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JOLY, 1798.)

Proceedings.

(SENATE.

the bill without amendment; and the report was sentatives, entitled "An act authorizing the grant adopted.

and conveyance of a certain lot of ground to Elie The bill was then read a third time and passed. Williams, reported the bill without amendment;

The petition of John Messing, exhibiting his which report was adopted. claim to a certain tract of land in the State of The bill was then read a third time and passed. New Hampshire, was presented and read.

Mr. Tracy, from the committee to whom was Ordered, That this petition lie on file.

referred the bill, sent from the House of RepreThe bill, sent from the House of Representa- sentatives, entitled “ An act making certain additives, entitled “An act respecting balances reported tional appropriations for the year one thousand against certain States, by the Commissioners ap- seven hundred and ninety-eight,” reported the bill pointed to settle the accounts between the United without amendment. States and the several States," was read a third The bill was then read the third time, and time.

passed. On motion to postpone the consideration of this Resolved, That the bill, sent from the House of bill until the next session of Congress, it was de Representatives, entitled “An act to alter the termined in the negative-yeas 8, nays 11, as time of making entry of stills,” be postponed follows:

until the next session of Congress; also, that the Yeas—Messrs. Anderson, Brown, Goodhue, Hill-committee to whom was referred the bill, sent house, Martin, Sedgwick, Tazewell, and Tracy. from the House of Representatives, entitled "An

Nays—Messrs. Bingham, Chipman, Foster, Greene, act for the relief of Reuben Smith and Nathan Howard, Latimer, Laurance, Livermore, North, Read, Strong, and of Peter A upoix,” be discharged from and Rutherfurd.

the consideration thereof, and that the bill be postOn motion to strike out these words from sec- poned until the next session of Congress. tion first, lines seventh and eighth, “ or in the pur

Ordered, That the report of the committee on chase of arms for the militia of such State ;" it the cession of a tract of land by the State of Conpassed in the negative.

necticut to the United States, be postponed to the On motion, by Mr. Brown, to strike out, from next session of Congress. section first, lines ninth and tenth, these words:

Mr. LAURANCE, from the committee to whom " or to the sum assumed by the United States in was referred the Message of the President of the the debt of such State ;” it was determined in the United States of the 13th instant, made report; negative-yeas 6, nays 13, as follows:

which was read. Yeas--Messrs. Anderson, Brown, Foster, Greene,

Ordered, That it lie for consideration. Hillhouse, and Tazewell.

A message from the House of Representatives Nars—Messrs Bingham, Chipman, Goodhue, How- informed the Senate that the House concur in ard, Latimer, Laurance, Livermore, Martin, North, the bill, sent from the Senate, entitled “ An act Read, Rutherfurd, Sedgwick, and Tracy.

to amend the act, entitled 'An act to suspend the The final passage of the bill was determined in and France, and the dependencies thereof," with

commercial intercourse between the United States the negative-yeas 9, nays 10, as follows:

an amendment, in which they desire the concurYEAS-Messrs. Bingham, Chipman, Howard, Lati- rence of the Senate. mer, Laurauce, Livermore, North, Read, and Ruth

The Senate took into consideration the amenderfurd. Narz-Messrs. Anderson, Brown, Foster, Goodhue, last mentioned.

ment of the House of Representatives to the bill Greene, Hillhouse, Martin, Sedgwick, Tazewell, and

Resolved, That they do not concur in the said Tracy.

amendment. So it was Resolved, That this bill do not pass. A message from the House of Representatives

The bill, sent from the House of Representa- informed the Senate that the House insist on their tives, entitled “ An act for allowing an additional amendment to the bill, sent from the Senate, enticompensation to the principal and the two en- tled “ An act to amend the act, entitled 'An act grossing clerks in the office of the Clerk of the to suspend the commercial intercourse between House of Representatives, for their services dur- the United States and France, and the dependening the present session of Congress," was read. cies thereof;" ask a conference thereon, and have

On motion, the bill was read a second and third appointed managers at the same on their part. time; and, being amended,

The Senate took into consideration the resoluResolved, That this bill pass with amendments. tion of the House of Representatives insisting on

The bill to amend the act entitled “ An act to their amendment to the bill, entitled "An act to suspend the commercial intercourse between the amend the act, entitled 'An act to suspend the United States and France, and the dependencies commercial intercourse between the United States thereof,” was read a third time.

and France, and the dependencies thereof," and Resolved, That this bill pass; that it be en- asking a conference on the disagreeing votes of grossed ; and that the title thereof be “ An act to the two Houses.

the commercial intercourse between the United States conference, and that Messrs. Bingham and Goodand France, and the dependencies thereof." HUE be managers at the same on the part of the

Mr. Brown, from the committee to whom was Senate. referred the bill

, sent from the House of Repre Mr. Bingham, from the committee of confer

PRESENT :

SENATE.]
Executive Session.

[JULY. 1798. ence, on the bill, entitled "An act to amend the

EXECUTIVE SESSION. act, entitled ' An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof," made a report.

Tuesday, July 17, 1798. Whereupon,

Resolved, That the Senate do recede from their Agreeably to the adjournment of yesterday, as disagreement to the amendment of the House of stated at large in the Legislative proceedings, the Representatives, so far as agree thereto with an

Senate assembled. amendment. A message from the House of Representatives

Theodore SedGWICK, President pro tempore, informed the Senate, that the House recede from from the State of Massachusetts ; their amendment to the bill, entitled "An act to

BENJAMIN Goodhue, from Massachusetts ; amend the act, entitled 'An act to suspend the

NATHANIEL CHIPMAN, from Vermont; commercial intercourse between the United States

James Hillary and Urian Tracy, from Conand France, and the dependencies thereof," so far necticut; as to agree thereto with the amendment of the

THEODORE Foster and Ray Greene, from Senate to their amendment.

Rhode Island; Resolved, That John Vaughan have leave to

John LAURANCE and William North, from withdraw his papers.

New York ; The Senate took into consideration the report

John Rutherford, from New Jersey; of the committee to whom was referred the Mes

William Bingham, from Pennsylvania; sage of the President of the United States of the

HENRY LATIMER, from Delaware; 13th instant, and which is as follows:

John E. HOWARD, from Maryland ; “ That as, in the opinion of the President, certain HENRY Tazewell, from Virginia ; measures of Executive authority will require the con John Brown, from Kentucky; sideration of the Senate, and which could not be ma Joseph Anderson, from Tennessee; tured before Monday or Tuesday, it is the opinion of ALEXANDER MARTIN, from North Carolina ; the committee, that the Senate should adjourn in their

Jacob READ, from South Carolina.
Executive capacity to meet to-morrow at the Senate
Chamber, at ten o'clock in the forenoon, on Executive

Ordered, That the following summons,

directed business.'

to the Senators of the United States, respectively,

be entered on the Journals: And the report was adopted. A message from the House of Representatives in- | The President of the United States to

Senator formed the Senate, that the House have appointed

for the State of a joint committee on their part to wait on the Certain matters touching the public good, requiring President of the United States, and notify him, that the session of the Senate, for Executive business, that, unless he may have any further communica- should be continued, and that the members thereof tions to make to the two Houses of Congress, they should convene on Tuesday, the 17th day of July, inst., are ready to adjourn; and desire the appointment you are desired to attend at the Senate Chamber, in of a committee on the part of the Senate. Philadelphia, on that day, at ten o'clock in the forenoon,

The Senate took into consideration this resolu- then and there to receive and deliberate on such comtion of the House of Representatives.

munications as shall be made to you on my part.

JOHN ADAMS. Resolved, That they do concur therein, and that Messrs. Chipman and Greene be the committee

UNITED STATES, July 16, 1798. on the part of the Senate.

The Senate took into consideration the nominaMr. CHIPMAN reported, from the joint commit- tions of the Commissioners, under an act of Contee, that they had waited on the President of the gress, passed in the present session, to provide for United States, who informed them that he had the valuation of lands and houses, and for the enunothing further to communicate to Congress, ex- meration of slaves, as contained in the Message of cept what might result from the last enrolled bill the President of the United States, of the 16th innow under his consideration.

stant. Whereupon, Ordered, That the Secretary acquaint the Resolved, That they do advise and consent to House of Representatives therewith ; and that the the appointments

, agreeably to the nominations, Senate, having finished the Legislative business respectively. before them, are about to adjourn.

Ordered, That the Secretary lay this resolution A message from the House of Representatives before the President of the United States. informed the Senate, that the House having fin The Senate took into consideration the Mesished the business before them, are about to ad- sage of the President of the United States, of the journ to the first Monday in December next. 16th instant, and the nominations contained there

The Senate then went into the consideration of in, of Jonathan Dayton and William Ward BurExecutive business-after which,

rows, respectively, to office. The PRESIDENT declared the Senate, so far as Resolved, That the consideration of the nomirespects its Legislative func journed to the nation of Jonathan Dayton be postponed. time by the Constitution prescribed ; and, in its Resolved, that the Senate do advise and conExecutive capacity, until to-morrow morning at sent to the appointment of William Ward Burten o'clock.

rows, agreeably to the nomination.

