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H. OF R.]

Antonia Carmichael.

[NOVEMBER, 1797.

Government. He supposed the committee meant Mr. Otis moved that the SPEAKER, attended by to recommend such a law, as he believed there the House, shall present the said Address to the was not a law of that kind at present in existence. President of the United States; and that a comHe therefore moved to strike out the words which mittee be appointed to wait upon the President to had this reference.

know when and where it will be convenient for Mr. Ofis said, his friend from South Carolina him to receive the same. Agreed to. had overlooked the law in question, which was

ANTONIA CARMICHAEL. passed in 1794, in consequence of the contagious Sickness which had been experienced in this city into a Committee of the whole, on the

Mr. Harper moved that the House resolve itself the preceding year, and which gave to the Presi

report

of dent of the United States the power of convening the Secretary of State, on the memorial of AntoCongress in any other place.

nia Carmichael, widow of William Carmichael, Mr. Harper acknowledged his mistake, and deceased; which being agreed to, the House rethat his proposed amendment was therefore unne- solved itself into a committee accordingly, and cessary:

the report was read from the Chair. Mr. H. said, he wished to propose an alteration

It appears that the late William Carmichael, in the phraseology of the fourth clause. It did (formerly a delegate in Congress from Maryland,) not appear to him to be very polite, to talk to other was appointed Secretary of Legation to Mr. Jay, nations about their jealousy and avarice; and Minister Plenipotentiary for negotiating a treaty whatever might be the latitude proper to be taken with the King of Spain, in September, 1779; that in private debate, when the House expressed itself the commissions to the Secretaries to such Minispublicly, he thought all unnecessary harshness ters, at that time, directed that, in case of the should be avoided. He wished, therefore, to strike death of the Minister, or necessary absence. they out some words, and introduce others, so that the are to take charge of all public affairs in his thus expressed : “And while the extension of our the Ministers Plenipotentiary be allowed at the passage, instead of reading as at present, might be hands, and to reside at such Court; that, on the

4th October, 1779, Congress resolved that each of navigation and trade may excite jealousy and tempt avarice, we are," &c.

rate of £2,500 sterling per annum, and each of Mr. BAYARD was opposed to this amendment. their Secretaries at the rate of £1,000, in full for He did not think the phraseology could give um- called from Spain to Paris in May, 1782, to assist

their expenses respectively; that Mr. Jay was brage to any nation whatever, since no nation could apply the phrase to itself. If the gentleman in the negotiation of peace, leaving the business of would consider the paragraph, he would find, that his mission in Spain to Mr. Carmichael; that he ous or avaricious; but merely, if any nation were des Affaires, under the new Government of the it was not said that any particular nation was jeal- continued at the Court of Spain until he received

a formal appointment in April, 1790, of Chargé possessed of jealousy and avarice, our navigation United States. Hence it follows that Mr. Carand trade would naturally excite their jealousy michael was entitled not only to the salary of and tempt their avarice. Any general sentiment might as well be objected to as this. When it was £1,000 sterling as Secretary, but to such other said that the riches of one man tempt the avarice des Affaires, or Minister of the United States at a

allowances as were proper to be made to a Chargé of others, it could not be inferred that any particu- foreign Court ; for though the salaries were said lar men were pointed at.

Mr. Harper did not think the amendment of to be in full for their services and expenses, yet it very great importance, though of sufficient to be was usual to make other allowances for contingent adopted. He did not think any nation could justly isters were obliged to attend the Court at their five

expenses ; that, at the Court of Spain, foreign Mintake the expression to itself, or that they could different places of residence, at each of which he with propriety be offended with it; but he thought It better to avoid all harsh expressions. He thought Secretary of State therefore reports that the fol

was under the necessity of hiring a house; the a proper degree of spirit, and even of anger and revenge, might be shown, without unbecoming ex-chael's account shall be allowed :

lowing extraordinary expenses in Mr. Carmipressions; not that he meant to say the expression in question was unbecoming, bui he thought it 1782 to '89. 1. Presents to porters and harsh. He was also of opinion that the discrimi

other servants of the nation of his friend, on the subject of jealousy and

Ministers of State, &c. avarice, was more nice than solid.

eight years, at 1,840 The question was taken on Mr. Harper's

reals of vellon a year,

14,720 00

Do. amendment, and negatived—47 to 33.

do. 2. Expenses of presenta

tion at Court The committee then rose, and reported the Ad

3,680 00

Do. dress with one amendment. The House took it

do. 3. Expenses of illumina-
tions, 7 years

6,028 17 up, and agreed to the amendment.

