"Where is the power given them to do this? They (Congress) have power to define and punish piracies and felonies committed on the high seas, and offences against the law of nations; but they have no power to define any other crime whatever. This shows how apt gentlemen are to commit mistakes. The powers of the Government are particularly enumerated and defined. They can claim no others but such as are so enumerated. In my opinion, they are excluded as much from the exercise of any other authority, as they could be by the strongest negative clause that could be framed."
Gentlemen, Mr. M. said, might call this a harmless bill; but however harmless it may be, it is a beginning to act upon forbidden ground, and no one can say to what extent it may hereafter be carried. He thought this subject of the liberty of the press was sacred, and ought to be left where the constitution had left it. The States have complete power on the subject, and when Congress legislates, it ought to have confidence in the States, as the States ought also to have confidence in Congress, or our Government is gone. This Government depends upon the State Legislatures for existence. They have only to refuse to elect Senators to Congress, and all is gone. He believed there was nowhere any complaint of a want of proper laws under the State Governments; and though there may not be remedies found for every grievance in the General Government, what it wants of power will be found in the State Governments, and there can be no doubt but that power will be duly exercised when necessity calls for it.
Mr. Livingston said, that notwithstanding the sarcasms which had been thrown out against those who oppose this measure; notwithstanding that kind of accommodating principle which has been set up and reiterated, that the powers of this constitution extend to every possible case—a principle which goes to the destruction of State authorities, and makes that instrument mean any thing or nothing—notwithstanding this, he should again venture to engage the attention of the House while he endeavored to show that this bill is not only contrary to the spirit, but to the direct letter of the constitution.
The constitution declares that "no law shall be passed to abridge the liberty of speech or of the press." Let us inquire, said Mr. L., what was the liberty enjoyed at the time this declaration was agreed to, and see whether citizens will enjoy the same liberty after this law passes that they then enjoyed. Will gentlemen say that the same liberty of writing and speaking did not exist then that now exists? If they will not say this, must they not allow that the constitution is positive in prohibiting any change in this respect? Gentlemen may call this liberty an evil, if they please; if it be an evil, (which he was far from believing,) it is an evil perpetrated by the constitution.
The constitution seems to have contemplated cases which might arise at a future day. It seems to have foreseen that majorities (far be it from him to believe the present majority is of the number) might be actuated by dispositions hostile to the Government; that it might wish to pass laws to suppress the only means by which its corrupt views might be made known to the people, and therefore says, no law shall be passed to abridge the liberty of speech and of the press. This privilege is connected with another dear and valuable privilege—the liberty of conscience. What is liberty of conscience? Gentlemen may to-morrow establish a national religion agreeably to the opinion of a majority of this House, on the ground of a uniformity of worship being more consistent with public happiness than a diversity of worship. The doing of this is not less forbidden than the act which the House are about to do. But, it is said, will you suffer a printer to abuse his fellow-citizens with impunity, ascribing his conduct to the very worst of motives? Is no punishment to be inflicted on such a person? Yes. There is a remedy for offences of this kind in the laws of every State in the Union. Every man's character is protected by law, and every man who shall publish a libel on any part of the Government, is liable to punishment. Not, said Mr. L., by laws which we ourselves have made, but by laws passed by the several States. And is not this most proper? Suppose a libel were written against the President, where is it most probable that such an offence would receive an impartial trial? In a court, the judges of which are appointed by the President, by a jury selected by an officer holding his office at the will of the President? or in a court independent of any influence whatever? The States are as much interested in the preservation of the General Government as we are. We do wrong when we attempt to set up interests independent of the States. They are all desirous of preserving the constitution as it now stands; and it is, therefore, much more probable that justice will be found in a court in which neither of the parties have influence, than in one which is wholly in the power of the President.