July, 1798.]

Proceedings.

[SENATE.

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Ordered, That the Secretary lay this resolution ry of War, your favor of the 7th, announcing that you before the President of the United States.

had, with the advice and consent of the Senate, apThe Senate resumed the consideration of the pointed me Lieutenant General and Commander-innomination of “Daniel McNeal, to be a captain in Chief of all the armies raised or to be raised for the ser. the navy, to take rank from the 5th of June, 1798,” vice of the United States. as contained in the Message of the President of I cannot express how greatly affected I am at this the United States, of the 13th instant.

new proof of public confidence, and the highly flatterMr. North, from the committee appointed to ing manner in which you have been pleased to make consider this Message, made a report:

the communication; at the same time I must not con“ That it appeared from a conversation which the ceal from you my earnest wish that the choice had committee had with the President, that he considered fallen upon a man less declined in years

, and better that part of his communication, which relates to Cap- qualified to encounter the usual vicissitudes of war. tain Neal's taking rank from the 5th of June last, mere

You know, sir, what calculation I had made relative ly as a memorandum. That he was exclusively invest to the probable course of events on my retiring from ed with the power of settling the rank of officers, on office, and the determination I had consoled myself their receiving appointments from the Senate ; and that with, of closing the remnant of my days in my present the insertion of the time from which Captain Neal is to peaceful abode ; you will

, therefore, be at no loss to take rank, is not binding on, or of consequence to the conceive and appreciate the sensations I must have exSenate, and therefore may, or may not, be acted upon perienced to bring my mind to any conclusion that by that body, or inserted in their Journals, at their plea- would pledge me, at so late a period of life, to leave sure."

scenes I sincerely love, to enter upon the boundless

field of public action, incessant trouble, and high reOn motion to divide the question on the nomi sponsibility. nation of Daniel McNeal, to the word “ navy,” inclusive;

It was not possible for me to remain ignorant of, or The question of order was called for, which was Directory of France towards our country; their insidi

indifferent to, recent transactions. The conduct of the by the President submitted to the Senate, who de- ous hostility to its Government; their various practices termined that the divison of it is in order.

to withdraw the affections of the people from it ; the And, on motion to agree to the first division of evident tendency of their acts and those of their agents the question, as above stated, it was determined in to countenance and invigorate opposition; their disthe affirmative.

regard of solemn treaties and the laws of nations ; their On motion, to agree to the subsequent division war upon our defenceless commerce; their treatment of the question, to wit: “to take rank from the of our ministers of peace; and their demands, amount5th of June, 1798;" it was determined in the ing to tribute ; could not fail to excite in me corresnegative.

ponding sentiments with those my countrymen have Resolved, That the Senate do advise and con- so generally expressed in their affectionate addresses to sent to the appointment of “ Daniel McNeal, to you. Believe me, sir, no one can more cordially apbe a captain in the navy."

prove of the wise and prudent measures of your AdOrdered, That the Secretary lay this resolution ministration. They ought to inspire universal confibefore the President of the United States.

dence; and will, no doubt, combined with the tate of On motion, to advise and consent to the appoint- things, call from Congress such laws and means as ment of “ Thomas Williams, of Virginia, also to

will enable you to meet the full force and extent of the

crisis. be a captain in the navy,” agreeably to the nomination of the 13th instant it was determined in

Satisfied, therefore, that you have sincerely wished the affirmative.

and endeavored to avert war, and exhausted, to the last Resolved, That the Senate do advise and con

drop, the cup of reconciliation, we can with pure hearts

and sent to the appointment of Thomas Williams, of appeal to Heaven for the justice of our cause, may Virginia, to be a captain in the

confidently trust the final result to that kind Provi.

navy: Ordered, That the Secretary lay this resolution dence who has heretofore, and so often, signally favorbefore the President of the United States.

ed the people of these United States.

Thinking in this manner, and feeling how incum.

bent it is upon every person, of every description, to WEDNESDAY, July 18.

contribute at all times to his country's welfare, and esThe following Message was received from the pecially in a moment like the present, when every PRESIDENT OF THE UNITED STATES :

thing we hold dear and sacred is so seriously threatened, Gentlemen of the Senate :

I have finally determined to accept the commission of

Commander-in-Chief of the Armies of the United States; Believing that the letter received this morning from with the reserve only that I shall not be called into the General Washington, will give high satisfaction to the field until the Army is in a situation to require my preSenate, I transmit them a copy of it, and congratulate sence, or it becomes indispensable by the urgency of them and the public on this great event—the General's circumstances. acceptance of his appointment as Lieutenant General and Commander-in-Chief of the Army.

In making this reservation, I beg it to be understood, JOHN ADAMS.

that I do not mean to withhold any assistance to arUNITED STATES, July 17, 1798.

range organize the Army, which you may think I

can afford. I take the liberty also to mention, that I Mount Vernon, July 13, 1798.

must decline having my acceptance considered as drawDEAR SIR: I had the honor, on the evening of the ing after it any immediate charge upon the public, or Ilth instant, to receive from the hands of the Secreta- that I can receive any emoluments annexed to the ap

SENATE.]

Proceedings.

[July, 1798.

pointment, before entering into a situation to incur ex The Message was read, and ordered to lie for pense.

consideration. The Secretary of War being anxious to return to the seat of Government, I have detained him no longer than was necessary to a full communication upon the

THURSDAY, July 19. several points he had in charge.

The Senate took into consideration the Message With very great respect and consideration, I have of the President of the United States, of the 18th the honor to be, dear sir, your most obedient and hum- instant, and the nomination contained therein, of ble servant,

G. WASHINGTON.

William Winder, to office. Whereupon, John Adams, President of the United States.

Resolved, That they do advise and consent to

the appointment, agreeably to the nomination. The Message and letter were read, and five hun

Ordered. That the Secretary lay this resolution dred copies thereof ordered to be printed for the before the President of the United States. use of the Senate.

The Senate took into consideration the Message The following Message was received from the of the President of the United States, of the 18th PRESIDENT OF THE UNITED STATES :

instant, and the nominations contained therein, of Gentlemen of the Senate :

Alexander Hamilton, and others, to military apI nominate Alexander Hamilton, of New York, to be pointments. Whereupon, Inspector General of the Army, with the rank of Major

Resolved, That they do advise and consent to General.

the appointments, agreeably to the nominations, Charles Cotesworth Pinckney, of South Carolina, to respectively; except to that of William Stevens be a Major General.

Smith, of New York, to be Adjutant General, with Henry Knox, of Massachusetts, to be a Major Gen- the rank of Brigadier General, to which they do eral.

not advise and consent. Henry Lee, of Virginia, to be a Major General of the Ordered, That the Secretary lay this resolution Provisional Army.

before the President of the United States. Edward Hand, of Pennsylvania, to be a Major Gen Ordered, That Mr. Bingham and Mr. LAURANCE eral of the Provisional Army.

be a committee to wait on the President of the John Brooks, of Massachusetts, to be a Brigadier United States, and notify him, that, having finished General.

the Executive business before them, they are ready William Washington, of South Carolina, to be a to adjourn, unless he may have any further matBrigadier General.

ters for their consideration. Jonathan Dayton, of New Jersey, to be a Brigadier

Mr. Bingham reported, from the committee last General. William Stevens Smith, of New York, to be Adju-l informed them that he had a further communica

mentioned, that the President of the United States tant General, with the rank of Brigadier General. Ebenezer Huntington, of Connecticut, to be a Briga

tion to make to the Senate. dier General of the Provisional Army.

The following Message was received from the Anthony Walton White, to be a Brigadier General PRESIDENT OF THE UNITED STATES: of the Provisional Army.

Gentlemen of the Senate : William Richison Davie, of North Carolina, to be a

I nominate William North, of New York, to be Ad. Brigadier General of the Provisonal Army.

jutant General of the Army, with the rank of Brigadier John Sevier, of Tennessee, to be a Brigadier Gene- General. ral of the Provisional Army.

JOHN ADAMS.“ James Craik, of Virginia, to be Physician General of

UNITED STATES, July 19, 1798. the Army.

JOHN ADAMS. The Message was read. July 18, 1798.

On motion, it was agreed, by unanimous conThe Message was read, and ordered to lie for sent, to dispense with the rule, and that the said

nomination be now considered. Whereupon. consideration.

Resolved, That they do advise and consent to The following Message was received from the the appointment, agreeably to the nomination. PRESIDENT OF THE UNITED STATES :

Ordered, That the Secretary lay this resolution Gentlemen of the Senate :

before the President of the United States. WhereI nominate William Winder, of Maryland, to be Ac- upon, countant of the Navy.

