Chapter M: X. again called upon us. He said M. Talleyrand was (10)

The difficulties which suspended the execution of the sixth
article of our Treaty of Amity, Commerce, and Navigation,
with Great Britain, have not yet been removed. The
negotiation on this subject is still pending. As it must be
for the interest and honor of both nations to adjust this
difference with good faith, I indulge confidently the
expectation that the sincere endeavors of the Government of
the United States to bring it to an amicable termination
will not be disappointed.

The Envoys Extraordinary and Ministers Plenipotentiary from
the United States to France were received by the First
Consul with the respect due to their character; and three
persons with equal powers were appointed to treat with
them.[56] Although, at the date of the last official
intelligence, the negotiation had not terminated, yet it is
to be hoped that our efforts to effect an accommodation
will at length meet with a success proportioned to the
sincerity with which they have been so often repeated.

While our best endeavors for the preservation of harmony
with all nations will continue to be used, the experience
of the world, our own experience, admonish us of the
insecurity of trusting too confidently to their success. We
cannot, without committing a dangerous imprudence, abandon
those measures of self-protection which are adapted to our
situation, and to which, notwithstanding our pacific
policy, the violence and injustice of others may again
compel us to resort. While our vast extent of sea-coast,
the commercial and agricultural habits of our people, the
great capital they will continue to trust on the ocean,
suggest the system of defence which will be most beneficial
to ourselves, our distance from Europe, and our resources
for maritime strength, will enable us to employ it with
effect. Seasonable and systematic arrangements, so far as
our resources will justify, for a navy, adapted to
defensive war, and which may, in case of necessity, be
quickly brought into use, seem to be as much recommended by
a wise and true economy as by a just regard for our future
tranquillity, for the safety of our shores, and for the
protection of our property committed to the ocean.

The present Navy of the United States, called suddenly into
existence by a great national exigency, has raised us in
our own esteem; and, by the protection afforded to our
commerce, has effected, to the extent of our expectations,
the objects for which it was created.

In connection with a navy ought to be contemplated the
fortification of some of our principal seaports and
harbors. A variety of considerations, which will readily
suggest themselves, urge an attention to this measure of
precaution. To give security to our principal ports,
considerable sums have already been expended, but the works
remain incomplete. It is for Congress to determine whether
additional appropriations shall be made, in order to render
competent to the intended purposes the fortifications which
have been commenced.

The manufacture of arms within the United States still
invites the attention of the national Legislature. At a
considerable expense to the public this manufacture has
been brought to such a state of maturity as, with continued
encouragement, will supersede the necessity of future
importations from foreign countries.

_Gentlemen of the House of Representatives_:

I shall direct the estimates of the appropriations
necessary for the ensuing year, together with an account of
the public revenue and expenditure, to a late period, to be
laid before you. I observe, with much satisfaction, the
product of the revenue during the present year has been
more considerable than during any former equal period. This
result affords conclusive evidence of the great resources
of this country, and of the wisdom and efficiency of the
measures which have been adopted by Congress for the
protection of commerce and preservation of public credit.

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

As one of the grand community of nations, our attention is
irresistibly drawn to the important scenes which surround
us. If they have exhibited an uncommon portion of calamity,
it is the province of humanity to deplore, and of wisdom to
avoid, the causes which may have produced it. If, turning
our eyes homeward, we find reason to rejoice at the
prospect which presents itself; if we perceive the interior
of our country prosperous, free, and happy; if all enjoy in
safety, under the protection of laws emanating only from
the general will, the fruits of their own labor, we ought
to fortify and cling to those institutions which have been
the source of such real felicity; and resist, with
unabating perseverance, the progress of those dangerous
innovations which may diminish their influence.

To your patriotism, gentlemen, has been confided the
honorable duty of guarding the public interests; and, while
the past is to your country a sure pledge that it will be
faithfully discharged, permit me to assure you that your
labors to promote the general happiness will receive from
me the most zealous co-operation.

JOHN ADAMS.

UNITED STATES, _Nov. 22, 1800_.

The PRESIDENT OF THE UNITED STATES having retired, the two Houses separated.

_Ordered_, That Messrs. TRACY, MORRIS, and BALDWIN, 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.

It was further ordered that the Speech be printed for the use of the Senate.

MONDAY, November 24.

JONATHAN DAYTON, from the State of New Jersey, attended.

Mr. TRACY, from the committee appointed to draft 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, made a report, which was read, and ordered to lie for consideration.

TUESDAY, November 25.

WILSON CARY NICHOLAS, from the State of Virginia, attended.

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

_To the President of the United States_:

SIR: Impressed with the important truth that the hearts of
rulers and people are in the hand of the Almighty, the
Senate of the United States most cordially join in your
invocations for appropriate blessings upon the Government
and people of this Union.

We meet you, sir, and the other branch of the national
Legislature in the city which is honored by the name of our
late hero and sage, the illustrious WASHINGTON, with
sensations and emotions which exceed our power of
description.

While we congratulate ourselves on the convention of the
Legislature at the permanent seat of Government, and
ardently hope that permanence and stability may be
communicated as well to the Government itself as to its
seat, our minds are irresistibly led to deplore the death
of him who bore so honorable and efficient a part in the
establishment of both. Great indeed would have been our
gratification if his sum of earthly happiness had been
completed by seeing the Government thus peaceably convened
at this place; but we derive consolation from a belief that
the moment in which we were destined to experience the loss
we deplore, was fixed by that Being whose counsels cannot
err; and from a hope that, since in this seat of
Government, which bears his name, his earthly remains will
be deposited, the members of Congress, and all who inhabit
the city, with these memorials before them, will retain his
virtues in lively recollection, and make his patriotism,
morals, and piety, models for imitation. And permit us to
add, sir, that it is not among the least of our
consolations that you, who have been his companion and
friend from the dawning of our national existence, and
trained in the same school of exertion to effect our
independence, are still preserved by a gracious Providence
in health and activity to exercise the functions of Chief
Magistrate.

The question whether the legal powers over the District of
Columbia, vested by the constitution in the Congress of the
United States, shall be immediately exercised, is of great
importance, and in deliberating upon it, we shall naturally
be led to weigh the attending circumstances and every
probable consequence of the measures which may be proposed.

The several subjects for Legislative consideration,
contained in your Speech to both Houses of Congress, shall
receive from the Senate all the attention which they can
give, when contemplating those objects, both in respect to
their national importance, and the additional weight that
is given them by your recommendation.

We deprecate, with you, sir, all spirit of innovation, from
whatever quarter it may arise, which may impair the sacred
bond that connects the different parts of this empire; and
we trust, that, under the protection of Divine Providence,
the wisdom and virtue of the citizens of the United States
will deliver our national compact unimpaired to a grateful
posterity.

From past experience, it is impossible for the Senate of
the United States to doubt of your zealous co-operation
with the Legislature in every effort to promote the general
happiness and tranquillity of the Union.

Accept, sir, our warmest wishes for your health and
happiness.

JOHN E. HOWARD,
_President of the Senate, pro tempore_.

_Resolved_, That a committee be appointed to wait on the PRESIDENT OF THE UNITED STATES, and desire him to acquaint the Senate at what time and place it will be convenient for him that the Address of the Senate, in answer to his Speech to both Houses of Congress at the opening of the session, shall be presented; and that Messrs. TRACY, MORRIS, and BALDWIN, be this committee.

A message from the House of Representatives informed the Senate that the House have resolved, that two Chaplains be appointed to Congress, for the present session, one by each House, to interchange weekly; in which they desire the concurrence of the Senate.

The Senate took into consideration the resolution last mentioned; and

_Resolved_, That they do concur therein with the following amendment: after the word "Chaplains," insert "of different denominations."

WEDNESDAY, November 26.

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

Whereupon, the Senate waited on the PRESIDENT OF THE UNITED STATES accordingly: and the President of the Senate, in their name, presented the Address yesterday agreed to.

To which the PRESIDENT made the following reply:

_Mr. President and Gentlemen of the Senate_:

For this excellent Address, so respectful to the memory of
my illustrious predecessor, which I receive from the Senate
of the United States, at this time, and in this place, with
peculiar satisfaction, I pray you to accept of my unfeigned
acknowledgments. With you, I ardently hope, that permanence
and stability will be communicated as well to the
Government itself, as to its beautiful and commodious seat.
With you I deplore the death of that hero and sage who bore
so honorable and efficient a part in the establishment of
both. Great indeed would have been my gratification, if his
sum of earthly happiness had been completed by seeing the
Government thus peaceably convened at this place, himself
at its head. But, while we submit to the decision of
Heaven, whose councils are inscrutable to us, we cannot but
hope, that the members of Congress, the officers of
Government, and all who inhabit the city or the country,
will retain his virtues in lively recollection, and make
his patriotism, morals, and piety, models for imitation.

I thank you, gentlemen, for your assurance that the several
subjects for legislative consideration, recommended in my
communication to both Houses, shall receive from the Senate
a deliberate and candid attention.

With you, gentlemen, I sincerely deprecate all spirit of
innovation which may weaken the sacred bond that connects
the different parts of this nation and Government; and with
you I trust, that, under the protection of Divine
Providence, the wisdom and virtue of our citizens will
deliver our national compact unimpaired to a free,
prosperous, happy, and grateful posterity. To this end it
is my fervent prayer, that, in this city, the fountains of
wisdom may be always open, and the streams of eloquence for
ever flow. Here may the youth of this extensive country for
ever look up without disappointment, not only to the
monuments and memorials of the dead, but to the examples of
the living, in the members of Congress and officers of
Government, for finished models of all those virtues,
graces, talents, and accomplishments, which constitute the
dignity of human nature, and lay the only foundation for
the prosperity or duration of empires.

JOHN ADAMS.

CITY OF WASHINGTON, _Nov. 26, 1800_.

The Senate returned to their own Chamber; and the reply of the PRESIDENT OF THE UNITED STATES having been read, adjourned.

FRIDAY, November 28.

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

MONDAY, December 1.

JESSE FRANKLIN, from the State of North Carolina, attended.

The VICE PRESIDENT communicated a letter from JAMES LLOYD, a Senator from the State of Maryland, resigning his seat in the Senate; which was read.

TUESDAY, December 2.

JACOB READ, from the State of South Carolina, and JAMES GUNN, from the State of Georgia, severally attended.

THURSDAY, December 4.

RAY GREENE, from the State of Rhode Island, and ELIJAH PAINE, from the State of Vermont, severally attended.

MONDAY, December 15.

WILLIAM HINDMAN, appointed a Senator by the Legislature of the State of Maryland, for the remainder of the term for which JAMES LLOYD was elected, produced his credentials, was qualified, and took his seat in the Senate.

FRIDAY, December 19.

JONATHAN MASON, appointed a Senator by the Legislature of the State of Massachusetts, in place of BENJAMIN GOODHUE, resigned, produced his credentials, was qualified, and took his seat in the Senate.

MONDAY, January 5, 1801.

_Mississippi Territorial Laws._

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

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

I transmit to both Houses of Congress, for their
information and consideration, copies of laws enacted by
the Governor and Judges of the Mississippi Territory, from
the 30th of June until the 31st of December, A. D.
1799.[57]

JOHN ADAMS.

UNITED STATES, _Jan. 1, 1801_.

The Message was read and ordered to lie for consideration.

WEDNESDAY, January 7.

The Senate took into consideration the report of the committee to whom was referred so much of the PRESIDENT'S Speech as relates to the exercise of the local powers over the District of Columbia, vested by the constitution in the Congress of the United States; which is,

"That, by the cession of the several States of Virginia and
Maryland, and the acceptance thereof by Congress, the said
District has become the permanent Seat of the Government of
the United States;

"That the powers of the said States to legislate within
said District have wholly ceased;

"And that the sole power of legislation over the same is
thereupon exclusively vested in Congress."

And, on motion to agree thereto, a motion was made for the previous question, to wit: "Shall the main question be now put?" and which passed in the negative.

The Senate resumed the second reading of the bill concerning the District of Columbia; and, after debate,

_Ordered_, That it be recommitted to the original committee, further to consider and report thereon.

THURSDAY, January 8.

JOHN ARMSTRONG, appointed a Senator by the Legislature of the State of New York, in place of JOHN LAURANCE, resigned, produced his credentials, was qualified, and took his seat in the Senate.

MONDAY, January 12.

WILLIAM BINGHAM and JAMES ROSS, from the State of Pennsylvania, severally attended.

THURSDAY, January 15.

Mr. NICHOLAS, from the committee on the bill to erect a mausoleum for GEORGE WASHINGTON, reported amendments; which were read, and ordered to lie for consideration.

TUESDAY, January 20.

The Senate proceeded to the consideration of Executive business.

WEDNESDAY, January 21.

The VICE PRESIDENT communicated a letter from the Commissioners of the City of Washington, addressed to both Houses of Congress requesting the assignment of a room in the Capitol for the temporary accommodation of the Supreme Judicial Court of the United States; which was read.

_Resolved_, That the Secretary be directed to inform the Commissioners of the City of Washington that the Senate consent to the accommodation of the Supreme Court in one of the committee rooms, as proposed in their letter.

THURSDAY, January 22.

_Mausoleum for Washington._

The Senate resumed the consideration of the report of the committee on the bill to erect a mausoleum for GEORGE WASHINGTON; and on motion to agree to the report, and to strike out, after the word "That," immediately following the enacting clause, the whole of the bill, for the purpose of inserting as follows:

"In testimony of the respect and gratitude of the citizens
of the United States to GEORGE WASHINGTON, and for carrying
into effect the resolution of Congress of the 24th day of
December, 1799, to commemorate the great events of his
military and political life, there shall be and hereby is
appropriated a sum not exceeding ---- thousand dollars, to
be paid out of any moneys in the Treasury of the United
States, not otherwise appropriated.

"_And be it further enacted_, That ---- ---- shall be and
hereby are, empowered, to fix on a plan and make all
contracts and engagements for payment of moneys, not
exceeding in the whole the aforesaid sum of ---- dollars;
and to adopt all other measures necessary and proper for
the due execution of this act, as to them shall seem
expedient."

And it was agreed to divide the motion, and that the question be taken on striking out, which passed in the affirmative--yeas 16, nays 12, as follows:

YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Cocke, Dayton, T. Foster, D. Foster, Franklin,
Hillhouse, Langdon, Marshall, S. T. Mason, Nicholas, and
Schureman.

NAYS.--Messrs. Chipman, Greene, Hindman, Howard, Latimer,
Livermore, J. Mason, Morris, Paine, Read, Tracy, and Wells.

MONDAY, January 26.

The Senate resumed the second reading of the bill for erecting a mausoleum for GEORGE WASHINGTON; and having agreed to the amendment reported by the committee, and filled up one of the blanks,

_Ordered_, That this bill pass to third reading as amended.

WEDNESDAY, February 4.

_Mausoleum for Washington._

The Senate took into consideration the amendment reported by the committee, on the bill for erecting a mausoleum for GEORGE WASHINGTON; which was agreed to.

And on the final passage of the bill as amended, the question was determined in the affirmative--yeas 20, nays 9, as follows:

YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Dayton, T. Foster, Dwight Foster, Franklin,
Greene, Hillhouse, Howard, Langdon, Livermore, Marshall, S.
T. Mason, Nicholas, Paine, and Schureman.

NAYS.--Messrs. Bingham, Cocke, Gunn, Hindman, Latimer, J.
Mason, Morris, Read, and Ross.

So it was _Resolved_, That this bill pass with amendments.

MONDAY, February 9.

_Counting Votes for President of the United States._

On motion, it was

_Resolved_, That the Senate will be ready to receive the House of Representatives in the Senate Chamber on Wednesday next, at twelve o'clock, for the purpose of being present at the opening and counting the votes for PRESIDENT OF THE UNITED STATES. That one person be appointed a teller on the part of the Senate, to make a list of the votes for PRESIDENT OF THE UNITED STATES, as they shall be declared: that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the journals, and if it shall appear that a choice has been made, agreeably to the constitution, such entry on the journals shall be deemed a sufficient declaration thereof.

_Ordered_, That the Secretary notify the House of Representatives of this resolution.

TUESDAY, February 10.

On motion that when the two Houses shall proceed to opening and counting the votes for PRESIDENT OF THE UNITED STATES, no person shall be admitted into the gallery, it passed in the affirmative--yeas 16, nays 10, as follows:

YEAS.--Messrs. Brown, Chipman, Dayton, T. Foster, Dwight
Foster, Hillhouse, Hindman, Latimer, J. Mason, Morris,
Paine, Read, Ross, Schureman, Tracy, and Wells.

NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Cocke,
Franklin, Langdon, Livermore, Marshall, S. T. Mason, and
Nicholas.

A message was received from the House of Representatives informing the Senate that they have passed a resolution, which the Clerk was directed to bring to the Senate.

The resolution was read, as follows:

"_Resolved_, That this House will attend in the Chamber of
the Senate on Wednesday next, at 12 o'clock, for the
purpose of being present at the opening and counting of the
votes for PRESIDENT and VICE PRESIDENT OF THE UNITED
STATES; that Messrs. RUTLEDGE and NICHOLAS be appointed
tellers, to act jointly with the teller appointed on the
part of the Senate, to make a list of the votes for
PRESIDENT and VICE PRESIDENT OF THE UNITED STATES, as they
shall be declared; that the result shall be delivered to
the President of the Senate, who shall announce the state
of the vote, which shall be entered on the journals, and if
it shall appear that a choice has been made, agreeably to
the constitution, such entry on the journals shall be
deemed a sufficient declaration thereof."

_Ordered_, That Mr. WELLS be a teller on the part of the Senate for the purpose expressed in the above resolution.

WEDNESDAY, February 11.

_Ordered_, That the Secretary notify the House of Representatives that the Senate is ready to meet them in the Senate Chamber, for the purpose of being present at the opening and counting the votes for PRESIDENT OF THE UNITED STATES.

The two Houses of Congress accordingly assembled in the Senate Chamber, and the certificates of the Electors of sixteen States were, by the VICE PRESIDENT, opened and delivered to the tellers appointed for the purpose, who, having examined and ascertained the number of votes, presented a list thereof to the VICE PRESIDENT, which was read. (_For List see Table on next page._)

Whereupon the VICE PRESIDENT declared that the result of the votes, as delivered by the tellers, was that

THOMAS JEFFERSON, of Va., had 73 AARON BURR, of N. Y., had 73 JOHN ADAMS, of Mass., had 65 CHAS. C. PINCKNEY, of S. C., had 64 JOHN JAY, of N. Y., had 1

---------------+---------+---------+---------+----------+---------+ STATES. |Thomas | Aaron | John |Charles C.| John | |Jefferson| Burr | Adams |Pinckney | Jay. | ---------------+---------+---------+---------+----------+---------+ New Hampshire | - | - | 6 | 6 | | Massachusetts | - | - | 16 | 16 | | Rhode Island | - | - | 4 | 3 | 1 | Connecticut | - | - | 9 | 9 | | Vermont | - | - | 4 | 4 | | New York | 12 | 12 | | | | New Jersey | - | - | 7 | 7 | | Pennsylvania | 8 | 8 | 7 | 7 | | Delaware | - | - | 3 | 3 | | Maryland | 5 | 5 | 5 | 5 | | Virginia | 21 | 21 | | | | Kentucky | 4 | 4 | | | | North Carolina | 8 | 8 | 4 | 4 | | Tennessee | 3 | 3 | | | | South Carolina | 8 | 8 | | | | Georgia | 4 | 4 | | | | | -- | -- | -- | -- | -- | | 73 | 73 | 65 | 64 | 1 | ---------------+---------+---------+---------+----------+---------+

The whole number of Electors who had voted were one hundred and thirty-eight, of which number THOMAS JEFFERSON and AARON BURR had a majority; but the number of those voting for them being equal, no choice was made by the people; and that, consequently, the remaining duties devolve on the House of Representatives.

On which, the House of Representatives repaired to their own Chamber; and the Senate adjourned.

MONDAY, February 16.

_Public Property._

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

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

I wish to know the pleasure of Congress, and request their
direction, concerning the disposition of the property of
the United States now in my possession; whether I shall
deliver it into the hands of the Heads of Departments, or
of the Commissioners of the city of Washington, or of a
committee of Congress, or to any other persons Congress may
appoint, to be delivered into the hands of my successor, or
whether I shall present it myself to the PRESIDENT OF THE
UNITED STATES on the 4th of March next. Any of these modes
will be agreeable to me.

JOHN ADAMS.

UNITED STATES, _Feb_. 16, 1801.

The Message was read and ordered to lie on the table.

The VICE PRESIDENT communicated a letter from JAMES SCHUREMAN, a Senator from the State of New Jersey, resigning his seat; which was read.

_Resolved_, That the VICE PRESIDENT be requested to notify the Executive of the State of New Jersey that JAMES SCHUREMAN hath resigned his seat in the Senate.

WEDNESDAY, February 18.

A message from the House of Representatives informed the Senate that the House have chosen THOMAS JEFFERSON, of Virginia, President of the United States, for the term commencing on the 4th of March next.

On motion, it was

_Resolved_, That a committee be appointed, to join such committee as may be appointed on the part of the House of Representatives, to consider whether any, and, if any, what measures ought to be adopted for the further accommodation of the PRESIDENT OF THE UNITED STATES, for the term commencing the 4th day of March next, to report by bill, bills, or otherwise; and that Messrs. NICHOLAS, TRACY, and BALDWIN, be the committee on the part of the Senate.

_Notification of Election to Aaron Burr._

On motion, it was

_Resolved_, That the PRESIDENT OF THE UNITED STATES be requested to cause to be transmitted to AARON BURR, Esq., of New York, Vice President elect of the United States, notification of his election to that office, and that the President of the Senate do make out and sign a certificate, in the words following, viz:

"BE IT KNOWN, That the Senate and House of Representatives
of the United States of America, being convened at the city
of Washington, on the second Wednesday in February, A. D.
1801, the underwritten Vice President of the United States
and President of the Senate, did, in presence of said
Senate and House of Representatives, open all the
certificates and count all the votes of the electors for a
President; whereupon it appeared that THOMAS JEFFERSON, of
Virginia, and AARON BURR, of New York, had a majority of
the votes of the electors and an equal number of votes; in
consequence of which the House of Representatives proceeded
to the choice of a President, and have this day notified to
the Senate that THOMAS JEFFERSON has by them been duly
chosen President: by all of which it appears that AARON
BURR, Esq., of New York, is duly elected, agreeably to the
constitution, Vice President of the United States of
America.