The bill was then passed—yeas 44, nays 41, as follows:
Yeas.—John Allen, George Baer, jr., Bailey Bartlett, James A. Bayard, David Brooks, Christopher G. Champlin, John Chapman, James Cochran, Joshua Coit, Samuel W. Dana, William Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glenn, Chauncey Goodrich, William Gordon, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James H. Imlay, John Wilkes Kittera, Samuel Lyman, Harrison G. Otis, Isaac Parker, John Read, John Rutledge, jun., James Schureman, Samuel Sewall, William Shepard, Thomas Sinnickson, Samuel Sitgreaves, Nathaniel Smith, Peleg Sprague, George Thatcher, Richard Thomas, Mark Thompson, Thomas Tillinghast, John E. Van Allen, and Peleg Wadsworth.
Nays.—Abraham Baldwin, David Bard, Lemuel Benton, Thomas Blount, Richard Brent, Stephen Bullock, Dempsey Burges, Thomas Claiborne, William Charles Cole Claiborne, John Clopton, John Dawson, George Dent, John Fowler, Albert Gallatin, James Gillespie, Andrew Gregg, John A. Hanna, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Edward Livingston, Matthew Locke, Matthew Lyon, Nathaniel Macon, William Matthews, Blair McClenachan, Joseph McDowell, Anthony New, John Nicholas, Samuel Smith, William Smith, Richard Sprigg, jun., Richard Stanford, Thomas Sumter, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, and Robert Williams.
The House went into a Committee of the Whole on the bill for encouraging the capture of French armed vessels by armed vessels belonging to citizens of the United States; which was agreed to without debate or amendment, and ordered to be read a third time to-day. It was accordingly immediately read a third time; when
Mr. McDowell said, he hoped this bill would not pass. Congress had already passed laws authorizing public and private armed vessels to attack and take French vessels; but they are now called upon to give a bounty upon the guns that are brought in, according to their size. He was not willing to allow this. It would open a door to innumerable frauds. Plans would be laid between the owners of privateers here and their friends in the West Indies, and vessels and arms would be thrown in their way for the purpose of capture, and in this manner our Treasury would be drained to an extent which no man could at present foresee. He could see no use in the provision, as it would not induce merchant vessels to go in search of French vessels; and, without some unfair play, it would never be worth the while of persons fitting out privateers for the purpose. He called the yeas and nays upon it. They were taken accordingly, and were, yeas 34, nays 36, as follows:
Yeas.—John Allen, Bailey Bartlett, James A. Bayard, David Brooks, Christopher G. Champlin, Joshua Coit, William Craik, Samuel W. Dana, William Edmond, Abiel Foster, Dwight Foster, Henry Glenn, Chauncey Goodrich, William Gordon, Roger Griswold, Robert Goodloe Harper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James H. Imlay, John Wilkes Kittera, Samuel Lyman, Harrison G. Otis, Isaac Parker, John Read, John Rutledge, jun., James Schureman, Samuel Sewall, Thomas Sinnickson, Samuel Sitgreaves, Nathaniel Smith, George Thatcher, Mark Thompson, and John E. Van Allen.
Nays.—David Bard, Thomas Blount, Richard Brent, Dempsey Burges, Thomas Claiborne, William Charles Cole Claiborne, John Clopton, John Dawson, George Dent, Albert Gallatin, James Gillespie, William Barry Grove, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Edward Livingston, Matthew Locke, Matthew Lyon, Nathaniel Macon, Blair McClenachan, Joseph McDowell, Anthony New, John Nicholas, Samuel Smith, William Smith, Richard Sprigg, jr., Richard Stanford, Thomas Sumter, Thomas Tillinghast, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, and Robert Williams.
And so the said bill was rejected.
The hour having arrived, at which the call of the House was to be made, the names of the members were called over, eighty-two members (including the Speaker) appeared in their seats, twenty-three absent, twenty of whom have leave, one sick, and two for whom excuses were made, and received by the House.
Mr. Sitgreaves, called up for decision the resolution he laid on the table yesterday, viz:
Resolved, That a committee be appointed to prepare and bring in a bill for giving a bounty on the capture of French armed ships or vessels, by armed ships or vessels owned by a citizen or citizens of the United States.
The question on the resolution, was then put and negatived—yeas 40, nays 41.
And so the motion was rejected.
