Chapter M: X. again called upon us. He said M. Talleyrand was (15)

_From Kentucky._--John Fowler, and Thomas T. Davis.

_From Tennessee._--William Charles Cole Claiborne.

Mr. SPEAKER, attended by the House, then went into the Senate Chamber, and took seats therein, when both Houses being assembled, Mr. RUTLEDGE and Mr. NICHOLAS, the tellers on the part of this House, together with Mr. WELLS, the teller on the part of the Senate, took seats at a table provided for them, in the front of the President of the Senate.

The PRESIDENT of the Senate, in the presence of both Houses, proceeded to open the certificates of the Electors of the several States, beginning with the State of New Hampshire; and as the votes were read, the tellers on the part of each House, counted and took lists of the same, which being compared, were delivered to the President of the Senate, and are as follows:

---------------+---------+---------+---------+----------+---------+ 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 | ---------------+---------+---------+---------+----------+---------+

_Recapitulation of the Votes of the Electors._

Thomas Jefferson, 73 Aaron Burr, 73 John Adams, 65 Charles Cotesworth Pinckney, 64 John Jay, 1

The PRESIDENT of the Senate, in pursuance of the duty enjoined upon him, announced the state of the votes to both Houses, and declared that THOMAS JEFFERSON of Virginia, and AARON BURR of New York, having the greatest number, and a majority of the votes of all the Electors appointed, and being equal, it remained for the House of Representatives to determine the choice.

The two Houses then separated; and the House of Representatives being returned to their Chamber, proceeded, in the manner prescribed by the constitution, to the choice of a President of the United States, and the following members were appointed tellers of the respective States, to examine ballots of each State, pursuant to the sixth rule adopted by the House on the ninth instant, to wit:

For the State of New Hampshire, Abiel Foster; Massachusetts, Harrison G. Otis; Rhode Island, Christopher G. Champlin; Connecticut, Roger Griswold; Vermont, Lewis R. Morris; New York, Theodorus Bailey; New Jersey, James Linn; Pennsylvania, Albert Gallatin; Delaware, James A. Bayard; Maryland, George Dent; Virginia, Lyttleton W. Tazewell; North Carolina, Nathaniel Macon; South Carolina, Thomas Pinckney; Georgia, Benjamin Taliaferro; Kentucky, John Fowler; Tennessee, William Charles Cole Claiborne.

The members of the respective States then proceeded to ballot, in the manner prescribed by the rule aforesaid, and the tellers appointed by the States, respectively, having put duplicates of their votes into the general ballot boxes prepared for the purpose, the votes contained therein were taken out and counted, and the result being reported to the SPEAKER, he declared to the House that the votes of eight States had been given for THOMAS JEFFERSON, of Virginia; the votes of six States for AARON BURR, of New York; and that the votes of two States were divided.

The constitution of the United States requiring that the votes of nine States should be necessary to constitute a choice of President of the United States, a motion was made and seconded, that the ballot for the President be repeated in one hour; and, the question being taken by States, it passed in the negative.

The States then proceeded, in the manner aforesaid, to a second ballot; and, upon examination of the ballot boxes, it appeared that the votes of eight States had been given for THOMAS JEFFERSON, of Virginia; and the votes of six States for AARON BURR, of New York; and that the votes of two States were divided.

The States then proceeded in like manner to a third ballot; and, upon examination thereof, the result was declared to be the same.

The States then proceeded in like manner to a fourth ballot; and, upon examination thereof, the result was declared to be the same.

The States then proceeded in like manner to a fifth ballot; and, upon examination thereof, the result was declared to be the same.

The States then proceeded in like manner to a sixth ballot; and, upon examination thereof, the result was declared to be the same.

The States then proceeded in like manner to a seventh ballot; and, upon examination thereof, the result was declared to be the same.

A motion was then made and seconded, that the States proceed again to ballot in one hour; and, the question being taken thereupon, it was resolved in the affirmative--the votes of the States being ayes 12, noes 4.

The time agreed upon by the last-mentioned vote being expired, the States proceeded, in manner aforesaid, to the eighth ballot; and, upon examination thereof, the result was declared to be the same, to wit:

The votes of eight States for THOMAS JEFFERSON, of Virginia; the votes of six States for AARON BURR, of New York; and the votes of two States were divided.

The States then proceeded to a ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, and fifteenth ballots; and, upon examination of the ballots, respectively, the result was declared to be the same.

A motion was then made and seconded, that the States proceed again to ballot at ten o'clock; and the question being taken thereupon, it passed in the negative--the votes of the States being ayes 7, noes 9.

_Ordered_, That the next ballot be repeated at nine o'clock, and not before.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the sixteenth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated in one hour.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the seventeenth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at eleven o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the eighteenth ballot; and upon examination thereof, the result was declared to be the same.

A motion was then made and seconded, that the ballot be repeated to-morrow at eleven o'clock and not before.

The question being taken thereupon, it passed in the negative.

_Ordered_, That the ballot be repeated at twelve o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the nineteenth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated in one hour.

FEBRUARY 12, 1 o'clock, A.M.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twentieth ballot; and, upon the examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at two o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-first ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at half after two o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-second ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at four o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-third ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at five o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-fourth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at six o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-fifth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at seven o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-sixth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at eight o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-seventh ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at twelve o'clock, and not before.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-eighth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated to-morrow at eleven o'clock, and not before.

FEBRUARY 13.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the twenty-ninth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated to-morrow at twelve o'clock, and not before.

