United States. Congress.

Abridgment of the Debates of Congress, from 1789 to 1856 : from Gales and Seaton's Annals of Congress, from their Register of debates, and from the official reported debates by John C. Rives online

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Online LibraryUnited States. CongressAbridgment of the Debates of Congress, from 1789 to 1856 : from Gales and Seaton's Annals of Congress, from their Register of debates, and from the official reported debates by John C. Rives → online text (page 104 of 188)
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" serre," in third line, and uuert '* in the €k>nrt8 of
the United States, shnll be designated hj lot, or other-
wise, in each State or district lespediyely, according
to tiie mode of forming juries, to serve in the highest
eonrts of law therein, now practised ; so far as the
same shall render snch designation practicable by the
Coortsand Marshals of the United States."

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

" Summoned or procnred in each State respect-
irelj, according to the mode directed and prescribed
by the laws of each State respectively, so far as snch
laws shall render the same practicable hy the Courts
or Marshals of the United States ; and where the
State mode cannot be nsed in the Courts of the Unit-
ed States, the Marshal attending snch Courts shall,
every day the Court sits, summon a sufficient num-
ber of persons to attend the Court that day, that out
of them may be impannelled sufficient juries for the
trial of all causes (except cases puxdshable with
death) depending in such Courts ; and if any person
ao summoned s^dl fail to attend the Court accord-
faigly, he shaU be fined eight dollars^ to the use of
the United Stotee:**

A ^vision of the motion waa called for, and
the question was taken on striking out, which
passed in the negaUve— yeas 9, nays 16, as fol-
lows:

Teas. — ^Messrs. Anderson, Bloodworth, Brown,
Cocke, Frankhn, Langdon, Marshall, Mason, and
Nicholas.

Natb. — ^Messrs. Bbg^am, Dayton, Dexter, Foster,
Goodhue, Greene, Gtmn, Hillhouse, Howard, Lati-
mer, livermore, Bead, Ross, Schureman, Tracy, and
Wells.

And it was agreed, that the bill pass to the
third reading aa amended.*

Wedctsdat, May 14.

The Yicn Pbbsidknt having, by letter, inti-
mated his denre to be excused from further
attendance, as it would probably be the last day
of the session, the Senate proceeded to the
choice of a President pro tempore, as the con*
atitution proyides, ana Ubiah Tract was duly
elected.

MatMppi SloM Act.

The bill entitled '^ An act to permit, in ceiv
tain cases, the bringing of slaves into the Mis-
risrippi Territory," was read the third lime.
On the question to agree to the final passage
thereof^ it passed in the negative— yeaa 0, nays
li, as follows :

Tius.~Mes8rB. Anderson, Cooke, Marshall, Pinbk-
ney, and Bead.



* Tb^ WIS tbeionoiis Judidsiy sot, psssedin the Isst days
cf Mr. Adams* artmhristratioa, sad inereaslng the number of
ftderal Judges, which gave so maoh dlssattsbetion at the
time, snd which wis repealed la the beginning of Mr. Jef-
fenoa*s sdmtnistrttton.



Nats. — ^Messrs. Baldwin, Bingham, Bloodworth,
Brown, Dayton, Foster, Franklin, Greene, Hillhouse,
Laurance, Livermore, Mason, Morris, and Ross.

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

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

Beaoked, That they adhere to their amend-
ment

Mr. Ross, from the committee on the bill
making grants of lands to the inhabitants of
y inoennes, and Illinois country, reported the bill
without amendment, and it was agreed to post-
pone l^e bin to the next session oi Congress.

Adjoumment,

A message from the House of Representatives
informed t£e Senate that they have appointed
a committee on their part, with such as the Sen-
ate may Join, to wait on the Pbssidknt of the
Unttbd mtatbs and notify him that, unless he
hath any further communications to make to
the two Houses of Confess, they are ready to
adjourn ; and they desire the appointment of a
committee on the part of the Senate^

The Senate agreed to the resolution of the
House of Representatives appointing a com-
mittee, Jointly with such as the Senate may ap*
point, to wait on the Pbbsii>ent of TnE United
States, and notify him of the proposed adjourn-
ment of the two Houses of Congress ; and it was
ordered that Messrs. Butgham and Wells be
the committee on the part of the Senate.

li&. BiKOHAH reported, fh)m the joint com-
mittee last mentioned, that the Pbesidbstt of
THE United States had no further communica-
tion to make to Congress at this time than
Ms best wishes for their safe return to their
respective places of abode.