Another bill was received from the Senate, to amend the act for suspending the commercial intercourse between the United States and France and her dependencies.
Mr. Nicholas moved to postpone this bill till next session.
Mr. Harper hoped not. This bill, he said, was very different from the one which had been negatived. That proposed to dispense with sureties altogether; this only to lower the amount of the bond. Instead of the owner giving security in a sum equal to the amount of vessel and cargo, and finding two sureties in half the sum, this bill proposes that the owner and master shall be bound in a sum equal to the amount of the value of the vessel, and a surety in from one to ten thousand dollars. To exact a bond equal to the amount of the vessel and cargo in every case, would be very inconvenient. They are sometimes very valuable. There is now, he said, a vessel in this port ready to sail, whose cargo is worth $300,000. To exact from the owner a bond to the full amount, and two sureties in half the sum, would be requiring a very heavy security from them. It would be sufficient, he thought, to require a bond equal to the profit which it is probable would be derived from any voyage.
Mr. S. Smith said, this bill was certainly very different from that which had been rejected by this House, though it did not meet with his approbation at present. It was capable, however, of amendment. The security at present proposed was not worthy of the name. Had he a ship ready to sail such as the gentleman last up had named, he would willingly forfeit the sum proposed, to have the privilege of sending her to a French market. The difference in price between a French and a Hamburg market would make it well worth his while to do so. In many cases, such a voyage would afford 50 per cent. A regulation something like the present could only secure the fair trader; but the surety must be a much larger sum than $10,000.
The committee rose, however, and Mr. Smith renewed his amendment in the House, when it was agreed to, after some objections to it from Mr. Bayard—36 to 28. The bill was then ordered to be read a third time, received its third reading, and passed.
The House having received all the bills from the President, and the business of the two Houses being finished, the Speaker adjourned the House till the first Monday in December next.
The third session of the fifth Congress commenced this day, conformably to the provision of the constitution, and the Senate assembled at the city of Philadelphia, in their Chamber.
PRESENT:
John Langdon and Samuel Livermore, from New Hampshire.
Theodore Foster and Ray Greene, from Rhode Island.
William Bingham, from Pennsylvania.
Humphrey Marshall, from Kentucky.
Jacob Read, from South Carolina.
James Gunn, from Georgia.
Daniel Smith, appointed a Senator by the Executive of the State of Tennessee, in the recess of that Legislature, in place of Andrew Jackson, resigned, took his seat in the Senate.
The members present not being sufficient to form a quorum, the Senate adjourned to 11 o'clock to-morrow morning.
Henry Latimer, from the State of Delaware, attended.
The members present not being sufficient to form a quorum, adjourned.
Benjamin Goodhue, from the State of Massachusetts; Elijah Paine, and Nathaniel Chipman, from the State of Vermont; John Laurance, from the State of New York; and Timothy Bloodworth, from the State of North Carolina, severally attended.
No quorum being present, the Senate adjourned.
Richard Stockton, from the State of New Jersey, and Joseph Anderson, from the State of Tennessee, severally attended.
The Vice President being absent, the Senate proceeded to the election of a President pro tempore, as the constitution provides, and John Laurance was chosen.
The credentials of Daniel Smith, appointed Senator by the Executive of the State of Tennessee, in place of Andrew Jackson, resigned, were read, and the oath was, by the President, administered to him, as the law provides.
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 John Laurance, 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 John Laurance, 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 that they have appointed a joint committee on their part, together with such committee as the Senate may appoint on theirs, 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.
The Senate took into consideration the message from the House of Representatives, and
Resolved, That they do concur therein, and that Messrs. Read and Paine be of the joint committee on the part of the Senate.
The return of service on the summons to William Blount, made by the Sergeant-at-arms, pursuant, to the resolution of the Senate of the first of March last, was read.
Mr. Read reported, from the joint committee appointed for that purpose, that they had waited on the President of the United States, and had notified him that a quorum of the two Houses of Congress were assembled, and the President of the United States acquainted the committee that he would meet the two Houses on Saturday next at 12 o'clock, in the Chamber of the House of Representatives.
