Chapter M: X. again called upon us. He said M. Talleyrand was (4)

_Resolved_, That William Duane having appeared at the bar of the Senate, and requested to be heard by counsel, on the charge against him for a breach of privileges of the Senate, he be allowed the assistance of counsel while personally attending at the bar of the Senate, who may be heard in denial of any facts charged against said Duane, or in excuse and extenuation of his offence.

A motion was made that it be an instruction to the Committee of Privileges to report in what manner witnesses shall be compelled to attend the Senate in support of the charge against William Duane, and in his defence against that charge.

And, after debate, the further consideration thereof was postponed.

_Resolved_, That a copy of the resolution last agreed to be sent to William Duane, and at the same time, he be ordered to attend at the bar of this House at 12 o'clock, on Wednesday next.

WEDNESDAY, March 26.

The VICE PRESIDENT communicated a letter signed William Duane, stating that he had received "an authenticated copy of the resolution of Monday last in his case," and enclosing certain papers stated to be a correspondence between him and his intended counsel, marked A, B, and C, and that he finds himself "deprived of all professional assistance under the restrictions which the Senate have thought fit to adopt. He therefore thinks himself bound, by the most sacred duties, to decline any further voluntary attendance upon that body, and to leave them to pursue such measures in this case, as in their wisdom they may deem meet;" and the letter was read.

On motion that the papers referred to in the letter be read, it passed in the negative.

On motion, the Senate took into consideration the report of the Committee of Privileges, who were ordered to prepare and lay before the Senate a form of proceedings in the case of William Duane; and, after debate,

The order of the day was called for.

_Ordered_, That the Sergeant-at-Arms, at the bar of the House, do call William Duane. And the said William Duane did not appear. Whereupon,

_Resolved_, That as William Duane has not appeared at the bar of this House, in obedience to the order of the 24th instant, and has addressed a letter to the President of the Senate, which has been read this morning, in which he refuses any further attendance, his letter be referred to the Committee of Privileges, to consider and report thereon.

On motion, the Senate resumed the consideration of the report of the Committee of Privileges of the 25th instant. And on the question to agree to the first resolution, amended as follows:

_Resolved_, That all testimony shall be taken by the
Committee of Privileges, who are hereby authorized to send
for persons, papers, and records, and compel the attendance
of witnesses which may become requisite for the execution
of their commission:

It passed in the affirmative--yeas 18, nays 11, as follows:

YEAS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Paine, Read, Ross, Schureman, Tracy, and Wells.

NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.

On motion, the 4th resolution was adopted, as follows:

_Resolved_, That all testimony taken by said committee shall be reported to the Senate, and kept on file by the Secretary.

And having agreed to postpone the other resolutions reported, the Senate adjourned.

THURSDAY, March 27.

Mr. DAYTON, from the Committee of Privileges, to whom was referred the letter of William Duane, on the 26th instant, made report, as follows:

_Resolved_, That William Duane, editor of the General
Advertiser, or Aurora, having neglected and refused to
appear at the bar of this House, at 12 o'clock, on the 26th
day of March instant, pursuant to the order of the 24th
instant, of which order he had been duly notified; and
having sent the following letter to the President of the
Senate, which has been communicated to the Senate, viz:

"_To the President of the Senate_:

"SIR: I beg of you to lay before the Senate this
acknowledgment of my having received an authenticated copy
of their resolutions on Monday last, in my case. Copies of
those resolutions I transmitted to Messrs. Dallas and
Cooper, my intended counsel, soliciting their professional
aid; a copy of my letter is enclosed marked A. Their
answers I have also the pleasure to enclose, marked B and
C. I find myself, in consequence of these answers, deprived
of all professional assistance, under the restrictions
which the Senate have thought fit to adopt. I therefore
think myself bound by the most sacred duties to decline any
further voluntary attendance upon that body, and leave them
to pursue such measures in this case, as, in their
_wisdom_, they may deem meet. I am, sir with perfect
respect,

"WM. DUANE."

is guilty of a contempt of said order, and of this House,
and that, for said contempt, he, the said Wm. Duane, be
taken into the custody of the Sergeant-at-Arms attending
this House, to be kept subject to the further orders of the
Senate.

On motion to agree to this first resolution reported, it passed in the affirmative--yeas 16, nays 12, as follows:

YEAS.--Messrs. Dayton, Dexter, Foster, Goodhue, Greene,
Hillhouse, Latimer, Laurance, Livermore, Lloyd, Paine,
Read, Ross, Schureman, Tracy, and Wells.

NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.

On motion to strike out these words from the second resolution reported: "And all marshals, deputy marshals, and civil officers of the United States, and every other person, are hereby required to be aiding and assisting to you in the execution thereof:" it passed in the negative--yeas 10, nays 19, as follows:

YEAS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Mason, Nicholas, and Pinckney.

NAYS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Marshall, Paine, Read, Ross, Schureman, Tracy, and
Wells.

The second resolution reported was read as follows:

_Resolved_, That a warrant issue signed by the President of
the Senate, in the following form, viz:

UNITED STATES, }
_The 27th day of March, 1800_.} SS.

Whereas the Senate of the United States, on the 18th day of
March, 1800, then being in session in the city of
Philadelphia, did resolve that a publication in the General
Advertiser, or Aurora, a newspaper printed in the said city
of Philadelphia, on Wednesday, the 19th day of February,
then last past, contained assertions and pretended
information respecting the Senate, and Committee of the
Senate, and their proceedings, which were false,
defamatory, scandalous, and malicious, tending to defame
the Senate of the United States, and to bring them into
contempt and disrepute, and to excite against them the
hatred of the good people of the United States; and that
the said publication was a high breach of the privileges of
the House.

