Chapter M: X. again called upon us. He said M. Talleyrand was (11)

And the yeas and nays being taken, are as follows--yeas 11, nays 16:

YEAS.--Messrs. Baldwin, Bloodworth, Brown, Cocke, T.
Foster, Franklin, Greene, Langdon, S. T. Mason, Nicholas,
and Paine.

NAYS.--Messrs. Armstrong, Chipman, Dayton, D. Foster, Gunn,
Hillhouse, Hindman, Howard, Latimer, Livermore, J. Mason,
Morris, Read, Schureman, Tracy, and Wells.

So it passed in the negative.

And the third article being under consideration, a question was moved and put, "Will the Senate advise and consent to the ratification of this article?"

And the yeas and nays being taken, are as follows--yeas 12, nays 15:

YEAS.--Messrs. Armstrong, Baldwin, Bloodworth, Brown,
Cocke, T. Foster, Franklin, Greene, Gunn, Langdon, S. T.
Mason, and Nicholas.

NAYS.--Messrs. Chipman, Dayton, D. Foster, Hillhouse,
Hindman, Howard, Latimer, Livermore, J. Mason, Morris,
Paine, Read, Schureman, Tracy, and Wells.

So it passed in the negative.

The Senate proceeded in the consideration of the convention, so far as the fourteenth article; and, after debate,

_Ordered_, That the further consideration thereof be postponed.

FRIDAY, January 9.

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

On motion, to advise and consent to the adoption of an additional article, to wit:

"It is further agreed, between the said contracting
parties, that nothing in this treaty contained, shall be
construed or operate contrary to former and existing
treaties with other States or sovereigns."

And, on the question, "Will the Senate advise and consent to the adoption of this article?" it passed unanimously in the affirmative--yeas 27, as follows:

YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, Dayton, D. Foster, Franklin, Greene,
Gunn, Hillhouse, Hindman, Howard, Langdon, Latimer,
Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine,
Read, Schureman, Tracy, and Wells.

On motion, to advise and consent to the adoption of the following additional article, to wit:

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

And, after debate,

_Ordered_, That the further consideration thereof be postponed.

MONDAY, January 12.

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

The motion made on the 9th instant, being amended as follows:

The present convention shall be in full force until two
years, to be computed from the day of the signature of the
preliminary or other articles of peace, which shall
conclude the war in which the French nation is now engaged,
or for a term not exceeding ---- years, to be computed from
the time of the exchange of the ratifications, whichever
event shall first happen.

On the question, "Will the Senate advise and consent to the
adoption of this article?" it was determined in the
affirmative--yeas 25, nay 1, as follows:

YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D.
Foster, Franklin, Greene, Hillhouse, Hindman, Howard,
Latimer, Livermore, Morris, Nicholas, Paine, Read,
Schureman, Tracy, and Wells.

NAY.--Mr. Langdon.

THURSDAY, January 15.

The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France: Whereupon,

The VICE PRESIDENT reported to the House, that the Senate, as in a Committee of the Whole, had had under their consideration the convention, and had gone through the same, and had agreed to sundry modifications, which he proceeded to state to the House, and again to put questions thereon, severally, for confirmation, as follows:

On the question, whether the Senate would advise and consent to the ratification of the second article of the convention? it passed in the negative--yeas 10, nays 15, as follows:

YEAS.--Messrs. Anderson, Baldwin, Bloodworth, Cocke, T.
Foster, Franklin, Langdon, Marshall, Nicholas, and Paine.

NAYS.--Messrs. Bingham, Chipman, Dayton, D. Foster,
Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris,
Read, Ross, Schureman, Tracy, and Wells.

On the question whether the Senate would advise and consent to the ratification of the third article of the convention? a motion was made to amend the article, by adding to the end thereof, these words, "or paid for." Whereupon,

A motion was made to amend the amendment by adding thereto the following words: "And so likewise, the merchant ships and vessels which have been taken, and definitively condemned on the one part and the other, shall be restored or paid for."

On the question to agree to the amendment to the amendment, it passed in the negative--yeas 8, nays 20, as follows:

YEAS.--Messrs. D. Foster, Hillhouse, Howard, Latimer,
Livermore, Read, Tracy, and Wells.

NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster,
Franklin, Langdon, Marshall, S. T. Mason, J. Mason, Morris,
Nicholas, Paine, Ross, and Schureman.

So the amendment to the amendment was lost.

On the question to agree to the original amendment, to wit: to add the words "or paid for;" it passed in the negative--yeas 7, nays 21, as follows:

YEAS.--Messrs. Anderson, Armstrong, Brown, Baldwin, Cocke,
S. T. Mason, and Nicholas.