James Ross, from the State of Pennsylvania, attended.
A message from the House of Representatives informed the Senate that they are now ready to meet the Senate, in the Chamber of that House, to receive such communications as the President of the United States shall be pleased to make to them. Whereupon,
The Senate repaired to the Chamber of the House of Representatives, for the purpose above expressed.
The Senate then returned to their own Chamber, and a copy of the Speech of the President of the United States, this day addressed to both Houses of Congress, was read. [For which see proceedings in the House of Representatives.]
Ordered, That Messrs. Stockton, Read, and Ross, be a committee to report the draft of an Address to the President of the United States, in answer to his Speech this day to both Houses of Congress, and that the Speech be printed for the use of the Senate.
Uriah Tracy, from the State of Connecticut, attended.
James Watson, appointed a Senator by the Legislature of the State of New York, in place of John S. Hobart, resigned, produced his credentials, which were read, and the oath was, by the President, administered to him, as the law provides.
The Senate resumed the consideration of the report of the committee on the draft of an Address in answer to the Speech of the President of the United States to both Houses of Congress, at the opening of the session; which, being read in paragraphs and amended, was adopted, as follows:
To the President of the United States:
Sir: The Senate of the United States join you in thanks to Almighty God for the removal of the late afflicting dispensations of his Providence, and for the patriotic spirit and general prosperity of our country. Sympathy for the sufferings of our fellow-citizens from disease, and the important interests of the Union, demand of the National Legislature a ready co-operation with the State Governments, in the use of such means as seem best calculated to prevent the return of this fatal calamity.
Although we have sincerely wished that an adjustment of our differences with the republic of France might be effected on safe and honorable terms, yet the information you have given us of the ultimate failure of the negotiations has not surprised us. In the general conduct of that Republic, we have seen a design of universal influence, incompatible with the self-government, and destructive of the independence of other States. In its conduct towards these United States, we have seen a plan of hostility pursued with unremitted constancy—equally disregarding the obligations of treaties, and the rights of individuals. We have seen two embassies formed for the purpose of mutual explanations, and clothed with the most extensive and liberal powers, dismissed without recognition and even without a hearing. The government of France has not only refused to repeal, but has recently enjoined the observance of its former edict, respecting merchandise of British fabric or produce, the property of neutrals, by which the interruption of our lawful commerce, and the spoliation of the property of our citizens, have again received a public sanction. These facts indicate no change of system or disposition—they speak a more intelligible language than professions of solicitude to avoid a rupture, however ardently made. But if, after the repeated proofs we have given of a sincere desire for peace, these professions should be accompanied by insinuations, implicating the integrity with which it has been pursued—if, neglecting and passing by the constitutional and authorized agents of the Government, they are made through the medium of individuals without public character or authority; and, above all, if they carry with them a claim to prescribe the political qualifications of the Minister of the United States to be employed in the negotiation, they are not entitled to attention or consideration, but ought to be regarded as designed to separate the people from their Government, and to bring about by intrigue that which open force could not effect.
We are of opinion with you, sir, that there has nothing yet been discovered in the conduct of France which can justify a relaxation of the means of defence adopted during the last session of Congress, the happy result of which is so strongly and generally marked. If the force by sea and land which the existing laws authorize should be judged inadequate to the public defence, we will perform the indispensable duty of bringing forward such other acts as will effectually call forth the resources and force of our country.
A steady adherence to this wise and manly policy—a proper direction of the noble spirit of patriotism which has arisen in our country, and which ought to be cherished and invigorated by every branch of the Government, will secure our liberty and independence against all open and secret attacks.
We enter on the business of the present session with an anxious solicitude for the public good, and shall bestow that consideration on the several objects pointed out in your communication, which they respectively merit.
Your long and important services—your talents and firmness, so often displayed in the most trying times and most critical situations—afford a sure pledge of a zealous co-operation in every measure necessary to secure us justice and respect.
JOHN LAURANCE,
President of the Senate pro tempore.