On motion that it be

Ruolvtd^ That the Pbbbideiit of tbe UansD
States be requested to instruct the proper law offi-
cer to commence and cany on a prosecution against
WUUam Duane, editor of die newspaper called the
Aurora, for certain false, defamatory, scandalous, and
malicious publications, in the said newmper, on the
19th of Februaiy last past^ tending to defame the Sen-
ate of the United States, and to bring them into con-
tempt and disrepute, and to excite against them the
hatrad of the good people of the United States :

It passed in the affirmative— yeas 18, nays 4,
as follows :

Tkas.-— Messrs. Bingham, Dayton, Foster, Greene,
Ghmn, Latimer, Laurance, Livermore, Morris^ Bead,
Ross, Tracy, and Wells.

XAva— Messrs. Bk>odworth, Brown, Cocke, Frank-
Un.

Ordered, That the Secretary lav an attested
copy dT the forcing resolution before the Pbe-
sident of the United States.

BeeoUed, That the thanks of the Senate of



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ASBIDGMENT OF THE



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the United States be presented to the Oommis-
noners of tiie city and oonntj of Philadelphia,
for the convenient and elegant accommodations
fhmished by them for the use of the Senate,
during the residence of the National Govern-
ment in the city ; and that the President of



the Senate be requested to convey this reso-
lution in a letter to the said Ck>mmissioner8.

The Pbbsident, agreeably to the joint reaolo*
tion of the 12th instant, adjourned the Senate,
to meet again on the third Monday of Kovem*
her next, as the law provides.



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DEBATES OF CONGBESS.



429



Hmn m nm, 1799.]



[H. OF B.



SIXTH CONGRESS-FIRST SESSION.



PBOCEEPINGS AND DEBATES



THE HOUSE OF KEPRESENTATIVE8.



MoBDAT, December 2, 1799.

This being the oonstitntional da^r for the
anniiBl meeting of Oongreea, the following mem-
bers of the House of Representatives appeared,
produced their credentials, and took their seats,
viz:

From JTew HcmpBhire, — Abiel Fobteb, Jona-
than Fbbbman, and William Gobdon.

From Massachusetts. — Bailbt Babtlxtt,
Phantjel Bishop, Dwioht Fostbb, Harbison
G. 0ns, Silas Lee, Saicuel Lyhan, John
Beed, Sajotel Sewaix, Theodore Sedgwiok,
William Shepabd, Geobge Thatcher, Joseph
B. Vabnum, Peleg Wadbworth, and Lemuel

WiLUAMS.

JProm (%mn«0ti0tt^— Jonathan Bbaob, Samuel
W. Dana, John Davenport, William Edmond,
Ghaunoet Goodrich, Elizub Goodrioh, and
BooER Griswold.

FromBhode Island.-^oms Brown, and Chris-
topher G. Ohamplin.

Ih'om Vermont — ^Matthew Lton, and Lewis
B. Morris.

From New Tarh. — ^Thbodorus Bailet, John
Bird, William Cooper, Lucas Elmendorph,
Hknbt Glenn, Edward Livinoston, Jonas
Platt, John Thompson, and Phuip Van Cort-

XiANDT.

From New Jersey, — John Condit, Franklin
Davenport, James H. Imlat, Aaron Eitchsll,
and Jambs Linn.

From Permsyhania. — ^Robert Brown, An-
drew Greoo^ Aisert Gallatin, John A.
Hanna, Joseph Heister, John Wilkes Kittera,
Michael Leib, PbtebMuhlenbebo,JohnSmilib,
BicHARD Thomas, Bobsrt Waln, and Henry
"Woods.

From Maryland, — Gsorob Babb, ^William
Obaik, Gabbibl Cbbistie, Geobob Dent,
Joseph H. Nicholson, Samuel Smith, and
John Chew Thomas.

From Virginia. — John Dawson, Thomas
Syans, David Holmbs, Geobob Jackson, John
Mabahau,, John Nicholas, Anthony Nbw,
IjBven Powell, John Randolph, Abbam Tbigo,
and John Tsiea.



From North Carolina. — ^Willis Alston,
Joseph Dickson, Archibald Hbndebson, Wil-
liam H. Hill, Nathaniel Macon, Richabd
Stanpobd, and David Stone.

From South Carolina.— Bovkbt Goodlob
Habpeb, Abbaham Nott, John Rutledgb, Jr.,
and Thomas Sumteb.

From Georgia.-^ AXES Jones, Benjamin Tal-

lAFEBRO.