Do. do. 4. For postage of letters, Mr. Bayard then moved an amendment, to cor

8 years

26,103 00 rect the phraseology of the last paragraph, so as Do. do. 5. Presents to letter-carnot to clash with the amendment; but the SPEAK

riers, 8 years, at the ER informing him the amendment could not be

King's country seats 1,562 06 introduced without a recommittal, the Address Do. do. 6. Expenses

paper, was agreed to without further amendment.

quills, ink, &c. 8 y'rs 10,870 00

of

NOVEMBER, 1797.

Answer to the President's Speech.

(H. OFR.

a

1782 to '89. 7. Expenses of copying

ADDRESS TO THE PRESIDENT. different papers, 8 y'rs 9,686 00

Mr. Lyon said, when the motion was proposed Do. do. 8. Expenses of a journey

yesterday on the subject of waiting upon the Prefrom Madrid to Paris, and back to Madrid,

16,010 00 sident, he should have opposed it, only that he did Do. do. 9. For house-rent at the

not wish to deprive some gentlemen of the gratifiScitos (country resi

cation of attending the ceremony; and now he dence of the King) at

hoped those gentlemen would consent to gratify Aranjuez, La Grange,

him by agreeing to a similar resolution to that of L'Escurial, and Le

last session, excusing him from an attendance upon Pardo, 8 years

76,515 19 the occasion.

Mr. SitgREaves said, that notwithstanding the 165,175 36 precedent of last session, he should be opposed to

indulging the gentleman from Vermont in his reEqual, at 26 reals to a dollar, to

$8,258 76 quest. When a resolution passed that House, it

was entitled to the obedience of all the members; A concurrence with this report was advocated and except the gentleman could assign some better by Messrs. HARPER, HARTLEY, PINCKNEY, SPRIGG, reason than he had heard for the indulgence, he Gallatin, BAYARD. CRAIK, and T. CLAIBORNE, on trusted he would not be excused from complying the ground of equity and humanity. It was op- with the order. posed by Messrs. Williams, Macon, and Coir; Mr. Lyon hoped he should be excused from rethey wished for further time and information on peating the reasons which he had last session given the subject, and for that purpose Mr. Williams for his motion. moved that the committee rise, in order that it Mr. Macon observed, that whether the resolumight be discharged from a further consideration tion was agreed to or not, the gentleman might of the subject; and that the subject might be re- doubtless remain behind if he chose, as he had no ferred to the Committee of Claims. It was urged idea that the House could compel members to go by the friends of the report that further informa- about parading the streets of Philadelphia. The tion could not be had than was contained in the gentleman might have conscientious scruples, and report, and that the principle might as well now if the ceremony were meant to be respectful to be decided upon as at any distant period ; that it the President, members should attend it freely, being a case founded on equity and not on law, it or not at all. He should wish, therefore, that genwas not a proper subject to be referred to the tlemen disinclined to do the service, would not Committee of Claims. They urged, also, that a join it. delay of justice was in this, as in most other cases, Mr. Thatcher saw no reason for excusing the a denial of it ; that the estates of the widow were gentleman from Vermont from his duty for a few mortgaged, and had been kept from sale from the minutes. If he had business, and chose to ask hope of receiving what she petitioned for from leave for a few days, he doubted not it would be Congress. At length the motion for the commit- granted; but when he wished io be excused from tee to rise was put and negatived, there being only attending upon a business of importance, he seven votes in favor of it. A resolution was then thought very special reasons should be given for agreed to, authorizing the accounting officers of the indulgence. the Treasury to settle the account, and a commit- Mr. Williams wished the gentleman would tee appointed to bring in a bill.

withdraw his motion, as it was trifling with the ADDRESS TO THE PRESIDENT.

resolutions of the House to excuse any member Mr. Otis, from the committee appointed to wait from a compliance with them. He hoped the upon the President, to know when and where gentleman would not persevere in his singularity, it would be convenient for him to receive the Ad- though it might be the wish of some of his con dress in answer to his Speech, reported that they stituents, against the will of so large a majority of

the House. had attended to that service, and that it would be convenient for him to receive it at his house to

Mr. Otis hoped the motion would not prevail. morrow at twelve o'clock.

He presumed no gentleman there was particularly anxious for the society of the gentleman from

Vermont on this occasion. No doubt he would WEDNESDAY, November 29.

grace the procession, but it would besufficiently long CONTESTED ELECTION.

without him, and if he chose to remain behind, he Mr. Coir observed that the memorial of Robert need be under no apprehensions of being called to Rutherford, complaining of an undue election, account for his conduct. It was not becoming the was before the Committee of Elections at the last dignity of the House to pass the resolution in session, but no report was made upon it. He question. It appeared to him that the gentleman moved, therefore, that it be now referred to the was in full health and spirits, and every way fit present Committee of Elections. Agreed to. for business; and as the House had resolved the

Mr. Harper moved for the order of the day on thing should be done, he had no idea of admitting his resolution regulating the mode of taking evi- the protest of an individual upon their Journals dence in cases of contested elections; but, upon against the measure. Mr. Coit wishing the consideration to lie over till Mr. N. Smith knew the gentleman from Verto-morrow, he consented.

mont had obtained leave of absence upon a simiHof R.)

Answer to the President's Speech.

[NOVEMBER, 1797.

lar occasion last session ; but he believed the mo- until the previous question was disposed of. He tion passed without consideration. It was unex- inquired if the mover were willing to withpectedly made, and by some as unexpectedly car- draw it. ried. Whenever gentlemen gave a reasonable ex- Mr. HARPER hoped not. He should vote in cuse for an absence from the duties of the House, favor of it, not for the reason offered by the genthey were constantly consented to; but when a tleman from Pennsylvania, but that the House gentleman came forward to ask for the indul- might express its sense of such a motion. gence, without giving any reasons for telling the Mr. VENABLE inquired if there were no way of House they had acted like fools, he could not con- getting rid of the previous question? sent to his being excused. If the gentleman were The SPEAKER said he conceived not. unable to attend ; if there were any difficulty in Mr. Macon asked whether it would not be in the way of his attendance, aside from the want of order to commit, or postpone it to a certain day? a disposition to do it, he should not object to the Mr. THATCHER thought he had known instances indulgence. Mr. S. said he could not agree with where the previous question had been called for the gentleman from North Carolina (Mr. Macon) and not taken. that no gentleman was obliged to attend upon The SPEAKER replied, then it must have been this ceremony. For his part he always considered withdrawn. a minority as bound by the vote of a majority, and The previous question was then put in these the majority had passed a vote that the House words, "Shall the main question now be put ?" should attend the Speaker in presenting the Ad- and it was carried unanimously. dress; not that A, B, and C, should do it, but that the House of Representatives should attend;

REFERENCE OF PETITIONS, &c. and he believed it to be as much the duty of every Mr. Livingston, from the Committee of Commember to form a House for this purpose as for merce and Manufactures, presented a resolution to any other. He believed, notwithstanding, that if the following effect : any gentleman remained behind, he would not be Resolved, That all memorials and petitions, which, called to account for his conduct; but he was of during the second session of the fourth Congress were opinion that a motion like the present ought to be referred to the Committee of Commerce and Manuconsidered as an indignity offered to the House, factures, and not reported upon, be and the same are and they ought to decline acting upon it. Being hereby referred to the said committee for their consideof this opinion, he should move the previous ration and report.” question.

