Government. He supposed the committee meant to recommend such a law, as he believed there was not a law of that kind at present in existence. He therefore moved to strike out the words which had this reference. Mr. Oris said, his friend from South Carolina had overlooked the law in question, which was passed in 1794, in consequence of the contagious sickness which had been experienced in this city the preceding year, and which gave to the President of the United States the power of convening Congress in any other place. [NOVEMBER, 1797. Mr. OTIS moved that the SPEAKER, attended by the House, shall present the said Address to the President of the United States; and that a committee be appointed to wait upon the President to know when and where it will be convenient for him to receive the same. Agreed to. ANTONIA CARMICHAEL. Mr. HARPER moved that the House resolve itself into a Committee of the Whole, on the report of the Secretary of State, on the memorial of Antonia 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 the report was read from the Chair. cessary. Mr. H. said, he wished to propose an alteration in the phraseology of the fourth clause. It did not appear to him to be very polite, to talk to other nations about their jealousy and avarice; and whatever might be the latitude proper to be taken in private debate, when the House expressed itself publicly, he thought all unnecessary harshness should be avoided. He wished, therefore, to strike out some words, and introduce others, so that the passage, instead of reading as at present, might be thus expressed: "And while the extension of our navigation and trade may excite jealousy and tempt avarice, we are," &c. It appears that the late William Carmichael, (formerly a delegate in Congress from Maryland,) was appointed Secretary of Legation to Mr. Jay, Minister Plenipotentiary for negotiating a treaty with the King of Spain, in September, 1779; that the commissions to the Secretaries to such Ministers, at that time, directed that, in case of the death of the Minister, or necessary absence, they are to take charge of all public affairs in his hands, and to reside at such Court; that, on the the Ministers Plenipotentiary be allowed at the 4th October, 1779, Congress resolved that each of rate of £2,500 sterling per annum, and each of their Secretaries at the rate of £1,000, in full for their expenses respectively; that Mr. Jay was called from Spain to Paris in May, 1782, to assist in the negotiation of peace, leaving the business of his mission in Spain to Mr. Carmichael; that he continued at the Court of Spain until he received des Affaires, under the new Government of the a formal appointment in April, 1790, of Chargé United States. Hence it follows that Mr. Carmichael was entitled not only to the salary of £1,000 sterling as Secretary, but to such other allowances as were proper to be made to a Chargé foreign Court; for though the salaries were said des Affaires, or Minister of the United States at a 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 with propriety be offended with it; but he thought different places of residence, at each of which he It better to avoid all harsh expressions. He thought Secretary of State therefore reports that the folwas 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, but he thought it 1782 to '89. 1. Presents to porters and harsh. He was also of opinion that the discrimination of his friend, on the subject of jealousy and avarice, was more nice than solid. Mr. BAYARD was opposed to this amendment. He did not think the phraseology could give umbrage to any nation whatever, since no nation could apply the phrase to itself. If the gentleman would consider the paragraph, he would find, that it was not said that any particular nation was jealous or avaricious; but merely, if any nation were possessed of jealousy and avarice, our navigation and trade would naturally excite their jealousy and tempt their avarice. Any general sentiment might as well be objected to as this. When it was said that the riches of one man tempt the avarice of others, it could not be inferred that any particular men were pointed at. other servants of the Ministers of State, &c. eight years, at 1,840 reals of vellon a year, Expenses of presenta 14,720 00 The question was taken on Mr. HARPER'S amendment, and negatived-47 to 33. tion at Court 3,680 00 The committee then rose, and reported the Address with one amendment. The House took it up, and agreed to the amendment. Mr. BAYARD then moved an amendment, to correct the phraseology of the last paragraph, so as not to clash with the amendment; but the SPEAKER informing him the amendment could not be introduced without a recommittal, the Address was agreed to without further amendment. 26,103 00 5. Presents to letter-car NOVEMBER, 1797.] 1782 to '89. Do. do. Do. do. Answer to the President's Speech. 