Monday, February 9.

Ordered, That the Committee of Claims, to whom was referred, on the thirtieth ultimo, the memorial of sundry clerks employed in the different departments, be discharged from the further consideration thereof, and that the same be referred to the Committee of Revisal and Unfinished Business.

Mr. Rutledge, from the committee appointed on the part of this House, jointly, with the committee on the part of the Senate, to ascertain and report a mode of examining the votes given for President and Vice President of the United States; of notifying the persons elected of their election, and the time, place, and manner of administering the oath of office to the President, reported that the committee had taken the subject referred to them under consideration, but had come to no agreement thereupon.

A message from the Senate, informed the House that the Senate would be ready to receive the House in the Senate Chamber, on Wednesday next, at twelve o'clock, for the purpose of being present at the opening and counting of the votes for President of the United States; and that the Senate have appointed a teller on their part, to make a list of the votes for President of the United States as they shall be declared.

Rules for Election of President.

The House proceeded to consider the report made on Friday last, from the committee appointed to prepare and report rules proper to be observed in the choice of a President of the United States: Whereupon,

Ordered, That the said report be committed to a Committee of the whole House immediately.

The House, accordingly, resolved itself into a Committee of the Whole on the said report; and, after some time spent therein, the Chairman reported that the committee had had the said report under consideration, and directed him to report to the House their agreement to the same, with an amendment; which he delivered in at the Clerk's table, where the same was read. The House then proceeded to consider the report: Whereupon, the amendment reported from the Committee of the whole House to the said report, was, on the question put thereupon, agreed to by the House.

A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fourth rule contained in the said report, in the words following, to wit:

And, the question being taken thereupon, it passed in the negative—yeas 47, nays 53.

A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fifth rule contained in the said report, in the words following, to wit:

And, the question being taken thereupon, it passed in the negative—yeas 45, nays 54.

Resolved, That this House doth agree with the Committee of the whole House in their agreement to the said report, as amended, in the words following, to wit:

Tuesday, February 10.

Credentials of Members.

Mr. Dent, from the standing Committee of Elections, made a report, which he delivered in at the Clerk's table, where the same was read, and is as follows:

Election of President.

Resolved, That this House will attend in the Chamber of the Senate on Wednesday next at twelve o'clock, for the purpose of being present at the opening and counting of the votes for President and Vice President of the United States; that Mr. Rutledge and Mr. Nicholas be appointed tellers, to act jointly with the teller appointed on the part of the Senate, to make a list of the votes for President and Vice President of the United States, as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the journals; and if it shall appear that a choice hath been made agreeably to the constitution, such entry on the journals shall be deemed a sufficient declaration thereof.

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

Wednesday, February 11.

On motion, it was

Resolved, That all letters and packets to John Adams, now President of the United States, after the expiration of his term of office, and during his life, may be transmitted by post, free of postage.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. Otis, Mr. Thatcher, and Mr. Shepard, be appointed a committee to prepare and bring in the same.

Election of President.

On this day, being the day by law appointed for counting the votes of the Electors of President and Vice President, there were present the following Representatives, respectively, that is to say:

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:

Recapitulation of the Votes of the Electors.

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:

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:

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

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:

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: