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the bill without amendment; and the report was adopted.

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

Ordered, That this petition lie on file.

The bill, sent from the House of Representatives, entitled "An act respecting balances reported against certain States, by the Commissioners appointed to settle the accounts between the United States and the several States," was read a third time.

On motion to postpone the consideration of this bill until the next session of Congress, it was determined in the negative-yeas 8, nays 11, as follows:

YEAS-Messrs. Anderson, Brown, Goodhue, Hillhouse, Martin, Sedgwick, Tazewell, and Tracy. NAYS-Messrs. Bingham, Chipman, Foster, Greene, Howard, Latimer, Laurance, Livermore, North, Read,

and Rutherfurd.

pur

On motion to strike out these words from section first, lines seventh and eighth, "or in the chase of arms for the militia of such State," it passed in the negative.

On motion, by Mr. BROWN, to strike out, from section first, lines ninth and tenth, these words: "or to the sum assumed by the United States in the debt of such State;" it was determined in the negative-yeas 6, nays 13, as follows:

YEAS--Messrs. Anderson, Brown, Foster, Greene, Hillhouse, and Tazewell.

NAYS-Messrs Bingham, Chipman, Goodhue, ard, Latimer, Laurance, Livermore, Martin, North, Read, Rutherfurd, Sedgwick, and Tracy.

[SENATE.

sentatives, entitled "An act authorizing the grant and conveyance of a certain lot of ground to Elie Williams," reported the bill without amendment; which report was adopted.

The bill was then read a third time and passed. Mr. TRACY, from the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act making certain additional appropriations for the year one thousand seven hundred and ninety-eight," reported the bill without amendment.

The bill was then read the third time, and passed.

Resolved, That the bill, sent from the House of Representatives, entitled "An act to alter the time of making entry of stills," be postponed until the next session of Congress; also, that the committee to whom was referred the bill, sent from the House of Representatives, entitled "An act for the relief of Reuben Smith and Nathan Strong, and of Peter Aupoix," be discharged from the consideration thereof, and that the bill be postponed until the next session of Congress.

Ordered, That the report of the committee on the cession of a tract of land by the State of Connecticut to the United States, be postponed to the next session of Congress.

Mr. LAURANCE, from the committee to whom was referred the Message of the President of the United States of the 13th instant, made report;

which was read.

Ordered, That it lie for consideration.

A message from the House of Representatives How-informed the Senate that the House concur in the bill, sent from the Senate, entitled "An act to amend the act, entitled 'An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof,” with an amendment, in which they desire the concurrence of the Senate.

The final passage of the bill was determined in the negative-yeas 9, nays 10, as follows:

YEAS-Messrs. Bingham, Chipman, Howard, Latimer, Laurance, Livermore, North, Read, and Rutherfurd.

NAYS-Messrs. Anderson, Brown, Foster, Goodhue, Greene, Hillhouse, Martin, Sedgwick, Tazewell, and Tracy.

So it was Resolved, That this bill do not pass. The bill, sent from the House of Representatives, entitled "An act for allowing an additional compensation to the principal and the two engrossing clerks in the office of the Clerk of the House of Representatives, for their services during the present session of Congress," was read.

On motion, the bill was read a second and third time; and, being amended,

Resolved, That this bill pass with amendments. The bill to amend the act entitled "An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof," was read a third time.

Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act to amend the act entitled 'An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof."

Mr. BROWN, from the committee to whom was referred the bill, sent from the House of Repre

The Senate took into consideration the amendment of the House of Representatives to the bill last mentioned.

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

A message from the House of Representatives informed the Senate that the House insist on their amendment to the bill, sent from the Senate, entitled "An act to amend the act, entitled 'An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof;" ask a conference thereon, and have appointed managers at the same on their part.

The Senate took into consideration the resolution of the House of Representatives insisting on their amendment to the bill, entitled "An act to amend the act, entitled 'An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof," and asking a conference on the disagreeing votes of the two Houses.

Resolved, That they do agree to the proposed conference, and that Messrs. BINGHAM and GOODHUE be managers at the same on the part of the Senate.

Mr. BINGHAM, from the committee of confer

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A message from the House of Representatives informed the Senate, that the House recede from their amendment to the bill, entitled "An act to amend the act, entitled 'An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof," so far as to agree thereto with the amendment of the Senate to their amendment.

Resolved, That John Vaughan have leave to withdraw his papers.

The Senate took into consideration the report of the committee to whom was referred the Message of the President of the United States of the 13th instant, and which is as follows:

"That as, in the opinion of the President, certain measures of Executive authority will require the consideration of the Senate, and which could not be matured before Monday or Tuesday, it is the opinion of the committee, that the Senate should adjourn in their Executive capacity to meet to-morrow at the Senate Chamber, at ten o'clock in the forenoon, on Executive business."