Ordered, That the committee who prepared the Address, wait on the President of the United States, and desire him to acquaint the Senate at what time and place it will be most convenient for him that it should be presented.
Mr. Stockton reported, from the committee, that they had waited on the President of the United States, and that he would receive the Address of the Senate to-morrow, at 12 o'clock, at his own house. Whereupon,
Resolved, That the Senate will, to-morrow at 12 o'clock, wait on the President of the United States accordingly.
Agreeably to the resolution of yesterday, the Senate waited on the President of the United States, and the President of the Senate, in their name, presented the Address then agreed on.
To which the President of the United States made the following reply:
To the Senate of the United States:
Gentlemen: I thank you for this Address, so conformable to the spirit of our constitution, and the established character of the Senate of the United States, for wisdom, honor, and virtue.
I have seen no real evidence of any change of system or disposition in the French Republic towards the United States. Although the officious interference of individuals, without public character or authority, is not entitled to any credit, yet it deserves to be considered, whether that temerity and impertinence of individuals affecting to interfere in public affairs, between France and the United States, whether by their secret correspondence or otherwise, and intended to impose upon the people, and separate them from their Government, ought not to be inquired into and corrected.
I thank you, gentlemen, for your assurances that you will bestow that consideration on the several objects pointed out in my communication, which they respectively merit.
If I have participated in that understanding, sincerity, and constancy, which have been displayed by my fellow-citizens and countrymen, in the most trying times, and critical situations, and fulfilled my duties to them, I am happy. The testimony of the Senate of the United States, in my favor, is a high and honorable reward, which receives, as it merits, my grateful acknowledgments. My zealous co-operation in measures necessary to secure us justice and consideration may be always depended on.
JOHN ADAMS.
December 12, 1798.
The Senate returned to their own Chamber, and proceeded to the consideration of Executive business.
John E. Howard, from the State of Maryland, attended.
Alexander Martin, from the State of North Carolina, and James Hillhouse, from the State of Connecticut, severally attended.
Franklin Davenport, appointed a Senator by the Executive of the State of New Jersey, in the recess of the Legislature, in the place of John Rutherford, resigned, produced his credentials; which were read, and, the oath of office being administered to him as the law provides, he took his seat in the Senate.
James Lloyd, from the State of Maryland, attended.
Thomas Jefferson, Vice President of the United States and President of the Senate, attended.
The Vice President laid before the Senate a letter from John Hunter, notifying his resignation of his seat in the Senate.
John Brown, from the State of Kentucky, and Theodore Sedgwick, from the State of Massachusetts, severally attended.
Stephens T. Mason, from the State of Virginia, attended.
Henry Tazewell, from the State of Virginia, attended.
The Senate being informed that Henry Tazewell, one of the members from the State of Virginia, died this morning,
Resolved, That a committee be appointed to take order for superintending the funeral of the said Henry Tazewell, Esq., and that the Senate will attend the same, and that notice of the event be given to the House of Representatives, and that this committee consist of Messrs. Mason, Brown, and Marshall.
Resolved, unanimously, That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of Henry Tazewell, deceased, late a member thereof, will go into mourning for him one month, by the usual mode of wearing a crape round the left arm.
Resolved, That the President of the Senate notify the Executive of Virginia of the death of Henry Tazewell, late Senator of that State for the United States.
The Vice President communicated the credentials of William Hill Wells, elected a Senator for the State of Delaware, in the place of Joshua Clayton, deceased.
Josiah Tattnall, from the State of Georgia, attended.
William Hill Wells, appointed a Senator by the Legislature of the State of Delaware, in place of Joshua Clayton, deceased, attended; and his credentials being read, and the oath required by law administered to him, he took his seat in the Senate.
The bill sent from the House of Representatives, entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof, and for other purposes," was read a third time.
