate, then, resuming Legislative business, adjourned without day.

FIFTH CONGRESS.--THIRD SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, December 3, 1798.

This being the day appointed by the constitution for the annual meeting of Congress, a number of members of the House of Representatives assembled in their Chamber.

The following are the names of the members present:

_From New Hampshire._--ABIEL FOSTER, JONATHAN FREEMAN, WILLIAM GORDON, and PELEG SPRAGUE.

_From Massachusetts._--DWIGHT FOSTER, SAMUEL LYMAN, HARRISON G. OTIS, GEO. THATCHER, JOSEPH B. VARNUM, and PELEG WADSWORTH.

_From Rhode Island._--THOMAS TILLINGHAST.

_From Connecticut._--SAMUEL W. DANA, CHAUNCEY GOODRICH, and ROGER GRISWOLD.

_From New York._--DAVID BROOKS, HENRY GLENN, JONATHAN N. HAVENS, and HEZEKIAH L. HOSMER.

_From New Jersey._--JONATHAN DAYTON, (the Speaker.)

_From Pennsylvania._--DAVID BARD, JOHN CHAPMAN, WILLIAM FINDLAY, ALBERT GALLATIN, JOHN A. HANNA, BLAIR MCCLENACHAN, and RICHARD THOMAS.

_From Maryland._--GEORGE DENT.

_From Virginia._--JOHN CLOPTON, JOHN DAWSON, DAVID HOLMES, JAMES MACHIR, and DANIEL MORGAN.

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

_From Tennessee._--WILLIAM CHARLES COLE CLAIBORNE.

_From Georgia._--ABRAHAM BALDWIN.

Three new members, to wit: JONATHAN BRACE, returned to serve in this House as a member for Connecticut, in the room of Joshua Coit, deceased; ROBERT WALN, returned to serve as a member for Pennsylvania, in the room of John Swanwick, deceased; and JOSEPH EGGLESTON, returned to serve as a member for Virginia, in the room of William B. Giles, who has resigned his seat; appeared, produced their credentials, and took their seats in the House.

A little after 12 o'clock the SPEAKER of the House took his chair, the names of all the members were called over by the Clerk, and there appearing only forty persons, (fourteen short of a quorum,) a motion was made to adjourn, and the House adjourned accordingly till to-morrow at 11 o'clock.

TUESDAY, December 4.

Several other members, to wit: from Massachusetts, STEPHEN BULLOCK; from New Jersey, JAMES H. IMLAY; from Pennsylvania, JOHN WILKES KITTERA; from Maryland, GEORGE BAER, Jr., WILLIAM CRAIK, and SAMUEL SMITH; from Virginia, ANTHONY NEW, ABRAM TRIGG, JOHN TRIGG, and ABRAHAM VENABLE; from North Carolina, THOMAS BLOUNT; and from South Carolina, WILLIAM SMITH; appeared and took their seats in the House.

A new member, to wit: ROBERT BROWN, returned to serve in this House as a member for Pennsylvania, in the room of Samuel Sitgreaves, appointed a Commissioner of the United States under the sixth article of the Treaty of Amity, Commerce, and Navigation, with Great Britain, appeared, and took his seat in the House.

But a quorum of the whole number not being present, the House adjourned.

WEDNESDAY, December 5.

Several other members, to wit: from Massachusetts, ISAAC PARKER, JOHN READ, SAMUEL SEWALL, and WILLIAM SHEPARD; from Connecticut, NATHANIEL SMITH; from New York, LUCAS ELMENDORPH, JOHN E. VAN ALLEN, and JOHN WILLIAMS; from New Jersey, JAMES SCHUREMAN; and from South Carolina, ROBERT GOODLOE HARPER and JOHN RUTLEDGE, Jr., appeared, and took their seats in the House.

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

The oath or affirmation, 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 Mr. SPEAKER to the following new members, to wit: JONATHAN BRACE, ROBERT BROWN, ROBERT WALN, and JOSEPH EGGLESTON, who took their seats in the House on the third and fourth instant.

_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.

SATURDAY, December 8.

Several other members, to wit: from Connecticut, WILLIAM EDMOND; from Maryland, JOHN DENNIS and WILLIAM HINDMAN; and from Virginia, THOMAS EVANS and WALTER JONES, appeared and took their seats in the House.

The House having been called to order, and the journal read, the SPEAKER observed that the hour was nearly arrived at which the President had proposed to make his communications to both Houses, and read a resolution which was usually entered into on such occasions, informing the Senate that this House is formed, and ready to receive any communications which the President may be pleased to make to them. The resolution was adopted, and a message having been sent to the Senate therewith, the members soon after entered and took the places prepared for them.

At twelve o'clock, Lieutenant General WASHINGTON, with his Secretary, Colonel LEAR, Major Generals PINCKNEY and HAMILTON, entered the Hall, and took their places on the right of the SPEAKER'S chair. The British and Portuguese Ministers, and the British and Danish Consuls, with their Secretaries, had their places assigned them on the left of the chair.

_President's Speech._

A few minutes after 12, the PRESIDENT OF THE UNITED STATES, accompanied by his Secretary, and the Heads of the several Departments of the Government, appeared. The PRESIDENT having taken his seat, and the officers of Government theirs, near the general officers, he rose and addressed the two Houses as follows:

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives:_

While with reverence and resignation we contemplate the
dispensations of Divine Providence, in the alarming and
destructive pestilence with which several of our cities and
towns have been visited, there is cause for gratitude and
mutual congratulations that the malady has disappeared, and
that we are again permitted to assemble in safety at the
seat of Government, for the discharge of our important
duties. But, when we reflect that this fatal disorder has,
within a few years, made repeated ravages in some of our
principal seaports, and with increased malignancy; and,
when we consider the magnitude of the evils arising from
the interruption of public and private business, whereby
the national interests are deeply affected, I think it my
duty to invite the Legislature of the Union to examine the
expediency of establishing suitable regulations in aid of
the health laws of the respective States; for, these being
formed on the idea that contagious sickness may be
communicated through the channels of commerce, there seems
to be a necessity that Congress, who alone can regulate
trade, should frame a system which, while it may tend to
preserve the general health, may be compatible with the
interests of commerce and the safety of the revenue.

While we think on this calamity, and sympathize with the
immediate sufferers, we have abundant reason to present to
the Supreme Being our annual oblations of gratitude for a
liberal participation in the ordinary blessings of His
Providence. To the usual subjects of gratitude, I cannot
omit to add one of the first importance to our well-being
and safety: I mean that spirit which has arisen in our
country against the menaces and aggression of a foreign
nation. A manly sense of national honor, dignity, and
independence, has appeared, which, if encouraged and
invigorated by every branch of the Government, will enable
us to view, undismayed, the enterprises of any foreign
power, and become the sure foundation of national
prosperity and glory.

The course of the transactions in relation to the United
States and France, which have come to my knowledge during
your recess, will be made the subject of a future
communication. That communication will confirm the ultimate
failure of the measures which have been taken by the
Government of the United States towards an amicable
adjustment of differences with that power. You will, at the
same time, perceive that the French Government appears
solicitous to impress the opinion that it is averse to a
rupture with this country, and that it has, in a qualified
manner, declared itself willing to receive a Minister from
the United States, for the purpose of restoring a good
understanding. It is unfortunate for professions of this
kind that they should be expressed in terms which may
countenance the inadmissible pretension of a right to
prescribe the qualifications which a Minister of the United
States should possess; and that while France is asserting
the existence of a disposition, on her part, to conciliate
with sincerity the differences which have arisen, the
sincerity of a like disposition on the part of the United
States, of which so many demonstrative proofs have been
given, should even be indirectly questioned. It is also
worthy of observation that the decree of the Directory,
alleged to be intended to restrain the depredations of
French cruisers on our commerce, has not given, and cannot
give, any relief; it enjoins them to conform to all the
laws of France relative to cruising and prizes, while these
laws are themselves the sources of the depredation of which
we have so long, so justly, and so fruitlessly complained.

The law of France enacted in January last, which subjects
to capture and condemnation neutral vessels and their
cargoes, if any portion of the latter are of British fabric
or produce, although the entire property belongs to
neutrals, instead of being rescinded, has lately received a
confirmation, by the failure of a proposition for its
repeal. While this law, which is an unequivocal act of war
on the commerce of the nations it attacks, continues in
force, those nations can see in the French Government only
a power regardless of their essential rights, of their
independence and sovereignty; and, if they possess the
means, they can reconcile nothing with their interests and
honor but a firm resistance.

Hitherto, therefore, nothing is discoverable in the conduct
of France which ought to change or relax our measures of
defence; on the contrary, to extend and invigorate them is
our true policy. We have no reason to regret that these
measures have been thus far adopted and pursued; and, in
proportion as we enlarge our view of the portentous and
incalculable situation of Europe, we shall discover new and
cogent motives for the full development of our energies and
resources.

But, in demonstrating by our conduct that we do not fear
war, in the necessary protection of our rights and honor,
we shall give no room to infer that we abandon the desire
of peace. An efficient preparation for war can alone ensure
peace. It is peace that we have uniformly and perseveringly
cultivated, and harmony between us and France may be
restored at her option. But to send another Minister,
without more determinate assurances that he would be
received, would be an act of humiliation to which the
United States ought not to submit. It must, therefore, be
left to France, if she is indeed desirous of accommodation,
to take the requisite steps. The United States will
steadily observe the maxims by which they have hitherto
been governed. They will respect the sacred rites of
embassy. And with a sincere disposition on the part of
France to desist from hostility, to make reparation for the
injuries heretofore inflicted on our commerce, and to do
justice in future, there will be no obstacle to the
restoration of a friendly intercourse. In making to you
this declaration, I give a pledge to France and to the
world that the Executive authority of this country still
adheres to the humane and pacific policy which has
invariably governed its proceedings, in conformity with the
wishes of the other branches of the Government and of the
people of the United States. But considering the late
manifestations of her policy towards foreign nations, I
deem it a duty deliberately and solemnly to declare my
opinion, that, whether we negotiate with her or not,
vigorous preparations for war will be alike indispensable.
These alone will give to us an equal treaty, and ensure its
observance.

Among the measures of preparation which appear expedient, I
take the liberty to recall your attention to the Naval
Establishment. The beneficial effects of the small naval
armament provided under the acts of the last session, are
known and acknowledged. Perhaps no country ever experienced
more sudden and remarkable advantages from any measure of
policy than we have derived from the arming for our
maritime protection and defence. We ought, without loss of
time, to lay the foundation for an increase of our Navy to
a size sufficient to guard our coast, and protect our
trade. Such a naval force as it is doubtless in the power
of the United States to create and maintain, would also
afford to them the best means of general defence, the safe
transportation of troops and stores to every part of our
extensive coast. To accomplish this important object, a
prudent foresight requires that systematical measures be
adopted for procuring, at all times, the requisite timber
and other supplies. In what manner this shall be done, I
leave to your consideration.

_Gentlemen of the House of Representatives:_

I have directed an estimate of the appropriations which
will be necessary for the service of the ensuing year to be
laid before you, accompanied with a view of the public
receipts and expenditures to a recent period. It will
afford you satisfaction to infer the great extent and
solidity of the public resources, from the prosperous state
of the finances, notwithstanding the unexampled
embarrassments which have attended commerce. When you
reflect on the conspicuous examples of a patriotism and
liberality which have been exhibited by our mercantile
fellow-citizens, and how great a proportion of the public
resources depends on their enterprise, you will naturally
consider, whether their convenience cannot be promoted and
reconciled with the security of the revenue, by a revision
of the system by which the collection is at present
regulated.