7. Expenses of copying different papers, 8 y'rs 8. Expenses of a journey from Madrid to Paris, and back to Madrid, 9. For house-rent at the Scitos (country residence of the King) at Aranjuez, La Grange, L'Escurial, and Le Pardo, 8 years Equal, at 26 reals to a dollar, to 9,686 00 16,010 00 76,515 19 165,175 36 $8,258 76 A concurrence with this report was advocated by Messrs. HARPER, HARTLEY, PINCKNEY, SPRIGG, GALLATIN, BAYARD, CRAIK, and T. CLAIBORNE, on the ground of equity and humanity. It was opposed by Messrs. WILLIAMS, MACON, and Cort; they wished for further time and information on the subject, and for that purpose Mr. WILLIAMS moved that the committee rise, in order that it might be discharged from a further consideration of the subject; and that the subject might be referred to the Committee of Claims. It was urged by the friends of the report that further information could not be had than was contained in the report, and that the principle might as well now be decided upon as at any distant period; that it being a case founded on equity and not on law, it was not a proper subject to be referred to the Committee of Claims. They urged, also, that a delay of justice was in this, as in most other cases, a denial of it; that the estates of the widow were mortgaged, and had been kept from sale from the hope of receiving what she petitioned for from Congress. At length the motion for the committee to rise was put and negatived, there being only seven votes in favor of it. A resolution was then agreed to, authorizing the accounting officers of the Treasury to settle the account, and a committee appointed to bring in a bill. ADDRESS TO THE PRESIDENT. Mr. OTIS, from the committee appointed to wait upon the President, to know when and where it would be convenient for him to receive the Address in answer to his Speech, reported that they had attended to that service, and that it would be convenient for him to receive it at his house tomorrow at twelve o'clock. WEDNESDAY, November 29. CONTESTED ELECTION. Mr. Coir observed that the memorial of Robert Rutherford, complaining of an undue election, was before the Committee of Elections at the last session, but no report was made upon it. He moved, therefore, that it be now referred to the present Committee of Elections. Agreed to. Mr. HARPER moved for the order of the day on his resolution regulating the mode of taking evidence in cases of contested elections; but, upon Mr. Corr wishing the consideration to lie over till to-morrow, he consented. [H. of R. ADDRESS TO THE PRESIDENT. Mr. LYON said, when the motion was proposed yesterday on the subject of waiting upon the President, he should have opposed it, only that he did not wish to deprive some gentlemen of the gratification of attending the ceremony; and now he hoped those gentlemen would consent to gratify him by agreeing to a similar resolution to that of last session, excusing him from an attendance upon the occasion. Mr. SITGREAVES said, that notwithstanding the precedent of last session, he should be opposed to indulging the gentleman from Vermont in his request. When a resolution passed that House, it was entitled to the obedience of all the members; and except the gentleman could assign some better reason than he had heard for the indulgence, he trusted he would not be excused from complying with the order. Mr. LYON hoped he should be excused from repeating the reasons which he had last session given for his motion. Mr. MACON observed, that whether the resolution was agreed to or not, the gentleman might doubtless remain behind if he chose, as he had no idea that the House could compel members to go about parading the streets of Philadelphia. The gentleman might have conscientious scruples, and if the ceremony were meant to be respectful to the President, members should attend it freely, or not at all. He should wish, therefore, that gentlemen disinclined to do the service, would not join it. Mr. THATCHER saw no reason for excusing the gentleman from Vermont from his duty for a few minutes. If he had business, and chose to ask leave for a few days, he doubted not it would be granted; but when he wished to be excused from attending upon a business of importance, he thought very special reasons should be given for the indulgence. Mr. WILLIAMS wished the gentleman would withdraw his motion, as it was trifling with the resolutions of the House to excuse any member from a compliance with them. He hoped the gentleman would not persevere in his singularity, though it might be the wish of some of his constituents, against the will of so large a majority of the House. He presumed no gentleman there was particularly Mr. OTIS hoped the motion would not prevail. anxious for the society of the gentleman from Vermont on this occasion. No doubt he would grace the procession, but it would be sufficiently long without him, and if he chose to remain behind, he need be under no apprehensions of being called to account for his conduct. It was not becoming the dignity of the House to pass the resolution in question. It appeared to him that the gentleman was in full health and spirits, and every way fit for business; and as the House had resolved the thing should be done, he had no idea of admitting the protest of an individual upon their Journals against the measure. Mr. N. SMITH knew the gentleman from Vermont had obtained leave of absence upon a simi H. OF R.] Answer to the President's Speech. lar occasion last session; but he believed the motion passed without consideration. It was unexpectedly made, and by some as unexpectedly carried. Whenever gentlemen gave a reasonable excuse for an absence from the duties of the House, they were constantly consented to; but when a gentleman came forward to ask for the indulgence, without giving any reasons for telling the House they had acted like fools, he could not consent to his being excused. If the gentleman were unable to attend; if there were any difficulty in the way of his attendance, aside from the want of a disposition to do it, he should not object to the indulgence. Mr. S. said he could not agree with the gentleman from North Carolina (Mr. MACON) that no gentleman was obliged to attend upon this ceremony. For his part he always considered a minority as bound by the vote of a majority, and the majority had passed a vote that the House should attend the Speaker in presenting the Address; not that A, B, and C, should do it, but that the House of Representatives should attend ; and he believed it to be as much the duty of every member to form a House for this purpose as for any other. He believed, notwithstanding, that if any gentleman remained behind, he would not be called to account for his conduct; but he was of opinion that a motion like the present ought to be considered as an indignity offered to the House, and they ought to decline acting upon it. Being of this opinion, he should move the previous question. "that [NOVEMBER, 1797. until the previous question was disposed of. He inquired if the mover were willing to withdraw it. Mr. HARPER hoped not. He should vote in favor of it, not for the reason offered by the gentleman from Pennsylvania, but that the House might express its sense of such a motion. Mr. VENABLE inquired if there were no way of getting rid of the previous question? The SPEAKER said he conceived not. Mr. MACON asked whether it would not be in order to commit, or postpone it to a certain day? Mr. THATCHER thought he had known instances where the previous question had been called for and not taken. The SPEAKER replied, then it must have been withdrawn. The previous question was then put in these words, "Shall the main question now be put ?” and it was carried unanimously. REFERENCE OF PETITIONS, &c. Mr. LIVINGSTON, from the Committee of Commerce and Manufactures, presented a resolution to the following effect: "Resolved, That all memorials and petitions, which, during the second session of the fourth Congress were referred to the Committee of Commerce and Manufactures, and not reported upon, be and the same are hereby referred to the said committee for their consideration and report." The resolution was agreed to. ADDRESS TO THE PRESIDENT. The SPEAKER announced the arrival of the hour which the President of the United States had appointed to receive the Address of the House in answer to his Speech; and the Speaker, attended by the members, accordingly waited upon the President, at his house, and presented to him the Address: to which the PRESIDENT made the following reply: Gentlemen of the House of Representatives : Your approbation of the meeting of Congress in this Mr. GALLATIN said he should be in favor of the previous question, but not for the reasons assigned by the mover of it, but for those offered by the gentleman from North Carolina, (Mr. MACON,) viz: because he did not believe there existed any power in that House to compel any member to wait upon the President with the Address; therefore it would be improper to grant an indulgence to a member from doing what there was no obligation upon him to do. He did not recollect the words of the resolution which had been agreed to. [The SPEAKER repeated them. They were, the Speaker, attended by the House of Representatives, shall wait upon the President, &c."] This, Mr. G. said, must be understood in a qualified 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 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 of the House of Represontatives-as he did not conceive the House had any power without the walls of the House. They could, indeed, appoint committees to do business out of doors, but could not call out the members as a body. Upon this ground he was, therefore, in favor of the previous question. Mr. LYON said, understanding the matter in the light in which it had been placed by the gentleman from Pennsylvania, he would withdraw his motion. The SPEAKER said the main question was not now under debate, and could not be withdrawn city, and of those other measures of the Executive au my The confidence you express in the sincerity of my endeavors, and the unanimity of the people, does me much honor, and gives me great joy. I rejoice in that harmony which appears in the sentiments of all the branches of the Government, on the importance of our commerce and our obligations to defend it, as well as in all other subjects recommended to your consideration, and sincerely congratulate you and our fellow-citizens at large on this appearance, so auspicious to the honor, interest, and happiness of the nation. JOHN ADAMS. UNITED STATES, November 29, 1797. The SPEAKER and members then returned to the House, and order being obtained, the Speaker, as NOVEMBER, 1797.] Reference of the President's Speech. usual, read the Answer of the President from the Chair; after which, Mr. HARPER said it had been usual, where Legislative measures were recommended in the Speech of the President of the United States, to refer such parts to select committees. He