On motion to add the following proviso to the fourth section:
"Provided, That a notice of not less than nineteen days of the opening commerce with the French Republic, or any port or place under the Government thereof, by authority of this act, and of not less than thirty days of the revocation of any order issued by the President, by virtue of this act, shall be given:"
It was determined in the negative—yeas 13, nays 14, as follows:
Yeas.—Messrs. Anderson, Bloodworth, Brown, Chipman, Gunn, Langdon, Livermore, Lloyd, Marshall, Martin, Mason, Read, and Tattnall.
Nays.—Messrs. Bingham, Davenport, Foster, Goodhue, Greene, Hillhouse, Latimer, Paine, Ross, Sedgwick, Stockton, Tracy, Watson, and Wells.
On motion to amend the motion, to be read as follows:
"Provided, That notice shall be given, of not less than thirty days, of the revocation of any order issued by the President, by virtue of this act:"
It was determined in the affirmative—yeas 18, nays 10, as follows:
Yeas.—Messrs. Bingham, Chipman, Davenport, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Livermore, Lloyd, Marshall, Paine, Sedgwick, Stockton, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Brown, Langdon, Martin, Mason, Read, Ross, and Tattnall.
And on the question to agree to the motion thus amended, it was determined in the negative.
And having agreed to several amendments to the bill, the question on the final passage thereof, as amended, it was determined in the affirmative—yeas 18, nays 10, as follows:
Yeas.—Messrs. Bingham, Chipman, Davenport, Foster, Goodhue, Greene, Hillhouse, Howard, Latimer, Livermore, Lloyd, Paine, Ross, Sedgwick, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Brown, Gunn, Langdon, Marshall, Martin, Mason, Read, and Tattnall.
The Senate resumed the second reading of the bill to amend the act, entitled "An act providing for the sale of the lands of the United States in the territory north-west of the river Ohio, and above the mouth of Kentucky River."
On motion to strike out the 8th section of the bill as follows:
"Sec. 8. And be it further enacted, That aliens residing within the United States or elsewhere, shall be capable of purchasing and holding lands in the territory of the United States north-west of the river Ohio, and their heirs may succeed to them ab intestato, in the same manner as if they were citizens; and they may grant, sell, and devise the same to whom they may please, whether citizens or aliens; and that neither they, their heirs, or assigns, shall, so far as may respect the said lands, and the legal remedies incident thereto, be regarded as aliens."
It was determined in the affirmative—yeas 13, nays 11, as follows:
Yeas.—Messrs. Chipman, Foster, Goodhue, Greene, Hillhouse, Howard, Martin, Read, Sedgwick, Stockton, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bingham, Bloodworth, Brown, Gunn, Langdon, Livermore, Marshall, Mason, Ross, and Tattnall.
The bill vesting the power of retaliation, in certain cases, in the President of the United States, was read the third time; and, being amended, the question on the final passage thereof was determined in the affirmative—yeas 22, nays 2, as follows:
Yeas.—Messrs. Anderson, Bloodworth, Chipman, Davenport, Foster, Goodhue, Greene, Gunn, Hillhouse, Latimer, Livermore, Lloyd, Marshall, Martin, Paine, Ross, Sedgwick, Stockton, Tattnall, Tracy, Watson, and Wells.
Nays.—Messrs. Howard and Langdon.
So it was Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act vesting the power of retaliation, in certain cases, in the President of the United States."
The Vice President communicated a letter from the Executive of the State of Virginia, in answer to his of the 24th ultimo, stating that an appointment to fill the vacancy in the Senate, occasioned by the decease of Henry Tazewell, would, probably, be deferred to the meeting of their Legislature.
Charles Pinckney, elected a Senator by the Legislature of the State of South Carolina, in place of John Hunter, resigned, produced his credentials, and the oath prescribed by law being administered to him, he took his seat in the Senate.
The Senate proceeded to consider the amendments reported by the committee to the bill giving eventual authority to the President of the United States to augment the Army.
On motion, to agree to the amendment reported to the 7th section, to read as follows:
"Sec. 7. Be it further enacted, That it shall be lawful for the President of the United States to call forth and employ the said volunteers in all cases, and to effect all the purposes for which he is authorized to call forth and employ the militia, by the act, entitled 'An act to provide for the calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for these purposes:'"
It passed in the affirmative, as follows:
Yeas.—Messrs. Bingham, Chipman, Foster, Goodhue, Greene, Gunn, Howard, Laurance, Livermore, Lloyd, Marshall, Paine, Ross, Sedgwick, Tracy, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Langdon, Martin, Mason, Pinckney, and Tattnall.