During your recess, measures have been steadily pursued for
effecting the valuations and returns directed by the act of
the last session preliminary to the assessment and
collection of a direct tax. No other delays or obstacles
have been experienced except such as were expected to arise
from the great extent of our country, and the magnitude and
novelty of the operation, and enough has been accomplished
to assure a fulfilment of the views of the Legislature.

_Gentlemen of the Senate, and Gentlemen of the House of
Representatives:_

I cannot close this Address, without once more adverting to
our political situation, and inculcating the essential
importance of uniting in the maintenance of our dearest
interests: and I trust that, by the temper and wisdom of
your proceedings, and by a harmony of measures, we shall
secure to our country that weight and respect to which it
is so justly entitled.

JOHN ADAMS.

UNITED STATES, _December 8, 1798_.

The PRESIDENT having finished his Address, after sitting a few moments, presented the President of the Senate and Speaker of the House of Representatives, each of them, with a copy of it, and withdrew, and after him the Heads of Departments, Senators, general officers, foreign Ministers, &c. The SPEAKER then took his chair, and after calling the House to order, proceeded, as is usual, to read over the Speech, which being finished, it was committed to a Committee of the whole House for Monday, and ordered to be printed. The House then adjourned.

MONDAY, December 10.

A new member, to wit: RICHARD DOBBS SPAIGHT, returned to serve in this House as a member for North Carolina, in the room of Nathan Bryan, deceased, appeared, produced his credentials, and took his seat in the House; the oath to support the Constitution of the United States having been first administered to him by the SPEAKER.

_Address to the President._

On motion, the House resolved itself into a Committee of the Whole on the Speech of the PRESIDENT OF THE UNITED STATES, Mr. DENT in the chair; when

Mr. SPRAGUE proposed for adoption the following resolution:

_Resolved_, That it is the opinion of this committee, that
a respectful Address ought to be presented by the House of
Representatives to the PRESIDENT OF THE UNITED STATES, in
answer to his Speech to both Houses of Congress at the
commencement of this session, containing assurances that
this House will take into consideration the various and
important subjects recommended to their consideration.

The resolution was agreed to without objection, and the committee rose and reported the resolution. The House took it up, concurred in it, and appointed a committee of five to prepare an answer accordingly.

The committee consists of Messrs. DANA, VENABLE, HARPER, HOSMER, and BALDWIN.

TUESDAY, December 11.

Two other members, to wit: THOMAS SINNICKSON and MARK THOMPSON, from New Jersey, appeared and took their seats in the House.

WEDNESDAY, December 12.

Several other members, to wit: from Rhode Island, CHRISTOPHER G. CHAMPLIN; from Pennsylvania, THOMAS HARTLEY; and from Virginia, CARTER B. HARRISON; appeared, and took their seats in the House.

_Address to the President._

Mr. DANA, from the committee appointed to draft a respectful Address in answer to the PRESIDENT'S Speech, made a report, which was committed for to-morrow.

THURSDAY, December 13.

PHILIP VAN CORTLANDT, from the State of New York, appeared, and took his seat.

_Address to the President._

On motion of Mr. DANA, the House resolved itself into a Committee of the Whole on the Address yesterday reported, in answer to the Speech of the PRESIDENT OF THE UNITED STATES, and Mr. DENT having taken the chair, the Address was read, as follows, omitting the words printed within brackets, which were added as amendments: The words printed in italics were struck out in the discussion, so that the Address to be presented to the PRESIDENT contains the words printed within brackets, and does not contain those printed in italics.

JOHN ADAMS, _President of the United States_--

SIR: The House of Representatives unite with you in
deploring the effects of the desolating malady by which the
seat of Government and other parts of our country have
recently been visited. In calling our attention to the
fatality of its repeated ravages, and inviting us to
consider the expediency of exercising our constitutional
powers, in aid of the health laws of the respective States,
your recommendation is sanctioned by the dictates of
humanity and liberal policy. On this interesting subject we
feel the necessity of adopting every wise expedient for
preventing a calamity so distressing to individual
sufferers, and so prejudicial to our national commerce.