NAYS.--Messrs. Bingham, Bloodworth, Chipman, Dayton, T.
Foster, D. Foster, Franklin, Hillhouse, Howard, Langdon,
Latimer, Livermore, Marshall, J. Mason, Morris, Paine,
Read, Ross, Schureman, Tracy, and Wells.

So the amendment was lost.

On the question, whether the Senate would advise and consent to the ratification of the third article? it passed in the negative--yeas 13, nays 16, as follows:

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

NAYS.--Messrs. Bingham, Chipman, Dayton, D. Foster,
Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris,
Paine, Read, Ross, Schureman, Tracy, and Wells.

On the question, whether the Senate would advise and consent to the adoption of the first additional article, agreed to as in Committee of the Whole, on the 9th instant? it passed unanimously in the affirmative--yeas 28, as follows:

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

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

YEAS.--Messrs. Baldwin, Bloodworth, Brown, Cocke, T.
Foster, Franklin, Langdon, S. T. Mason, and Nicholas.

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

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

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

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

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

YEAS.--Messrs. Livermore, Paine, Read, and Tracy.

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

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

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

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

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

NAY.--Mr. Livermore.

_Ordered_, That Mr. MORRIS, Mr. NICHOLAS, and Mr. DAYTON, be a committee to reduce the several votes on this treaty into the form of a ratification.

WEDNESDAY, January 21.

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

_Gentlemen of the Senate_:

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

The reasoning in the letter of our late Envoys to France is
so fully supported by the writers on the law of nations,
particularly by Vattel, as well as by his great masters,
Grotius and Puffendorf, that nothing is left to be desired
to settle the point, that if there be a collision between
two treaties, made with two different powers, the more
ancient has the advantage; for no engagement contrary to it
can be entered into in the treaty afterwards made; and if
this last be found, in any case, incompatible with the more
ancient one, its execution is considered as impossible,
because the person promising had not the power of acting
contrary to his antecedent engagement. Although our right
is very clear to negotiate treaties according to our own
ideas of right and justice, honor and good faith, yet it
must always be a satisfaction to know that the judgment of
other nations with whom we have connection, coincides with
ours, and that we have no reason to apprehend that any
disagreeable questions and discussions are likely to arise.
The letters from Mr. King will, therefore, be read by the
Senate, with particular satisfaction.

The inconveniences to public officers and the mischiefs to
the public, arising from the publication of the despatches
of Ministers abroad, are so numerous, and so obvious, that
I request of the Senate that these papers, especially the
letters from Mr. King, be considered in close confidence.

JOHN ADAMS.

UNITED STATES, _Jan. 21, 1801_.

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

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

YEAS.--Messrs. Bingham, Hillhouse, Read, Ross, Tracy, and
Wells.

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

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

FRIDAY, January 23.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And, on the question on the third division, to wit: Whether that part shall stand which restrains it from operating against former treaties? it passed in the negative, two-thirds of the Senators present not agreeing thereto--yeas 17, nays 13, as follows:

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

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

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

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

NAYS.--Messrs. Baldwin, Brown, T. Foster, Marshall, S. T.
Mason, and Nicholas.

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

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

NAYS.--Messrs. Bingham, Dayton, D. Foster, Hillhouse,
Hindman, Howard, Latimer, J. Mason, Morris, Read, Ross,
Schureman, Tracy, and Wells.

TUESDAY, February 3.

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

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

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

And, on the question to agree to this part of the report, it passed in the affirmative--yeas 30, nay 1, as follows:

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

NAY.--Mr. Marshall.

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

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

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

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

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

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

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

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

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

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

NAYS.--Messrs. Bingham, D. Foster, Hillhouse, J. Mason,
Morris, Read, Ross, Tracy, and Wells.

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

FRIDAY, February 20.

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

_Gentlemen of the Senate_:

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

JOHN ADAMS.

UNITED STATES, _Feb. 20, 1801_.

The Message was read: Whereupon,

_Ordered_, That the papers specified in the Message of the PRESIDENT OF THE UNITED STATES, of this day, be returned to him.

SIXTH CONGRESS.--SECOND SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, November 17, 1800.

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

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

_From Massachusetts._--WILLIAM SHEPARD, JNO. READ, JOSEPH B. VARNUM, THEODORE SEDGWICK, (_Speaker_,) PELEG WADSWORTH, SILAS LEE, and LEMUEL WILLIAMS.

_From Connecticut._--JOHN DAVENPORT.