Saturday, February 23.
The bill, sent from the House of Representatives, entitled "An act to grant an additional compensation from the year one thousand seven hundred and ninety-nine, to certain officers of the Senate and House of Representatives of the United States," was read the second time.
Ordered, That it be referred to Messrs. Livermore, Paine, and Wells, to consider and report thereon to the Senate.
The Senate proceeded to consider the report of the committee to whom was referred the bill to augment the salaries of the principal officers of the Executive Departments, which was adopted; and
The question to agree to the third reading of the bill as amended, was determined in the affirmative—yeas 22, nays 3, as follows:
Yeas.—Messrs. Bingham, Bloodworth, Chipman, Davenport, Foster, Goodhue, Greene, Hillhouse, Howard, Laurance, Lloyd, Marshall, Martin, Paine, Pinckney, Read, Sedgwick, Stockton, Tattnall, Tracy, Watson, and Wells.
Nays.—Messrs. Langdon, Livermore, and Mason.
The Senate resumed the third reading of the bill, authorizing the acceptance, from the State of Connecticut, of a cession of jurisdiction of the territory west of Pennsylvania, commonly called the Western Reserve of Connecticut; and the question on the final passage of the bill was determined in the affirmative—yeas 16, nays 12, as follows:
Yeas.—Messrs. Chipman, Davenport, Foster, Goodhue, Greene, Gunn, Hillhouse, Livermore, Lloyd, Marshall, Paine, Read, Sedgwick, Stockton, Tracy, and Wells.
Nays.—Messrs. Bingham, Bloodworth, Brown, Howard, Langdon, Latimer, Laurance, Martin, Mason, Pinckney, Ross, and Watson.
The Senate resumed the third reading of the bill, sent from the House of Representatives, entitled "An act to establish the Post Office of the United States."
On motion, to add the following to the amendment of the 17th section:
"And, provided, That all the letters and packets franked by any one member, in any one week, shall not exceed thirty ounces; and such privilege shall continue:"
It was determined in the negative—yeas 13, nays 17, as follows:
Yeas.—Messrs. Bingham, Davenport, Goodhue, Hillhouse; Howard, Livermore, Lloyd, Paine, Ross, Sedgwick, Stockton, Watson, and Wells.
Nays.—Messrs. Anderson, Bloodworth, Brown, Chipman, Foster, Greene, Gunn, Langdon, Latimer, Laurance, Marshall, Martin, Mason, Pinckney, Read, Tattnall, and Tracy.
The bill, sent from the House of Representatives, entitled "An act authorizing a detachment from the militia of the United States," was read the second time.
On the question to agree to the third reading of the bill, it was determined in the affirmative—yeas 17, nays 12, as follows:
Yeas.—Messrs. Bloodworth, Brown, Foster, Goodhue, Greene, Gunn, Howard, Langdon, Laurance, Lloyd, Marshall, Martin, Mason, Pinckney, Ross, Tattnall, and Watson.
Nays.—Messrs. Bingham, Chipman, Davenport, Hillhouse, Latimer, Livermore, Paine, Read, Sedgwick, Stockton, Tracy, and Wells.
A message from the House of Representatives, informed the Senate that the House, having finished the business before them, are about to adjourn without day.
The Senate then proceeded to the consideration of Executive business.
The Senate, then, resuming Legislative business, adjourned without day.
This being the day appointed by the constitution for the annual meeting of Congress, a number of members of the House of Representatives assembled in their Chamber.
The following are the names of the members present:
From New Hampshire.—Abiel Foster, Jonathan Freeman, William Gordon, and Peleg Sprague.
From Massachusetts.—Dwight Foster, Samuel Lyman, Harrison G. Otis, Geo. Thatcher, Joseph B. Varnum, and Peleg Wadsworth.