That our finances are in a prosperous state,
notwithstanding the commercial derangements resulting from
this calamity, and from external embarrassments, is a
satisfactory manifestation of the great extent and solidity
of the public resources. Connected with this situation of
our fiscal concerns, the assurance that the legal
provisions for obtaining revenue by direct taxation will
fulfil the views of the Legislature, is peculiarly
acceptable.

Desirous as we are that all causes of hostility may be
_exterminated_ [removed] by the amicable adjustment of
national differences, we learn with satisfaction, that in
pursuance of our treaties with Spain and with Great
Britain, advances have been made for definitively settling
the controversies relative to the Southern and the
North-eastern limits of the United States. With similar
sentiments have we received your information, that the
proceedings under commissions authorized by the same
treaties, afford to a respectable portion of our citizens,
the prospect of a final decision on their claims for
maritime injuries committed by subjects of those powers.

It would be the theme of mutual felicitation, were we
assured of experiencing similar moderation and justice from
_another Power_, [the French Republic,] between _whom_
[which] and the United States differences have unhappily
arisen. But this is denied us by the ultimate failure of
the measures which have been taken by this Government
towards an amicable adjustment of those differences, and by
the various inadmissible pretensions on the part of that
nation.

The continuing in force the decree of January last, to
which you have more particularly pointed our attention,
ought, of itself, to be considered as demonstrative of the
real intentions of the French Government. That decree
proclaims a predatory warfare against the unquestionable
rights of actual commerce; which [with] our means of
defence, our interest and our honor, command us to repel.
It therefore now becomes the United States to be as
determined in resistance as they have been patient in
suffering, and condescending in negotiation.

While those who direct the affairs of France persist in the
enforcement of decrees so hostile to our essential rights,
their conduct forbids us to confide in any of their
professions of amity.

As therefore the conduct of France hitherto exhibits
nothing which ought to change or relax our measures of
defence, the policy of extending and invigorating those
measures, demands our sedulous attention. The sudden and
remarkable advantages which this country has experienced
from a small naval armament, sufficiently prove the utility
of its establishment. As it respects the guarding of our
coast, the protection of our trade, and the facility of
safely transporting the means of territoral defence to
every part of our maritime frontier, an adequate naval
force must be considered as an important object of national
policy. Nor do we hesitate to adopt the opinion, that,
whether negotiations with France are resumed or not,
vigorous preparations for war will be alike indispensable.

In this conjuncture of affairs, while with you we recognize
our abundant cause of gratitude to the Supreme Disposer of
events for the ordinary blessings of Providence, we regard,
as of high national importance, the manifestation, in our
country, of a magnanimous spirit of resistance to foreign
domination. This spirit merits to be cherished and
invigorated by every branch of Government, as the estimable
pledge of national prosperity and glory.

Disdaining a reliance on foreign protection, wanting no
foreign guarantee of our liberties, resolving to maintain
our national independence against every attempt to despoil
us of this inestimable treasure, we confide, under
Providence, in the patriotism and energies of the people of
these United States for defeating the hostile enterprises
of any foreign power.

To adopt with prudent foresight such systematical measures
as may be expedient for calling forth those energies
wherever the national exigencies may require, whether on
the ocean, or on our own territory--and to reconcile with
the proper security of revenue, the convenience of the
mercantile enterprise, on which so great a proportion of
the public resources depends--are objects of moment, which
shall be duly regarded in the course of our deliberations.