And the report was adopted.

A message from the House of Representatives informed the Senate, that the House have appointed a joint committee on their part to wait on the President of the United States, and notify him, that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn; and desire the appointment of a committee on the part of the Senate.

The Senate took into consideration this resolution of the House of Representatives.

Resolved, That they do concur therein, and that Messrs. CHIPMAN and GREENE be the committee on the part of the Senate.

Mr. CHIPMAN reported, from the joint committee, that they had waited on the President of the United States, who informed them that he had nothing further to communicate to Congress, except what might result from the last enrolled bill now under his consideration.

Ordered, That the Secretary acquaint the House of Representatives therewith; and that the Senate, having finished the Legislative business before them, are about to adjourn.

A message from the House of Representatives informed the Senate, that the House having finished the business before them, are about to adjourn to the first Monday in December next.

The Senate then went into the consideration of Executive business-after which,

The PRESIDENT declared the Senate, so far as respects its Legislative functions, adjourned to the time by the Constitution prescribed; and, in its Executive capacity, until to-morrow morning at ten o'clock.

[JULY, 1798.

EXECUTIVE SESSION.

TUESDAY, July 17, 1798.

Agreeably to the adjournment of yesterday, as stated at large in the Legislative proceedings, the Senate assembled.

PRESENT:

THEODORE SEDGWICK, President pro tempore, from the State of Massachusetts;

BENJAMIN GOODHUE, from Massachusetts;
NATHANIEL CHIPMAN, from Vermont;

JAMES HILLARY and URIAH TRACY, from Connecticut;

THEODORE FOSTER and RAY GREENE, from Rhode Island;

JOHN LAURANCE and WILLIAM NORTH, from New York;

JOHN RUTHERFURD, from New Jersey;
WILLIAM BINGHAM, from Pennsylvania;
HENRY LATIMER, from Delaware;
JOHN E. HOWARD, from Maryland;
HENRY TAZEWELL, from Virginia;
JOHN BROWN, from Kentucky;
JOSEPH ANDERSON, from Tennessee;
ALEXANDER MARTIN, from North Carolina;
JACOB READ, from South Carolina.

Ordered, That the following summons, directed to the Senators of the United States, respectively, be entered on the Journals:

The President of the United States to

for the State of

Senator

Certain matters touching the public good, requiring that the session of the Senate, for Executive business, should be continued, and that the members thereof should convene on Tuesday, the 17th day of July, inst., you are desired to attend at the Senate Chamber, in Philadelphia, on that day, at ten o'clock in the forenoon, then and there to receive and deliberate on such communications as shall be made to you on my part. JOHN ADAMS.

UNITED STATES, July 16, 1798.

The Senate took into consideration the nominations of the Commissioners, under an act of Congress, passed in the present session, to provide for the valuation of lands and houses, and for the enumeration of slaves, as contained in the Message of the President of the United States, of the 16th instant. Whereupon,

Resolved, That they do advise and consent to the appointments, agreeably to the nominations, respectively.

Ordered, That the Secretary lay this resolution before the President of the United States.

The Senate took into consideration the Message of the President of the United States, of the 16th instant, and the nominations contained therein, of Jonathan Dayton and William Ward Burrows, respectively, to office.

Resolved, That the consideration of the nomination of Jonathan Dayton be postponed.

Resolved, That the Senate do advise and consent to the appointment of William Ward Burrows, agreeably to the nomination.

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Ordered, That the Secretary lay this resolution before the President of the United States.

The Senate resumed the consideration of the nomination of "Daniel McNeal, to be a captain in the navy, to take rank from the 5th of June, 1798," as contained in the Message of the President of the United States, of the 13th instant.

Mr. NORTH, from the committee appointed to consider this Message, made a report:

[SENATE.

ry of War, your favor of the 7th, announcing that you had, with the advice and consent of the Senate, appointed me "Lieutenant General and Commander-inChief of all the armies raised or to be raised for the service of the United States.

I cannot express how greatly affected I am at this new proof of public confidence, and the highly flattering manner in which you have been pleased to make the communication; at the same time I must not conceal from you my earnest wish that the choice had fallen upon a man less declined in years, and better

"That it appeared from a conversation which the committee had with the President, that he considered 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, merely as a memorandum. That he was exclusively invested with the power of settling the rank of officers, on their receiving appointments from the Senate; and that the insertion of the time from which Captain Neal is to take rank, is not binding on, or of consequence to the Senate, and therefore may, or may not, be acted upon by that body, or inserted in their Journals, at their plea

sure."

On motion to divide the question on the nomination of Daniel McNeal, to the word "navy," inclusive;

You know, sir, what calculation I had made relative to the probable course of events on my retiring from office, and the determination I had consoled myself with, of closing the remnant of my days in my present peaceful abode; you will, therefore, be at no loss to conceive and appreciate the sensations I must have experienced to bring my mind to any conclusion that would pledge me, at so late a period of life, to leave scenes I sincerely love, to enter upon the boundless field of public action, incessant trouble, and high responsibility.