JOHN ADAMS. The President adjourned the Senate to the first July 18, 1798.

Monday in December next, to meet in this place.

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AT THE SECOND SESSION OF THE FIFTH CONGRESS, BEGUN AT THE CITY OF

PHILADELPHIA, MONDAY, NOVEMBER 13, 1797.

LIAMS.

WICK.

Monday, November 13, 1797.

AS; from Delaware, James A. BAYARD; from This being the day appointed by law for the Virginia, Richard BRENT; from North Carolina, meeting of Congress, the House of Representa- ROBERT WILLIAMS; from South Carolina, Wiltives assembled in their Chamber, and the follow- LIAM Smith; and from Georgia, Abraham Balding members answered to their names, to wit:

win, appeared, and took their seats in the House. From New Hampshire.—Abiel FOSTER.

But a quorum of the whole number not being From Massachusetts. Stephen Bullock, Sa- present, the House adjourned until to-morrow MUEL LYMAN, John Reed, William SHEPARD, morning, eleven o'clock. GEORGE THATCHER, Joseph B. VARNUM, and PeLEG WADSWORTH.

WEDNESDAY, November 15. From Connecticut.—-John Allen, Joshua

Several other members, to wit: from New JerCort, Roger Griswold, and NATHANIEL Smith.

sey, JAMES H. IMLAY; from Pennsylvania, WilFrom New York.-Lucas ELMENDORPH, HEN- LIAM Findley; and' from Maryland, WILLIAM RY GLEN, Jonathan N. Havens, Hezekiah L. Hindman, appeared, and took their seats in the HOSMER, John E. VAN ALEN, and John Wil-House. From New Jersey.—Jonathan Dayton,(Speak- whole number, being present, the oath to support

And a quorum, consisting of a majority of the er,) and ThomAS SINNICKSON.

the Constitution of the United States was adminFrom Pennsylvania.- John CHAPMAN, ALBERT istered, by Mr. SPEAKER, to the following new Gallatin, Thomas Hartley, and John Swan members, to wit:

Isaac Parker, Thomas Tillinghast, and From Maryland.-George Baer, junior, Wil- William Edmond, who took their seats in the LIAM CRAIK, GEORGE Dent, and Richard SPRIGG, House on Monday last. junior. From Virginia.—John Dawson, D. HOLMES, form them that a quorum of the House is assem

A message was then sent to the Senate, to inJames Machir, DANIEL MORGAN, and ANTHONY bled, and were ready to proceed to business. New.

On motion, Ordered, That the Clerk of this North Carolina.-Matthew LOCKE, NATHAN- House cause the members to be furnished, during IEL Macon, and RICHARD STANFORD.

the present session, with three newspapers, such as South Carolina.-Robert Goodloe HARPER, the members, respectively, shall choose, to be deand John RUTLEDGE, junior.

livered at their lodgings; provided they do not exSeveral new members, to wit: Isaac Parker, ceed the price at which subscribers are furnished from Massachusetts ; THOMAS TILLINGHAST, re- with them. turned to serve as a member of this House, for the

Ordered, That a Committee of Revisal and State of Rhode Island, in the room of Elisha R. Unfinished Business be appointed, pursuant to the Potter. who has resigned his seat; and William Standing Rules and Orders of the House: EDMOND, returned to serve in this House, as a

And a committee was appointed, of Mr. Macon, mernber for Connecticut, in the room of James Mr. Lyman, and Mr. Havens. Davenport, deceased, appeared, produced their cre And then the House adjourned until to-morrow dentials, and took their seats in the House.

morning, eleven o'clock.
But a quorum of the whole number not being
present, the House adjourned until to-morrow
morning, eleven o'clock.

Thursday, November 16.
Several other members, to wit: from Vermont

Lewis R. MORRIS; from New York, James
Tuesday, November 14.

Cochran, and EDWARD Livingston; from VirSeveral other members, to wit: from Massachu-ginia, Matthew Clay, Thomas Evans, Walter setts, HARRISON G. Otis; from Rhode Island, JONES, Abram Trigg, and John Trigg; and from CHRISTOPHER G. Champlin; from Connecticut, North Carolina, William BARRY Grove, appearSAMUEL W. Dana and Chauncey GOODRICH ; ed, and took their seats in the House. from Vermont, Matthew Lyon; from Pennsyl And then the House adjourned until to-morrow vania, Blair McCLENACAAN and Richard Thom- morning, eleven o'clock.

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