From Rhode Island.—Thomas Tillinghast.
From Connecticut.—Samuel W. Dana, Chauncey Goodrich, and Roger Griswold.
From New York.—David Brooks, Henry Glenn, Jonathan N. Havens, and Hezekiah L. Hosmer.
From New Jersey.—Jonathan Dayton, (the Speaker.)
From Pennsylvania.—David Bard, John Chapman, William Findlay, Albert Gallatin, John A. Hanna, Blair McClenachan, and Richard Thomas.
From Maryland.—George Dent.
From Virginia.—John Clopton, John Dawson, David Holmes, James Machir, and Daniel Morgan.
From North Carolina.—Matthew Locke, Nathaniel Macon, and Richard Stanford.
From Tennessee.—William Charles Cole Claiborne.
From Georgia.—Abraham Baldwin.
Three new members, to wit: Jonathan Brace, returned to serve in this House as a member for Connecticut, in the room of Joshua Coit, deceased; Robert Waln, returned to serve as a member for Pennsylvania, in the room of John Swanwick, deceased; and Joseph Eggleston, returned to serve as a member for Virginia, in the room of William B. Giles, who has resigned his seat; appeared, produced their credentials, and took their seats in the House.
A little after 12 o'clock the Speaker of the House took his chair, the names of all the members were called over by the Clerk, and there appearing only forty persons, (fourteen short of a quorum,) a motion was made to adjourn, and the House adjourned accordingly till to-morrow at 11 o'clock.
Several other members, to wit: from Massachusetts, Stephen Bullock; from New Jersey, James H. Imlay; from Pennsylvania, John Wilkes Kittera; from Maryland, George Baer, Jr., William Craik, and Samuel Smith; from Virginia, Anthony New, Abram Trigg, John Trigg, and Abraham Venable; from North Carolina, Thomas Blount; and from South Carolina, William Smith; appeared and took their seats in the House.
A new member, to wit: Robert Brown, returned to serve in this House as a member for Pennsylvania, in the room of Samuel Sitgreaves, appointed a Commissioner of the United States under the sixth article of the Treaty of Amity, Commerce, and Navigation, with Great Britain, appeared, and took his seat in the House.
But a quorum of the whole number not being present, the House adjourned.
Several other members, to wit: from Massachusetts, Isaac Parker, John Read, Samuel Sewall, and William Shepard; from Connecticut, Nathaniel Smith; from New York, Lucas Elmendorph, John E. Van Allen, and John Williams; from New Jersey, James Schureman; and from South Carolina, Robert Goodloe Harper and John Rutledge, Jr., appeared, and took their seats in the House.
And a quorum consisting of a majority of the whole number, being present,
The oath or affirmation, to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. Speaker to the following new members, to wit: Jonathan Brace, Robert Brown, Robert Waln, and Joseph Eggleston, who took their seats in the House on the third and fourth instant.
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.
Several other members, to wit: from Connecticut, William Edmond; from Maryland, John Dennis and William Hindman; and from Virginia, Thomas Evans and Walter Jones, appeared and took their seats in the House.
The House having been called to order, and the journal read, the Speaker observed that the hour was nearly arrived at which the President had proposed to make his communications to both Houses, and read a resolution which was usually entered into on such occasions, informing the Senate that this House is formed, and ready to receive any communications which the President may be pleased to make to them. The resolution was adopted, and a message having been sent to the Senate therewith, the members soon after entered and took the places prepared for them.
At twelve o'clock, Lieutenant General Washington, with his Secretary, Colonel Lear, Major Generals Pinckney and Hamilton, entered the Hall, and took their places on the right of the Speaker's chair. The British and Portuguese Ministers, and the British and Danish Consuls, with their Secretaries, had their places assigned them on the left of the chair.
A few minutes after 12, the President of the United States, accompanied by his Secretary, and the Heads of the several Departments of the Government, appeared. The President having taken his seat, and the officers of Government theirs, near the general officers, he rose and addressed the two Houses as follows: