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MAY, 1798.]

Proceedings.

[SENATE.

isfaction in the measures taken by the supreme Mr. GOODHUE presented the address of the citiExecutive for accommodating the differences sub-zens of the town of Gloucester, in the Commonsisting with the French Republic, and their de- wealth of Massachusetts, approbating the conduct termination, depending on the patronage of the of the supreme Executive, avowing their deterMost High, at every hazard, to support the Gov-mination to support the Constitution, and, at the ernment of their choice, and the measures that risk of their lives and fortunes, to preserve invio- . may be adopted; and the address was read. late the rights and liberties of the country; and the address was read.

Mr. BINGHAM presented the memorial of the judges, grand jury, and sheriff, of the county of Bucks, in the State of Pennsylvania, expressing their entire approbation of the measures of the supreme Executive in endeavoring to effect an accommodation of the existing differences with, and to obtain redress for the repeated and accumulated injuries sustained from, the French Republic; and pledging themselves, with the assistance of Heaven, to their children and their country, by all the ties which can bind the affection and fidelity of man, to resist, with firmness, every invasion of their rights, and to transmit to their posterity, sacred and inviolate, the freedom, honor. and independence, of their country; and the memorial was read.

The bill to alter and extend the provisions of the act, entitled "An act to establish the Judicial Courts of the United States," was read the second time.

Resolved, That the consideration thereof be postponed.

Mr. HOWARD presented an address, to the same effect, from a numerous and respectable meeting of the inhabitants of Upper Marlborough and its vicinity, in Prince George's county, in the State of Maryland; and the address was read.

The Senate resumed the second reading of the bill concerning aliens; and, after debate, Resolved, That the further consideration thereof be postponed.

The Senate resumed the second reading of the bill to alter and extend the provisions of the act, entitled "An act to establish the Judicial Courts of the United States; and, after debate, it was agreed that the further consideration thereof be postponed until to-morrow.

TUESDAY, May 15.

On motion, by Mr. LIVERMORE,

Resolved, That the Secretary of the Senate be directed to write to all such Senators as are absent without leave, or whose leave of absence has The Senate resumed the second reading of the expired, requesting their immediate attendance. bill concerning aliens; and, after debate, the furThe bill to amend the act, entitled "An act to ther consideration thereof was postponed. repeal, in Mr. MASON presented the resolutions of the in-tain and fix the Military Establishment of the the act, entitled An act to ascerpart, habitants of Fairfax county, in the State of Vir- United States," was read the third time. ginia, highly approving the conduct of the supreme Resolved, That this bill pass; that it be engrossExecutive of the United States, and particularly ed; and that the title thereof be "An act to in endeavoring to restore the good understanding amend the act, entitled "An act to amend and formerly subsisting between the United States repeal, in part, the act, entitled An act to ascerand the French Republic; and pledging them-tain and fix the Military Establishment of the selves in support of measures for the defence of United States." the country and the protection of its commerce; and the address was read.

Mr. STOCKTON presented the address of a numerous and respectable meeting of the citizens of Mr. LIVERMORE presented the address of a num- Upper Freehold, in the county of Monmouth, and ber of the inhabitants of the town of Portsmouth, those in its vicinity, from the counties of Burlingin the State of New Hampshire, pledging to the ton and Middlesex, in the State of New Jersey, supreme Executive and to Congress the most designed Robert Montgomery, chairman, expressive termined and unequivocal support in maintaining measures that have been or may be adopted for the interest, honor, and independence of the United States; and the address was read.

The VICE PRESIDENT laid before the Senate a letter from Samuel Meredith, Treasurer, with his account of receipts and expenditures in the War Department, for the quarter ending 31st of March last; which were read.

Ordered. That they lie for consideration.

MONDAY, May 14.

Mr. TRACY, from the committee to whom was referred the bill to amend the act, entitled " An act to amend and repeal in part the act, entitled 'An act to ascertain and fix the Military Establishment of the United States," reported the bill without amendment.

Resolved, That this bill pass to the third reading.

of their gratitude and thanks for the firm, moderate, and unshaken patriotism of the President of the United States, and of their acquiescence in shall in their wisdom adopt; and the address was every measure which the National Legislature

read.

Mr. LIVERMORE presented the address of one hundred and sixteen inhabitants of Dover, in the State of New Hampshire, to the same effect; and the address was read.

The Senate resumed the second reading of the bill to alter and extend the provisions of the act, entitled "An act to establish the Judicial Courts of the United States; and, having agreed to sundry amendments,

Resolved, That this bill pass to a third reading.

WEDNESDAY, May 16.

The bill to alter and extend the provisions of

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Proceedings.

the act, entitled "An act to establish the Judicial Courts of the United States," was read the third time; and, after debate,

Ordered, That it be recommitted to the committee who brought in the bill, and that Messrs, ANDERSON, MARTIN, and TAZEWELL, be added to the committee.

[MAY, 1798.

Executive of the State of New York, in place of John Sloss Hobart, resigned, produced his credentials, and, the oath required by law, being administered to him, he took his seat in the Senate. The Senate took into consideration the amendments of the House of Representatives to the bill, sent from the Senate for concurrence, entitled "An act authorizing the President of the United States to raise a provisional army;" and,

Mr. STOCKTON presented the address of the people of Gloucester county, in the State of New Jersey, signed Franklin Davenport, chairman, and Ordered, That they be referred to the commitunanimously agreed to; expressive of their un- tee, appointed the 29th of November last, who reshaken and undiminished confidence in the Exec-ported the bill, to consider and report thereon to utive and Congress of the United States, and, en- the Senate. gaging, under the protecting arm of Providential aid, cheerfully to sustain the honorable task of defending, supporting, and maintaining, the dignity, freedom, and independence, of their country; and the address was read.

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A message from the House of Representatives informed the Senate that the House have passed the bill, sent from the Senate for concurrence, entitled "An act authorizing the President of the United States to raise a provisional army," with amendments, in which they desire the concurrence of the Senate.

The Senate resumed the second reading of the bill concerning aliens; and, after progress, Ordered, That the further consideration thereof be postponed until Monday next.

Mr. GOODHUE, from the committee appointed the 29th of November last, to consider that part of the Message of the President of the United States which respects the protection of commerce, further reported a bill on that subject; which was read, and ordered to the second reading.

Mr. MARSHALL presented the petition of Robert Campbell, by his agent, William Lytle, praying the interposition of Congress to vest in him, and his heirs, a certain tract of land therein mentioned; and the petition was read.

Ordered, That it be referred to Messrs. MARSHALL, BROWN, and CHIPMAN, to consider and report thereon to the Senate.

MONDAY, May 21.

A message from the House of Representatives informed the Senate that they have passed a bill, entitled "An act for the relief of Thomas Lewis ;" and a bill, entitled "An act respecting Loan Office and final settlement certificates, indents of interest, and the unfunded or registered debt credited in the books of the Treasury;" in which bills they desire the concurrence of the Senate.

The bills last mentioned were read, and ordered to the second reading.

Ordered, That Mr. LIVERMORE be of the committee to whom was referred the bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of sick and disabled seamen," in place of Mr. LANGDON, absent with leave.

Mr. STOCKTON presented the resolution of the mayor, deputy mayor, recorder, aldermen, and common council, of the borough of Elizabeth, in the county of Essex, and State of New Jersey,

with the unanimous address of seven hundred inhabitants of said borough, certified by Elias Dayton, mayor, expressive of their warmest approbation of the Executive of the United States, for his instructions to our Envoys at Paris, of their indignation at the injurious conduct of the French Republic towards the United States, and pledging themselves, by the blessing of God, to aid their country against the machinations of its enemies, and in support of the national councils; and the address was read.

The bill more effectually to protect the commerce and coasts of the United States, was read the second time; and, after agreeing to an amendment,

The Senate went into Executive business, and adjourned.

TUESDAY, May 22.

Mr. READ presented the resolutions and address of the city of Charleston, in the State of South Carolina, expressive of their perfect satisfaction in the appointment, (by the Executive of the United States,) of a solemn embassy, to endeavor to remove all differences with the French Republic, and making a full, solemn, and explicit, declaration of their sincere attachment to the Constitution and Government, and their fixed resolu tion to maintain and support them, against all foreign encroachments and domination, at the hazard of their lives and fortunes; and the com

WILLIAM NORTH, appointed a Senator by the munications were read.

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Mr. BINGHAM presented the address and memorial of the citizens of the county of Alleghany, in the State of Pennsylvania; and

Mr. HOWARD presented the resolution of a respectable meeting of the citizens of the town of Liberty and its vicinity, in the upper part of District No. 3, in Frederick county, and State of Maryland, each expressive of similar sentiments; which were severally read.

The bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of Thomas Lewis," was read the second time, and referred to Messrs. TRACY, BROWN, and HOWARD, to consider and report thereon to the Senate.

The bill, sent from the House of Representatives for concurrence, entitled "An act respecting Loan Office and final settlement certificates, indents of interest, and the unfunded or registered debt, credited in the books of the Treasury," was read the second time, and referred to Messrs. BINGHAM, CHIPMAN, and TRACY, to consider and report thereon to the Senate.

A message from the House of Representatives informed the Senate that the House have passed a bill entitled "An act supplementary to, and to amend the act entitled 'An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject;" in which they desire the concurrence of the Senate.

Mr. GOODHUE, from the committee to whom were referred the amendments of the House of Representatives to the bill, entitled "An act authorizing the President of the United States to raise a provisional army," reported them without amendment.

On motion by Mr. MARSHALL, to amend the first clause of the last section, contained in the amendments, so that it read as follows:

"And be it further enacted, That the private soldiers who are, and who shall be, enlisted and employed in the service of the United States, shall be, and they are hereby, exempted, during their term of service, from all personal arrests, for any debt or contract, created or entered into subsequent to his or their enlistment;" It was determined in the negative-yeas 7, nays 16, as follows:

YEAS-Messrs. Anderson, Bloodworth, Brown, Mar

shall, Martin, Mason, and Tazewell.

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coasts of the United States; and agreed to a further amendment.

Resolved, That it pass to a third reading.

WEDNESDAY, May 23.

Mr. MARSHALL reported, from the committee appointed to consider the petition of Robert Campbell, by his agent William Lytle, that the committee can find no evidence which will entitle the said Campbell to a grant for the lands therein referred to, upon the conditions stated in his said petition, the warrant specified in the Surveyor's additional certificate not corresponding with the certificate of survey; and therefore report that the said Robert Campbell have leave to withdraw his said petition.

And the report was adopted.

Mr. GOODHUE presented the address of the inhabitants of the town of Lynn, in the Common-. wealth of Massachusetts, expressive of their approbation of the conduct of the Executive of the United States, particularly in respect to the negotiation with the French Republic; and pledging themselves to support the energetic measures of our magistrates, in the defence of the liberties of their country; and the address was read.

Mr. LLOYD presented the address of five hundred citizens of Kent county, in the State of Maryland; also, the address of two hundred and fifty inhabitants of the said county, approbating the measures of Government, and pledging their support; and the addresses were severally read.

The bill, sent from the House of Representatives for concurrence, entitled "An act supplementary to, and to amend the act entitled 'An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject," was read the second time, and referred to Messrs. BINGHAM, STOCKTON, and TAZEWELL, to consider and report thereon to the Senate.

Mr. BROWN, from the committee appointed the 3d instant, on the petition of Joseph Jamison and others, of Sciota river, and to whom was also referred the bill to amend an act entitled An act providing for the sale of the lands of the United States in the territory north west of the river Ohio," reported the bill amended.

NAYS-Messrs. Bingham, Chipman, Clayton, Fos-informed the Senate that the House have passed A message from the House of Representatives ter, Goodhue, Hillhouse, Howard, Hunter, Latimer,

Livermore, Lloyd, North, Read, Stockton, Tattnall, and Tracy.

And the report was adopted, and Resolved, That the Senate do concur in the amendments.

Mr. MARSHALL, from the committee to whom was referred the bill to alter and extend the provision of the act entitled "An act to establish the Judicial Courts of the United States," reported amendments.

The bill last brought from the House of Representatives was read, and ordered to the second reading.

The Senate resumed the second reading of the bill more effectually to protect the commerce and

for the marshals, clerks, attorneys, jurors, and a bill entitled "An act providing compensation witnesses, in the Courts of the United States, and to repeal certain parts of the acts therein mentioned, and for other purposes;" and the bill entitled "An act allowing an additional compensation to the Accountant of the War Department, for the year one thousand seven hundred and ninety-eight."

The bills last mentioned were read, and ordered to the second reading.

The bill more effectually to protect the commerce and coasts of the United States, was read the third time.

On motion, by Mr. MARTIN, to expunge the preamble, which is as follows:

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"Whereas armed vessels belonging to the Republic of France and citizens thereof, have committed depredations on the commerce of the United States, and have recently captured the vessels and property of citizens thereof, on and near the coasts, in violation of the law of nations and treaties between the United States

and the French nation:"

It passed in the negative-yeas 7, nays 16, as follows:

YEAS-Messrs. Anderson, Bloodworth, Hunter, Marshall, Martin, Mason, and Tazewell.

[MAY, 1798

compensation for the marshals, clerks, attorneys, jurors, and witnesses, in the courts of the United States, and to repeal certain parts of the acts therein mentioned, and for other purposes," was read the second time, and referred to Messrs. MASON, STOCKTON, and TRACY, to consider and report thereon to the Senate.

The bill, sent from the House of Representatives for concurrence, entitled "An act allowing an additional compensation to the Accountant of the War Department, for the year one thousand Clay-seven hundred and ninety-eight," was read the second time, and referred to Messrs. NORTH, TRAcy, and HUNTER, to consider and report thereon to the Senate.

NAYS-Messrs, Bingham, Brown, Chipman, ton, Foster, Goodhue, Hillhouse, Latimer, Livermore, Lloyd, North, Paine, Read, Stockton, Tattnall, and Tracy.

On motion, by Mr. ANDERSON, "that the bill The Senate resumed the second reading of the be postponed until we have certain accounts of bill concerning aliens; and, after debate, the furthe total failure of negotiation between the Uni-ther consideration thereof was postponed. ted States and the French Republic;" it passed in the negative-yeas 7, nays 16, as follows:

YEAS-Messrs. Anderson, Bloodworth, Brown, Marshall, Martin, Mason, and Tazewell.

NAYS-Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Hillhouse, Latimer, Livermore, Lloyd, North, Paine, Read, Stockton, Tattnall, and Tracy.

On motion to agree to the final passage of the bill, it was determined in the affirmative-yeas 16, nays 7, as follows:

YEAS-Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Hillhouse, Hunter, Latimer, Livermore, Lloyd, North, Paine, Read, Stockton, Tattnall, and Tracy.

NAYS-Messrs. Anderson, Bloodworth, Brown, Marshall, Martin, Mason, and Tazewell.

Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act more effectually to protect the commerce and coasts of the United States."

Mr. LLOYD presented the address of a respectable meeting of the citizens of Queen Ann's county, in the State of Maryland, expressive of their entire approbation of the measures of the Supreme Executive, and pledging their lives and fortunes to defend their country and its Government; and the address was read.

The report made yesterday from the committee to whom was referred the bill to alter and extend the provisions of the act, entitled "An act to establish the Judicial Courts of the United States,"

was read.

Ordered, That it lie for consideration.

THURSDAY, May 24.

FRIDAY, May 25.

The Senate resumed the third reading of the bill to alter and extend the provisions of the act, entitled "An act to establish the Judicial Courts of the United States."

On motion, by Mr. ANDERSON, it was agreed to reconsider the sixth section reported by the committee; and, on the question to agree thereto, in the following words:

"Sec. 6. And be it further enacted, That the first section of the act, entitled An act in addition to the act, entitled An act to establish the judicial courts of the United States,' be, and the same is hereby, repealed:"

It was determined in the negative-yeas 5, nays 19, as follows:

YEAS-Messrs. Livermore, Lloyd, Mason, North, and Tazewell.

NAYS-Messrs. Anderson, Bingham, Bloodworth, Brown, Chipman, Clayton, Foster, Goodhue, Hillhouse, Hunter, Latimer, Laurance, Marshall, Martin, Paine, Read, Stockton, Tattnall, and Tracy.

So it was Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act to alter and extend the provisions of the act, entitled An act to establish the Judicial Courts of the United States."

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A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act providing for the more effectual collection of certain internal revenues of the United States," in which they desire the concurrence of the Senate.

The bill last brought from the House of Representatives for concurrence was read, and orderto the second reading.

The Senate resumed the second reading of the bill concerning aliens.

The Senate took into consideration the amended ments reported yesterday by the committee to whom was referred the bill to alter and extend the provisions of the act, entitled "An act to establish the Judicial Courts of the United States," and having agreed to the report, the bill was amended accordingly, and the further consideration thereof postponed.

The bill, sent from the House of Representatives for concurrence, entitled " An act providing

On motion, to agree to the 7th section of the bill. amended as follows:

"Sec. 7. And be it further enacted, That every master or commander of any ship or vessel which shall come into any port of the United States, shall immediately, on his arrival, make report in writing to the collector or other chief officer of the customs in such port

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of all aliens, if any, on board his vessel, specifying their names, age, place of nativity, the country from which they shall have come, the nation to which they belong and owe allegiance, their occupation, and a description of their persons, as far as he shall be informed thereof. And, on failure, every such master or commander shall forfeit and pay dollars; for the payment whereof,

in default of the master or commander, such vessel shall also be holden, and may by such collector, or other officer of the customs, be detained. And it shall be the duty of such collector, or other officer of the customs, to transmit forthwith to the officer of the Department of State, true copies of all such returns."

It was determined in the affirmative-yeas 22, nays 1, as follows:

YEAS-Messrs. Anderson, Bingham, Bloodworth, Brown, Chipman, Clayton, Foster, Goodhue, Hillhouse, Hunter, Laurance, Lloyd, Marshall, Martin, Mason, North, Paine, Reed, Stockton, Tattnall, Tazewell, and Tracy.

NAY-Mr. Livermore.

Ordered, That the further consideration of the bill be postponed.

MONDAY, May 28.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act providing for the relief of persons imprisoned for debts due to the United States;" and a bill, entitled "An act supplementary to an act, entitled "An act for the relief of persons imprisoned for debt;" in which they desire the concurrence of the Senate.

The bills last mentioned were read, and ordered to the second reading.

The bill, sent from the House of Representatives for concurrence, entitled "An act providing for the more effectual collection of certain internal revenues of the United States," was read the second time, and referred to Messrs. HILLHOUSE, STOCKTON, and TAZEWELL, to consider and report thereon to the Senate.

Mr. LLOYD presented the resolutions and address of a respectable number of the citizens of the lower end of Frederick county, in the State of Maryland, signed Andrew Scriver, chairman; also, the resolutions of a large number of citizens, assembled in the court-house in Somerset county, in the said State, signed John Doane, chairman, approving the conduct of the supreme Executive of the United States, particularly in regard to his measures respecting an accommodation of the subsisting difference with the French Republic; and pledging their lives and fortunes in the defence of their country, and in the support of its Government; and the resolutions and address were read.

The Senate resumed the second reading of the bill concerning aliens.

On motion, by Mr. MARSHALL, to amend the 8th section, to be read as follows:

"SEC. 8. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to have

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removed out of the territory thereof any alien who may or shall be imprisoned, under this act, for speaking, writing, or printing, contrary to the provisions thereof, any thing herein to the contrary notwithssanding :"

It was determined in the negative-yeas 8, nays 14, as follows:

YEAS-Messrs. Anderson, Bloodworth, Brown, Hunter, Marshall, Mason, Tattnall, and Tazewell. NAYS-Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Hillhouse, Laurance, Livermore, Lloyd, Martin, North, Paine, Read, and Tracy.

On motion, by Mr. LIVERMORE, to expunge the 8th section of the bill, it was determined in the negative-yeas 10, nays 13, as follows:

YEAS-Messrs. Anderson, Bloodworth, Brown, Hunter, Livermore, Marshall, Martin, Mason, Tattnall, and Tazewell.

NAYS-Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Hillhouse, Laurance, Lloyd, North, Paine, Read, Stockton, and Tracy.

On motion, by Mr. MASON, to expunge the 9th section, which is as follows:

"Sec. 9. And be it further enacted, That it shall be lawful for the President of the United States to send or remove, out of the territory thereof, all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the Government thereof; such alien having obtained a permit, agreeably to the provisions of this act, notwithstanding :'

It was determined in the negative-yeas 10, nays 13, as follows:

YEAS-Messrs. Anderson, Bloodworth, Brown, Hunter, Livermore, Marshall, Martin, Mason, Tattnall, and

Tazewell.

NAYS-Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Hillhouse, Laurance, Lloyd, North, Paine, Read, Stockton, and Tracy.

On motion, by Mr. MARSHALL, to amend the bill, by adding to the end of the 9th section as follows, to wit:

"And whenever the President of the United States

shall cause any alien to be removed out of the United States, the facts on which the order of removal are founded, together with the order itself, and specifying the manner and time of removal, with the place where the party shall be left, shall be entered in a well-bound book, to be kept in the office of the Secretary of the Department of State, for the inspection of Congress; and such order shall be executed by such persons as shall be named therein :"

It passed in the negative-yeas 10, nays 13, as follows:

YEAS-Messrs. Anderson, Bloodworth, Brown, Hunter, Livermore, Marshall, Martin, Mason, Tattnall, and

Tazewell.

NAYS-Messrs. Bingham, Chipman, Clayton, Foster, Goodhue, Hillhouse, Laurance, Lloyd, North, Paine, Read, Stockton, and Tracy.

TUESDAY, May 29.

The bill, sent from the House of Representatives for concurrence, entitled "An act providing

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