Fully as we accord with you in the opinion, that the United
States ought not to submit to the humiliation of sending
another Minister to France, without previous assurances
sufficiently determinate that he will be duly accredited,
we have heard, with cordial _acquiescence_, [approbation,]
the declaration of your purpose, steadily to observe those
maxims of humane and pacific policy by which the United
States have hitherto been governed. While it is left with
France to take the requisite steps for accommodation, it is
worthy the Chief Magistrate of a free people, to make known
to the world, that justice on the part of France will
annihilate every obstacle to the restoration of a friendly
intercourse, and that the Executive authority of this
country will respect the sacred rights of embassy. At the
same time, the wisdom and decision, which have
characterized your past Administration, assure us that no
illusory professions will seduce you into any abandonment
of the rights which belong to the United States as [a] free
and independent [nation.]

The clerk having read the Address, it was again read by the Chairman by paragraphs.

[After a few slight amendments the answer was agreed to.]

Mr. THATCHER wished, as no objection was made to the Address, that it might be entered on the journals as unanimously agreed to; but, on the question being put, a few noes being heard, the SPEAKER declared it not carried.

The usual resolution was then passed, that the SPEAKER, attended by the House, do present the Address, and that a committee be appointed to wait upon the PRESIDENT, to know when and where he will be pleased to receive the same.

Messrs. DANA, VENABLE, and HARPER, were appointed a committee for this purpose. They waited upon the PRESIDENT accordingly, and Mr. DANA reported that the PRESIDENT would receive the Address to-morrow, at his own house, at twelve o'clock.[37]

FRIDAY, December 14.

Several other members, to wit: JAMES COCHRAN, from New York; WILLIAM MATTHEWS, from Maryland; JOSIAH PARKER, from Virginia; and THOMAS PINCKNEY, from South Carolina, appeared, and took their seats in the House.

_Answer of the President._

The hour having arrived at which the PRESIDENT had appointed to receive the Address of this House in answer to his Speech to both Houses, the SPEAKER announced it, and the House withdrew for the purpose of presenting the Address.

In about a quarter of an hour, the members returned; when the SPEAKER, having taken his chair, proceeded to read the answer to their Address, a copy of which had been put into his hand by the PRESIDENT. It was as follows:

_To the House of Representatives of the United States:_

GENTLEMEN: My sincere acknowledgments are due to the House
of Representatives of the United States, for this excellent
Address, so consonant to the character of Representatives
of a great and free people. The judgment and feelings of a
nation, I believe, were never more truly expressed by their
Representatives than those of our constituents, by your
decided declaration, that with our means of defence, our
interest and honor command us to repel a predatory warfare
against the unquestionable rights of a neutral commerce.
That it becomes the United States to be as determined in
resistance as they have been patient in suffering and
condescending in negotiation. That, while those who direct
the affairs of France persist in the enforcement of decrees
so hostile to our essential rights, their conduct forbids
us to confide in any of their professions of amity; that an
adequate naval force must be considered as an important
object of national policy; and that, whether negotiations
with France are resumed or not, vigorous preparations for
war will be alike indispensable.

The generous disdain you so coolly and deliberately
express, of a reliance on foreign protection, wanting no
foreign guaranty of our liberties, resolving to maintain
our national independence against every attempt to despoil
us of this inestimable treasure, will meet the full
approbation of every sound understanding, and exulting
applauses from the heart of every faithful American.

I thank you, gentlemen, for your candid approbation of my
sentiments on the subject of negotiation, and for the
declaration of your opinion, that the policy of extending
and invigorating our measures of defence, and the adoption
with prudent foresight of such systematical measures as may
be expedient for calling forth the energies of our country,
wherever the national exigencies may require, whether on
the ocean or on our own territory, will demand your most
sedulous attention.

At the same time, I take the liberty to assure you, it
shall be my vigilant endeavor, that no illusory professions
shall seduce me into an abandonment of the rights which
belong to the United States, as a free and independent
nation.

JOHN ADAMS.

UNITED STATES, _December 14, 1798_.

MONDAY, December 31.

Several other members, viz: from Connecticut, JOHN ALLEN; and from Virginia, SAMUEL J. CABELL and THOMAS CLAIBORNE, appeared, and took their seats in the House.

