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SENATE.]

Proceedings.

(JANUARY, 1798.

expenditures in the War Department, for the ; and, aster debate, it was agreed that the report quarter ending the 30th of December last; which should be recommitted. was read, and ordered to lie on the table.

A message from the House of Representatives Mr. Goodhue, from the committee to whom informed the Senate that the House insist on their was referred the bill, sent from the House of Rep- disagreement to the amendment of the Senaie to resentatives for concurrence, entitled " An act for the bill, entitled “ An act providing for the paythe relief of John Frank.” reported the bill with- ment of the interest on a certificate due to Geneout amendment; and, by unanimous consent, it ral Kosciusko," and ask a conference thereon, and was read the third time, and passed.

have appointed managers at the same on their The bill, sent from the House of Representa- part; tives for concurrence, entitled “Ad act directing. They have passed a bill, entitled “An act for the Secretary of War to place certain persons on the relief of the refugees from the British prothe pension list," was read the second time, and vinces of Canada and Nova Scotia," in which referred to the committee appointed the 1st of De- they desire the concurrence of the Senate. cember last, "to take into consideration the sub- The Senate proceeded to consider the resoluject of a bill passed in March last, by the Housetion of the House of Representatives on the conof Representatives, directing the Secretary of War | ference mentioned in the message. to place certain persons on the pension list," and Resolved, That they do agree thereto, and that which was postponed by the Senate to this ses- Messrs. Tracy and Ross be managers at the sion, to consider and report thereon to the Senate. same on the part of the Senate.

Ordered, That a certificate of the judges of the The bill sent from the House of Representadistrict court for the district of Maryland, in favor tives for concurrence was read, and ordered to of John Coats, be referred to the same committee, the second reading. to consider and report thereon to the Senate. The Senate resumed the consideration of the

Mr. Tracy reported, from the committee to bill, sent from the House of Representatives for whom was referred the petition of Joseph Nourse, concurrence, entitled "An act suspending, for a Register of the Treasury; and the report was limited time, the second section of an act, entitled read, and ordered to lie for consideration. • An act regulating foreign coins, and for other

The Senate proceeded to consider the resolu- purposes;" and tion of the House of Representatives, disagreeing On the question to agree to the third reading of to the amendment of the Senate to the bill, enti- the bill

, it passed in the affirmative-yeas 19, nays tled “An act providing for the payment of the 17, as follows: interest on a certificate due to General Kosciusko;"

YEAS—Messrs. Anderson, Bingham, Bloodworth, whereupon,

Brown, Foster, Gunn, Hillhouse, Howard, Hunter, Resolved, That they do insist on their said Jackson, Langdon, Latimer, Livermore, Lloyd, Mar. amendmeni.

shall, Martin, Mason, Paine, and Tazewell. Ordered, That the motion made on the 12th Nays-Messrs. Chipman, Goodhue, Greene, Read, instant, on the subject of accepting a deed of ces- Ross, Sedgwick, and Tracy. sion of the jurisdiction of certain territory from So it was Resolved, That this bill pass to the the State of Connecticut, be referred to Messrs. third reading. Ross, LLOYD, READ, Sedgwick, and Brown, to Mr. GREENE notified the Senate that he should, consider and report thereon to the Senate. to-morrow, ask leave to bring in a bill to repeal

The Senate resumed the second reading of the the act, passed the last session of Congress, entibill, sent from the House of Representatives for titled "An act laying duties op stamped vellum, concurrence, entitled "An act suspending, for a parchment, and paper." limited time, the second section of an act, entitled 'An act regulating foreign coins, and for other purposes," and, after debate,

WEDNESDAY, January 17. Ordered, That the further consideration there- The bill, sent from the House of Representaof be postponed.

tives for concurrence. entitled "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia," was read the se

cond time, and referred to Messrs. Martin, Paine, Tuesday, January 16.

and SEDGWICK, 10 consider and report thereon to The bill, sent from the House of Repre- the Senate. sentatives for concurrence, entitled an “ An act to Mr. Tracy, from the managers at the conferprescribe the mode of taking evidence in cases of ence on the amendment to the bill, sent from the contested elections for members of the House of House of Representatives for concurrence, entiRepresentatives of the United States, and to con- tled An act providing for the payment of the pel the attendance of witnesses,” was read the interest on a certificate due to General Kosciusko," third time.

made a report. Whereupon, Resolved, That this bill pass with an amend- Resolved, That the Senate adhere to their ment.

amendment to the bill last mentioned. The Senate took into consideration the report The bill, sent from the House of Representaof the committee to whom was referred the peti- tives for concurrence, entitled "An act suspendtion of Joseph Nourse, Register of the Treasury; ing, for a limited time, the second section of an JANUARY, 1798.]

Proceedings.

[SENATE.

act entitled “ An act regulating foreign coins, and entitled "An act laying duties on stamped velfor other purposes," was read the third time. lum, parchment, and paper;" and, after debate,

On motion, by Mr. MARSHALL, that the bill be the Senate adjourned. further amended, by expunging all that is contained from the word "suspended,” line fourth, in

THURSDAY, January 18. clusive, and inserting, in lieu thereof, “repealed," it passed in the negative.

The Senate resumed the consideration of the And the bill being further amended, by adding ing leave to bring in a billio repeal the act, passed

motion made yesterday by Mr. GREENE, requestthe words - silver and gold” before the word the last session of Congress, entitled "An act lay; “coins," in the amendment

On the question to agree to the final passage of ing duties on stamped vellum, parchment, and the bill, it was determined in the affirmative paper." yeas 17, pays 19, as follows:

On the question to agree to the motion, it was

determined in the negative-yeas 11, nays 15, as YEAS-Messrs. Anderson, Bingham, Bloodworth, follows: Brown, Foster, Gunn, Hillhouse, Howard, Hunter, Jackson, Langdon, Livermore, Marshall, Martin, Ma

YEAS—Messrs. Anderson, Bloodworth, Brown, Fosson, Paine, and Tazewell.

ter, Greene, Jackson, Langdon, Livermore, Martin, Nars—Messrs. Chipman, Goodhue, Greene, Lati- / Mason, and Tazewell. mer, Lloyd, Read, Ross, Sedgwick, and Tracy.

Nays-Messrs. Bingham, Chipman, Goodhue, Gunn,

Hillhouse, Howard, Hunter, Latimer, Lloyd, Marshall, So it was Resolved, That this bill pass with Paine, Read, Ross, Sedgwick, and Tracy. amendments.

Mr. Ross laid before the Senate the memorial A motion was made, by Mr. Paine, as follows: of Thomas Hutchins, praying compensation for

Resolved, That a committee be appointed to in the sufferings and services of his late father, quire whether any, and what, territory, lying to the Thomas Hutchins, Geographer General to the southward and westward of the State of Georgia, be United States; and the petition was read, and orlongs to the United States, and to report a plan for dered to lie for consideration. governing the same; and that the said committee be

The Senate proceeded to consider the motion empowered to report by bill or otherwise."

made yesterday, relative to territory lying to the Ordered, That this motion lie for consideration. southward and westward of the State of Georgia;

A message from the House of Representatives and it was agreed to adopt the first part of the informed the Senate, that the House recede from motion, divided as far as the words - United their disagreement to the amendment of the. Sen- States.” ate to the bill, entitled “An act providing for the On motion, by Mr. TazewELL, to amend the payment of the interest on a certificate due to last clause, to be read as follows: General Kosciusko.":

“And in case the committee shall be of opinion that The following Message was received from the

any territory therein belongs to the United States, to PRESIDENT OF THE UNITED STATES :

report the most expedient method of quieting any opGentlemen of the Senate, and

posite title thereto :” Gentlemen of the House of Representatives : It passed in the negative. The situation of affairs between the United States