_From New York._--JOHN SMITH, PHILIP VAN CORTLANDT, JONAS PLATT, HENRY GLEN, JOHN THOMPSON, and THEODORUS BAILEY.

_From Pennsylvania._--MICHAEL LEIB, RICHARD THOMAS, JOSEPH HEISTER, ROBERT BROWN, PETER MUHLENBERG, HENRY WOODS, and JOHN SMILIE.

_From Maryland._--GEORGE DENT, GEO. BAER, WILLIAM CRAIK, GABRIEL CHRISTIE, JOHN C. THOMAS, and JOSEPH H. NICHOLSON.

_From Virginia._--LEVEN POWELL, JOHN NICHOLAS, ROBERT PAGE, JOHN DAWSON, ANTHONY NEW, GEORGE JACKSON, and DAVID HOLMES.

_From North Carolina._--NATHANIEL MACON, RICHARD STANFORD, and WILLIS ALSTON.

_From South Carolina._--THOMAS SUMTER, and BENJAMIN HUGER.

_From Tennessee._--WILLIAM C. C. CLAIBORNE.

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

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

Mr. MACON thought such a step premature. He was of opinion that no inconvenience would arise from delaying to administer the oath until a House was formed, and he thought great caution should attend an innovation opposed to all precedent.

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

The SPEAKER replied that it had not.

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

The SPEAKER waived the question.

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

TUESDAY, November 18.

Several other members, to wit: from Connecticut, ELIZUR GOODRICH, WILLIAM EDMOND, and ROGER GRISWOLD; from New York, WILLIAM COOPER and LUCAS ELMENDORPH; from New Jersey, JAMES H. IMLAY and FRANKLIN DAVENPORT; from Pennsylvania, ROBERT WALN; from Maryland, SAMUEL SMITH; from Virginia, HENRY LEE, THOMAS EVANS, and JOHN TRIGG; from North Carolina, RICHARD DOBBS SPAIGHT, and JOSEPH DICKSON; and from Georgia, BENJAMIN TALIAFERRO, appeared and took their seats in the House.

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

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

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

WEDNESDAY, November 19.

Several other members, to wit: from Vermont, LEWIS R. MORRIS, and from Virginia, JOSIAH PARKER and JOHN RANDOLPH, appeared, and took their seats in the House.

THURSDAY, November 20.

Two other members, to wit: from Virginia, ABRAM TRIGG, and from Pennsylvania, ANDREW GREGG, appeared, and took their seats in the House.

FRIDAY, November 21.

Several other members, to wit, from Massachusetts, GEORGE THATCHER; from New Jersey, JOHN CONDIT, AARON KITCHELL, and JAMES LINN; from Pennsylvania, JOHN A. HANNA; and from South Carolina, ROBERT GOODLOE HARPER, appeared, and took their seats in the House.

A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business, and that, in the absence of the VICE PRESIDENT, they have elected the Hon. JOHN HOWARD, President of the Senate, _pro tempore_.

_Resolved_, That Mr. GRISWOLD, Mr. SAMUEL SMITH, and Mr. CRAIK, be a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them.

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

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

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

SATURDAY, November 22.

Two other members, to wit: from North Carolina, ARCHIBALD HENDERSON; and from Virginia, EDWIN GRAY, appeared, and took their seats in the House.

_President's Speech._

A message from the Senate informed the House that the Senate are now ready, in the Senate Chamber, to attend this House in receiving the communication from the PRESIDENT OF THE UNITED STATES, agreeably to his notification to both Houses yesterday.

Mr. SPEAKER, attended by the members of this House, then withdrew to the Senate Chamber, for the purpose stated in the Senate's message; and, being returned, Mr. SPEAKER laid before the House a copy of the speech delivered by the PRESIDENT OF THE UNITED STATES to both Houses of Congress, in the Senate Chamber. [See Senate proceedings of this date, _ante_, page 482.]

_Ordered_, That the said speech be committed to a Committee of the whole House immediately.

The House, accordingly, resolved itself into the said committee; and, after some time spent therein, Mr. SPEAKER resumed the chair, and Mr. HARPER reported that the committee had had the said speech under consideration, and come to a resolution thereupon; which was twice read, and agreed to by the House, as follows:

_Resolved_, That it is the opinion of this committee that a
respectful address ought to be presented by the House of
Representatives to the PRESIDENT OF THE UNITED STATES, in
answer to his speech to both Houses of Congress, at the
commencement of the present session, containing assurances
that this House will duly attend to the important objects
recommended by him to their consideration.

_Ordered_, That Mr. GRISWOLD, Mr. MACON, Mr. CRAIK, Mr. HENDERSON, and Mr. NICHOLAS, be appointed a committee to prepare an address, pursuant to the said resolution.

_Ordered_, That the Speech of the PRESIDENT OF THE UNITED STATES be committed to the Committee of the whole House on the state of the Union.

And then the House adjourned.

MONDAY, November 24.

Several other members, to wit: from Massachusetts, HARRISON G. OTIS, and PHANUEL BISHOP; from Virginia, MATTHEW CLAY; and from North Carolina, DAVID STONE, appeared, and took their seats in the House.

WILLIAM M'MILLAN, returned to serve as a Representative for the Territory of the United States north-west of the Ohio, in the room of William Henry Harrison, who has resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House.

TUESDAY, November 25.

Another member, to wit, JOHN WILKES KITTERA, from Pennsylvania, appeared, was qualified, and took his seat in the House.

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

WEDNESDAY, November 26.

A new member, to wit, LYTTLETON W. TAZEWELL, returned to serve as a member of the House for the State of Virginia, in the room of John Marshall, who has resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House.

_Address to the President._

The House went into a Committee of the Whole on the reply to the PRESIDENT'S Speech, which was read by paragraphs, and reported to the House without any amendments, as follows:

To JOHN ADAMS, _President of the United States_:

SIR: The House of Representatives have received with great
respect the communication which you have been pleased to
make to the two Houses of Congress, at the commencement of
the present session.

The final establishment of the seat of National Government
which has now taken place within the District of Columbia,
is an event of no small importance in the political
transactions of our country: and we cordially unite our
wishes with yours, that this territory may be the residence
of happiness and virtue.

Nor can we, on this occasion, omit to express a hope, that
the spirit which animated the great founder of this city,
may descend to future generations, and that the wisdom,
magnanimity, and steadiness, which marked the events of his
public life, may be imitated in all succeeding ages.

A consideration of those powers which have been vested in
Congress over the District of Columbia will not escape our
attention; nor shall we forget that, in exercising these
powers, a regard must be had to those events which will
necessarily attend the Capital of America.

The cheerfulness and regularity with which the officers and
soldiers of the temporary army have returned to the
condition of private citizens, is a testimony clear and
conclusive of the purity of those motives which induced
them to engage in the public service; and will remain a
proof, on all future occasions, that an army of soldiers
drawn from the citizens of our country, deserve our
confidence and respect.

No subject can be more important than that of the
Judiciary, which you have again recommended to our
consideration, and it shall receive our early and
deliberate attention.

The Constitution of the United States having confided the
management of our foreign negotiations to the control of
the Executive power, we cheerfully submit to its decisions
on this important subject. And in respect to the
negotiations now pending with France, we sincerely hope
that the final result may prove as fortunate to our
country, as the most ardent mind can wish.

So long as a predatory war is carried on against our
commerce, we should sacrifice the interests and disappoint
the expectations of our constituents, should we, for a
moment, relax that system of maritime defence, which has
resulted in such beneficial effects. At this period, it is
confidently believed that few persons can be found within
the United States, who do not admit that a Navy, well
organized, must constitute the natural and efficient
defence of this country against all foreign hostility.

The progress which has been made in the manufacture of
arms, leaves no doubt that the public patronage has already
placed this country beyond all necessary dependence on
foreign markets for an article so indispensable for
defence; and gives us assurances that, under the
encouragement which government will continue to extend to
this important object, we shall soon rival foreign
countries, not only in the number, but in the quality of
arms completed from our own manufactories.

Few events could have been more pleasing to our
constituents, than that great and rapid increase of revenue
which has arisen from permanent taxes. Whilst this event
explains the great and increasing resources of our country,
it carries along with it a proof which cannot be resisted,
that those measures of maritime defence which were
calculated to meet our enemy upon the ocean, and which have
produced such extensive protection to our commerce, were
founded in wisdom and policy. The mind must, in our
opinion, be insensible to the plainest truths, which cannot
discern the elevated ground on which this policy has placed
our country. That national spirit, which alone could
vindicate our common rights, has been roused, and those
latent energies, which had not been fully known, were
unfolded and brought into view, and our fellow-citizens
were prepared to meet every event which national honor or
national security could render necessary. Nor have its
effects been much less important in other respects.

Whilst many of the nations of the earth have been
impoverished and depopulated by internal commotions and
national contests, our internal peace has not been
materially impaired; our commerce has extended, under the
protection of our infant Navy, to every part of the globe;
wealth has flowed without intermission into our seaports,
and the labors of the husbandman have been rewarded by a
ready market for the productions of the soil.

Be assured, sir, that the various, and important subjects
recommended to our consideration, shall receive our early
and deliberate attention; and, confident of your
co-operation in every measure which may be calculated to
promote the general interests, we shall endeavor, on our
part, to testify, by our industry and despatch, the zeal
and sincerity with which we regard the public good.

The report of the committee was immediately taken up, and, on the question to agree to the Address,

Mr. NICHOLAS rose and observed that he regretted the introduction of political matter, calculated to produce discord and division. He was averse to the House spending time in propounding political theories, as no good, but much mischief, might flow from such a procedure. Had no other topics or sentiments been alluded to than those contained in the President's Speech, there would have been much less division in the House than was to be expected from the insertion of extraneous ideas. He had no intention, however, to enter into a detail of the objections he entertained to the Address. For the reasons he had assigned, and others which he felt, he thought the style of the Address not only unnecessary, but worse than useless. He concluded by desiring the yeas and nays to be taken.

The question, being taken, was carried in the affirmative--yeas 36, nays 32, as follows:

YEAS.--Bailey Bartlett, William Cooper, Wm. Craik, John
Davenport, Franklin Davenport, George Dent, Joseph Dickson,
William Edmond, Thomas Evans, Abiel Foster, Jonathan
Freeman, Elizur Goodrich, Roger Griswold, Archibald
Henderson, Benjamin Huger, Jas. H. Imlay, Henry Lee, Silas
Lee, James Linn, Lewis R. Morris, Harrison G. Otis, Robert
Page, Josiah Parker, Jonas Platt, Leven Powell, John Read,
Nathan Read, Wm. Shepard, John C. Smith, Richard Dobbs
Spaight, George Thatcher, Richard Thomas, Peleg Wadsworth,
Robert Waln, Lemuel Williams, and Henry Woods.

NAYS.--Phanuel Bishop, Robert Brown, Gabriel Christie,
Matthew Clay, William C. C. Claiborne, John Condit, John
Dawson, Lucas Elmendorph, Edwin Gray, Andrew Gregg, John A.
Hanna, Joseph Heister, David Holmes, George Jackson, Aaron
Kitchell, Michael Leib, Nathaniel Macon, Peter Muhlenberg,
Anthony New, John Nicholas, John Randolph, John Smilie,
John Smith, Richard Stanford, David Stone, Thomas Sumter,
Benjamin Taliaferro, John Thompson, Abram Trigg, John
Trigg, Philip Van Cortlandt, and Jos. B. Varnum.

_Resolved_, That Mr. SPEAKER, attended by the House, do present the said Address; and that Mr. GRISWOLD, Mr. MACON, and Mr. CRAIK, be a committee to wait on the PRESIDENT to know when and where it will be convenient for him to receive the same.

_Credentials of Members._

Mr. DENT, from the Committee of Elections, to whom were referred the certificates and other credentials of the members returned to serve in this House, made a report, in part, which was read as follows:

"That they have examined the credentials of several
members, claiming seats in the House, in consequence of
resignations which have taken place, and find that, by the
certificate of the Governor of Massachusetts, dated the
eleventh day of November, eighteen hundred, under the seal
of the State, Nathan Read (of Danvers) is duly elected, in
the place of Samuel Sewall; that by the certificate of the
Governor of Connecticut, bearing date twentieth day of
October, eighteen hundred, with the seal of the State
annexed, John Cotton Smith is duly elected, in the place of
Jonathan Brace; and that, by the certificate of the Deputy
Sheriff of Henrico, the Sheriff of Hanover, the Sheriff of
New Kent, the Deputy Sheriff of Charles City, and the
Sheriff of James City Counties, composing one entire
district in the Commonwealth of Virginia, under their
respective seals, Lyttleton Waller Tazewell is duly
elected, in the place of John Marshall.[58]

"The committee also find, by an authenticated certificate
signed by the Speaker of the House of Representatives, and
the President of the Legislative Council of the Territory
north-west of the river Ohio, dated the seventh day of
November, eighteen hundred, that Wm. McMillan is duly
elected to represent the said Territory, in the place of
William Henry Harrison.

"Whereupon, the committee are of opinion that Nathan Read,
(of Danvers,) John Cotton Smith, and Lyttleton Waller
Tazewell, are entitled to take their seats in the House in
the place of Samuel Sewall, Jonathan Brace, and John
Marshall, who have resigned; and that William McMillan is
entitled to take his seat therein, with the right of
debating, but not of voting, in the place of William Henry
Harrison, who has resigned."

_Ordered_, That the said report do lie on the table.