"In witness thereof I have hereunto set my hand and seal,
this 18th day of February, 1801.

"THOMAS JEFFERSON."

And that the President of the Senate do cause the certificate aforesaid to be laid before the PRESIDENT OF THE UNITED STATES, with this resolution.

MONDAY, February 23.

Mr. PINCKNEY, a Senator for the State of South Carolina, attended.

THURSDAY, February 26.

The bill to prohibit the Secretary of the Navy from carrying on any business of trade, commerce, or navigation, was read the second time, and referred to Messrs. LANGDON, NICHOLAS, and DAYTON, to consider and report thereon.

SATURDAY, February 28.

_Retiring of the Vice President._

The VICE PRESIDENT addressed the Senate as follows:

_Gentlemen of the Senate_:

To give the usual opportunity of appointing a President,
_pro tempore_, I now propose to retire from the chair of
the Senate; and, as the time is near at hand when the
relations will cease which have for some time subsisted
between this honorable House and myself, I beg leave,
before I withdraw, to return them my grateful thanks for
all the instances of attention and respect with which they
have been pleased to honor me. In the discharge of my
functions here, it has been my conscientious endeavor to
observe impartial justice, without regard to persons or
subjects; and if I have failed of impressing this on the
mind of the Senate, it will be to me a circumstance of the
deepest regret. I may have erred at times--no doubt I have
erred--this is the law of human nature. For honest errors,
however, indulgence may be hoped.

I owe to truth and justice, at the same time, to declare,
that the habits of order and decorum, which so strongly
characterize the proceedings of the Senate, have rendered
the umpirage of their President an office of little
difficulty; that, in times and on questions which have
severely tried the sensibilities of the House, calm and
temperate discussion has rarely been disturbed by
departures from order.

Should the support which I have received from the Senate,
in the performance of my duties here, attend me into the
new station to which the public will has transferred me, I
shall consider it as commencing under the happiest
auspices.

With these expressions of my dutiful regard to the Senate
as a body, I ask leave to mingle my particular wishes for
the health and happiness of the individuals who compose it,
and to tender them my cordial and respectful adieu.

After which the VICE PRESIDENT retired.

Whereupon the Senate proceeded to the election of a President _pro tempore_, as the constitution provides; and JAMES HILLHOUSE was duly elected.

_Ordered_, That the Address of the VICE PRESIDENT, made this day, taking leave of the Senate, be referred to a committee, with instruction to prepare and report the draft of an Address in answer thereto; and that Messrs. MORRIS, J. MASON, and DAYTON, be the committee.

MONDAY, March 2.

_Answer to the Vice President's Valedictory._

Mr. MORRIS, from the committee appointed the 28th ultimo, on the Address of the VICE PRESIDENT, made, on his taking leave of the Senate, reported an answer thereto, which was read, as follows:

SIR: While we congratulate you on those expressions of the
public will, which called you to the first office in the
United States, we cannot but lament the loss of that
intelligence, attention, and impartiality, with which you
have presided over our deliberations. The Senate feel
themselves much gratified by the sense you have been
pleased to express of their support in the performance of
your late duties. Be persuaded that it will never be
withheld from a Chief Magistrate, who, in the exercise of
his office, shall be influenced by a due regard to the
honor and interests of our country.

In the confidence that your official conduct will be
directed to these great objects, a confidence derived from
past events, we repeat to you, sir, the assurance of our
constitutional support in your future administration.

On the motion to strike out these words: "a confidence derived from past events," it passed in the negative--yeas 9, nays 19, as follows:

YEAS.--Messrs. Chipman, Hindman, Howard, Livermore, Paine,
Read, Ross, Tracy, and Wells.

NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Cocke, Dayton, T. Foster, D. Foster, Franklin,
Greene, Gunn, Hillhouse, Marshall, S. T. Mason, J. Mason,
Morris, Nicholas, and Pinckney.

And the report was agreed to.

_Ordered_, That the committee who drafted the answer to the Address, wait on the President elect of the United States, and present it to him.

The PRESIDENT laid before the Senate a letter from the President elect of the United States; which was read, as follows:

WASHINGTON, _March 2, 1801_.

SIR: I beg leave, through you, to inform the honorable the
Senate of the United States, that I propose to take the
oath which the constitution prescribes to the President of
the United States, before he enters on the execution of his
office, on Wednesday, the 4th instant, at 12 o'clock, in
the Senate Chamber.

I have the honor to be, with the greatest respect, sir,
your most obedient and most humble servant,

TH. JEFFERSON.

The PRESIDENT _pro tempore of the Senate_.

_Ordered_, That the foregoing letter be referred to Messrs. MORRIS, DAYTON, and ROSS, to report thereon.

_Ordered_, That the committee who were appointed to take into consideration the letter from the President elect of the United States, of this day, be discharged.

A motion was made as follows:

The President elect of the United States having informed
the Senate that he proposes to take the oath which the
constitution prescribes to the President of the United
States before he enters on the execution of his office, on
Wednesday, the 4th instant, at 12 o'clock, in the Senate
Chamber:

_Ordered_, That the Secretary communicate that information
to the House of Representatives; that seats be provided for
such members of the House of Representatives and such of
the public Ministers as may think proper to attend; and
that the gallery be opened to the citizens of the United
States.

And the motion was agreed to.

TUESDAY, March 3.

_Mausoleum for Washington._

The Senate took into consideration the amendments to the amendments on the bill to erect a mausoleum for GEORGE WASHINGTON; and on motion to postpone the further consideration of this bill until the first Monday in December next, it passed in the affirmative--yeas 14, nays 13, as follows:

YEAS.--Messrs. Anderson, Armstrong, Baldwin, Brown, Cocke,
Gunn, Hindman, J. Mason, Morris, Pinckney, Read, Ross,
Tracy, and Wells.