Resolved, That a committee be appointed to and the Cherokee Indians having evinced the expe- inquire whether any, and what, territory, lying to diency of a treaty with that nation, for the promotion the southward and westward of the Siate of of justice to them, as well as of the interests and con- Georgia, belongs to the United States, and to revenience of our citizens, I have nominated, and, by port a plan for governing the same, if any there and with the advice and consent of the Senate, ap- be; and that the said committee be empowered to pointed Commissioners to hold conferences, and con- report by bill or otherwise. clude a treaty, as early as the season of the year and Ordered, That the above motion, as amended, the convenience of the parties will admit.

together with the representation and remonstrance As we know very well

, by experience, such negotia of the Legislature of the State of Georgia, be retions cannot be carried on without considerable ex- ferred to Messrs. Ross, Paine, Read, Tazewell, penses, I recommend to your consideration the pro- and Gunn, to consider and report thereon to the priety of making an appropriation, at this time, for

Senate. defraying such as may be necessary for holding and concluding a treaty. That you may form your judgments with greater fa

FRIDAY, January 19. cility, I shall direct the proper officer to lay before you an estimate of such articles and expenses as may be referred the bill, sent from the House of Repre

Mr. Ross, from the committee to whom was thought indispensable.

sentatives for concurrence, entitled "An aci to

JOHN ADAMS. UNITED STATES, January 17, 1798.

amend the several acts for laying duties on spirits

distilled within the United States, and on stills," The Message was read, and ordered to lie for reported an amendment; which was read and orconsideration.

dered to lie for consideration. Conformable to notice given yesterday, Mr. Mr. Sedgwick presented the petition of SoloGREENE requested leave to bring in a bill to re- mon Blodget, a wounded soldier, praying to be peal the act, passed the last session of Congress, placed on the list of invalid pensioners; and the

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petition was read, and referred to the committee rial of a number of the inhabitants of the tıwn to whom was referred, on the 15th instant, the bill of Providence, in the State of Rhode Island, entitled “ An act directing the Secretary of War stating the expediency of erecting a light-house on to place certain persons on the pension list,” to Eaton's Neck, on Long Island, in the State of consider and report thereon to the Senate. New York; and the memorial was read.

Mr. Foster presented the petition of Jonathan Ordered, That it be referred to the Secretary Davenport, a wounded soldier, praying an increase for the Department of Treasury, to consider and of his pension; and the petition was read, and re- report thereon to the Senate. ferred to the committee last mentioned.

The bill, sent from the House of RepresentaThe following Message was received from the tives for concurrence, entitled " An act to amend PRESIDENT OF THE UNITED STATES:

the several acts for laying duties on spirits distilled Gentlemen of the Senate, and

within the United States, and on stills," was read Gentlemen of the House of Representatives :

the third time. A representation has been made to me, by the Judge

On motion, by Mr. ANDERSON, to restore the of the Pennsylvania district of the United States, of

second section, as follows: certain inconveniences and disagreeable circumstances, And be it further enacted, That, from and after the which have occurred in the execution of the law passed 30th day of June next, it shall be lawful for all owners on the 28th day of May, 1796, entitled “ An act for the of any still, or stills, to make his or their election, to relief of persons imprisoned for debt,” as well as of cer- take out a license for one week, at the rate of four cents tain doubts which have been raised concerning its con- per gallon, on the capacity of such still or stills, includstruction ; this representation, together with a report of ing the heads thereof, under such rules and regulations the Attorney General on the same subject, I now trans- as licenses are now granted.” mit to Congress, for their consideration, that if any It was determined in the negative-yeas 9, amendments or explanation of that law may be thought nays 15, as follows: advisable, they may be adopted.

JOHN ADAMS.

YEAS-Messrs. Anderson, Bloodworth, Brown, JackUNITED STATES, January 18, 1798.

son, Langdon, Marshall, Martin, Tattnall, and Tazewell.

Nars-Messrs. Chipman, Foster, Goodhue, Greene, The Message and papers were read.