therefore moved that the House resolve itself into a Committee of the Whole on the state of the Union, in order to take into consideration the Speech of the President. The SPEAKER said the Speech had not yet been committed to that committee. [H. OF R. fore the President had made the assertion, he would doubtless be well assured of the truth of it. But he would observe, that if no such attempts had been made, they were not unlikely to be made, and the law recommended on that ground was very desirable. It was well known that the ordinary course of law will not go into that territory; there must be a distinct and particular legislative power for the purpose. Admitting, therefore, that the President had been misinformed, the law could do no harm, but might prevent the evils complained of. Mr. HARPER moved that it be so committed ; Mr. SITGREAVES 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. Mr. HARPER then proposed six resolutions for adoption, to the following effect; which he proposed to be referred to select committees. 1. Resolved, That so much of the Speech of the President of the United States as relates to power being given to the President to postpone the meeting of Congress, in certain cases, be referred to a select committee to report by bill or otherwise. 2. That so much as relates to the protection of commerce, be referred, &c. 3. That so much as relates to the attempts of foreign agents to alienate the affections of the Indian nations, and to excite them to actual hostilities against the United States, be referred, &c. 4. That so much as relates to a provision for the fulfilment of the sixth article of the Treaty between the United States and Great Britain, be referred, &c. 5. That so much as relates to the reimbursement of certain advances made by the Consuls of the United States, be referred, &c. 6. That so much as relates to the revision and amendment, in certain particulars, of the act relative to Consuls, be referred, &c. The two first resolutions were agreed to without objection. On reading the third, Mr. NICHOLAS said, he did not think they were ripe for going into this business. It was usual when the President alluded to facts in his Speech, which he proposed, in the course of the session, to give further information upon, to wait for that information before they proceeded to act upon them. He thought this would be best in the present case. Mr. HARPER did not recollect that the President referred to any particular documents on this subject. If a committee were appointed, they would of course inquire into the facts, and report accordingly. Mr. NICHOLAS said, the mover himself seemed to be aware that the committee would be at a loss for facts, and they would have to apply to the President for them. He thought it would be more respectful to wait for the communications, which would of course be made to the House, than to employ the committee to make the inquiry. Mr. HARPER said the President had told them, as a fact, that such attempts had been made. [Mr. H. read an extract from the Speech ] To postpone the appointment of a committee, therefore, in order to wait for further communications, would be to say they did not believe the fact. Be before they proceeded to act upon any business recommended by the Speech; but it must also be recollected, that the style of this resolution was different from that heretofore used. It was cusit is expedient to do so and so," which they could tomary to say on these occasions, "Resolved, that not do, until evidence was before them; but this committee being differently formed, there was not that necessity, and when the communication was made, it would of course be referred to the committee now proposed to be appointed. Mr. DAYTON (the Speaker) said, that the law recommended by the President of the United States to be passed, was to give better effect to the measures already taken to counteract the attempts of foreign agents upon the Indian nations. Before a law could be passed to give effect to those measures, it was necessary, therefore, they should be laid before them; and, if a committee were now appointed, they would, of course, have to look back to the House for information. Mr. BALDWIN thought there was another reason for deferring the business. He thought there was a law intimately connected with this subject which expired in the Spring (of which they should have notice from the Committee of Revisal, if it was so) and of which this provision might make a part. He saw no inconvenience which could arise from letting this subject lie over for a time. Mr. MACON said, if the gentleman from South Carolina would consent to let this matter be passed over, the House might proceed upon those objects upon which there seemed little difference of opinion. Mr. BROOKS saw no impropriety in referring the business to a select committee; for, if it were referred, it did not follow that they were obliged immediately to act upon it. The crime, he said, was identified. If the committee were appointed, and the President had communications to make upon the subject, it would have a tendency to procure more early information than might otherwise be obtained. He thought this resolution as proper for commitment as any other. The question for agreeing to the resolution was put and carried-44 