The resolution was agreed to. Mr. Gallatin said he should be in favor of the previous question, but not for the reasons assigned ADDRESS TO THE PRESIDENT. by the mover of it, but for those offered by the The SPEAKER announced the arrival of the gentleman from North Carolina, (Mr. Macon,) hour which the President of the United States had viz: because he did not believe there existed any appointed to receive the Address of the House in power in that House to compel any member to

answer to his Speech; and the Speaker, attended wait upon the President with the Address; there by the members, accordingly waited upon the fore it would be improper to grant an indulgence President, at his house, and presented to him the to a member from doing what there was no obli- Address: 'to which the President made the folgation upon him to do. He did not recollect the lowing reply: words of the resolution which had been agreed to. (The Speaker repeated them. They were," that Gentlemen of the House of Representatives : the Speaker, attended by the House of Represen

I receive this Address from the House of Representatatives, shall wait upon the President, &c."]

tives of the United States with peculiar interest. This, Mr. G. said, must be understood in a quali- city, and of those other measures of the Executive au

Your approbation of the meeting of Congress in this fied sense, as the House of Representatives had no existence out of those walls. When the Speaker to both Houses, at the opening of the session, afford

thority of Government communicated in my Address presented the Address, the House was not present; me great satisfaction, as the strongest desire of my they could not debate nor do any act as a House. heart is to give satisfaction to the people and their reThe Address was, therefore, strictly speaking, pre- presentatives by a faithful discharge of my duty. sented by the Speaker, followed by the members The confidence you express in the sincerity of my of the House of Represontatives—as he did not endeavors, and the unanimity of the people, does me conceive the House had any power without the much honor, and gives me great joy. walls of the House. They could, indeed, appoint I rejoice in that harmony which appears in the sencommittees to do business out of doors, but could timents of all the branches of the Government, on the not call out the members as a body. Upon this importance of our commerce and our obligations to deground he was, therefore, in favor of the previous fend it, as well as in all other subjects recommended question.

to your consideration, and sincerely congratulate you Mr. Leon said, understanding the matter in the and our fellow-citizens at large on this appearance, so light in which it had been placed by the gentle auspicious to the honor, interest, and happiness of the

JOHN ADAMS. man from Pennsylvania, he would withdraw his nation. motion.

UNITED STATES, November 29, 1797. The SPEAKER said the main question was not

The SPEAKER and members then returned to the now under debate, and could not be withdrawn House, and order being obtained, the Speaker, as

NOVEMBER, 1797.]
Reference of the President's Speech.

[H. or R. usual, read the Answer of the President from the fore the President had made the assertion, he Chair; after which,

would doubtless be well assured of the truth of it. Mr. Harper said it had been usual, where But he would observe that if no such attempts Legislative measures were recommended in the had been made, they were not unlikely to be made, Speech of the President of the United States, to and the law recommended on that ground was refer such parts to select committees. He there- very desirable. It was well known that the orfore moved that the House resolve itself into a dinary course of law will not go into that territoCommittee of the Whole on the state of the ry; there must be a distinct and particular legisUnion, in order to take into consideration the lative power for the purpose. Admitting, thereSpeech of the President.

fore, that the President had been misinformed, the The SPEAKER said the Speech had not yet law could do no harm, but might prevent the evils been committed to that committee.

complained of. Mr. Harper moved that it be so committed ; Mr. Sirgreaves observed, that the gentleman which being agreed to, he moved that the House from Virginia (Mr. NichoLAS) was very correct now resolve itself into a Committee of the Whole in saying that it was usual to wait for the promison the state of the Union; which was done ac- ed communications of the Executive department, cordingly, Mr. Dent in the Chair.

before they proceeded to act upon any business Mr. Harper then proposed six resolutions for recommended by the Speech; but it must also be adoption, to the following effect; which he pro- recollected, that the style of this resolution was posed to be referred to select committees.

different from that heretofore used. It was cus1. Resolved, That so much of the Speech of the it is expedient to do so and so," which they could

tomary to say on these occasions, “Resolved, that President of the United States as relates to power being not do, until evidence was before them; but this given to the President to postpone the meeting of Con- committee being differently formed, there was not gress, in certain cases, be referred to a select committee that necessity, and when ihe communication was to report by bill or otherwise.

2. That so much as relates to the protection of com- made, it would of course be referred to the conmerce, be referred, &c.

mittee now proposed to be appointed. 3. That so much as relates to the attempts of foreign

Mr. Dayton (the Speaker) said, that the law agents to alienate the affections of the Indian nations, recommended by the President of the United and to excite them to actual hostilities against the States to be passed, was to give beiter effect to the United States, be referred, &c.

measures already taken to counteract the attempts 4. That so much as relates to a provision for the ful- of foreign agents upon the Indian nations. Before filment of the sixth article of the Treaty between the a law could be passed to give effect to those measUnited States and Great Britain, be referred, &c. ures, it was necessary, therefore, they should be

5. That so much as relates to the reimbursement of laid before them; and, if a committee were now certain advances made by the Consuls of the United appointed, they would, of course, have to look back States, be referred, &c.

to the House for information. 6. That so much as relates to the revision and

Mr. Baldwin thought there was another reason amendment, in certain particulars, of the act relative to for deferring the business. He thought there was Consuls, be referred, &c.

a law intimately connected with this subject The two first resolutions were agreed to with which expired in the Spring (of which they should out objection. On reading the third,

have notice from the Committee of Revisal, if it Mr. Nicholas said, he did not think they were was so) and of which this provision might make ripe for going into this business. It was usual a part. He saw-no inconvenience which could when the President alluded to facts in his Speech, arise from letting this subject lie over for a time. which he proposed, in the course of the session, to Mr. Macon said, if the gentleman from South give further information upon, to wait for that in- Carolina would consent to let this matter be passformation before they proceeded to act upon them. ed over, the House might proceed upon those obHe thought this would be best in the present case. jects upon which there seemed little difference of

Mr. Harper did not recollect that the President opinion. referred to any particular documents on this subject. Mr. Brooks saw no impropriety in referring If a committee were appointed, they would of course the business to a select committee; for, if it were inquire into the facts, and report accordingly. referred, it did not follow that they were obliged

Mr. Nicholas said, the mover himself seemed immediately to act upon it. The crime, he said, to be aware that the committee would be at a loss was identified. If the committee were appointed, for facts, and they would have to apply to the and the President had communications to make President for them. He thought it would be more upon the subject, it would have a tendency to prorespectful to wait for the communications, which cure more early information than might otherwise would of course be made to the House, than to be obtained. He thought this resolution as proper employ the committee to make the inquiry. for commitment as any other.

Mr. Harper said the President had told them, The question for agreeing to the resolution was as a fact, that such attempts had been made. [Mr. put and carried—44 to 43. H. read an extract from the Speech.] To post- The remainder of the resolutions were agreed pone the appointment of a committee, therefore, to, the committee rose, and the House took them up. in order to wait for further communications, The three first resolutions were agreed to in the would be to say they did not believe the fact. Be- House without debate. On the fourth being read,

H. OF R.)

Memorial of Quakers.

[NOVEMBER. 1797.

Mr. Surgreaves said that this resolution ought tered in the custom-house, on the 7th of April, to go to the Committee of Ways and Means, as 1795; that they proceeded, on the twelfth of the coming directly within their province; but at same month, to the sale of the cargo, when they present, he believed, no such committee had been were prohibited from selling by a libel issued from appointed.

the Court of Admiralty ; that, on the 21st of the Mr. Harper thought it might with propriety be month, an injunction was granted by the District referred to a select committee, as it embraced other Court to stop the sale altogether, as contrary to the objects besides providing money.