Gunn, Hillhouse, Howard, Hunter, Latimer, Livermore, Ordered, That they be referred to the com- Paine, Read, Ross, Sedgwick, and Tracy, mittee appointed on the 26th December last, on So it was Resolved, That this bill pass with the the motion of 15th of December, for revising the amendment. judiciary system, to consider and report thereon to The following Message was received from the the Senate.

PRESIDENT OF THE UNITED STATES:
Mr. Marshall gave notice that he should, on
Monday, ask leave to bring in a bill regulatiog cer-

Gentlemen of the Senate, and

Gentlemen of the House of Representatives : tain proceedings in cases of impeachment.

At the commencement of this session of Congress, I

proposed, in the course of it, to communicate to both MONDAY, January 22.

Houses further information concerning the situation of Josiah Tattnall, from the State of Georgia, our affairs in the territories of the United States situaattended.

ted on the Mississippi river, and in its neighborhood; the committee to whom was referred the bill, sent officers and agents. This information will be found in The Senate proceeded to consider the report of our intercourse with the Indian nations, our relations

with the Spanish Government, and conduct of their from the House of Representatives for concurrence, entitled “An act to amend the several acts for attending it, which I now present to the Senate and

a report of the Secretary of State, and the documents laying duties on spirits distilled within the United House of Representatives. States, and on stills;" and the amendment reported

JOHN ADAMS. being adopted,

UNITED STATES, January 23, 1798. Ordered, That this bill pass to the third reading as amended.

The Message and papers were read. Conformable to notice given on the 19th in- Ordered, That they be referred to the commitstant, Mr. MARSHALL requested and obtained tee, appointed the 18th instant, on the motion leave to bring in a bill regulating certain proceed- made by Mr. PAINE, to whom was also referred ings in case of impeachment; which bill was the remonstrance of the Legislature of the State read, and ordered to the second reading.

of Georgia, to consider and report thereon to the

Senate.
Tuesday, January 23.

WEDNESDAY, January 24. The bill regulating certain proceedings in cases of impeachment was read the second time, and A message from the House of Representatives referred to Messrs. MARSHALL, Tazewell, Tracy, informed the Senate that the House disagree to Ross, and LIVERMORE, to consider and report the amendment of the Senate to the bill, entitled thereon to the Senate.

“An act to amend the several acts for laying duOrdered, That Mr. Ross be added to the com- ties on spirits distilled within the United States, mittee appointed on the petition of George Turner. and on stills.”

Mr. Foster laid before the Senate ihe memo- The Senate took into consideration their amend

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ment disagreed to by the House of Representa- ponement the words “ until the second Tuesday tives; and

in February;" and, On motion, that the Senate adhere to their said On motion, it was agreed to amend the motion amendment, it was determined in the affirmative for postponement, by inserting after the word -yeas 16, nays 9, as follows:

" postponed” these words: “ until the first day of YEAs—Messrs. Bingham, Chipman, Foster, Good- June next.” hue, Greene, Gunn, Hillhouse, Howard, Latimer, Liver- On motion, to agree to the motion for postponemore, Lloyd, Paine, Read, Ross, Sedgwick, and Tracy. ment as amended, it was determined in the affirm

Nars-Messrs. Anderson, Bloodworth, Hunter, Lang- ative-yeas 15, nays 13, as follows: don, Marshall, Martin, Mason, Tattnall, and Tazewell.

Yeas-Messrs. Brown, Foster, Goodhue, Greene, So it was Resolved, That the Senate adhere to Gunn, Hillhouse, Hunter, Lloyd, Martin, Read, Ross, their said amendment.

Sedgwick, Stockton, Tattnall, and Tracy. Mr. Tracy, from the committee to whom was Nays— Messrs. Anderson, Bingham, Bloodworth, referred the bill, sent from the House of Repre- Chipman, Howard, Jackson, Langdon, Latimer, Liversentatives for concurrence, entitled " An act direct- more, Marshall, Mason, Paine, and Tazewell. ing the Secretary of War to place certain persons So it was Resolved, That the consideration of on the pension list,” reported an amendment; the original motion be postponed until the first which was read and adopted.

day of June next. Ordered. That this bill pass to the third reading as amended.

Friday, January 26. Mr. Marshall made a motion, that the Senate agree to the following resolutions, which he read

No business of importance was transacted in in his place:

the Senate to-day. Resolved, by the Senate and House of Representatires of the United States of America in Congress as

Monday, January 29. sembled, two-thirds of both Houses concurring, That No business was done of any importance in the the following articles be proposed to the Legislatures Senate to-day. of the several States as amendments to the Constitution of the United States; which, when ratified by three

TUESDAY, January 30. fourths of the said Legislatures, shall be valid as part of the said Constitution, viz:

Ordered, That Messrs. LIVERMORE, Ross, and “ 1. The Electors of President, and Vice President, Tracy, be a committee to report to the Senate a in giving their votes, shall respectively distinguish the form of proceeding in cases of impeachment. person whom they desire to be President, from the one Mr. Martin, from the committee to whom was they desire to be Vice President, by annexing the words referred the bill, sent from the House of Represen• President,' or · Vice President,' as the case may re- tatives for concurrence, entitled “An act for the quire, to the proper name of the person voted for.

relief of the refugees from the British provinces “2. The Electors, aforesaid, shall enclose the very of Canada and Nova Scotia,” reported amendballots by them given in the election, together with the

ments; which were read. list of the votes by them made and transmitted to the

Ordered, That they lie for consideration. President of the Senate. “ 3. Should any contest arise relative to any vote for tenhouse, stating that he is a prisoner at the suit

Mr. Ross presented the petition of Joseph RitPresident, the same shall be determined by the Senate; of the United States, and, having surrendered his or, should any contest arise relative to any vote for Vice President, the same shall be determined by the House property, prays to be liberated; and the petition of Representatives.

was read and laid on the table. “4. Should no one person, voted for as Vice President, have a majority of the whole number of Electors

WEDNESDAY, January 31. in his favor, then the Senate shall elect the Vice President among those voted for as Vice President."

The Vice President laid before the Senate the Ordered, That the motion lie for consideration, resolution of the Legislature of the State of Dela

ware, by which it appears that they have appoint

ed Joshua CLAYTON Senator of the United THURSDAY, January 25.

States, in the place of John Vining, resigned; and

the resolution was read. The bill, sent from the House of Representatives Ordered, That it lie on file. for concurrence, entitled “ An act directing the Mr. STOCKTON, from the committee to whom Secretary of War to place certain persons on the was referred the petition of George Turner, praypension list,” was read the third time.

ing confirmation of his title to a tract of land purResolved. That this bill pass with an amend- chased of John Cleves Symmes, asked and obtained ment.

leave to report by bill; and the bill was read, and The Senate took into consideration the motion ordered to the second reading. made yesterday, respecting amendments to the The Senate took into consideration the amendConstitution of the United States.

ments reported by the committee to whom was On motion, that the consideration thereof be referred the bill, entitled " An act for the relief of postponed until the second Tuesday in February, the refugees from the British provinces of Canada it was agreed to strike out of the motion for post- and Nova Scotia ;" and, having agreed thereto,

Senate.]

Proceedings.

[FEBRUARY, 1798.

Ordered, Thit the further consideration of the informed the Senate that the House have passed bill be postponed.

a bill, entitled "An act for the relief of the legal A message from the House of Representatives representatives of Thomas Clark, deceased;" in informed the Senate that the House have passed which they desire the concurrence of the Senate. a bill, “entitled “An act appropriating a certain A Message was received from the President of sum of money to defray the expense of holding a the United States. treaty with the Indians claiming lands in the State The Senate resumed the consideration of the of Tennessee, or North Carolina;"' in which they report of the committee on the mode of proceeddesire the concurrence of the Senate.

ing in cases of impeachment; which having been The bill last mentioned was read, and ordered amended, it was, in part, adopted. to the second reading.

Mr. LIVERMORE, from the committee to whom the subject was referred, reported a form of pro

SATURDAY, February 3. ceeding in cases of impeachment; and the report The Message yesterday received from the Prewas read.

SIDENT OF THE UNITED STATES was read, as Ordered, That it lie for considera:ion.

follows:
Gentlemen of the Senate, and

Gentlemen of the House of Representatives:
THURSDAY, February 1.

I have received from our Minister in London two The bill, sent from the House of Representa- Acts of the Parliament of Great Britain, one passed on tives for concurrence, entitled "An act appropriat- the 4th of July, 1797, entitled “ An act for carrying ing a certain sum of money to defray the expense into execution the Treaty of Amity, Commerce. and of holding a treaty with the Indians claiming Navigation, concluded between His Majesty and the lands in the State of Tennessee, or North Caroli- United States of America ;" the other, passed on the na," ," was read the second time.

19th day of July, 1797, entitled “ An act for regulating Ordered, That it be referred to Messrs. Hill- the trade to be carried on with the British possessions

in India, by the ships of nations in amity with His HOUSE, Paine, and SEDGWICK, to consider and re

Majesty." These Acts have such connexions with the port thereon to the Senate. The bill to authorize the sale of certain lands that it is proper they should be communicated to Con

commercial and political interests of the United States, between the Great and Little Miami rivers, in the gress. I have accordingly transmitted copies of them territory of the United States northwest of the with this Message. Ohio, and for giving a pre-emption to certain pur

JOHN ADAMS. chasers and settlers, was read the second time. UNITED STATES, February 2, 1798.

Ordered, That the further consideration thereof be postponed.

The Message and papers referred 10 were orMr. Brown laid before the Senate the petition dered to lie for consideration. of Stephen Monnot and others, inhabitants of Gal- Ordered. That the petition of certain inhabiliopolis, praying for a grant of land to them, re- 1st instant, be referred to Messrs. Brown, BLOOD

tants of Galliopolis, laid before the Senate on the spectively; which petition, together with the papers referred to therein, were read.

WORTH, and LANGDON, 10 consider and report

thereon to the Senate. Ordered, That they lie on the table. Mr. Mason presented the petition of Joseph Ja

The bill, sent from the House of Representatives mison, and others, inhabitants near the Sciola for concurrence, entitled " An act for the relief of river, praying that the Surveyor General may be the legal representatives of Thomas Clark, deauthorized to lay out a tract of land thirty miles ceased,” was read the first time, and ordered to

the second reading. square, on the banks of the said river; and the

The Senate resumed the consideration of the petition was read. Ordered, That it lie on the table.

report of the committee on the mode of proceedMr. Marshall, from the committee to whom ing in cases of impeachment. was referred the bill regulating certain proceedings committed to Messrs. Hillhouse, Read, and

On motion, it was agreed, that the report be rein cases of impeachment, reported amendments; Paine, to consider and report thereon to the which were read.

Senate. Ordered, That they lie for consideration. The Senate took into consideration the report of the committee on the mode of proceeding in cases of impeachment; and, after debate, the Sen

Monday, February 5. ate adjourned.

The bill, sent from the House of Representatives

for concurrence, entitled “ An act for the relief of Friday, February 2.

the legal representatives of Thomas Clark, de

ceased," was read the second time, and referred John Sloss Hobart, appointed a Senator by to Messrs. Tracy, Paine, and Goodhue, to conthe State of New York, in the place of Philip sider and report thereon to the Senate. Schuyler, resigned, produced his credentials, and, Mr. Hillhouse, from the committee to whom the oath required by law being administered, he was committed the report on the mode of protook his seat in the Senate.

ceeding in cases of impeachment, made a report; A message from the House of Representatives which was read and adopted; and

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