_Remonstrance of Georgia._

RECLAMATION FOR SACRIFICED TERRITORY--COMPARATIVE
EXPENDITURE IN DEFENDING NORTHERN AND SOUTHERN FRONTIERS
FROM INDIAN DEPREDATIONS.

The House then resolved itself into a Committee of the Whole, on the report of a select committee on the representation and remonstrance of the State of Georgia; which was read as follows:

"Report of the committee to whom was referred the
representation and remonstrance of the Legislature of the
State of Georgia:

"That a certain tract of country, within the limits of
Georgia, bounded by a line beginning at the fork of Oconee
and Ocmulgee Rivers, and thence running in a south-west
direction, until it intersects the most southern part of
St. Mary's River, thence down the river to the old line,
was ceded by the Creek nation of Indians, to the said
State, by a treaty held between the Commissioner of said
State, and the Creek Indians at Galphinton, on the 12th of
November, 1785, which tract of country was, by the
Legislature of said State, formed into a county, by the
name of Talessee county; and the cession thereof was
afterward confirmed, at a treaty held between the same
parties, at Shoulderbone, on the 3d day of November, 1786.

"Your committee further report, that, by the treaty made at
New York, between the United States and the Creek Indians,
bearing date on the 7th day of August, 1790, a boundary
line was established between the said nation of Indians and
the United States, whereby the above described tract of
country, named Talessee county, was declared to be within
the Indian territory.

"The committee have not been able to discover upon what
principles the relinquishment of the territory of the State
of Georgia was acceded to on the part of the United States;
it is therefore to be presumed that it was done upon
principles of general policy, with the intention of
establishing a permanent peace between the United States
and the said nation. They are, therefore, of opinion that
compensation ought to be made to the State of Georgia for
the loss of this territory, and recommend to the House to
adopt the following resolution:

"_Resolved_, That the United States will make compensation
to the State of Georgia, for the loss and damage sustained
by that State, in consequence of the cession of the county
of Talessee, made to the Creek nation, by the Treaty of New
York, unless it shall be deemed expedient to extinguish the
Indian title to the said land."

Mr. BALDWIN said, he should not call for the reading of the remonstrance, as it had already been twice read, and had also been published in the newspapers. The committee in their report have stated such parts of it as they thought necessary to lead the House to a decision. It is seen at once to relate to two objects: what they consider as a dismemberment of the State, by giving back to the Indians a district of country, called Talessee county, and the injurious operation of the act for regulating trade and intercourse with the Indians. He was himself at New York at the time when the treaty, called the Treaty of New York, was made; he knew well it was with great concern and reluctance that the Federal Government consented to an act which had so much the appearance of dismembering a State, as giving back Talessee county to the Indians; but that frontier was so extensive, the savages who border upon it were so much more numerous and hostile than any others in the United States, that they were induced to consent for a time to the relinquishment of that district to them, as the counterpart of all the other conditions which they obtained in that treaty. He was sure it was at that time their expectation and design to have before now peaceably repurchased it of the Indians. The act was not founded on any defect in the right of the State to that county; but a short time before, three Commissioners, viz: Gen. Lincoln, Judge Griffin, a former member of Congress, and Mr. Humphreys, who is now our Minister at Madrid, were sent to examine into the state of that frontier, and to form treaties with the neighboring tribes; they were unwearied in the execution of their trust, visited the frontier in person, collected the Indian chiefs to meet them there, to learn what information they could give; they afterwards returned to the seat of Government of Georgia, and examined the treaties, laws, and journals, and examined individuals on oath, so as to obtain all the information that it was possible to procure, on the spot. On their return they made a special and very full report, a copy of which is on the files of the House, and, without doubt, is to be regarded on those subjects as a document paramount to every thing else, at the time it was made. This document leaves no doubt of the fairness of the transaction in the treaties of 1785 and 1786, in which this Talessee county was purchased and contained, as stated by the committee. The giving it back, by the subsequent Treaty of New York, rested only on the importance and urgency of the case, as the only possible means of obtaining peace.