From Tennessee, — ^Wiluam Chables Cole
Glaibornb.

A qnoram of the whole number of members
being present, the House proceeded to the elec-
tion of a Speaker ; when, on counting tlie bal-
lots, the tellers reported liiat Mr. Sedgwick had
42 votes; Mr. Macon, 27 ; Mr. Dent, 18 ; Ab*.
Rutledgb, 2 ; Mr. Sumteb, 1.

That the whole number of votes was 85, aad
the rules of the House requiring a mq'oritj of
the members present to constitute a dioice,
nather of the above gentlemen were elected.

The House then proceeded to a second trial ;
when Mr. Sedgwick had 44 votes ; Mr. Macon,
88 ; Mr. Dent, 8 ; Mr. Rutledgb, 1.

Whereupon Mr. Sedgwick was declared duly
elected, and conducted to the chair aocordinglj.

Mr. Sedgwick, upon taking the chair, ad-
dressed the House in the following words :

^ GismiJEMEEr : Althongh I am oonsoiouB of a ae-
fidency of the talents which- are desirable to ^a-
chaige with useMness and dignity the important
dnties of the high station to wmch I am raised, by
the generons n^ard of the enlightened and virtnons
representatiyes of my coontrv, yet, reposing myself
on the energy of their candid support, I will not
shrink from the attempt

" Accept, I pray yoo, gentlemen, my grateinl ac-
knowledgment of the honor you are pleased to con-
fer; and, with it, an assurance, that no consideration
shall sednoe me to deviate, in the least degree, from
a direct line of impartial integrity."

A message was received from the Senate, in-
forming the House that, a suffident number of
members appearing to form a quorum, they had
proceeded to the choice of a President pro
tempore^ when Hon. Samuel Livebmobe was
elected.



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[DBCEMBnt, 1799.



The House proceeded to the choice of a Olerk ;
when it ^peared Jonathan "W. Oondt had
47 voteS) John Bboklby, 89.

Whereupon Mr. Condt was declared h^ the
Speaker to be duly elected.

Ordered^ That a message be sent to the Senate,
to inform that body of the election of the Hon.
Theodobe Sedowiok, as Speasieb of the House
of Representatives.

On motion of Mr. Macon, the House proceed-
ed to the choice of a Sergeantrat-Arma, Door-
keeper, and Asdstant Doorkeeper; when Jo-
seph Wheaton, Thomas Olaxton, and Thoicas
DtrNV, were unanimously elected.

The oath to support the Oonstitntlon of the
United Stat^ as' prescribed by the act^ entitled
'' An act to regulate the time and manner of
administering certain oaths,*' was administered
by Mr. Kutledoe, one of the Representatives
for the State of South Oarolina. to the Speakbb,
and then the same oath or afiormation was ad*
ministered by Mr. Speaker to each of the mem-
bers present

William Henbt Habbibon having a]so ap-
peared, as a Representative for the territory of
the United States north-west of the river Ohio,
the said oath was administered to him by Mr.
Speaker.

The same affirmation, together with the
affirmation of office prescribed by the said re-
cited act, were also aoministeredby Mr. Speak-
SB to the Clerk.

A message was received from the Senate, in-
forming the House, that they had passed a reso-
lution, appointing a joint committee to wait on
the Pbesident of the Ustfed States, and in-
form him that Oongresshad met and were readv
to receive any communications he might think
proper to make ; and, in case of concurrence,
that Messrs. Read and Bikqham were appoint-
ed a committee on behalf of the Senate.

The House concurred in the resolution, and
Messrs. Marshalt., Rctledoe, and Sewall,
were appointed to wait on the President, in
conjunction with the committee from the Senate.

The following letter was read by the Speakeb.

72 Welbbck-Sthebt, LoimoN,
September 20, 1798.

Sm: I beg leave, through yon, to ofibr to the
Honae of Represontativ^s cf the United States, im-
pruaioDS of the two prints of tiie American Revola-
tion, which I have lately caused to be pablished.*

The importance of tiie events, and the iUastrioiu
characters of the two great men to whose memoiy
thev are particulariy devoted, ^ve to these works
&eir best claim to yoor notice ; and the patriotism
of my Gouitrymen, I trost, will sive Uiem a Idnder
reoeptioo than their intrinaio ment might entitle me
to hope.

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

JNO. TRUMBULL.
The Sfeakeb of the Souse o/^ps. U. &

« The prints referred to by Mr. Trambnll, in Us letter to
the BpMker of the House of Bepresentatives. sre, first, s
represontstton of the BAttlo of Qaebec, and death lA General



Be»olMd^ That the mles and orders of pro-
ceeding established by the late Honse of Repre-
sentatives, shall be deemed and taken to be the
rules and orders of proceeding to be observed
in this House, until a revision or alteration of
the same shall take place.

Be9oU€dy That each member be fhmished with
three newspapers, printed in this city, dming
the session, at the expense of this Honse.

Mr. AfABSHALL, from the joint committee ap-
pointed to wait on the Pbesidbht of thb Ubi-
TED States, reported, that they had performed
that service; and that the Pbesidbht had ap-
pointed to-morrow forenoon, 12 o'clock, to
meet both Houses in the Representatives' Cham-
ber.

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

TuBSDAT, December 8.
Jambs A. Batabd^ from Delaware, appeared
produced his credentisls, was qualified, and took
his seat in the House.

JPreMmfi Speech.

Ordered^ That a message be sent to the Sen-
ate to inform them that this House is now ready
to attend them in receiving the communication
from the PBBsroBNT of thb Unttbd Statbb,
agreeably to his notification to both Houses
yesterday.

The Senate attended and took seats in the
House; when, both Houses being assembled, the
Pbesident of thb Ukitbd Statbs came into
the Representatives' Ohamber, and addressed
them as follows. (For the Speech, see Senate
proceedings, ante,)

The Pbesident of thb Unhbd States theo
withdrew and the two Houses separated.

A copy of the Speech being delivered by the
Presidbnt to the Sfbakbb, and read by the
Olerk, it was ordered, that it be committed to
a Oommittee of the wnole House to^norrow.



Wednesday, December 4.
Mr. IiviNGSTOir said he conceived some notioe
ought to be taken of the letter received firom
Mr. Tbuhbull, and therefore moved that it be
referred to a select committee. Agreed to^
and Messrs. Livingston, Tauafbbbo, and Hiu,
were appointed.

The Fresident'e JSjpeeeh.

The House went into a Oommittee of the
Whole on the Pbesidbnt's Speech, Mr. Rut-
ledge in the chair. The Speech luiving been
read,

Mr. Marshall moved the following resolu-
tion, which was agreed to by the conounittee,
viz:

Retolvedy That it is tiie opinion of this committeey
that a respeotfnl Address ought to be presented Ijy



Montgomery; second, the B«tUe of Broker** HID— iHrth
elegant engravings. They are placed on the rig^t and left
of the Speaker's chair, and are highly omameAtal to the
Bepresentattres* Chamber.



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DEBATES OF CONGRESS.



481



DaaonsBy 1799.]



Addreti Ike Pretideni.



[H. OF R.



the Home of RepreaentativeB to the President of Ihe
United Statei, in answer to his Speech to both Honses
of Congress, on the opening of the present session,
containing assoranees that this Hovse vill dnij at-
tend to the important objects recommended by hhn
to their consideration.

The committee rose, and the resolution hav-
ing been agreed to by the House, Messrs. Mab-
BHALL, Rtttlbdox, Sewall, Liyinoston^ and
Nicholas, were f^pointed a committee to
draft tlie Addreee.



Fbidat, December 6.

Mr. Mabshaix, from the committee appoint-
ed to draft an Address in answer to the Speech
of the Fkesidkst ov thk United States, at
the commencement of the present session, re-
ported the same, which was committed to a
Gommittee of the Whole on Monday next, and
ordered to be printed.

Mr. LiyiNosTOF, from the committee to whom
was referred the letter of Mr. Trumbull, report-
ed the following resolution, which was adopted
by the House:

** BeaoLvedy That the two elegant prints oflbred by
Mr. Trmnbnll, be accepted ; and that the Speaker
be instructed to write an answer, expressive of the
pleasure with which this Hoose has observed his
genina and talents exerted in the patriotic task of
celebrating the events which led to his country's
independence, and dedicated to the memoiy of those
heroes who fell in its defence."



MoNBAT, December 9.
JoBiAH Pabkeb and Robbbt Page, firomVir-
(^nia, appeared, produced their credentials, were
qualified, and took theur seats.

Addreu to the Frendent
The House resolved itself into a Oommittee
of the IVhole, on the Address to be presented
to the Pbesidbnt of the United States in an-
swer to his Speech to both Houses, at the com-
mencement of the present sesuon.

Mr. Gbeoo moved, that the words distin-
guished by italics, in the third and fourth lines
of the second paragraph of the Address, be
struck out, and that the words ^* act in '' be in-
serted in their stead ; which produced a short
debate, and was finally negatived.

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

7btk€Prendentqfihe United Statet:

Snt : While the Hoose of Representatives contem-
plate the flattering prospects of abundance from the
laboTB of the people, by land and by sea, the prosper-
ity of oar extended commerce, notwithstanding the
intermptions occasioned by the belligerent state of a
great part of the world, the retam ^ health, indus-
try and trade, to those cities which have lately been
afflicted with disease, and the various and inesti-
mable advantages, civU and religious, which, secured
under onr happy fbune of Gh>vemment, are continued



to us unimpaued, we cannot fail to ofier up to the be-
nevolent Deity onr sincere thanks for these the meroi-
ful dispensations of his protecting Providence.

That any portion of the people of America should
permit themselves, amid such numerous blessings, to
be eedueed by the arte and mUrqjreeentations of design-'
ing meninto an open resistance of a law of the United
States, cannot be heard without deep and serious re-
gret Under a constitution where the public burdens
can only be imposed by the people themselves, for
their own benefit, and to promote their own objects,
a hope might well have been indulged that the gene-
ral interest would have been too w3l understood, and
the general welfare too highly prized, to have pro-
duced in any of onr citizens a disposition to hazard
BO much felicity, by the criminal effort of a part, to
oppose with lawless violence the will of the' whole.
While we lament that depravity which could produce
a defiance of the civil authority, and render indispen-
sable the aid of the militaiy force of the nataon, real
consolation is to be derived from the promptness and
fidelity with which that aid was afforded. That zea-
lous and active co-operation with the judicial power,
of the volunteers and militia called into service, which
has restored order and submission to the laws, is a
pleasing evidence of the attachment of Cfix fellow-
citizens to their own free Government, and of the
truly patriotic alacrity with which they will sup-
port it

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

Highly approving, as we do, the pacific and hu-
mane policy whi<£ has been invariably professed
and sincerely pursued by the Executive authority of
the United States, a policy which our best interests
enjoined and of which honor has permitted the ob-
servance, we consider as the most unequivocal proof of
your infiexible perseverance in the same well chosen
system, your preparation to meet the first indications
on the part of the French Republic, of a disposition
to accommodate the existing differences between the
two countries, by a nomination of Ministers on cer-
tain conditions, which the honor of our country un-
questionably dictated, and which its moderation had
oertainly.^ven it a right to prescribe. When the
assurances thus required of the French Government,
previous to the departure of our Envoys, had been
given through their Minister of Foreign Relations,
the direction that they should proceed on their mis-
sion, was, on your part, a completion of the measure,
and manifests the sincerity with which it was com-
menced. We ofier up our fervent prayers to the Su-
preme Ruler of tiie Universe for the success of their
embassy, and that it may be productive of peace and
happiness to our common country. The unifozm
tenor of your conduct, through a Ufe useful to your
fellow-citizens and honorable to yourself, gives a
sure pledge of the sincerity with which the avowed
objects of the negotiation will be pursued on your part^
and we earnestly pray that similar dispositions may
be displayed on the part of France. The differences
which umortonately subsist between the two nations,
cannot fail, in that event, to be happily terminated.
To produce this end, to all so desirable, firmness,
moderation, and union at home, constitute, we are
persuaded, the surest means. The character of the
gentlemen you have deputed, and still more, the
character of the Government which deputes tixein,



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ABBIDOMENT OF THE



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[DBcacKBKB, 1799.



am lafe pledges to tlieir conntiy, that nothing in-
compatible with its honor or interest, nothing inoon-
dstent with our obligations of good faith or friend-
ship to any other nation, will be stipulated.

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

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

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

With you, sir, we deem the present period critical
and momentous. The important changes which are
occurring, the new and great events which are evezy
hour preparing in the political world, the spirit of
war which is prevalent in almost eveir nation with
whose affairs tiie interests of the United States have
any connection, demonstrate how unsafe and preca-
rious would be our situation, should we neglect tiie
means of maintaining our just rights. Reapecting,
as we have ever done, the rights of others, Amerioa
estimates too correctiy the value of her own, and has
received evidence too complete that they are only
to be preserved by her own vigilance, evar to permit
herself to be seduced by a love of ease, or by other



Online LibraryUnited States. CongressAbridgment of the Debates of Congress, from 1789 to 1856 : from Gales and Seaton's Annals of Congress, from their Register of debates, and from the official reported debates by John C. Rives → online text (page 104 of 188)