to 43. The remainder of the resolutions were agreed to, the committee rose, and the House took them up. The three first resolutions were agreed to in the House without debate. On the fourth being read, Mr. SITGREAVES said that this resolution ought to go to the Committee of Ways and Means, as coming directly within their province; but at present, he believed, no such committee had been appointed. Mr. HARPER thought it might with propriety be referred to a select committee, as it embraced other objects besides providing money. [NOVEMBER, 1797. Mr. VENABLE was of opinion it would be best to postpone this matter to a distant day. He did not know that any decision had yet taken place, and therefore there was no necessity for the reso-ship, she was condemned as not seaworthy. In lution at present. Mr. SITGREAVES was not willing to agree to a postponement to a distant day; but thought it would be best referred to the Committee of Ways and Means, as it was necessary they should have the whole of the demands against the country before them. He moved, therefore, for a postponement to this day two weeks. Agreed to. The two remaining resolutions being agreed to, and the latter referred to the Committee of the Whole, to whom was referred the act relative to American seamen, Mr. SITGREAVES observed, there was a very important matter in the Speech yet untouched. He therefore proposed the following resolution: Resolved, That so much of the Speech as relates to foreign vessels, sailing under forged American papers, be referred te the Committee of Commerce and Manu factures. Agreed to. RELIEF TO AMERICAN SEAMEN. Mr. LIVINGSTON Moved for the order of the day on the report of the committee appointed to inquire into the operation of the act for the relief and protection of American seamen; which being agreed to, the House resolved itself into a Committee of the Whole, and the report having been read, three resolutions were agreed to, viz: one directing the Secretary of State to lay before the House an abstract of all the returns made to him by the collectors of the several ports, and such accounts as he may have received from our agents in foreign ports; another for allowing cents per day to every sick seaman in a foreign port, and a sum for their transportation home; and another directing that a certain deduction shall be made from the wages of seamen, for the maintaining of the sick and disabled, and for the support of a hospital. The House concurred in the resolutions, and appointed a committee for carrying them into effect. NORTH AND VESEY. The House then resolved itself into a Commit tered in the custom-house, on the 7th of April, 1795; that they proceeded, on the twelfth of the same month, to the sale of the cargo, when they were prohibited from selling by a libel issued from the Court of Admiralty; that, on the 21st of the month, an injunction was granted by the District Court to stop the sale altogether, as contrary to the treaty concluded with Great Britain; that the said ship Amity being in a leaky condition, they obtained permission from the collector to land the cargo; that, by a survey afterwards held on the consequence, application was made at the customhouse, for leave to re-export the cargo in neutral bottoms, as French property, which permission was at first refused, but afterwards granted; but that, in the meantime, by the fire which laid waste a great part of Charleston, on the 13th of June last, fifty-two hogsheads and two tierces of sugar, were totally consumed; whereupon the collector ordered the rum, part of the cargo of the ship Amity, to be sold to secure the duties on the sugar thus consumed by fire. The petitioners pray for relief by a restoration of the duties thus collected from them. The Committee of Commrcee and Manufactures are of opinion that this case must be considered as one for which no provision had been made by law, but as analogous to that of wreck; that the cargo was supposed to be landed only in consequence of the alleged disability of the ship, and that as no sale of the cargo could be made within the United States, no duties ever could have been collected from it; so that the destruction of the sugar by fire, not having altered the original to wit: merely in transitu, until the ship could be ground on which they were suffered to be landed, repaired or the goods re-exported, the duties ought to be refunded. Whereupon, they recommended to the House to adopt the following resolution: Resolved, That a committee be appointed to bring in a bill to grant relief to the petitioners, according to the prayer of their petition." The above resolution was agreed to, with a trifling alteration. The House took it up, agreed to it, and appointed a committee to bring in a bill. Mr. DENT, on application, was excused from serving on the Committee of Commerce and Manufactures, (being already upon two other committees,) and Mr. S. SMITH was appointed in his place. THURSDAY, November 30. TOMPSON J. SKINNER, from Massachusetts, appeared, and took his seat. 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 English prize ship called the Amity, with a cargo consisting of sugar and rum, which was duly en MEMORIAL OF QUAKERS. Mr. GALLATIN presented the following memorial of certain citizens, called Quakers, in the name |