It was not possible for me to remain ignorant of, or indifferent to, recent transactions. The conduct of the The question of order was called for, which was Directory of France towards our country; their insidiby 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.

And, on motion to agree to the first division of the question, as above stated, it was determined in the affirmative.

On motion, to agree to the subsequent division of the question, to wit: "to take rank from the 5th of June, 1798;" it was determined in the negative.

Resolved, That the Senate do advise and consent to the appointment of "Daniel McNeal, to be a captain in the navy."

Ordered. That the Secretary lay this resolution before the President of the United States.

On motion, to advise and consent to the appointment of "Thomas Williams, of Virginia, also to be a captain in the navy," agreeably to the nomination of the 13th instant it was determined in the affirmative.

Resolved, That the Senate do advise and consent to the appointment of Thomas Williams, of Virginia, to be a captain in the navy.

Ordered, That the Secretary lay this resolution before the President of the United States.

WEDNESDAY, July 18.

to withdraw the affections of the people from it; the evident tendency of their acts and those of their agents to countenance and invigorate opposition; their disregard of solemn treaties and the laws of nations; their war upon our defenceless commerce; their treatment of our ministers of peace; and their demands, amounting to tribute; could not fail to excite in me corresponding sentiments with those my countrymen have so generally expressed in their affectionate addresses to you. Believe me, sir, no one can more cordially approve of the wise and prudent measures of your Administration. They ought to inspire universal confidence; and will, no doubt, combined with the state of will enable you to meet the full force and extent of the things, call from Congress such laws and means as

crisis.

Satisfied, therefore, that you have sincerely wished and endeavored to avert war, and exhausted, to the last drop, the cup of reconciliation, we can with pure hearts appeal to Heaven for the justice of our cause, and may confidently trust the final result to that kind Providence who has heretofore, and so often, signally favored the people of these United States.

Thinking in this manner, and feeling how incumbent it is upon every person, of every description, to contribute at all times to his country's welfare, and es

The following Message was received from the pecially in a moment like the present, when every PRESIDENT OF THE UNITED STATES:

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thing we hold dear and sacred is so seriously threatened, I have finally determined to accept the commission of Commander-in-Chief of the Armies of the United States; with the reserve only that I shall not be called into the field until the Army is in a situation to require my presence, or it becomes indispensable by the urgency of circumstances.

In making this reservation, I beg it to be understood, that I do not mean to withhold any assistance to arrange and organize the Army, which you may think I can afford. I take the liberty also to mention, that I must decline having my acceptance considered as drawing after it any immediate charge upon the public, or that I can receive any emoluments annexed to the ap

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pointment, before entering into a situation to incur expense.

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 several points he had in charge.

[JULY, 1798.

The Message was read, and ordered to lie for consideration.

THURSDAY, July 19.

The Senate took into consideration the Message of the President of the United States, of the 18th

With very great respect and consideration, I have the honor to be, dear sir, your most obedient and hum-instant, and the nomination contained therein, of ble servant,

G. WASHINGTON. JOHN ADAMS, President of the United States. The Message and letter were read, and five hundred copies thereof ordered to be printed for the use of the Senate.

The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate:

I nominate Alexander Hamilton, of New York, to be Inspector General of the Army, with the rank of Major General.

Charles Cotesworth Pinckney, of South Carolina, to be a Major General.

Henry Knox, of Massachusetts, to be a Major Gen

eral.

Henry Lee, of Virginia, to be a Major General of the Provisional Army.

Edward Hand, of Pennsylvania, to be a Major General of the Provisional Army.

John Brooks, of Massachusetts, to be a Brigadier General.

William Washington, of South Carolina, to be a Brigadier General.

Jonathan Dayton, of New Jersey, to be a Brigadier General.

William Stevens Smith, of New York, to be Adjutant General, with the rank of Brigadier General. Ebenezer Huntington, of Connecticut, to be a Brigadier General of the Provisional Army.

Anthony Walton White, to be a Brigadier General of the Provisional Army.

William Richison Davie, of North Carolina, to be a Brigadier General of the Provisonal Army.

John Sevier, of Tennessee, to be a Brigadier General of the Provisional Army.

James Craik, of Virginia, to be Physician General of the Army.

JULY 18, 1798.

JOHN ADAMS.

William Winder, to office. Whereupon,

Resolved, That they do advise and consent to the appointment, agreeably to the nomination. Ordered, That the Secretary lay this resolution before the President of the United States.