THURSDAY, November 27.

Another member, to wit, JOHN BIRD, from New York, appeared, and took his seat in the House.

_Answer to the Address._

The SPEAKER, attended by the House, then withdrew to the house of the PRESIDENT OF THE UNITED STATES, and there presented to him the Address of this House in answer to his Speech to both Houses of Congress; to which the PRESIDENT made the following reply:

_Mr. Speaker, and Gentlemen of the House of
Representatives_:

Compelled by the habits of a long life, as well as by all
the principles of society and government which I could ever
understand and believe, to consider the great body of the
people as the source of all legitimate authority, no less
than all efficient power, it is impossible for me to
receive this Address from the immediate Representatives of
the American people, at this time, and in this place,
without emotions which it would be improper to express, if
any language could convey them.

May the spirit which animated the great founder of this
city descend to future generations; and may the wisdom,
magnanimity, and steadiness, which marked the events of his
public life, be imitated in all succeeding ages.

I thank you, gentlemen, for your assurance that the
Judiciary System shall receive your deliberate attention.

With you, gentlemen, I sincerely hope that the final result
of the negotiations now pending with France, may prove as
fortunate to our country, as they have been commenced with
sincerity, and prosecuted with deliberation and caution.
With you, I cordially agree, that so long as a predatory
war is carried on against our commerce, we should sacrifice
the interests and disappoint the expectations of our
constituents, should we for a moment relax that system of
maritime defence, which has resulted in such beneficial
effects. With you, I confidently believe that few persons
can be found within the United States, who do not admit
that a Navy, well organized, must constitute the natural
and efficient defence of this country, against all foreign
hostility.

Those who recollect the distress and danger to this
country, in former periods, from the want of arms, must
exult in the assurance, from their Representatives, that we
shall soon rival foreign countries, not only in the number,
but in the quality of arms, completed from our own
manufactories.

With you, gentlemen, I fully agree, that the great increase
of revenue is a proof that the measures of maritime defence
were founded in wisdom. This policy has raised us in the
esteem of foreign nations. That national spirit and those
latent energies which had not been and are not yet fully
known to any, were not entirely forgotten by those who had
lived long enough to see, in former times, their operation,
and some of their effects. Our fellow-citizens were
undoubtedly prepared to meet every event which national
honor or national security could render necessary. These,
it is to be hoped, are secured at the cheapest and easiest
rate: if not, they will be secured at more expense.

I thank you, gentlemen, for your assurance that the various
subjects recommended to your consideration, shall receive
your deliberate attention. No further evidence is wanting
to convince me of the zeal and sincerity with which the
House of Representatives regard the public good.

I pray you, gentlemen, to accept of my best wishes for your
health and happiness.

JOHN ADAMS.

WASHINGTON, _Nov. 27, 1800_.

The members then returned to their Chamber.

A message from the Senate informed the House that the Senate have proceeded to the appointment of a Chaplain to Congress, on their part, and the Right Reverend Bishop CLAGETT has been duly elected.

The House proceeded, by ballot, to the appointment of a Chaplain to Congress on the part of this House; and upon examining the ballots, a majority of the votes of the whole House was found in favor of the Reverend THOMAS LYELL.

FRIDAY, November 28.

Another member, to wit, ABRAHAM NOTT, from South Carolina, appeared, and took his seat in the House.

MONDAY, December 1.

Several other members, to wit: from Maryland, JOHN DENNIS; from Virginia, JOSEPH EGGLESTON; from North Carolina, WILLIAM H. HILL; and from Georgia, JAMES JONES, appeared, and took their seats in the House.

TUESDAY, December 2.

The SPEAKER laid before the House a letter from the Secretary of the Navy, accompanying a report of the Commissioners of the fund for navy pensions and half-pay, pursuant to the act for the better government of the Navy of the United States; which was read, and ordered to lie on the table.

Mr. LEE, from the committee appointed for that purpose, reported a bill for erecting a Mausoleum to GEORGE WASHINGTON, which was read twice and referred to a Committee of the Whole to-morrow.

The bill directs that the mausoleum shall be of marble, to be erected in the City of Washington, under the superintendence of the four Secretaries.

_Trade with the Indians._

Mr. CLAIBORNE stated that during the last session a committee was appointed to inquire into the state of the trade, authorized by law, with the Indian nations. That committee had reported unfavorably to the trade. But desirous of maturing with deliberation a new plan before the old one was supplanted, they had reported a bill for continuing the existing system for one year. The bill had passed the House of Representatives unanimously, but had been postponed by the Senate to this session.