treaty concluded with Great Britain; that the said Mr. VENABLE was of opinion it would be best ship Amity being in a leaky condition, they obto postpone this matter to a distant day; He did tained permission from the collector to land the not know that any decision bad yet taken place. cargo; that, by a survey afterwards held on the and therefore there was no necessity for the reso-ship, she was condemned as not seaworthy. In lution at present.

consequence, application was made at the customMr. SITGREAVES was not willing to agree to a house, for leave to re-export the cargo in neutral postponement to a distant day ; but thought it bottoms, as French property, which permission would be best referred to the Committee of Ways was at first refused, but afterwards granted; but and Means, as it was necessary they should have that, in the meantime, by the fire which laid waste the whole of the demands against the country be a great part of Charleston, on the 13th of June fore them. He moved, therefore, for a postpone- last, fifty-two hogsheads and two tierces of sugar, ment to this day two weeks. Agreed to.

were totally consumed; whereupon the collector The two remaining resolutions being agreed to, ordered the rum, part of the cargo of the ship and the latter referred to the Committee of the Amity, to be sold to secure the duties on the sugar Whole, to whom was referred the act relative to thus consumed by fire. The petitioners pray for American seamen,

relief by a restoration of the duties thus collected Mr. SitgREAVES observed, there was a very from them. important matter in the Speech yet untouched. The Committee of Commrcee and ManufacHe therefore proposed the following resolution : tures are of opinion that this case must be consid

Resolved, That so much of the Speech as relates to ered as one for which no provision bad been made foreign vessels, sailing under forged American papers, by law, but as analogous to that of wreck; that be referred te the Committee of Commerce and Manu- the cargo was supposed to be landed only in confactures.

sequence of the alleged disability of the ship, and Agreed to.

that as no sale of the cargo could be made within RELIEF TO AMERICAN SEAMEN. the United States, no duties ever could have been Mr. Livingston moved for the order of the day collected from it; so that the destruction of the on the report of the committee appointed to inquire sugar by fire: not having altered the original into the operation of the act for the relief and pro; to wit: merely in transitu, until the ship could be

ground on which they were suffered to be landed, tection of American seamen; which being agreed to, the House resolved itself into a Committee of repaired or the goods re-exported, the duties ought the Whole, and the report having been read, three to be refunded. Whereupon, they recommended resolutions were agreed to, viz: one directing the to the House to adopt the following resolution : Secretary of State to lay before the House an ab- Resolved, That a committee be appointed to bring stract of all the returns made to him by the col- in a bill to grant relief to the petitioners, according to lectors of the several ports, and such accounts as

the prayer of their petition." he may have received from our agents in foreign The above resolution was agreed to, with a triports ; another for allowing cents per dayto fing alteration. The House took it up, agreed to every sick seaman in a foreign port, and a sum it, and appointed a committee to bring in a bill. for their transportation home; and another direct- Mr. Dent, on application, was excused from ing that a certain deduction shall be made from serving on the Committee of Commerce and Manthe wages of seamen, for the maintaining of the ufactures, (being already upon two other commitsick and disabled, and for the support of hos- tees,) and Mr. S. SMITH was appointed in his pital.

place.
The House concurred in the resolutions, and
appointed a committee for carrying them into
effect.

Thursday, November 30.
NORTH AND VESEY.

Tompson J. SKINNER, from Massachusetts, ap

peared, and took his seat. The House then resolved itself into a Commit

Mr. Baldwin presented a remonstrance from tee of the whole, on the report on the petition of the Legislature of Georgia, complaining of the North and Vesey.

law regulating the intercourse of the United States This petition was presented during the last Win-with the Indian tribes, and also of the operation ter session, and then reported upon. The petition of existing treaties. Referred to a select commiters state, that they were agents for the French pri- tee of three members. vateer schooner Leo, Captain Harmand ; that the said privateer sent into the port of Charleston, an

MEMORIAL OF QUAKERS. English prize ship called the Amity, with a cargo Mr. Gallatin presented the following memoconsisting of sugar and rum, which was duly en- rial of certain citizens, called Quakers, in the name

a

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