FEBRUARY 14.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirtieth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at one o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-first ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at two o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-second ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at three o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-third ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated on Monday next at twelve o'clock, and not before.

FEBRUARY 16.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-fourth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated to-morrow at twelve o'clock, and not before.

FEBRUARY 17.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-fifth ballot; and, upon examination thereof, the result was declared to be the same.

_Ordered_, That the ballot be repeated at one o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-sixth ballot; and, upon examination thereof, and the result being reported by the tellers to the SPEAKER, the SPEAKER declared to the House that the votes of ten States had been given for THOMAS JEFFERSON, of Virginia; the votes of four States for AARON BURR, of New York; and that the votes of two States had been given in blank; and, that, consequently, THOMAS JEFFERSON, of Virginia, had been, agreeably to the constitution, elected President of the United States, for the term of four years, commencing on the fourth day of March next.[60]

_Ordered_, That Mr. PINCKNEY, Mr. TAZEWELL, and Mr. BAYARD, be appointed a committee to wait on the PRESIDENT OF THE UNITED STATES, and notify him that THOMAS JEFFERSON is elected President of the United States, for the term commencing on the fourth day of March next.

_Ordered_, That a message be sent to the Senate to inform them that THOMAS JEFFERSON has been duly elected President of the United States, for the term of four years commencing on the fourth day of March next; and that the Clerk of this House do go with the said message.

THURSDAY, February 19.

_State Balances._

Mr. HILL, from the committee appointed to inquire into the expediency of extinguishing the claims of the United States for certain balances which, by the Commissioners appointed to settle the accounts between the United States and the several States, were reported to be due from several of the States to the United States, now made a report, accompanied by a bill to extinguish the claims of the United States, for certain balances reported to be due from several of the States to the United States; which was read, and the consideration of the said report and bill postponed until the third day of March next.

The report is as follows:

The committee appointed to inquire into the expediency of
extinguishing the claims of the United States for certain
balances which, by the Commissioners appointed to settle
the accounts between the United States and the several
States, were reported to be due from several of the States
to the United States, report--

That the Commissioners aforesaid, on the liquidation of the
accounts, reported that there were due from several of the
States certain balances, that is to say:

New York $2,074,846
Pennsylvania 76,709
Delaware 612,428
Maryland 151,430
Virginia 100,879
North Carolina 501,082

That Congress by an act passed the 15th February, 1799,
engaged that any State so reported against might discharge
itself from the claim, by an engagement in the form of a
legislative act, to be passed before the first of April,
1800, to pay at the Treasury of the United States, within
five years, the amount of the sum assumed by the United
States in the debt of such State; or by expending moneys to
the like amount within the time aforesaid in the erection
of fortifications. And the said act of Congress provides
further, that any payment or expenditure aforesaid shall be
credited at the Treasury to the amount of stock which said
payment or expenditure is equal to the purchase of at the
market prices of stock. That the State of New York passed,
within the time limited, the Legislative act required by
the act of Congress aforesaid, and has already received
credit at the Treasury for the sum of $222,810 06, for
having previously expended in fortifications the sum of
$136,533 82. That no other State has acceded to the terms
offered by the said act of Congress.

The committee further report, that, by the immediate
operation of the said act of Congress, and of the
Legislature of the State of New York, that State was
exonerated and released from a very considerable part of
the balance reported, to wit, the sum of $891,129 31, the
balance reported against the State being to that amount
more than the sum subscribed on the assumption of the
United States in the debt of that State, the sum so
subscribed amounts to $1,183,716 69; that the sum of
$891,129 31, exceeds the whole amount of the balance
reported to be due from any one of the States, and the
aggregate amount of the whole of the balances, with the
exception of the balance reported to be due from the State
of Delaware.

The committee, without entering into a discussion of the
principles whereon the settlement of the accounts by the
Commissioners was founded, remark, that as none of the
States but the State of New York have manifested any
disposition to pay the balances reported against them,
whether the terms offered by the said act of Congress
operate favorably or not, and none of them have assented to
the justice or equity of the claim of the United States,
and no means exist of exacting payment, it seems unwise to
keep alive a claim which cannot be enforced, and may have
the effect of producing irritation and exciting discontent;
and as the act of Congress has already released the State
of New York from so large an amount and enabled that State,
with ease and advantage, to discharge the residue of the
balance reported to be due from that State, the committee
are of opinion that a release of the balances due from the
other States is expedient, and for this purpose report a
bill, which is submitted.

SATURDAY, February 21.

_President Elect._

Mr. PINCKNEY, from the committee instructed on the eighteenth instant to wait on the PRESIDENT elect, to notify him of his election, reported that the committee had performed that service, and addressed the PRESIDENT elect in the following words, to wit:

"The committee beg leave to express their wishes for the
prosperity of your Administration; and their sincere desire
that it may promote your own happiness and the welfare of
our country."

To which the PRESIDENT elect was pleased to make the following reply:

"I receive, gentlemen, with profound thankfulness, this
testimony of confidence from the great Representative
Council of our nation: it fills up the measure of that
grateful satisfaction which had already been derived from
the suffrages of my fellow-citizens themselves, designating
me as one of those to whom they were willing to commit this
charge, the most important of all others to them. In
deciding between the candidates, whom their equal vote
presented to your choice, I am sensible that age has been
respected rather than more active and useful
qualifications.

"I know the difficulties of the station to which I am
called, and feel, and acknowledge, my incompetence to them:
But, whatsoever of understanding, whatsoever of diligence,
whatsoever of justice, or of affectionate concern for the
happiness of man, it has pleased Providence to place within
the compass of my faculties, shall be called forth for the
discharge of the duties confided to me, and for procuring
to my fellow-citizens all the benefits which our
constitution has placed under the guardianship of the
General Government.

"Guided by the wisdom and patriotism of those to whom it
belongs to express the Legislative will of the nation, I
will give to that will a faithful execution.

"I pray you, gentlemen, to convey to the honorable body
from which you are deputed, the homage of my humble
acknowledgments, and the sentiments of zeal and fidelity by
which I shall endeavor to merit these proofs of confidence
from the nation, and its representatives; and accept,
yourselves, my particular thanks for the obliging terms in
which you have been pleased to communicate their will.

"THOMAS JEFFERSON.

"FEBRUARY 20, 1801."

_Sedition Act._

The House then went into a Committee of the Whole, on the bill to repeal part of an act, entitled "An act in addition to the act, entitled 'An act for the punishment of certain crimes against the United States,'" and to continue in force the residue of the same.

On the question that the said bill be engrossed for a third reading--

Mr. DAWSON said, when the law which this bill was intended to continue was first passed, I gave to it my dissent; I did it from a conviction on my mind that it does violate that constitution which I have sworn to support, and from a persuasion that the then state of things did not require it: that while it begat an unjust suspicion of the American character, it was a stain on our code of legislation.

If these were my impressions at that time, some reflection since, aided by the productions of men whose names and talents will be long remembered, and a knowledge of the sentiments of the State from which I come, and of the people whom I represent, have confirmed those impressions, and have resolved me to vote against that bill in every shape and in every stage, and I hope that it will not be suffered to be engrossed. Sir, it is well remembered by me, nor can it be forgotten by any gentleman, on what grounds this law was advocated and first passed; it was then supported and pressed upon us as a necessary link in a chain of measures which a majority of the two Houses of Congress thought proper to adopt to meet a particular crisis--to guard against the supposed intrigues of a foreign nation--to give respectability and energy to our Executive--to prevent its falling into disrepute with the people, and to punish factious individuals. The history of the last two years has, I am persuaded, convinced gentlemen how mistaken were their opinions of the American character. With me they must now believe that whatever difference there may be in our political principles, when the safety, freedom, or honor of our country is threatened by a foreign nation, like a band of brothers we will rally round our government, and support it by means which the constitution of our country authorizes, and which the energy of the case may require. How far this law has given respectability or energy to our administration I will not pretend to say; the events of the present day are an ample comment on that point; but, after the experience which we have had, since some of the objects for which it was formed do not exist, and others have not been answered, I did hope that no attempt would have been made to continue it, and that it would have been suffered to expire like its twin-brother, the Alien law. In this hope, however, I have been disappointed; gentlemen have come forward and supported it with a zeal, not uncommon to them on other occasions, and unexpected in the present, when we were taught to believe that they were at least indifferent about it, and new reasons have been assigned for its continuance--formerly it was thought necessary to protect the administration against the people; and now, sir, it is wanted to guard individuals against an administration which may be weak or wicked. Experience has, I am persuaded, convinced gentlemen that it has not answered the first purpose, and I hope they will find it unnecessary for the latter. Into whatever hands the administration of our country may fall, its acts ought to be examined with that freedom which becomes freemen, and with that decency which becomes gentlemen; so long as they are guided by justice and wisdom, they will be supported with decision and firmness by the friends to the administration; whenever they shall descend from these great principles, the voice of the people will again sweep the actors from the political theatre.

This law, sir, has been advocated, because it is said to ameliorate the common law of England, and on this argument much dependence has been placed; however, admitting it to be true, on a moment's reflection it will not be found to merit any consideration; for, sir, let it be remembered that the opponents to this law are also the opponents to the adoption of that law as the law of the United States, and do not think it authorized by the constitution; this is the doctrine which they have uniformly contended for, and which, pardon me if I say, has been established as fully as one point possibly can be; it is not therefore probable, nay, I think it impossible, that they ever should appeal to it to shield them. No, sir, supported by the justice and policy of their measures, I trust they will need the aid of neither the Alien, Sedition, nor Common law.

Sir, it will be unnecessary for me to touch on the unconstitutionality of this law; it has been proven over and over again in this House, and in every part of the continent, and if what has been said and written has not convinced gentlemen, no effect would be produced by any thing which I could say. But, sir, as some of the objects for which the law was first enacted have passed by, and others have not been answered--as the friends to the approaching administration do not wish it for their protection, and the opponents will not need it for theirs, I do hope that those gentlemen who doubt about the constitutionality will vote with us, and that the bill will not be permitted to be engrossed.

The question was then taken, and the engrossment refused, 49 to 53, as follows:

YEAS.--George Baer, Bailey Bartlett, James A. Bayard, John
Brown, Christopher G. Champlin, William Cooper, William
Craik, Samuel W. Dana, John Davenport, Franklin Davenport,
John Dennis, Joseph Dickson, William Edmond, Thomas Evans,
Abiel Foster, Jonathan Freeman, Henry Glenn, Chauncey
Goodrich, Elizur Goodrich, Roger Griswold, William Barry
Grove, Robert Goodloe Harper, Archibald Henderson, William
H. Hill, James H. Imlay, John Wilkes Kittera, Henry Lee,
Silas Lee, Ebenezer Mattoon, Lewis R. Morris, Harrison G.
Otis, Robert Page, Thomas Pinckney, Jonas Platt, Leven
Powell, John Read, Nathan Read, John Rutledge, William
Shepard, John C. Smith, James Sheafe, Samuel Tenney, Geo.
Thatcher, John Chew Thomas, Richard Thomas, Peleg
Wadsworth, Robert Waln, Lemuel Williams, and Henry Woods.

NAYS.--Willis Alston, Theodorus Bailey, Phanuel Bishop,
Robert Brown, Samuel J. Cabell, Gabriel Christie, Matthew
Clay, William C. C. Claiborne, John Condit, Thomas T.
Davis, John Dawson, George Dent, Joseph Eggleston, Lucas
Elmendorph, John Fowler, Albert Gallatin, Samuel Goode,
Edwin Gray, Andrew Gregg, John A. Hanna, Joseph Heister,
David Holmes, Benjamin Huger, George Jackson, Aaron
Kitchell, Michael Leib, Levi Lincoln, Matthew Lyon, James
Linn, Edward Livingston, Nathaniel Macon, Peter Muhlenberg,
Anthony New, John Nicholas, Joseph H. Nicholson, Josiah
Parker, John Randolph, John Smilie, John Smith, Samuel
Smith, Richard Dobbs Spaight, Richard Stanford, David
Stone, Thomas Sumter, John Stewart, Benjamin Taliaferro,
John Thompson, Abram Trigg, John Trigg, Lyttleton W.
Tazewell, Philip Van Cortlandt, Joseph B. Varnum, and
Robert Williams.

WEDNESDAY, February 25.

The House then resolved itself into a Committee of the Whole on the bill providing for a Naval Peace Establishment, and for other purposes; and, after some time spent therein, the Committee rose and reported several amendments thereto; which were read, but, an adjournment being called for, the House adjourned.

FRIDAY, February 27.

_Uniform System of Bankruptcy._

The House proceeded to consider the amendments reported yesterday, from the Committee of the whole House, to the bill to amend and continue in force the act, entitled "An act to establish a uniform system of bankruptcy throughout the United States;" whereupon the amendments reported from the Committee of the whole House were, on the question severally put thereon, agreed to by the House.

The said bill was then further amended at the Clerk's table; and, on the question that the same be engrossed and read the third time, it was resolved in the affirmative--yeas 49, nays 42, as follows:

YEAS.--George Baer, Bailey Bartlett, James A. Bayard, John
Bird, John Brown, Christopher G. Champlin, William Cooper,
William Craik, Samuel W. Dana, John Davenport, Franklin
Davenport, John Dennis, George Dent, Joseph Dickson,
William Edmond, Thomas Evans, Abiel Foster, Jonathan
Freeman, Henry Glenn, Chauncey Goodrich, Elizur Goodrich,
Roger Griswold, Robert Goodloe Harper, Archibald Henderson,
William H. Hill, Benjamin Huger, James H. Imlay, John
Wilkes Kittera, Silas Lee, Edward Livingston, Lewis R.
Morris, Harrison G. Otis, Josiah Parker, Thomas Pinckney,
Jonas Platt, Leven Powell, John Read, Nathan Read, William
Shepard, Samuel Smith, John C. Smith, James Sheafe, Samuel
Tenney, George Thatcher, John Chew Thomas, Peleg Wadsworth,
Robert Waln, Lemuel Williams, and Henry Woods.

NAYS.--Willis Alston, Theodorus Bailey, Phanuel Bishop,
Robert Brown, Samuel J. Cabell, Matthew Clay, William
Charles Cole Claiborne, John Condit, John Dawson, Joseph
Eggleston, John Fowler, Albert Gallatin, Edwin Gray, Andrew
Gregg, John A. Hanna, Joseph Heister, David Holmes, George
Jackson, Aaron Kitchell, Michael Leib, Levi Lincoln,
Matthew Lyon, James Linn, Nathaniel Macon, Peter
Muhlenberg, Anthony New, John Nicholas, Joseph H.
Nicholson, John Randolph, John Smilie, John Smith, Richard
Dobbs Spaight, Richard Stanford, David Stone, Thomas
Sumter, John Stewart, Benjamin Taliaferro, John Thompson,
Abram Trigg, John Trigg, Lyttleton W. Tazewell, and Joseph
B. Varnum.

_Ordered_, That the said bill, with the amendments, be engrossed and read the third time to-morrow.

_Naval Peace Establishment._

An engrossed bill providing for a Naval Peace Establishment, and for other purposes, was read the third time; and, on the question that the same do pass, it was resolved in the affirmative--yeas 69, nays 18.

SATURDAY, February 28.

An engrossed bill to augment the salaries of the District Judges in the districts of Massachusetts, New York, Delaware, and Maryland, respectively, was read the third time, and passed.

Mr. GREGG, from the committee to whom was this day referred the memorial of Thomas Claxton and others, made a report; which he delivered in at the Clerk's table, where the same was twice read and considered; whereupon,

_Resolved_, That Thomas Claxton, James Mathers, and Thomas Dunn, be permitted to occupy, free of rent, until otherwise directed by Congress, the houses now in their respective possession, the property of the United States, in the public square in the City of Washington, on which the Capitol stands; together with a small piece of ground contiguous to each, for a garden, to be enclosed in such manner as not to interfere with any of the public streets or avenues running through the said square.

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

Mr. GRISWOLD, from the committee appointed, presented a bill further to amend the act, entitled "An act for establishing the temporary and permanent seat of the Government of the United States;" which was read twice, and committed to a Committee of the whole House on Monday next.

The House resolved itself into a Committee of the Whole on the bill concerning the Mint; and, after some time spent therein, the committee rose and reported one amendment thereto; which was twice read, and agreed to by the House.

_Ordered_, That the said bill, with the amendment, be engrossed, and read the third time to-day.

_Remonstrance of Georgia._

Mr. DANA, from the committee to whom was referred, on the seventh ultimo, the memorial and remonstrance of the Legislature of the State of Georgia, made a report; which was read, and ordered to be committed to a Committee of the whole House on Monday next.

The report is as follows:

The Committee to whom was referred the Address and
Remonstrance of the Legislature of the State of Georgia,
submit the following Report:

The remonstrance complains of two acts of Congress
respecting the Mississippi Territory; one passed in April,
one thousand seven hundred and ninety-eight, the other in
May, one thousand eight hundred; and prays for their
repeal.

The tract of country called the Mississippi Territory, is
bounded on the west by the River Mississippi, on the east
by the river Appalachicola, or Chatahoochee, on the south
by the Southern boundary of the United States, and on the
north by a line drawn from the confluence of the river
Yazoo with the Mississippi, due east to the before
mentioned river Chatahoochee.

For a view of the claim of the United States to the
territory in question, the committee, in the present
instance, deem it sufficient to refer to a report of the
Attorney General, made to the Senate, at the first session
of the fourth Congress, and to the report of a committee of
the House of Representatives, made at the first session of
the sixth Congress. The last-mentioned report also contains
a summary statement of a variety of individual claims to
land within the territory.

The claim of Georgia is particularly stated in the
remonstrance referred to your committee.

The two acts of Congress, of which the remonstrance
complains, have provided for an adjustment of those claims,
through the agency of Commissioners; and also for the
establishment of a government over the Mississippi
Territory, similar to that established by the ordinance of
Congress, of July one thousand seven hundred and
eighty-seven, for the Territory north-west of the river
Ohio; saving and reserving to the State of Georgia all her
right or claim to the said territory.

Commissioners have accordingly been appointed on the part
of the United States, and also on the part of Georgia, for
negotiating an adjustment of their respective claims. No
report has yet been laid before Congress from the
Commissioners of the United States; but the business of
their commission is understood to be yet pending.

Considering this state of things, the committee deem it
proper for them to abstain from any particular discussion
of the several claims to the Mississippi Territory, while a
hope is cherished that an amicable adjustment may be
ultimately effected. Nor do they think it expedient to
adopt any measure which may be prejudicial to an object so
desirable.

The committee therefore submit the following resolution:

"_Resolved_, That it would not be proper at this time for
the House to take any further order on the Address and
Remonstrance of the Legislature of the State of Georgia."

MONDAY, March 2.

The SPEAKER laid before the House a letter from the President of the United States elect, which was read, and is as follows:

WASHINGTON, _March 2, 1801_.

SIR: I beg leave through you to inform the Honorable the
House of Representatives of the United States, that I shall
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 fourth instant,
at twelve o'clock, in the Senate Chamber.

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

THOMAS JEFFERSON.

HON. THEODORE SEDGWICK, _Speaker of the House of
Representatives_.

_Ordered_, That said letter do lie on the table.

_Mausoleum to Washington._

The House proceeded to consider the amendments proposed by the Senate to the bill entitled "An act to erect a mausoleum for GEORGE WASHINGTON:" Whereupon,

A motion was made and seconded to amend the amendment of the Senate to the first section of the said bill, by striking out, from the tenth line thereof, the word "fifty," for the purpose of inserting, in lieu thereof, the word "one hundred;"

And the question being taken thereupon, it passed in the negative--yeas 34, nays 49.

The said amendments of the Senate were then further amended at the Clerk's table, and, on the question that the House do agree to the said amendments as amended, it was resolved in the affirmative--yeas 46, nays 33, as follows:

YEAS.--Theodorus Bailey, Bailey Bartlett, John Bird,
Phanuel Bishop, Robert Brown, Samuel J. Cabell, Matthew
Clay, William C. C. Claiborne, Samuel W. Dana, John
Davenport, John Dawson, Joseph Eggleston, John Fowler,
Albert Gallatin, Chauncey Goodrich, Andrew Gregg, William
Barry Grove, John A. Hanna, Joseph Heister, David Holmes,
John Wilkes Kittera, Michael Leib, Levi Lincoln, Matthew
Lyon, James Linn, Edward Livingston, Nathaniel Macon, Peter
Muhlenberg, Anthony New, John Nicholas, John Read, Nathan
Read, Wm. Shepard, John Smilie, John Smith, Samuel Smith,
Richard Dobbs Spaight, David Stone, Benjamin Taliaferro,
Samuel Tenney, John Chew Thomas, John Thompson, Abram
Trigg, John Trigg, Joseph B. Varnum, and Peleg Wadsworth.

NAYS.--James A. Bayard, John Brown, Christopher G.
Champlin, Gabriel Christie, William Craik, Franklin
Davenport, John Dennis, Joseph Dickson, William Edmond,
Thomas Evans, Abiel Foster, Henry Glenn, Roger Griswold,
Robert Goodloe Harper, Archibald Henderson, Benjamin Huger,
James H. Imlay, George Jackson, Henry Lee, Silas Lee,
Ebenezer Mattoon, Robert Page, Thomas Pinckney, Jonas
Platt, John Randolph, John C. Smith, Richard Stanford,
Thomas Sumter, James Sheafe, John Stewart, George Thatcher,
Lemuel Williams, and Henry Woods.

TUESDAY, 6 o'clock P. M., March 3.

_Thanks to the Speaker._

Mr. PAGE moved the following resolution:

_Resolved_, That the thanks of the House be presented to
Theodore Sedgwick for his conduct while in the chair of
this House.

The question was taken whether this motion was in order. It was decided to be in order.

The yeas and nays were ordered.

Mr. CHRISTIE said he should not point out the improprieties in the conduct of the Speaker while in the chair, otherwise than by his vote, though he possessed the right to call up to the recollection of the House the many inconsistencies his presidency had been marked with. In doing that, Mr. SPEAKER, I shall behave better to you than you have ever done to me.

The cry of "order!" "order!" prevented any more being said, and Mr. C. sat down.

The yeas and nays were then taken, and resulted--yeas 40, nays 35.

Whereupon Mr. SPEAKER made his acknowledgments to the House in the manner following:

Accept, gentlemen, my thanks, I pray you, for the
respectful terms in which you have been pleased to express
the opinion you entertain of the manner in which I have
discharged the arduous duties of the station to which I was
raised by your kind regard.

Although I am conscious of having intended faithfully to
execute the trust confided to this chair, yet I am sensible
that, whatever success may have attended my endeavors, is
justly attributable to the candid, honorable, and firm
support which you have constantly afforded. I cannot lay
the least claim to merit for any thing that I have done;
because the generous confidence which you had reposed in
me, demanded that I should devote all my feeble talents to
your service.

Being now about to retire from this House, and, as I hope,
from the public councils for ever, permit me, gentlemen, to
bid you, collectively and individually, an affectionate
farewell. It is true that I have long wished to indulge
repose in the shade of private life; but the moment of
separation inflicts an anguish inexpressible by language.
It is a separation from men of dignity of character, of
honorable sentiments, and of disinterested patriotism; an
association with whom has been my pride and solace amidst
all the fatigue and vexation of public life. Of the
friendship of such men, long, uninterrupted and cordial as
it has been, I shall always cherish a grateful remembrance.
May you receive the reward most grateful to generous
spirits, the reward of witnessing, as the effects of your
labors, the increasing prosperity, and happiness, and
glory, of your country.

As the last words which I shall utter, as a public man,
allow me to declare, that those with whom I have had the
honor, here, to act and think, whose confidence I have
enjoyed, whose bosoms have been opened to my inspection, in
my cool and reflected opinion, deserve all of esteem,
affection, and gratitude, which their countrymen can
bestow. On this occasion I deem myself authorized, from the
present circumstances, to make this declaration; and I do
it in the most solemn manner, in the presence of the
assembled Representatives of America; and not only so, but
in the awful presence of that heart-searching Being to
whom I feel myself responsible for all my conduct. May the
Almighty keep you in his holy protection. Farewell.

A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with such committee as may be appointed on the part of this House, to wait on the PRESIDENT OF THE UNITED STATES, and to inform him that Congress is ready to adjourn without day, unless he may have any further communications to make to them.

The House proceeded to consider the foregoing resolution of the Senate, agreed to the same, and appointed Mr. PINCKNEY and Mr. GROVE the committee on the part of this House.

Mr. PINCKNEY, from the joint committee of the two Houses, appointed to notify the PRESIDENT OF THE UNITED STATES of the proposed recess of Congress, reported that the committee had, according to order, performed that service, and that the PRESIDENT signified to them that he had no further communication to make, but the expression of his wishes for the health and happiness of the members, and a pleasant journey on their return to their homes and families.

_Ordered_, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now ready to adjourn without day; and that the Clerk of this House do go with the said message.

The Clerk accordingly went with the said message; and being returned, Mr. SPEAKER adjourned the House, _sine die_.[61]

SEVENTH CONGRESS.--FIRST SESSION.

BEGUN AT THE CITY OF WASHINGTON, DECEMBER 7, 1801.

PRESIDENT OF THE UNITED STATES,--THOMAS JEFFERSON.

LIST OF MEMBERS

SENATORS.

_New Hampshire._--Simeon Olcott, James Sheafe.

_Vermont._--S. R. Bradley, Nathaniel Chipman.

_Massachusetts._--Jonathan Mason.

_Rhode Island._--Christopher Ellery, Theodore Foster.

_Connecticut._--James Hillhouse, Uriah Tracy.

_New York._--John Armstrong, G. Morris.

_New Jersey._--Aaron Ogden, Jonathan Dayton.

_Pennsylvania._--George Logan, Peter Muhlenberg.

_Delaware._--William H. Willes, Samuel White.

_Maryland._--John E. Howard, Robert Wright.

_Virginia._--Stevens T. Mason, Wilson C. Nicholas.

_North Carolina._--Jesse Franklin, David Stone.

_South Carolina._--John C. Calhoun, Jacob Read.

_Georgia._--A. Baldwin, James Jackson.

_Tennessee._--William Cocke, Joseph Anderson.

_Kentucky._--John Breckenridge, John Browne.

REPRESENTATIVES.

_New Hampshire._--Abiel Foster, Joseph Pearce, George B. Upham.

_Vermont._--Lewis R. Morris, Israel Smith.

_Massachusetts._--John Bacon, Phanuel Bishop, Manasseh Cutler, Richard Cutts, William Eustis, Seth Hastings, Silas Lee, Eben Mattoon, Nathan Read, William Shepard, Josiah Smith, Joseph B. Varnum, P. Wadsworth, Lemuel Williams.

_Rhode Island._--Joseph Stanton, Thomas Tillinghast.

_Connecticut._--Samuel W. Dana, John Davenport, Calvin Goddard, Roger Griswold, Elias Perkins, John C. Smith, Benjamin Talmadge.

_New York._--Theodore Bailey, Lucas Elmendorph, E. Livingston, Samuel L. Mitchill, Thomas Morris, John Smith, David Thomas, Philip Van Cortlandt, John P. Van Ness, Killian K. Van Rensselaer, Benjamin Walker.

_New Jersey._--John Condit, Ebenezer Elmer, William Helms, James Mott, Henry Southard.

_Pennsylvania._--Thomas Boude, Robert Brown, Andrew Gregg, John A. Hanna, Joseph Heister, Joseph Hemphill, William Hoge, William Jones, Michael Leib, John Smilie, John Stewart, Isaac Van Horne, Henry Woods.

_Delaware._--James A. Bayard.

_Maryland._--John Archer, John Campbell, John Dennis, Daniel Heister, Joseph H. Nicholson, Thomas Plater, Samuel Smith, Richard Sprigg.

_Virginia._--Richard Brent, Samuel J. Cabell, Thomas Claiborne, John Clopton, John Dawson, William B. Giles, Edwin Gray, David Holmes, John Geo. Jackson, Anthony New, Thomas Newton, John Randolph, John Smith, John Stratton, John Taliaferro, Philip E. Thompson, Abram Trigg, John Trigg.

_North Carolina._--Willis Alston, William B. Grove, Archibald Henderson, William H. Hill, James Holland, Charles Johnston, Nathaniel Macon, Richard Stanford, John Stanley, Robert Williams.

_South Carolina._--William Butler, Benj. Huger, Thomas Lowndes, Thomas Moore, John Rutledge, Thomas Sumter.

_Georgia._--John Milledge, Benjamin Taliaferro.

_Mississippi._--Narsworthy Hunter.

_Tennessee._--William Dickson.

_Kentucky._--Thomas T. Davis, John Fowler.

_Ohio._--Paul Fearing.

PROCEEDINGS IN THE SENATE.

MONDAY, December 7, 1801.

The first session of the Seventh Congress of the United States commenced this day, conformably to the constitution, and the Senate assembled at the Capitol in the City of Washington.

PRESENT:

THEODORE FOSTER, from Rhode Island.

NATHANIEL CHIPMAN, from Vermont.

WILLIAM HILL WELLS and SAMUEL WHITE, from Delaware.

JOHN E. HOWARD, from Maryland.

STEVENS THOMPSON MASON and WILSON CARY NICHOLAS, from Virginia.

ABRAHAM BALDWIN, from Georgia.

JOSEPH ANDERSON and WILLIAM COOKE, from Tennessee.

STEPHEN R. BRADLEY, appointed a Senator by the State of Vermont, for the remainder of the term for which their late Senator, Elijah Paine, was appointed; JOHN BRECKENRIDGE, appointed a Senator by the State of Kentucky; CHRISTOPHER ELLERY, appointed a Senator by the State of Rhode Island, for the remainder of the term for which their late Senator, Ray Greene, was appointed; JAMES JACKSON, appointed a Senator by the State of Georgia; GEORGE LOGAN, appointed a Senator by the Executive of the State of Pennsylvania, in the place of their late Senator, Peter Muhlenberg, resigned; SIMEON OLCOTT, appointed a Senator by the State of New Hampshire, for the remainder of the term for which their late Senator, Samuel Livermore, was appointed; URIAH TRACY, appointed a Senator by the State of Connecticut; and ROBERT WRIGHT, appointed a Senator by the State of Maryland, severally produced their credentials, and took their seats in the Senate.

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

The PRESIDENT administered the oath, as the law prescribes, to Mr. BRADLEY, Mr. BRECKENRIDGE, Mr. ELLERY, Mr. JACKSON, Mr. OLCOTT, Mr. TRACY, and Mr. WRIGHT, and the affirmation to Mr. LOGAN.

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

_Ordered_, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business, and that, in the absence of the VICE PRESIDENT, they have elected ABRAHAM BALDWIN, President of the Senate, _pro tempore_.

A message from the House of Representatives informed the Senate that a quorum of the House is assembled, and have elected NATHANIEL MACON their Speaker, and are ready to proceed to business.

_Ordered_, That Messrs. ANDERSON and JACKSON be a committee on the part of the Senate, together with such committee as the House of Representatives may appoint on their part, to wait on the PRESIDENT OF THE UNITED STATES and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them.

A message from the House of Representatives informed the Senate that the House agree to the resolution of the Senate for the appointment of a joint committee to wait on the PRESIDENT OF THE UNITED STATES, and have appointed a committee on their part.

Mr. ANDERSON reported, from the joint committee, that they had waited on the PRESIDENT OF THE UNITED STATES and acquainted him that a quorum of both Houses is assembled, and that the PRESIDENT OF THE UNITED STATES informed the committee that he would make a communication to them by message to-morrow.

TUESDAY, December 8.

JONATHAN DAYTON and AARON OGDEN, from the State of New Jersey, and JESSE FRANKLIN, from the State of North Carolina, severally attended.

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

_Presidents Message._

The following letter and Message were received from the PRESIDENT OF THE UNITED STATES, by Mr. Lewis, his Secretary:

DECEMBER 8, 1801.

SIR: The circumstances under which we find ourselves at
this place rendering inconvenient the mode heretofore
practised, of making by personal address the first
communications between the Legislative and Executive
branches, I have adopted that by Message, as used on all
subsequent occasions through the session. In doing this I
have had principal regard to the convenience of the
Legislature, to the economy of their time, to their relief
from the embarrassment of immediate answers, on subjects
not yet fully before them, and to the benefits thence
resulting to the public affairs. Trusting that a procedure
founded in these motives will meet their approbation, I beg
leave, through you, sir, to communicate the enclosed
Message, with the documents accompanying it, to the
honorable the Senate, and pray you to accept, for yourself
and them, the homage of my high respect and
consideration.[62]

THOMAS JEFFERSON.

The Hon. the PRESIDENT of the Senate.

_Fellow-citizens of the Senate, and House of
Representatives_:

It is a circumstance of sincere gratification to me that,
on meeting the great council of our nation, I am able to
announce to them, on grounds of reasonable certainty, that
the wars and troubles which for so many years afflicted our
sister nations, have at length come to an end; and that the
communications of peace and commerce are once more opening
among them. Whilst we devoutly return thanks to the
beneficent Being who has been pleased to breathe into them
the spirit of conciliation and forgiveness, we are bound
with peculiar gratitude, to be thankful to him that our own
peace has been preserved through so perilous a season, and
ourselves permitted quietly to cultivate the earth, and to
practise and improve those arts which tend to increase our
comforts. The assurances, indeed, of friendly disposition,
received from all the powers with whom we have principal
relations, had inspired a confidence that our peace with
them would not have been disturbed. But a cessation of
irregularities which had affected the commerce of neutral
nations, and of the irritations and injuries produced by
them, cannot but add to this confidence, and strengthens,
at the same time, the hope that wrongs committed on
unoffending friends, under a pressure of circumstances,
will now be reviewed with candor, and will be considered as
founding just claims of restitution for the past, and new
assurances for the future.

Among our Indian neighbors, also, a spirit of peace and
friendship generally prevails; and I am happy to inform you
that the continued efforts to introduce among them the
implements and the practice of husbandry, and of the
household arts, have not been without success; that they
are becoming more and more sensible of the superiority of
this dependence for clothing and subsistence, over the
precarious resources of hunting and fishing; and already we
are able to announce that, instead of that constant
diminution of their numbers, produced by their wars and
their wants, some of them begin to experience an increase
of population.

To this state of general peace with which we have been
blessed, one only exception exists. Tripoli, the least
considerable of the Barbary States, had come forward with
demands unfounded either in right or in compact, and had
permitted itself to denounce war, on our failure to comply
before a given day. The style of the demands admitted but
one answer. I sent a small squadron of frigates into the
Mediterranean, with assurances to that power of our sincere
desire to remain in peace; but with orders to protect our
commerce against the threatened attack. The measure was
seasonable and salutary. The Bey had already declared war.
His cruisers were out. Two had arrived at Gibraltar. Our
commerce in the Mediterranean was blockaded, and that of
the Atlantic in peril. The arrival of our squadron
dispelled the danger. One of the Tripolitan cruisers,
having fallen in with and engaged the small schooner
Enterprise, commanded by Lieutenant Sterret, which had gone
as a tender to our larger vessels, was captured, after a
heavy slaughter of her men, without the loss of a single
one on our part. The bravery exhibited by our citizens on
that element will, I trust, be a testimony to the world
that it is not the want of that virtue which makes us seek
their peace, but a conscientious desire to direct the
energies of our nation to the multiplication of the human
race, and not to its destruction. Unauthorized by the
constitution, without the sanction of Congress, to go
beyond the line of defence, the vessel, being disabled from
committing further hostilities, was liberated with its
crew. The Legislature will doubtless consider whether, by
authorizing measures of offence also, they will place our
force on an equal footing with that of its adversaries. I
communicate all material information on this subject, that,
in the exercise of this important function confided by the
constitution to the Legislature exclusively, their judgment
may form itself on a knowledge and consideration of every
circumstance of weight.

I wish I could say that our situation with all the other
Barbary States was entirely satisfactory. Discovering that
some delays had taken place in the performance of certain
articles stipulated by us, I thought it my duty, by
immediate measures for fulfilling them, to vindicate to
ourselves the right of considering the effect of departure
from stipulation on their side. From the papers which will
be laid before you, you will be enabled to judge whether
our treaties are regarded by them as fixing at all the
measure of their demands, or, as guarding from the exercise
of force our vessels within their power; and to consider
how far it will be safe and expedient to leave our affairs
with them in their present posture.

I lay before you the result of the census lately taken of
our inhabitants, to a conformity with which we are now to
reduce the ensuing ratio of representation and taxation.
You will perceive that the increase of numbers, during the
last ten years, proceeding in geometrical ratio, promises a
duplication in little more than twenty-two years. We
contemplate this rapid growth, and the prospect it holds up
to us, not with a view to the injuries it may enable us to
do to others in some future day, but to the settlement of
the extensive country still remaining vacant within our
limits, to the multiplication of men susceptible of
happiness, educated in the love of order, habituated to
self-government, and valuing its blessings above all price.