For his own part, he was altogether unfavorable to the trade; for he believed that it answered no good purpose in relation to the Indians, while it was a loss to the United States.[59] It was, however, proper that some Legislative provision should be made immediately. The old law regulating the officers who had the superintendence of the trade, had expired, and they were of consequence under no legal control.

He, therefore, moved the appointment of a committee, to inquire into the expediency of carrying on any further trade on a capital furnished by the United States, to report by bill or otherwise; which motion being read a second time, was agreed to, and a committee of three appointed.

THURSDAY, December 4.

Another member, to wit, SAMUEL GOODE, from Virginia, appeared, and took his seat in the House.

The SPEAKER informed the House that the Chaplains had proposed, if agreeable to the House, to hold Divine service every Sunday in their Chamber.

_Reporting the Debates._

Mr. HILL presented a memorial from Samuel Harrison Smith and Thomas Carpenter, representing that they had undertaken to report the debates of the House; that, contrary to their expectation--on the suggestion of inconvenience to the members--they had not received permission to occupy a situation within the bar, without which they were unable to state with fidelity the proceedings and debates; and praying the permission of the House to be admitted within the bar.

As soon as the memorial was read, the SPEAKER rose and observed, that feeling himself responsible to the House for the faithful discharge of the duties attached to his situation, he thought it proper to state the line of conduct he had pursued in this business. He stated that he was applied to by letter on the first day of the session, by Mr. Stewart, requesting permission to occupy a place within the bar; that he immediately took the request into consideration; that, in the mean time, similar requests were made by other individuals; that, on observing the structure of the room and the arrangement of the furniture, it at once appeared to him inconsistent with the dignity of the House or the convenience of the members to grant the permission asked; that the area was too small to afford the necessary accommodation; that the position considered as the least inconvenient to the House was within the window-frames; that, in his opinion, this position would not be agreeable to the stenographers, as the view of the members on the opposite side of the House from either window would be obstructed; that, if a position was assigned in any other part of the House, the stenographers would be between the chair and some of the members, which would render the preservation of order impossible; that he had stated these reasons, and informed the applicants that, if agreeable to them, he would assign a place in the gallery, which should be set apart for their exclusive use; and that he considered that to be the most eligible position. He concluded by repeating, that it was, in his opinion, absolutely impossible to preserve the dignity of the House and to maintain the convenience of the members, if the requested permission were given. Such was his first, his invariable opinion--it was unaltered--it was still the same.

Mr. NICHOLAS said, that the members of the House must feel a common interest in having the debates taken with fidelity. If the debates were taken, they ought to be taken with precision. Those who took them should not be debarred from the best means of hearing with accuracy. For his part he could not discern the inconvenience alleged to exist. The desk, which it was necessary to admit within the bar, would not project beyond the window-frame; and as to the remark of the Speaker respecting the inconvenience of such a position to the stenographers, it was easily obviated by the consideration, that any inaccuracy which might occur in the report of the individual who took them on one side of the chair, would be checked by the reporter situated on the other side.

He thought the desire of the memorialists ought not to be passed over lightly. They had a right to the best place the House could assign. He moved the reference of the memorial to a select committee.

Mr. HILL observed that as the memorial contained no facts that required the investigation of a committee, and as the House possessed all the information that could guide their decision, he did not discern the propriety of the proposed reference. He had prepared a resolution, which, if the motion for a reference were withdrawn, he would offer.

Mr. NICHOLAS immediately withdrew his motion. Mr. HILL then proposed a resolution substantially to this effect: that Mr. SPEAKER be requested to assign places within the bar for the stenographers.

Mr. OTIS was sorry the gentleman from Virginia had withdrawn his motion to refer the memorial to a select committee, as he thought the subject required examination before a decision was made. There appeared to him much weight in the ideas of the Speaker. Grant, for the sake of argument, that four persons may be accommodated at the windows. Might there not be other applications? Was any gentleman prepared to say how many would be made? If the permission were once granted to one, would it not be necessary to extend it to all? Would the House suffer any individual to have an exclusive benefit whereby a stamp of authenticity would be fixed on his statements.

This business, in one shape or other, had often been before the House, and all conversation respecting it had always issued in leaving it to the regulation of the Speaker. This appeared to him the best termination it could receive.

From the attention he had paid to the debates reported this session, he believed them to be better and more accurately taken, than they had been on former occasions. This to him was a proof that the present situation of the stenographers was a good one. He acknowledged, at the same time, that the ability with which the debates were taken entitled those who took them to the best accommodation the House could afford. He concluded with renewing the motion for a reference to a select committee.