NAYS.--Messrs. Bloodworth, Chipman, Dayton, T. Foster,
Franklin, Greene, Hillhouse, Howard, Langdon, Livermore,
Marshall, Nicholas, and Paine.

The bill to prohibit the Secretary of the Navy from being concerned in trade or commerce, was read the third time and passed.

Mr. NICHOLAS, from the committee on the bill providing for a Naval Peace Establishment, reported amendments, which, being agreed to, the bill was read the third time by unanimous consent, and passed.

Mr. MORRIS, from the committee appointed to wait on the President elect of the United States, and present him with the answer of the Senate to his Address on taking leave, communicated his reply, which was read as follows:

GENTLEMEN: I receive with due sensibility the
congratulations of the Senate on being called to the first
Executive office of our Government; and I accept, with
great satisfaction, their assurances of support in whatever
regards the honor and interest of our country. Knowing no
other object in the discharge of my public duties, their
confidence in my future conduct, derived from past events,
shall not be disappointed, so far as my judgment may enable
me to discern those objects.

The approbation they are so good as to express of my
conduct in the chair of the Senate, is highly gratifying to
me; and I pray them to accept my humble thanks for these
declarations of it.

TH. JEFFERSON.

MARCH, 3, 1801.

TUESDAY EVENING, 6 o'clock.

AARON OGDEN, appointed a Senator by the Legislature of the State of New Jersey, in place of James Schureman, resigned, produced his credentials, was qualified, and took his seat in the Senate.

_Adjournment._

A message from the House of Representatives informed the Senate that the House concur in the resolution of the Senate appointing a joint committee to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed adjournment of the two Houses of Congress, and have appointed a committee on their part. And that the House of Representatives, having completed the business before them, are about to adjourn without day.

Mr. READ reported, from the joint committee, that they had waited on the PRESIDENT OF THE UNITED STATES and that he replied, that he had nothing further to communicate to Congress, except his best wishes for the health and happiness of its members respectively.

The Senate then adjourned without day.

SPECIAL SESSION.

WEDNESDAY, March 4, 1801.

_To the Senators of the United States, respectively_:

SIR: It appearing to me proper and necessary for the public
service, that the Senate of the United States should be
convened on Wednesday the 4th of March next, you are
desired to attend in the Chamber of the Senate on that day,
at 10 o'clock in the forenoon, to receive and act upon any
communications which the President of the United States may
then lay before you touching their interests, and to do and
consider all other things which may be proper and necessary
for the public service, for the Senate to do and consider.

JOHN ADAMS,
_President of the United States_.

JANUARY 30, 1801.

In conformity to the summons from the PRESIDENT OF THE UNITED STATES above recited, the Senate assembled in their Chamber.

PRESENT:

AARON BURR, Vice President of the United States, and President of the Senate.

SAMUEL LIVERMORE, and JAMES SHEAFE, from New Hampshire.

DWIGHT FOSTER, and JONATHAN MASON, from Massachusetts.

THEODORE FOSTER and RAY GREENE, from Rhode Island.

URIAH TRACY and JAMES HILLHOUSE, from Connecticut.

NATHANIEL CHIPMAN, from Vermont.

GOUVERNEUR MORRIS and JOHN ARMSTRONG, from New York.

JONATHAN DAYTON and AARON OGDEN, from New Jersey.

JAMES ROSS and PETER MUHLENBERG, from Pennsylvania.

WILLIAM HILL WELLS and SAMUEL WHITE, from Delaware.

JOHN E. HOWARD, from Maryland.

STEVENS T. MASON and WILSON CARY NICHOLAS, from Virginia.

JOHN BROWN, from Kentucky.

JESSE FRANKLIN and DAVID STONE, from North Carolina.

JOSEPH ANDERSON and WILLIAM COCKE, from Tennessee.

CHARLES PINCKNEY, from South Carolina.

ABRAHAM BALDWIN, from Georgia.

Mr. HILLHOUSE administered the oath of office to the VICE PRESIDENT, who took the chair, and the credentials of the following members were read:

Of Mr. ARMSTRONG, Mr. MUHLENBERG, Mr. SHEAFE, Mr. STONE, Mr. TRACY, and Mr. WHITE.

And the oath of office was administered to Mr. ARMSTRONG, Mr. MUHLENBERG, Mr. SHEAFE, Mr. STONE, and Mr. WHITE, by the VICE PRESIDENT.

Exception being taken to the credentials of the Hon. Mr. TRACY, a Senator from the State of Connecticut, a debate ensued; and, on motion that he be admitted to take the oath required by the constitution, it passed in the affirmative--yeas 13, nays 10, as follows:

YEAS.--Messrs. Chipman, Dayton, Dwight Foster, Hillhouse,
Howard, Livermore, J. Mason, Morris, Ogden, Ross, Sheafe,
Wells, and White.

NAYS.--Messrs. Anderson, Armstrong, Baldwin, Brown, Cocke,
S. T. Mason, Muhlenberg, Nicholas, Pinckney, and Stone.

And the oath was accordingly administered to Mr. TRACY by the VICE PRESIDENT.