And whereas the Senate did then further resolve and order,
that the said William Duane, resident in the said city, and
editor of said newspaper, should appear at the bar of the
House, on Monday, the 24th day of March, instant, that he
might then have opportunity to make any proper defence for
his conduct in publishing the aforesaid false, defamatory,
scandalous, and malicious assertions and pretended
information.

And whereas the said William Duane did appear on said day
at the bar of the House, pursuant to said order, and
requested counsel; and the Senate, by their resolution of
the 24th day of March, instant,

_Resolved_, That William Duane, having appeared at the bar
of the Senate, and requested to be heard by counsel on the
charge against him for a breach of privileges of the
Senate, he be allowed the assistance of counsel while
personally attending at the bar of the Senate, who might be
heard in denial of any facts charged against said Duane, or
in excuse and extenuation of his offence, and that the said
William Duane should attend at the bar of the Senate on
Wednesday, then next, at 12 o'clock, of which the said
Duane had due notice.

And whereas said William Duane, in contempt of the said
last mentioned order, did neglect and refuse to appear at
the bar of the said Senate, at the time specified therein;
and the Senate of the United States, on the 27th day of
March, instant, did thereupon resolve that the said William
Duane was guilty of a contempt of said order and of the
Senate, and that for said contempt he, the said William,
should be taken into custody of the Sergeant-at-Arms
attending the Senate, to be kept for their further orders.
All which appears by the journals of the Senate of the
United States, now in session in the said city of
Philadelphia.

These are, therefore, to require you, James Mathers,
Sergeant-at-Arms for the Senate of the United States,
forthwith to take into your custody the body of the said
William Duane, now resident in the said city of
Philadelphia, and him safely to keep, subject to the
further order of the Senate; and all marshals, deputy
marshals, and civil officers, of the United States, and
every other person, are hereby required to be aiding and
assisting to you in the execution thereof; for which it
shall be your sufficient warrant.

Given under my hand, this 27th day of March, 1800.

THOMAS JEFFERSON,
_President of the Senate of the U. S._

On motion to agree to this resolution as reported, it passed in the affirmative--yeas 18, nays 11, as follows:

YEAS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Paine, Read, Ross, Schureman, Tracy, and Wells.

NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.

So the report of the committee was adopted.

MONDAY, March 31.

_Respect to Mrs. Washington._

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to extend the privilege of franking letters and packages to Martha Washington."

TUESDAY, April 1.

The bill, sent from the House of Representatives entitled "An act to extend the privilege of franking letters and packages to Martha Washington," was read the second time; and, by unanimous consent, it was read the third time and passed.

TUESDAY, April 8.

The bill for the defence of the merchant vessels of the United States was read the second time, and referred to Messrs. GOODHUE, NICHOLAS, and TRACY, to consider and report thereon to the Senate.

The bill "for the removal and accommodation of the Government of the United States" was read the second time and referred to Messrs. ROSS, LLOYD, and HILLHOUSE, to consider and report thereon to the Senate.

The bill to repeal the "Act laying duties on mills and implements employed in the manufacture of snuff," was read the second time, and referred to Messrs. BINGHAM, LIVERMORE, and LAURANCE, to consider and report thereon to the Senate.

The bill permitting the exportation of some gunpowder, also a number of muskets and cutlasses, was read the second time and ordered to lie on the table.

Mr. CHIPMAN, from the committee to whom was referred on the 12th March last, to inquire what amendments are necessary in the act to establish the Judicial Courts of the United States, reported a bill on the subject; which was read and ordered to the second reading.

The Senate took into consideration the report of the committee on the petition of Thomas Burling and others, inhabitants of the Mississippi Territory; and the report was adopted.

TUESDAY, April 29.

_Judiciary--Its better Organization._

The Senate took into consideration the report of the committee on the bill to amend the act to establish the Judicial Courts of the United States; the first clause of which is as follows:

Strike out the whole of the bill after the word "serve," in
third line, and insert "in the Courts of the United States,
shall be designated by lot, or otherwise, in each State or
district respectively, according to the mode of forming
juries, to serve in the highest courts of law therein, now
practised; so far as the same shall render such designation
practicable by the Courts and Marshals of the United
States."

On motion to strike out all that follows the word "otherwise," in the fourth line of the report, for the purpose of inserting the following:

"Summoned or procured in each State respectively, according
to the mode directed and prescribed by the laws of each
State respectively, so far as such laws shall render the
same practicable by the Courts or Marshals of the United
States; and where the State mode cannot be used in the
Courts of the United States, the Marshal attending such
Courts shall, every day the Court sits, summon a sufficient
number of persons to attend the Court that day, that out of
them may be impannelled sufficient juries for the trial of
all causes (except cases punishable with death) depending
in such Courts; and if any person so summoned shall fail to
attend the Court accordingly, he shall be fined eight
dollars, to the use of the United States:"

A division of the motion was called for, and the question was taken on striking out, which passed in the negative--yeas 9, nays 16, as follows:

YEAS.--Messrs. Anderson, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, and Nicholas.

NAYS.--Messrs. Bingham, Dayton, Dexter, Foster, Goodhue,
Greene, Gunn, Hillhouse, Howard, Latimer, Livermore, Read,
Ross, Schureman, Tracy, and Wells.

And it was agreed, that the bill pass to the third reading as amended.[47]

WEDNESDAY, May 14.

The VICE PRESIDENT having, by letter, intimated his desire to be excused from further attendance, as it would probably be the last day of the session, the Senate proceeded to the choice of a President _pro tempore_, as the constitution provides, and URIAH TRACY was duly elected.

_Mississippi Slave Act._

The bill entitled "An act to permit, in certain cases, the bringing of slaves into the Mississippi Territory," was read the third time. On the question to agree to the final passage thereof, it passed in the negative--yeas 5, nays 14, as follows:

YEAS.--Messrs. Anderson, Cocke, Marshall, Pinckney, and
Read.

NAYS.--Messrs. Baldwin, Bingham, Bloodworth, Brown, Dayton,
Foster, Franklin, Greene, Hillhouse, Laurance, Livermore,
Mason, Morris, and Ross.

A message from the House of Representatives informed the Senate that the House disagree to the amendment of the Senate to the bill regulating the grants of land for the refugees from the British provinces of Canada and Nova Scotia.

The Senate considered the resolution of the House of Representatives on the amendment of the Senate to the bill last mentioned.

_Resolved_, That they adhere to their amendment.

Mr. Ross, from the committee on the bill making grants of lands to the inhabitants of Vincennes, and Illinois country, reported the bill without amendment, and it was agreed to postpone the bill to the next session of Congress.

_Adjournment._

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

The Senate agreed to the resolution of the House of Representatives appointing a committee, jointly with such as the Senate may appoint, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed adjournment of the two Houses of Congress; and it was ordered that Messrs. BINGHAM and WELLS be the committee on the part of the Senate.

Mr. BINGHAM reported, from the joint committee last mentioned, that the PRESIDENT OF THE UNITED STATES had no further communication to make to Congress at this time than his best wishes for their safe return to their respective places of abode.

On motion that it be

_Resolved_, That the PRESIDENT OF THE UNITED STATES be
requested to instruct the proper law officer to commence
and carry on a prosecution against William Duane, editor of
the newspaper called the Aurora, for certain false,
defamatory, scandalous, and malicious publications, in the
said newspaper, on the 19th of February last past, tending
to defame the Senate of the United States, and to bring
them into contempt and disrepute, and to excite against
them the hatred of the good people of the United States:

It passed in the affirmative--yeas 13, nays 4, as follows:

YEAS.--Messrs. Bingham, Dayton, Foster, Greene, Gunn,
Latimer, Laurance, Livermore, Morris, Read, Ross, Tracy,
and Wells.

NAYS.--Messrs. Bloodworth, Brown, Cocke, Franklin.

_Ordered_, That the Secretary lay an attested copy of the foregoing resolution before the PRESIDENT OF THE UNITED STATES.

_Resolved_, That the thanks of the Senate of the United States be presented to the Commissioners of the city and county of Philadelphia, for the convenient and elegant accommodations furnished by them for the use of the Senate, during the residence of the National Government in the city; and that the President of the Senate be requested to convey this resolution in a letter to the said Commissioners.

The PRESIDENT, agreeably to the joint resolution of the 12th instant, adjourned the Senate, to meet again on the third Monday of November next, as the law provides.

SIXTH CONGRESS.--FIRST SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, December 2, 1799.

This being the constitutional day for the annual meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, viz:

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

_From Massachusetts._--BAILEY BARTLETT, PHANUEL BISHOP, DWIGHT FOSTER, HARRISON G. OTIS, SILAS LEE, SAMUEL LYMAN, JOHN REED, SAMUEL SEWALL, THEODORE SEDGWICK, WILLIAM SHEPARD, GEORGE THATCHER, JOSEPH B. VARNUM, PELEG WADSWORTH, and LEMUEL WILLIAMS.

_From Connecticut._--JONATHAN BRACE, SAMUEL W. DANA, JOHN DAVENPORT, WILLIAM EDMOND, CHAUNCEY GOODRICH, ELIZUR GOODRICH, and ROGER GRISWOLD.

_From Rhode Island._--JOHN BROWN, and CHRISTOPHER G. CHAMPLIN.

_From Vermont._--MATTHEW LYON, and LEWIS R. MORRIS.

_From New York._--THEODORUS BAILEY, JOHN BIRD, WILLIAM COOPER, LUCAS ELMENDORPH, HENRY GLENN, EDWARD LIVINGSTON, JONAS PLATT, JOHN THOMPSON, and PHILIP VAN CORTLANDT.

_From New Jersey._--JOHN CONDIT, FRANKLIN DAVENPORT, JAMES H. IMLAY, AARON KITCHELL, and JAMES LINN.

_From Pennsylvania._--ROBERT BROWN, ANDREW GREGG, ALBERT GALLATIN, JOHN A. HANNA, JOSEPH HEISTER, JOHN WILKES KITTERA, MICHAEL LEIB, PETER MUHLENBERG, JOHN SMILIE, RICHARD THOMAS, ROBERT WALN, and HENRY WOODS.

_From Maryland._--GEORGE BAER, WILLIAM CRAIK, GABRIEL CHRISTIE, GEORGE DENT, JOSEPH H. NICHOLSON, SAMUEL SMITH, and JOHN CHEW THOMAS.

_From Virginia._--JOHN DAWSON, THOMAS EVANS, DAVID HOLMES, GEORGE JACKSON, JOHN MARSHALL, JOHN NICHOLAS, ANTHONY NEW, LEVEN POWELL, JOHN RANDOLPH, ABRAM TRIGG, and JOHN TRIGG.

_From North Carolina._--WILLIS ALSTON, JOSEPH DICKSON, ARCHIBALD HENDERSON, WILLIAM H. HILL, NATHANIEL MACON, RICHARD STANFORD, and DAVID STONE.

_From South Carolina._--ROBERT GOODLOE HARPER, ABRAHAM NOTT, JOHN RUTLEDGE, Jr., and THOMAS SUMTER.

_From Georgia._--JAMES JONES, BENJAMIN TALIAFERRO.

_From Tennessee._--WILLIAM CHARLES COLE CLAIBORNE.

A quorum of the whole number of members being present, the House proceeded to the election of a SPEAKER; when, on counting the ballots, the tellers reported that Mr. SEDGWICK had 42 votes; Mr. MACON, 27; Mr. DENT, 13; Mr. RUTLEDGE, 2; Mr. SUMTER, 1.

That the whole number of votes was 85, and the rules of the House requiring a majority of the members present to constitute a choice, neither of the above gentlemen were elected.

The House then proceeded to a second trial; when Mr. SEDGWICK had 44 votes; Mr. MACON, 38; Mr. DENT, 3; Mr. RUTLEDGE, 1.

Whereupon Mr. SEDGWICK was declared duly elected, and conducted to the chair accordingly.

Mr. SEDGWICK, upon taking the chair, addressed the House in the following words:

"GENTLEMEN: Although I am conscious of a deficiency of the
talents which are desirable to discharge with usefulness
and dignity the important duties of the high station to
which I am raised, by the generous regard of the
enlightened and virtuous representatives of my country,
yet, reposing myself on the energy of their candid support,
I will not shrink from the attempt.

"Accept, I pray you, gentlemen, my grateful acknowledgment
of the honor you are pleased to confer; and, with it, an
assurance, that no consideration shall seduce me to
deviate, in the least degree, from a direct line of
impartial integrity."

A message was received from the Senate, informing the House that, a sufficient number of members appearing to form a quorum, they had proceeded to the choice of a President _pro tempore_, when Hon. SAMUEL LIVERMORE was elected.

The House proceeded to the choice of a Clerk; when it appeared JONATHAN W. CONDY had 47 votes, JOHN BECKLEY, 39.

Whereupon Mr. CONDY was declared by the SPEAKER to be duly elected.

_Ordered_, That a message be sent to the Senate, to inform that body of the election of the Hon. THEODORE SEDGWICK, as SPEAKER of the House of Representatives.

On motion of Mr. MACON, the House proceeded to the choice of a Sergeant-at-Arms, Doorkeeper, and Assistant Doorkeeper; when JOSEPH WHEATON, THOMAS CLAXTON, and THOMAS DUNN, were unanimously elected.

The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. RUTLEDGE, one of the Representatives for the State of South Carolina, to the SPEAKER, and then the same oath or affirmation was administered by Mr. SPEAKER to each of the members present.

WILLIAM HENRY HARRISON having also appeared, as a Representative for the territory of the United States north-west of the river Ohio, the said oath was administered to him by Mr. SPEAKER.

The same affirmation, together with the affirmation of office prescribed by the said recited act, were also administered by Mr. SPEAKER to the Clerk.

A message was received from the Senate, informing the House, that they had passed a resolution, appointing a joint committee to wait on the PRESIDENT OF THE UNITED STATES, and inform him that Congress had met and were ready to receive any communications he might think proper to make; and, in case of concurrence, that Messrs. READ and BINGHAM were appointed a committee on behalf of the Senate.

The House concurred in the resolution, and Messrs. MARSHALL, RUTLEDGE, and SEWALL, were appointed to wait on the PRESIDENT, in conjunction with the committee from the SENATE.

The following letter was read by the Speaker.

72 WELBECK-STREET, LONDON,
_September 20, 1798_.

SIR: I beg leave, through you, to offer to the House of
Representatives of the United States, impressions of the
two prints of the American Revolution, which I have lately
caused to be published.[48]

The importance of the events, and the illustrious
characters of the two great men to whose memory they are
particularly devoted, give to these works their best claim
to your notice; and the patriotism of my countrymen, I
trust, will give them a kinder reception than their
intrinsic merit might entitle me to hope.

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

JNO. TRUMBULL.

The SPEAKER _of the House of Reps. U. S._

_Resolved_, That the rules and orders of proceeding established by the late House of Representatives, shall be deemed and taken to be the rules and orders of proceeding to be observed in this House, until a revision or alteration of the same shall take place.

_Resolved_, That each member be furnished with three newspapers, printed in this city, during the session, at the expense of this House.

Mr. MARSHALL, from the joint committee appointed to wait on the PRESIDENT OF THE UNITED STATES, reported, that they had performed that service; and that the PRESIDENT had appointed to-morrow forenoon, 12 o'clock, to meet both Houses in the Representatives' Chamber.

The House then adjourned, till to-morrow morning at eleven o'clock.

TUESDAY, December 3.

JAMES A. BAYARD, from Delaware, appeared produced his credentials, was qualified, and took his seat in the House.

_President's Speech._

_Ordered_, That a message be sent to the Senate to inform them that this House is now ready to attend them in receiving the communication from the PRESIDENT OF THE UNITED STATES, agreeably to his notification to both Houses yesterday.

The Senate attended and took seats in the House; when, both Houses being assembled, the PRESIDENT OF THE UNITED STATES came into the Representatives' Chamber, and addressed them as follows. (For the Speech, see Senate proceedings, _ante_.)

The PRESIDENT OF THE UNITED STATES then withdrew and the two Houses separated.

A copy of the Speech being delivered by the PRESIDENT to the SPEAKER, and read by the Clerk, it was ordered, that it be committed to a Committee of the whole House to-morrow.

WEDNESDAY, December 4.

Mr. LIVINGSTON said he conceived some notice ought to be taken of the letter received from Mr. TRUMBULL, and therefore moved that it be referred to a select committee. Agreed to, and Messrs. LIVINGSTON, TALIAFERRO, and HILL, were appointed.

_The President's Speech._

The House went into a Committee of the Whole on the PRESIDENT'S Speech, Mr. RUTLEDGE in the chair. The Speech having been read,

Mr. MARSHALL moved the following resolution, which was agreed to by the committee, viz:

_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, on the
opening of the present session, containing assurances that
this House will duly attend to the important objects
recommended by him to their consideration.

The committee rose, and the resolution having been agreed to by the House, Messrs. MARSHALL, RUTLEDGE, SEWALL, LIVINGSTON, and NICHOLAS, were appointed a committee to draft the Address.

FRIDAY, December 6.

Mr. MARSHALL, from the committee appointed to draft an Address in answer to the Speech of the PRESIDENT OF THE UNITED STATES, at the commencement of the present session, reported the same, which was committed to a Committee of the Whole on Monday next, and ordered to be printed.

Mr. LIVINGSTON, from the committee to whom was referred the letter of Mr. Trumbull, reported the following resolution, which was adopted by the House:

"_Resolved_, That the two elegant prints offered by Mr.
Trumbull, be accepted; and that the Speaker be instructed
to write an answer, expressive of the pleasure with which
this House has observed his genius and talents exerted in
the patriotic task of celebrating the events which led to
his country's independence, and dedicated to the memory of
those heroes who fell in its defence."

MONDAY, December 9.

JOSIAH PARKER and ROBERT PAGE, from Virginia, appeared, produced their credentials, were qualified, and took their seats.

_Address to the President._

The House resolved itself into a Committee of the Whole, on the Address to be presented to the PRESIDENT OF THE UNITED STATES in answer to his Speech to both Houses, at the commencement of the present session.

Mr. GREGG moved, that the words distinguished by italics, in the third and fourth lines of the second paragraph of the Address, be struck out, and that the words "act in" be inserted in their stead; which produced a short debate, and was finally negatived.

The committee then rose, and the Address was reported without amendment; and was agreed to by the House, in the words following, viz:

_To the President of the United States:_

SIR: While the House of Representatives contemplate the
flattering prospects of abundance from the labors of the
people, by land and by sea, the prosperity of our extended
commerce, notwithstanding the interruptions occasioned by
the belligerent state of a great part of the world, the
return of health, industry and trade, to those cities which
have lately been afflicted with disease, and the various
and inestimable advantages, civil and religious, which,
secured under our happy frame of Government, are continued
to us unimpaired, we cannot fail to offer up to the
benevolent Deity our sincere thanks for these the merciful
dispensations of his protecting Providence.

That any portion of the people of America should permit
themselves, amid such numerous blessings, to _be seduced by
the arts and misrepresentations of designing men into an_
open resistance of a law of the United States, cannot be
heard without deep and serious regret. Under a constitution
where the public burdens can only be imposed by the people
themselves, for their own benefit, and to promote their own
objects, a hope might well have been indulged that the
general interest would have been too well understood, and
the general welfare too highly prized, to have produced in
any of our citizens a disposition to hazard so much
felicity, by the criminal effort of a part, to oppose with
lawless violence the will of the whole. While we lament
that depravity which could produce a defiance of the civil
authority, and render indispensable the aid of the military
force of the nation, real consolation is to be derived from
the promptness and fidelity with which that aid was
afforded. That zealous and active co-operation with the
judicial power, of the volunteers and militia called into
service, which has restored order and submission to the
laws, is a pleasing evidence of the attachment of out
fellow-citizens to their own free Government, and of the
truly patriotic alacrity with which they will support it.

To give due effect to the civil administration of
Government, and to ensure a just execution of the laws, are
objects of such real magnitude as to secure proper
attention to your recommendation of a revision and
amendment of the judiciary system.

Highly approving, as we do, the pacific and humane policy
which has been invariably professed and sincerely pursued
by the Executive authority of the United States, a policy
which our best interests enjoined and of which honor has
permitted the observance, we consider as the most
unequivocal proof of your inflexible perseverance in the
same well chosen system, your preparation to meet the first
indications on the part of the French Republic, of a
disposition to accommodate the existing differences between
the two countries, by a nomination of Ministers on certain
conditions, which the honor of our country unquestionably
dictated, and which its moderation had certainly given it a
right to prescribe. When the assurances thus required of
the French Government, previous to the departure of our
Envoys, had been given through their Minister of Foreign
Relations, the direction that they should proceed on their
mission, was, on your part, a completion of the measure,
and manifests the sincerity with which it was commenced. We
offer up our fervent prayers to the Supreme Ruler of the
Universe for the success of their embassy, and that it may
be productive of peace and happiness to our common country.
The uniform tenor of your conduct, through a life useful to
your fellow-citizens and honorable to yourself, gives a
sure pledge of the sincerity with which the avowed objects
of the negotiation will be pursued on your part, and we
earnestly pray that similar dispositions may be displayed
on the part of France. The differences which unfortunately
subsist between the two nations, cannot fail, in that
event, to be happily terminated. To produce this end, to
all so desirable, firmness, moderation, and union at home,
constitute, we are persuaded, the surest means. The
character of the gentlemen you have deputed, and still
more, the character of the Government which deputes them,
are safe pledges to their country, that nothing
incompatible with its honor or interest, nothing
inconsistent with our obligations of good faith or
friendship to any other nation, will be stipulated.

We learn, with pleasure, that our citizens, with their
property, trading to those ports of St. Domingo with which
commercial intercourse has been renewed, have been duly
respected, and that privateering from those ports has
ceased.

With you, we sincerely regret that the execution of the
sixth article of the Treaty of Amity, Commerce, and
Navigation, with Great Britain, an article produced by a
mutual spirit of amity and justice, should have been
unavoidably interrupted. We doubt not the same spirit of
amity, and the same sense of justice in which it
originated, will lead to satisfactory explanations; and we
hear with approbation that our Minister at London will be
immediately instructed to obtain them. While the
engagements which America has contracted by her treaty with
Great Britain, ought to be fulfilled with that scrupulous
punctuality and good faith to which our Government has ever
so tenaciously adhered, yet no motive exists to induce, and
every principle forbids us to adopt a construction which
might extend them beyond the instrument by which they are
created. We cherish the hope that the Government of Great
Britain will disclaim such extension, and by cordially
uniting with that of the United States for the removal of
all difficulties, will soon enable the boards appointed
under the sixth and seventh articles of our treaty with
that nation, to proceed, and bring the business committed
to them respectively to a satisfactory conclusion.

The buildings for the accommodation of Congress, and of the
President, and for the public offices of the Government at
its permanent seat, being in such a state as to admit of a
removal to that District by the time prescribed by the act
of Congress, no obstacle, it is presumed, will exist to a
compliance with the law.

With you, sir, we deem the present period critical and
momentous. The important changes which are occurring, the
new and great events which are every hour preparing in the
political world, the spirit of war which is prevalent in
almost every nation with whose affairs the interests of the
United States have any connection, demonstrate how unsafe
and precarious would be our situation, should we neglect
the means of maintaining our just rights. Respecting, as we
have ever done, the rights of others, America estimates too
correctly the value of her own, and has received evidence
too complete that they are only to be preserved by her own
vigilance, ever to permit herself to be seduced by a love
of ease, or by other considerations, into that deadly
disregard of the means of self-defence, which could only
result from a carelessness as criminal as it would be fatal
concerning the future destinies of our growing Republic.
The result of the mission to France is, indeed, sir,
uncertain. It depends not on America alone. The most
pacific temper will not always ensure peace. We should
therefore exhibit a system of conduct as indiscreet as it
would be new in the history of the world, if we considered
the negotiation happily terminated because we have
attempted to commence it, and peace restored because we
wish its restoration. But, sir, however this mission may
terminate, a steady perseverance in a system of national
defence, commensurate with our resources and the situation
of our country, is an obvious dictate of duty. Experience,
the parent of wisdom, and the great instructor of nations,
has established the truth of your position, that, remotely
as we are placed from the belligerent nations, and desirous
as we are, by doing justice to all, to avoid offence to
any, yet nothing short of the power of repelling
aggressions will secure to our country a rational prospect
of escaping the calamities of war or national degradation.

In the progress of the session, we shall take into our
serious consideration the various and important matters
recommended to our attention.

A life devoted to the service of your country, talents and
integrity which have so justly acquired and so long
retained the confidence and affection of your
fellow-citizens, attest the sincerity of your declaration,
that it is your anxious desire so to execute the trust
reposed in you as to render the people of the United States
prosperous and happy.

_Resolved_, That the SPEAKER, attended by the House, do present the said Address.

Messrs. MARSHALL, RUTLEDGE, and SEWALL, were appointed a committee to wait on the PRESIDENT, to know when and where he would be ready to receive the Address; and having performed that service, reported, that the PRESIDENT had appointed to-morrow, two o'clock, for that purpose, at his own house.

_Delegate from North-west Territory._

_Ordered_, That the credentials of WILLIAM HENRY HARRISON, who has appeared as a Delegate from the territory of the United States north-west of the river Ohio, be referred to the Committee of Elections; and that they be directed to report whether the Territory is entitled to elect a Delegate who may have a seat in this House.

TUESDAY, December 10.

MATTHEW CLAY, from Virginia, appeared, produced his credentials, was qualified, and took his seat in the House.

_Address to the President._

The hour having arrived which the PRESIDENT had appointed, Mr. SPEAKER, attended by the members present, proceeded to the President's house, to present him their Address in answer to his Speech at the opening of the present session; and having returned, the PRESIDENT'S reply thereto was read, as follows:

_Gentlemen of the House of Representatives_:

This very respectful address from the Representatives of
the people of the United States at their first assembly,
after a fresh election, under the strong impression of the
public opinion and national sense, at this interesting and
singular crisis of our public affairs, has excited my
sensibility, and receives my sincere and grateful
acknowledgments.

As long as we can maintain, with harmony and affection, the
honor of our country, consistently with its peace,
externally and internally, while that is attainable, or in
war, when that becomes necessary, assert its real
independence and sovereignty, and support the
constitutional energies and dignity of its government, we
may be perfectly sure, under the smiles of Divine
Providence, that we shall effectually promote and extend
our national interests and happiness.

The applause of the Senate and House of Representatives, so
justly bestowed upon the volunteers and militia, for their
zealous and active co-operation with the judicial power,
which has restored order and submission to the laws, as it
comes with peculiar weight and propriety from the
Legislature, cannot fail to have an extensive and permanent
effect, for the support of Government, upon all those
ingenuous minds who receive delight from the approving and
animating voice of their country.

JOHN ADAMS.

UNITED STATES, _December 10_.

And then the House adjourned till to-morrow morning, 11 o'clock.

WEDNESDAY, December 11.

HENRY LEE, from Virginia, appeared, produced his credentials, was qualified, and took his seat in the House.

_The Direct Tax Law._

Mr. HARPER said, that a difficulty had arisen in the State of Pennsylvania, relative to the execution of the law "for the valuation of lands and dwelling-houses, and for the enumeration of slaves, within the United States," which the Commissioners for that State did not conceive themselves competent to decide upon; that the Commissioners had referred the case to the Secretary of the Treasury, whose opinion it was, that they were possessed of sufficient power to obviate the difficulties complained of; but the Commissioners, on again taking the subject into consideration, were still of opinion they were unable to act without legislative aid, and therefore had made application to the Committee of Ways and Means, who, Mr. H. said, had directed him to move for leave to bring in a bill, further to amend the act entitled "An act to provide for the valuation of lands and dwelling-houses, and for the enumeration of slaves within the United States," which was granted.

_Franking Privilege to W. H. Harrison._

Mr. HARPER laid the following resolution on the table.

_Resolved_, That a committee be appointed to prepare and
bring in a bill, extending the privilege of franking to W.
H. Harrison, a delegate from the territory of the United
States north-west of the river Ohio, and making provision
for his compensation.

Mr. H. said, that according to law, that gentleman had the right only of speaking and giving his opinion upon any question before the House, but was not entitled to a vote, or any other privilege; but as the privileges of a member had been extended on a former occasion to a delegate from the South-western Territory, he had no doubt they would be granted on the present.

MONDAY, December 16.

THOMAS HARTLEY, from Pennsylvania, and JOSEPH EGGLESTON, from Virginia, appeared, produced their credentials, were qualified, and took their seats in the House.

WEDNESDAY, December 18.

_Death of General Washington._

Mr. MARSHALL, in a voice that bespoke the anguish of his mind, and a countenance expressive of the deepest regret, rose, and delivered himself as follows:

Mr. Speaker: Information has just been received, that our illustrious fellow-citizen, the Commander-in-Chief of the American Army, and the late President of the United States, is no more!

Though this distressing intelligence is not certain, there is too much reason to believe its truth. After receiving information of this national calamity, so heavy and so afflicting, the House of Representatives can be but ill fitted for public business. I move you, therefore, they adjourn.

The motion was unanimously agreed to; and then the House adjourned till to-morrow morning, 11 o'clock.

THURSDAY, December 19.

SAMUEL GOODE, from Virginia, appeared, produced his credentials, was qualified, and took his seat in the House.

_Death of General Washington._

Mr. MARSHALL addressed the Chair as follows:

Mr. Speaker: The melancholy event which was yesterday announced with doubt, has been rendered but too certain. Our WASHINGTON is no more! The Hero, the Sage, and the Patriot of America--the man on whom in times of danger every eye was turned and all hopes were placed--lives now only in his own great actions, and in the hearts of an affectionate and afflicted people.

If, sir, it had even not been usual openly to testify respect for the memory of those whom Heaven had selected as its instruments for dispensing good to men, yet such has been the uncommon worth, and such the extraordinary incidents which have marked the life of him whose loss we all deplore, that the whole American nation, impelled by the same feelings, would call with one voice for a public manifestation of that sorrow which is so deep and so universal.

More than any other individual, and as much as to any one individual was possible, has he contributed to found this our wide-spreading empire, and to give to the Western world its independence and its freedom.

Having effected the great object for which he was placed at the head of our armies, we have seen him converting the sword into the ploughshare, and voluntarily sinking the soldier in the citizen.

When the debility of our federal system had become manifest, and the bonds which connected the parts of this vast continent were dissolving, we have seen him the Chief of those patriots who formed for us a constitution, which, by preserving the Union, will, I trust, substantiate and perpetuate those blessings our Revolution had promised to bestow.

In obedience to the general voice of his country, calling on him to preside over a great people, we have seen him once more quit the retirement he loved, and in a season more stormy and tempestuous than war itself, with calm and wise determination, pursue the true interests of the nation, and contribute, more than any other could contribute, to the establishment of that system of policy which will, I trust, yet preserve our peace, our honor, and our independence.

Having been twice unanimously chosen the Chief Magistrate of a free people, we see him at a time when his re-election, with the universal suffrage, could not have been doubted, affording to the world a rare instance of moderation, by withdrawing from his high station to the peaceful walks of private life.

However the public confidence may change, and the public affections fluctuate with respect to others, yet with respect to him they have in war and in peace, in public and in private life, been as steady as his own firm mind, and as constant as his own exalted virtues.

Let us then, Mr. Speaker, pay the last tribute of respect and affection to our departed friend--let the Grand Council of the nation display those sentiments which the nation feels.

For this purpose I hold in my hand some resolutions, which I will take the liberty to offer to the House.

Mr. MARSHALL having handed them in at the table, they were read, and unanimously agreed to by the House, in the words following, to wit:

The House of Representatives of the United States, having
received intelligence of the death of their highly valued
fellow-citizen, GEORGE WASHINGTON, General of the Armies of
the United States, and sharing the universal grief this
distressing event must produce, _unanimously resolve_:

1. That this House will wait on the President of the United
States, in condolence of this national calamity.

2. That the Speaker's chair be shrouded with black, and
that the members and officers of the House wear mourning,
during the session.

3. That a joint committee of both Houses be appointed to
report measures suitable to the occasion, and expressive of
the profound sorrow with which Congress is penetrated on
the loss of a citizen, first in war, first in peace, and
first in the hearts of his countrymen.

4. That when this House adjourn, it will adjourn until
Monday next.

_Ordered_, That Mr. MARSHALL and Mr. SMITH be appointed a committee to wait on the PRESIDENT OF THE UNITED STATES, to know when and where he will receive this House for the purpose expressed in the first resolution.

_Ordered_, That Mr. MARSHALL, Mr. CRAIK, Mr. HENRY LEE, Mr. EGGLESTON, Mr. SMITH, Mr. STONE, Mr. RUTLEDGE, Mr. ABIEL FOSTER, Mr. MUHLENBERG, Mr. VAN CORTLANDT, MR. DWIGHT FOSTER, Mr. FRANKLIN DAVENPORT, Mr. CLAIBORNE, Mr. MORRIS, Mr. JOHN BROWN, and Mr. TALIAFERRO, be a committee, jointly with such committee as may be appointed on the part of the Senate, for the purpose expressed in the third resolution.

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

A Message was received from the PRESIDENT OF THE UNITED STATES, which, together with the letter accompanying the same, was read and referred to the committee last appointed, and is as follows:

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

The letter herewith transmitted, will inform you that it
has pleased Divine Providence to remove from this life our
excellent fellow-citizen, GEORGE WASHINGTON, by the purity
of his character, and a long series of services to his
country, rendered illustrious through the world. It remains
for an affectionate and grateful people, in whose hearts he
can never die, to pay suitable honor to his memory.

JOHN ADAMS.

UNITED STATES, _Dec. 19, 1799_.

"MOUNT VERNON, _Dec. 15, 1799_.

"SIR: It is with inexpressible grief that I have to
announce to you the death of the great and good General
WASHINGTON. He died last evening, between ten and eleven
o'clock, after a short illness of about twenty hours. His
disorder was an inflammatory sore throat, which proceeded
from a cold, of which he made but little complaint on
Friday. On Saturday morning, about three o'clock, he became
ill. Doctor Craik attended him in the morning, and Doctor
Dick, of Alexandria, and Doctor Brown, of Port Tobacco,
were soon after called in. Every medical assistance was
offered, but without the desired effect. His last scene
corresponded with the whole tenor of his life; not a groan,
nor a complaint, escaped him in extreme distress. With
perfect resignation, and in full possession of his reason,
he closed his well spent life.

"I have the honor to be, sir, your most obedient and very
humble servant,

"TOBIAS LEAR.

"The PRESIDENT OF THE UNITED STATES."

Mr. MARSHALL, from the committee appointed to wait on the PRESIDENT OF THE UNITED STATES, to know when and where it will be convenient for him to receive this House in condolence of the national calamity, reported that the committee had, according to order, performed that service, and that the PRESIDENT signified to them it would be convenient for him to receive this House at one o'clock this afternoon, at his own house.

A message from the Senate informed the House that the Senate have agreed to the resolution passed by the House of Representatives for the appointment of a joint committee of both Houses to report measures suitable to the occasion, and expressive of the profound sorrow with which Congress is penetrated on the loss of a citizen, first in war, first in peace, and first in the hearts of his countrymen; and have appointed Mr. DAYTON, Mr. BINGHAM, Mr. DEXTER, Mr. GUNN, Mr. LAURANCE, and Mr. TRACY, a committee on their part.

The SPEAKER, attended by the House, then withdraw to the house of the PRESIDENT OF THE UNITED STATES, when Mr. SPEAKER addressed the PRESIDENT as follows:

SIR: The House of Representatives, penetrated with a sense
of the irreparable loss sustained by the nation in the
death of that great and good man, the illustrious and
beloved WASHINGTON, wait on you, sir, to express their
condolence on this melancholy and distressing event.

To which the PRESIDENT replied as follows:

_Gentlemen of the House of Representatives_:

I receive, with great respect and affection, the condolence
of the House of Representatives, on the melancholy and
affecting event, in the death of the most illustrious and
beloved personage which this country ever produced. I
sympathize with you, with the nation, and with good men
through the world, in this irreparable loss sustained by us
all.

JOHN ADAMS.

UNITED STATES, _Dec. 19, 1799_.

MONDAY, December 23.

THOMAS T. DAVIS, from Kentucky; ROBERT WILLIAMS, from North Carolina; and JOHN DENNIS, from Maryland; appeared, produced their credentials, were qualified, and took their seats in the House.

_Respect to the Memory of General Washington._

Mr. MARSHALL, from the joint committee appointed to report what testimony of respect ought to be paid to the memory of the man first in war, first in peace, and first in the hearts of his countrymen, made a report in part, which he delivered in at the table, where it was twice read, and unanimously agreed to, in the words following, to wit:

_Resolved, by the Senate and House of Representatives of
the United States of America in Congress assembled_, That a
marble monument be erected by the United States, in the
capitol, in the city of Washington, and that the family of
General WASHINGTON be requested to permit his body to be
deposited under it; and that the monument be so designed as
to commemorate the great events of his military and
political life.

_And be it further resolved_, That there be a funeral
procession from Congress Hall to the German Lutheran
Church, in honor of the memory of General GEORGE
WASHINGTON, on Thursday, the 26th instant, and that an
oration be prepared at the request of Congress, to be
delivered before both Houses on that day, and that the
President of the Senate and Speaker of the House of
Representatives be desired to request one of the members of
Congress to prepare and deliver the same.

_And be it further resolved_, That it be recommended to the
people of the United States to wear crape on the left arm,
as mourning for thirty days.

_And be it further resolved_, That the President of the
United States be requested to direct a copy of these
resolutions to be transmitted to Mrs. WASHINGTON, assuring
her of the profound respect Congress will ever bear to her
person and character; of their condolence on the late
afflicting dispensation of Providence; and entreating her
assent to the interment of the remains of General GEORGE
WASHINGTON, in the manner expressed in the first
resolution.

_And be it further resolved_, That the President of the
United States be requested to issue a proclamation,
notifying to the people throughout the United States the
recommendation contained in the third resolution.

_Ordered_, That the Clerk of this House do carry the said resolutions to the Senate, and desire their concurrence.

Previous to the question being put upon the first resolution, Mr. H. LEE of Virginia, rose, and addressed the Chair as follows:

Mr. Speaker: In executing the task assigned to the committee, it will be observed much remains to be done; so far as they have gone, and as far as they may go, one hope is cherished, that whatever is done, will be unanimously adopted.

This will be most pleasing to our constituents, and most honorable to the character we all honor. Out of a wish to execute in the best manner the direction of the House, a difference of opinion will naturally prevail. This difference of opinion, however commendable, upon ascertaining the mode of public mourning, ought to be suppressed when we come to act; for unanimity then is, as I before stated, most to be wished for, whether the feelings of our constituents, or our intentions, on the celebrity which all desire to give to the high occasion, govern.

A message was received from the Senate, announcing their concurrence in the report of the joint committee made this day; and then the House adjourned till to-morrow morning.

TUESDAY, December 24.

_Respect to the Memory of General Washington._

The SPEAKER informed the House that, conformably to the resolution of Congress, the President of the Senate and the Speaker of the House of Representatives had requested Major General HENRY LEE, one of the Representatives from the State of Virginia, to prepare and deliver a funeral oration before both Houses, on Thursday, the twenty-sixth instant, in honor of the memory of GEORGE WASHINGTON, late General of the Armies of the United States; and that Mr. LEE had been pleased to accept of the appointment.

And, on motion, the House adjourned.

THURSDAY, December 26.