Mr. NICHOLAS replied, that no debate had taken place which could test the accuracy of the stenographers. From his own experience he pronounced the situation at present occupied utterly inconvenient. What he had some days since remarked had been misstated. He well knew that this did not arise from the inability of the reporter to state correctly what occurred. He knew him to be intelligent, and fully capable of conceiving and conveying the meaning of any remarks which could be made in that House. But it arose from his situation, from which it was impossible to hear distinctly.

He declared the objections of Mr. OTIS, in relation to the number of applicants, perfectly chimerical. Did the gentleman suppose that the number would be so great as to make a demand on their seats? As well might he imagine this, as that they would swell to the ideal compass he had given them. It was known to the House, that at Philadelphia the number was small; seldom more than two, and often not more than one persevered during the session, though a greater number appeared on its earliest days. Fact and experience, therefore, demonstrated the fallacy of the danger apprehended from this source.

The question was then taken on the reference to a select committee, and carried--ayes 42, noes 34.

And a committee of five, viz: Messrs. OTIS, NICHOLAS, PLATT, MORRIS, and HILL, was appointed.

FRIDAY, December 5.

Several members, to wit: from North Carolina, WILLIAM BARRY GROVE; from Kentucky, THOMAS T. DAVIS; and from Rhode Island, CHRISTOPHER G. CHAMPLIN, appeared, and took their seats in the House.

_Mausoleum to Washington._

Mr. H. LEE moved that the House do go into a Committee of the Whole on the bill "directing the erection of a mausoleum to GEORGE WASHINGTON."

On which motion the House divided--yeas 36, nays 34. Mr. MORRIS took the chair.

The Chairman, after reading the bill through, proceeded to read it by paragraphs. The first section is as follows:

"SEC. 1. _Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled_, That a mausoleum of American granite and
marble, in a pyramidal form, one hundred feet square at the
base, and of a proportionate height, shall be erected, in
testimony of the love and gratitude of the citizens of the
United States, to GEORGE WASHINGTON."

Mr. ALSTON moved an amendment to the first section, which was, in substance, "that a monument of marble be erected in the Capitol, at the city of Washington, commemorative of the great events of the military and political life of GEORGE WASHINGTON."

Mr. H. LEE said, that during the last session the House, after a long debate, had declared itself in favor of a mausoleum, and that as no reasons had been assigned for a change of opinion, he hoped they would persevere in the deliberate result of their judgment.

Mr. OTIS was ready to acknowledge himself unacquainted with many of the circumstances embraced by the subject. He therefore wished additional information to that which he had received. His present opinion was, that a mausoleum was preferable to a monument. He acknowledged that, in forming this opinion, he had felt great deference for the judgment of the committee which had recommended it. It was undoubtedly a subject but little understood. The formation of a proper decision depended upon a concurrence of several circumstances--upon a comparison of the expense with the value of the object to be accomplished. Besides this, it had many peculiar features not comprehended by every gentleman. He thought these considerations sufficient to induce the House to decline voting for the amendment, whereby the plan of the committee, who had maturely considered the subject in all its relations, would be frustrated, unless stronger reasons were assigned than he had yet heard.

Mr. NICHOLAS observed, that the bill directed the erection of a mausoleum of certain dimensions, to ascertain the expense of which an estimate had been made. But that estimate was not satisfactory. It was made without information. The sum to be expended was not fixed. It might vastly exceed any sum now contemplated. The mausoleum was to consist of a huge, ugly mass of stones heaped upon one another, to raise which a heavy and useless expense would be incurred. And what was the object? It was to perpetuate the memory of GEORGE WASHINGTON. Was the memory of that great man to be perpetuated by a heap of large inanimate objects? The best way in which his fame could be preserved would be by bringing his ashes from the place where they now lie, by depositing them in the Capitol at the will of the nation, in interring them in such a manner as had never before been done, in placing over them a plain tablet, on which every man could write what his heart dictated. This, and this only was the basis of his fame. It was not to be blazoned by figures or representations of any other sort. It consisted in the undecaying recollection of his virtues. It must live in the national feeling, and this called not for useless expense. Twenty thousand dollars was as competent to its expression as two hundred thousand. He hoped, therefore, the amendment would be adopted, and that the terms which related to military and political achievements would be omitted. He hoped a plain monument would be erected.

His preference of a monument to a mausoleum arose not from any indisposition to celebrate the memory of our American hero. He could say as much in his praise as any man. Neither a committee of Congress nor the four Secretaries, on whom the bill devolved the superintendence, felt more zeal for the character of this great man than he did.