The PRESIDENT OF THE UNITED STATES, attended by the Heads of Departments, the Marshal of the District, his officers and other gentlemen, came into the Senate Chamber and took his seat in the chair usually occupied by the VICE PRESIDENT. The VICE PRESIDENT took a separate seat on the right of the PRESIDENT OF THE UNITED STATES, and the Chief Justice of the United States on the left. After a short pause, the PRESIDENT OF THE UNITED STATES rose, and addressed the audience as follows:

_Friends and fellow-citizens_:

Called upon to undertake the duties of the first Executive
office of our country, I avail myself of the presence of
that portion of my fellow-citizens which is here assembled,
to express my grateful thanks for the favor with which they
have been pleased to look towards me, to declare a sincere
consciousness that the task is above my talents, and that I
approach it with those anxious and awful presentiments
which the greatness of the charge, and the weakness of my
powers, so justly inspire. A rising nation spread over a
wide and fruitful land, traversing all the seas with the
rich productions of their industry, engaged in commerce
with nations who feel power and forget right, advancing
rapidly to destinies beyond the reach of mortal eye; when I
contemplate these transcendent objects, and see the honor,
the happiness, and the hopes, of this beloved country
committed to the issue and the auspices of this day, I
shrink from the contemplation, and humble myself before the
magnitude of the undertaking. Utterly indeed should I
despair, did not the presence of many whom I here see
remind me, that, in the other high authorities provided by
our constitution, I shall find resources of wisdom, of
virtue, and of zeal, on which to rely under all
difficulties. To you, then, gentlemen, who are charged with
the sovereign functions of legislation, and to those
associated with you, I look with encouragement for that
guidance and support which may enable us to steer with
safety the vessel in which we are all embarked, amidst the
conflicting elements of a troubled world.

During the contest of opinion through which we have passed,
the animation of discussions and of exertions has sometimes
worn an aspect which might impose on strangers unused to
think freely, and to speak and to write what they think;
but this being now decided by the voice of the nation,
announced according to the rules of the constitution, all
will of course arrange themselves under the will of the
law, and unite in common efforts for the common good. All
too will bear in mind this sacred principle, that though
the will of the majority is in all cases to prevail, that
will, to be rightful, must be reasonable; that the minority
possess their equal rights, which equal law must protect,
and to violate would be oppression. Let us then,
fellow-citizens, unite with one heart and one mind, let us
restore to social intercourse that harmony and affection
without which, liberty, and even life itself, are but
dreary things. And let us reflect, that, having banished
from our land that religious intolerance under which
mankind so long bled and suffered, we have yet gained
little, if we countenance a political intolerance, as
despotic, as wicked, and capable of as bitter and bloody
persecutions. During the throes and convulsions of the
ancient world, during the agonizing spasms of infuriated
man, seeking through blood and slaughter his long lost
liberty, it was not wonderful that the agitation of the
billows should reach even this distant and peaceful shore;
that this should be more felt and feared by some and less
by others; and should divide opinions as to measures of
safety; but every difference of opinion is not a difference
of principle. We have called by different names brethren of
the same principle. We are all Republicans: we are all
Federalists. If there be any among us who would wish to
dissolve this Union, or to change its republican form, let
them stand undisturbed as monuments of the safety with
which error of opinion may be tolerated, where reason is
left free to combat it. I know indeed that some honest men
fear that a Republican Government cannot be strong; that
this Government is not strong enough. But would the honest
patriot, in the full tide of successful experiment, abandon
a Government which has so far kept us free and firm, on the
theoretic and visionary fear that this Government, the
world's best hope, may, by possibility, want energy to
preserve itself? I trust not. I believe this, on the
contrary, the strongest Government on earth. I believe it
the only one where every man, at the call of the law, would
fly to the standard of the law, and would meet invasions of
the public order as his own personal concern. Sometimes it
is said that man cannot be trusted with the government of
himself. Can he then be trusted with the government of
others? Or have we found angels in the form of kings to
govern him? Let history answer this question.

Let us then, with courage and confidence, pursue our own
federal and republican principles; our attachment to union
and representative government. Kindly separated by nature
and a wide ocean from the exterminating havoc of one
quarter of the globe; too high-minded to endure the
degradations of the others; possessing a chosen country,
with room enough for our descendants to the thousandth and
thousandth generation; entertaining a due sense of our
equal right to the use of our own faculties, to the
acquisitions of our own industry, to honor and confidence
from our fellow-citizens, resulting not from birth, but
from our actions and their sense of them; enlightened by a
benign religion, professed indeed and practised in various
forms, yet all of them inculcating honesty, truth,
temperance, gratitude, and the love of man, acknowledging
and adoring an overruling Providence, which, by all its
dispensations, proves that it delights in the happiness of
man here and his greater happiness hereafter; with all
these blessings, what more is necessary to make us a happy
and a prosperous people? Still one thing more,
fellow-citizens--a wise and frugal Government, which shall
restrain men from injuring one another, shall leave them
otherwise free to regulate their own pursuits of industry
and improvement, and shall not take from the mouth of labor
the bread it has earned. This is the sum of good
government; and this is necessary to close the circle of
our felicities.

About to enter, fellow-citizens, on the exercise of duties
which comprehend every thing dear and valuable to you, it
is proper you should understand what I deem the essential
principles of our Government, and consequently those which
ought to shape its Administration. I will compress them
within the narrowest compass they will bear, stating the
general principle, but not all its limitations. Equal and
exact justice to all men, of whatever state or persuasion,
religious or political: peace, commerce, and honest
friendship with all nations, entangling alliances with
none: the support of the State Governments in all their
rights, as the most competent administrations for our
domestic concerns, and the surest bulwarks against
anti-republican tendencies: the preservation of the General
Government in its whole constitutional vigor, as the
sheet-anchor of our peace at home, and safety abroad: a
jealous care of the right of election by the people; a mild
and safe corrective of abuses which are lopped by the sword
of revolution, where peaceable remedies are unprovided:
absolute acquiescence in the decisions of the majority, the
vital principle of Republics, from which is no appeal but
to force, the vital principle and immediate parent of
despotism: a well-disciplined militia, our best reliance in
peace, and for the first moments of war, till regulars may
relieve them: the supremacy of the civil over the military
authority--economy in the public expense, that labor may be
lightly burdened: the honest payment of our debts, and
sacred preservation of the public faith: encouragement of
agriculture, and of commerce as its handmaid: the diffusion
of information, and arraignment of all abuses at the bar of
the public reason: freedom of religion, freedom of the
press, and freedom of person, under the protection of the
habeas corpus; and trial by juries impartially selected.
These principles form the bright constellation which has
gone before us, and guided our steps through an age of
revolution and reformation. The wisdom of our sages, and
blood of our heroes, have been devoted to their attainment:
they should be the creed of our political faith; the text
of civic instruction; the touchstone by which to try the
services of those we trust; and should we wander from them
in moments of error or of alarm, let us hasten to retrace
our steps, and to regain the road which alone leads to
peace, liberty, and safety.

I repair then, fellow-citizens, to the post you have
assigned me. With experience enough in subordinate offices
to have seen the difficulties of this, the greatest of all,
I have learnt to expect that it will rarely fall to the lot
of imperfect man to retire from this station with the
reputation and the favor which bring him into it. Without
pretensions to that high confidence you reposed in our
first and greatest revolutionary character, whose
pre-eminent services had entitled him to the first place in
his country's love, and destined for him the fairest page
in the volume of faithful history, I ask so much
confidence only as may give firmness and effect to the
legal administration of your affairs. I shall often go
wrong through defect of judgment. When right, I shall often
be thought wrong by those whose positions will not command
a view of the whole ground. I ask your indulgence for my
own errors, which will never be intentional; and your
support against the errors of others, who may condemn what
they would not, if seen in all its parts. The approbation
implied by your suffrage is a great consolation to me for
the past; and my future solicitude will be, to retain the
good opinion of those who have bestowed it in advance, to
conciliate that of others by doing them all the good in my
power, and to be instrumental to the happiness and freedom
of all.

Relying then on the patronage of your good will, I advance
with obedience to the work, ready to retire from it
whenever you become sensible how much better choices it is
in your power to make. And may that Infinite Power which
rules the destinies of the universe lead our councils to
what is best, and give them a favorable issue for your
peace and prosperity.

The oath of office was then administered to him by the Chief Justice of the United States. After which the PRESIDENT OF THE UNITED STATES retired.

The Senate then adjourned till to-morrow.

THURSDAY, March 5.

WILLIAM HINDMAN, appointed a Senator by the State of Maryland, produced his credentials, and the oath of office was administered to him by the VICE PRESIDENT.

_Ordered_, That Messrs. NICHOLAS and BALDWIN be a committee to wait on the PRESIDENT OF THE UNITED STATES and notify him that the Senate is assembled and ready to receive any communications which he may be pleased to make to them.

The VICE PRESIDENT communicated a letter from RAY GREENE, a Senator from the State of Rhode Island, resigning his seat; which was read.

_Resolved_, That the VICE PRESIDENT be requested to notify to the Executive of the State of Rhode Island, that RAY GREENE hath resigned his seat in the Senate.

Mr. NICHOLAS reported, from the committee, that they had waited on the PRESIDENT OF THE UNITED STATES and that he had informed the committee that he would immediately lay a Message before the Senate. The Message was received, containing nominations to fill Executive offices; which, after being considered,

_Ordered_, That Messrs. NICHOLAS and BALDWIN be a committee to wait on the PRESIDENT OF THE UNITED STATES, and notify him, that, unless he has any further communication to make, the Senate are ready to adjourn.

Mr. NICHOLAS reported, from the committee, that they had waited on the PRESIDENT OF THE UNITED STATES, and that he had informed them that he had no further communications to make to the Senate.

Whereupon, the VICE PRESIDENT adjourned the Senate without day.

PROCEEDINGS IN THE SENATE,

IN SECRET SESSION, WHICH TOOK PLACE ON THE RATIFICATION OF THE CONVENTION WITH THE FRENCH REPUBLIC

TUESDAY, December 16, 1800.

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

_Gentlemen of the Senate_:

I transmit to the Senate, for their consideration and
decision, a convention, both in English and French, between
the United States of America and the French Republic,
signed at Paris, on the thirtieth day of September last, by
the respective Plenipotentiaries of the two Powers. I also
transmit to the Senate, three manuscript volumes,
containing the journal of our Envoys.

JOHN ADAMS.

UNITED STATES, _Dec. 15, 1800_.

The Message and convention were read; and after progress in reading the other papers accompanying the Message,

_Ordered_, That the further reading thereof be postponed.

FRIDAY, December 19.

The Senate proceeded to consider the motion, made yesterday, that the PRESIDENT OF THE UNITED STATES be requested to lay before the Senate the instructions given to our late Commissioners to the French Republic; which, being amended, was adopted, as follows:

_Resolved_, That the PRESIDENT OF THE UNITED STATES be requested to lay before the Senate the instructions given to our late Envoys Extraordinary and Ministers Plenipotentiary to the French Republic.

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

MONDAY, December 22.

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

_Gentlemen of the Senate_:

In conformity with your request, in your resolution of the
19th of this month, I transmit you the instructions given
to our late Envoys Extraordinary and Ministers
Plenipotentiary to the French Republic.

It is my request to the Senate that these instructions may
be considered in strict confidence, and returned to me as
soon as the Senate shall have made all the use of them they
may judge necessary.

JOHN ADAMS.

UNITED STATES, _Dec. 22, 1800_.

On motion,

_Resolved_, That all confidential communications made by
the PRESIDENT OF THE UNITED STATES to the Senate, shall be,
by the members thereof, kept inviolably secret; and that
all treaties which may hereafter be laid before the Senate,
shall also be kept secret, until the Senate shall, by their
resolution, take off the injunction of secrecy.

THURSDAY, January 8, 1801.

The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France.

And the second article having been debated, a question was moved thereon, to wit: "Will the Senate advise and consent to the ratification of this article?"