The Senate took into consideration the Message of the President of the United States, of the 18th instant, and the nominations contained therein, of Alexander Hamilton, and others, to military appointments. Whereupon,

Resolved, That they do advise and consent to the appointments, agreeably to the nominations, respectively; except to that of William Stevens Smith, of New York, to be Adjutant General, with the rank of Brigadier General, to which they do not advise and consent.

Ordered. That the Secretary lay this resolution before the President of the United States.

Ordered, That Mr. BINGHAM and Mr. LAURANCE be a committee to wait on the President of the United States, and notify him, that, having finished the Executive business before them, they are ready to adjourn, unless he may have any further matters for their consideration.

Mr. BINGHAM reported, from the committee last informed them that he had a further communicamentioned, that the President of the United States

tion to make to the Senate.

The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate:

I nominate William North, of New York, to be Adjutant General of the Army, with the rank of Brigadier General.

UNITED STATES, July 19, 1798. The Message was read.

JOHN ADAMS.

On motion, it was agreed, by unanimous con

The Message was read, and ordered to lie for sent, to dispense with the rule, and that the said

consideration.

nomination be now considered. Whereupon. 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:

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Ordered, That the Secretary lay this resolution before the President of the United States. Whereupon,

The President adjourned the Senate to the first Monday in December next, to meet in this place.

PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE SECOND SESSION OF THE FIFTH CONGRESS, BEGUN AT THE CITY OF PHILADELPHIA, MONDAY, NOVEMBER 13, 1797.

MONDAY, November 13, 1797. This being the day appointed by law for the meeting of Congress, the House of Representatives assembled in their Chamber, and the following members answered to their names, to wit:

From New Hampshire.-ABIEL FOSTER. From Massachusetts.-STEPHEN BULLOCK, SAMUEL LYMAN, JOHN REED, WILLIAM SHEPARD, GEORGE THATCHER, JOSEPH B. VARNUM, and PELEG WADSWORTH.

From Connecticut.-JOHN ALLEN, JOSHUA COIT, ROGER GRISWOLD, and NATHANIEL SMITH. From New York.-LUCAS ELMENDORPH, HENRY GLEN, JONATHAN N. HAVENS, HEZEKIAH L. HOSMER, JOHN E. VAN ALEN, and JOHN WIL

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WICK.

From Maryland.-GEORGE BAER, junior, WILLIAM CRAIK, GEORGE DENT, and RICHARD SPRIGG, junior.

From Virginia.-JOHN DAWSON, D. HOLMES, JAMES MACHIR, DANIEL MORGAN, and ANTHONY NEW.

North Carolina.-MATTHEW LOCKE, NATHANIEL MACON, and RICHARD STANFORD. South Carolina.-ROBERT GOODLOE HARPER, and JOHN RUTLEDGE, junior.

Several new members, to wit: ISAAC PARKER, from Massachusetts; THOMAS TILLINGHAST, returned to serve as a member of this House, for the State of Rhode Island, in the room of Elisha R. Potter, who has resigned his seat; and WILLIAM EDMOND, returned to serve in this House, as a member for Connecticut, in the room of James Davenport, deceased, appeared, produced their credentials, and took their seats in the House.

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

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AS; from Delaware, JAMES A. BAYARD; from Virginia, RICHARD BRENT; from North Carolina, ROBERT WILLIAMS; from South Carolina, WILLIAM SMITH; and from Georgia, ABRAHAM BALDWIN, appeared, and took their seats in the House.

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

WEDNESDAY, November 15.

Several other members, to wit: from New Jersey, JAMES H. IMLAY; from Pennsylvania, WILLIAM FINDLEY; and from Maryland, WILLIAM HINDMAN, appeared, and took their seats in the House.

whole number, being present, the oath to support And a quorum, consisting of a majority of the the Constitution of the United States was administered, by Mr. SPEAKER, to the following new members, to wit:

ISAAC PARKER, THOMAS TILLINGHAST, and WILLIAM EDMOND, who took their seats in the House on Monday last.

A message was then sent to the Senate, to inform them that a quorum of the House is assembled, and were ready to proceed to business.

On motion, Ordered, That the Clerk of this House cause the members to be furnished, during the present session, with three newspapers, such as the members, respectively, shall choose, to be delivered at their lodgings; provided they do not exceed the price at which subscribers are furnished with them.

Ordered, That a Committee of Revisal and Unfinished Business be appointed, pursuant to the Standing Rules and Orders of the House:

And a committee was appointed, of Mr. MACON, Mr. LYMAN, and Mr. HAVENS.

And then 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 COCHRAN, and EDWARD LIVINGSTON; from Virginia, MATTHEW CLAY, THOMAS EVANS, WALTER JONES, ABRAM TRIGG, and JOHN TRIGG; and from North Carolina, WILLIAM BARRY GROVE, appeared, and took their seats in the House.

And then the House adjourned until to-morrow morning, eleven o'clock.

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