PROCEEDINGS OF THE SENATE OF THE UNITED STATES, AT THE SECOND SESSION OF THE FIFTH CONGRESS, BEGUN AT THE CITY OF PHILADELPHIA, NOVEMBER 13, 1797. MONDAY, November 13, 1797. journed. SATURDAY, November 18. The second session of the fifth Congress of the No quorum being present, the Senate adUnited States commenced this day, at the city of Philadelphia, conformably to law; and the Senate assembled accordingly in their Chamber. PRESENT: SAMUEL LIVERMORE, from New Hampshire; WILLIAM BINGHAM, from Pennsylvania; HUMPHREY MARSHALL, from Kentucky; ALEXANDER MARTIN and TIMOTHY BLOODWORTH, from North Carolina; JACOB READ, from South Carolina. The number of members present not being sufficient to constitute a quorum, the Senate adjourned to 11 o'clock to-morrow morning. TUESDAY, November 14. JOHN LAURANCE, from the State of New York, and HENRY LATIMER, from the State of Delaware, severally attended. The number of members present not being sufficient to constitute a quorum, the Senate adjourned. WEDNESDAY, November 15. BENJAMIN GOODHUE, from the State of Massachusetts, attended. The number of members present not being sufficient to constitute a quorum, the Senate adjourned. THURSDAY, November 16. The Senate assembled, and the number of members present not being sufficient to constitute a quorum, the Senate adjourned. FRIDAY, November 17. JOHN LANGDON, from the State of New Hampshire, attended. MONDAY, November 20. NATHANIEL CHIPMAN, appointed a Senator by the State of Vermont, in the place of Isaac Tichenor, elected Governor, produced his credentials; which were read. The credentials of RAY GREENE were read. ANDREW JACKSON, appointed a Senator, by the State of Tennessee, produced his credentials; which were read. The oath required by law was administered by the PRESIDENT, to Messrs. ANDERSON, CHIPMAN, GREENE, and JACKSON, they having severally taken their seats in the Senate. A message from the House of Representatives informed the Senate, that a quorum of the House assembled, and ready to proceed to business. Ordered, That the Secretary acquaint the House of Representatives that a quorum of the The number of members present not being suf-is ficient to constitute a quorum, the Senate adjourned. A message from the House of Representatives informed the Senate, that the House have appointed a joint committee on their part, together with such committee as the Senate may appoint, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. Resolved, That the Senate do concur in the appointment of a joint committee, and that Messrs. BINGHAM and TRACY be the committee on the part of the Senate. Resolved, That two Chaplains be appointed to Congress for the present session, one by each House, who shall interchange weekly; and that the Right Rev. Bishop WHITE be Chaplain on the part of the Senate. [NOVEMBER, 1797. lains, as is contained in the words following, to wit: "Resolved, That two Chaplains be appointed to Congress for the present session, one by each House, who shall interchange weekly." "The House have proceeded, by ballot, to the appointment of a Chaplain on their part; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of the Rev. ASHBEL GREEN." SATURDAY, November 25. the draught of an Address to the President of Mr. STOCKTON, from the committee, reported the United States, in answer to his Speech to both Houses of Congress, at the opening of the session; which was read. On motion, that a number of copies be printed, under an injunction that no more should be struck off than may be necessary for the use of the Senate, it passed in the negative. ators as request it, with copies of this report. Ordered, That the Secretary furnish such Sen MONDAY, November 27. HENRY TAZEWELL, from the State of Virginia, attended. Mr. BINGHAM reported, from the joint committee, that they had waited on the President of the United, States, and had notified him that a quorum of the two Houses is assembled; and that The Senate resumed the consideration of the the President of the United States acquaint-report of the committee, of the draught of an Aded the committee that he would meet the two dress in answer to the Speech of the President Houses, in the Representatives' Chamber, at 12 of the United States, to both Houses of Cono'clock to-morrow. gress, at the opening of the session; which, being read in paragraphs, and amended, was adopted, as follows: THURSDAY, November 23. A message from the House of Representatives informed the Senate that the House are now ready to meet the Senate in the Chamber of that House, to receive such communications as the President of the United States shall please to make them. The Senate then repaired to the Chamber of the House of Representatives for the purpose above expressed. The Senate returned to their own Chamber, and a copy of the Speech of the President of the United States, this day addressed to both Houses of Congress, was read. [For which see proceedings in Ho. of Reps.] Ordered, That Messrs. STOCKTON, LAURANCE, and LIVERMORE, be a committee to report the draught of an Address to the President of the United States, in answer to his Speech, this day, to both Houses of Congress; and that the Speech be printed for the use of the Senate. FRIDAY, November 24. A message from the House of Representatives informed the Senate, that the House have agreed to so much of the resolution of the Senate, of the 22d instant, relative to the appointment of Chap To the President of the United States: SIR: The communications you thought proper to make in your Speech to both Houses of Congress on the opening of their present session, afford additional proofs of the attention, integrity, and firmness, which have always marked your official character. We cannot but approve of the measures you had taken to ascertain the state and decline of the contagious delphia, and the pleasing circumstance that Congress is sickness which has so lately afflicted the city of Philahealth of its members, evinces the propriety of your now assembled at that place, without hazard to the having postponed a determination to convene the National Legislature at another place. We shall take into consideration the law of 1794 on this subject, and will readily concur in any amendment which may be deemed expedient. It would have given us much pleasure to have received your congratulations on the re-establishment of peace in Europe, and the restoration of security to the persons and property of our citizens from injustice and violence at sea. But, though these events, so desirable to our country and the world, have not taken place, yet we have abundant cause of gratitude to the Great Disposer of human events for interior tranquillity and personal security, for propitious seasons, prosperous agriculture, productive fisheries, and general improvement; and, above all, for a rational spirit of civil and religious liberty, and a calm, but steady determination to support our sovereignty against all open and secret attacks. We learn, with satisfaction, that our Envoys Extraordinary to the French Republic had safely arrived in Europe, and were proceeding to the scene of negotiation; and, whatever may be the result of the mission, we are perfectly satisfied that nothing on your part has been omitted, which could, in any way, conduce to a successful conclusion of the negotiation, upon terms compatible with the safety, honor, and interest, of the United States; and we are fully convinced that, in the mean time, a manifestation of that unanimity and energy of which the people of the United States have given such memorable proofs, and a proper exertion of those resources of national defence, which we possess, will essentially contribute to the preservation of peace and the attainment of justice. We think, sir, with you, that the commerce of the United States is essential to the growth, comfort, and prosperity of our country; and that the faith of society is pledged for the preservation of the rights of commercial and seafaring, no less than of other citizens. And even if our negotiation with France should terminate favorably, and the war in Europe cease, yet the state of society, which unhappily prevails in so great a portion of the world, and the experience of past times, under better circumstances, unite in warning us that a commerce so extensive, and which holds out so many temptations to lawless plunderers, can never be safe without protection; and we hold ourselves obliged, by every tie of duty which binds us to our constituents, to promote and concur in such measures of marine defence, as may convince our merchants and seamen that their rights are not sacrificed, nor their injuries forgotten We regret, that, notwithstanding the clear and explicit terms of the treaty between the United States and His Catholic Majesty, the Spanish garrisons are not yet withdrawn from our territory, nor the running of the boundary line commenced. The United States have been faithful in the performance of their obligations to Spain, and had reason to expect a compliance equally prompt on the part of that Power. We still, however, indulge the hope that the convincing answers, which have been given to the objections stated by the Spanish officers, to the immediate execution of the treaty, will have their proper effect; and that this treaty, so mutually beneficial to the contracting parties, will be finally observed with good faith. We therefore entirely approve of your determination to continue in readiness to receive the posts, and to run the line of partition between our territory and that of the King of Spain. Attempts to alienate the affections of the Indians; to form them into a confederacy, and to excite them to actual hostility against the United States, whether made by foreign agents, or by others, are so injurious to our interests at large, and so inhuman with respect to our citizens inhabiting the adjacent territory, as to deserve the most exemplary punishment; and we will cheerfully afford our aid in framing a law, which may prescribe a punishment adequate to the commission of crimes so heinous. The several objects you have pointed out to the attention of the Legislature, whether they regard our internal or external relations, shall receive from us that consideration which they merit; and we will readily concur in all such measures as may be necessary, either to enable us to fulfil our engagements at home, or to cause ourselves to be respected abroad. And, at this portentous period, when the Powers of Europe, with whom we are connected by treaty or commerce, are in [SENATE. so critical a situation, and when the conduct of some of those Powers towards the United States are so hostile and menacing, the several branches of the Government are, in our opinion, called upon, with peculiar importunity, to unite, and, by union, not only to devise and carry those measures on which the safety and prosperity of our country depend, but also to undeceive those nations who, regarding us as a weak and divided people, have pursued systems of aggression inconsistent with a state of peace between independent nations. And, sir, we beg leave to assure you, that we derive a singular consolation from the reflection that, at such a time, the Executive part of our Government has been committed to your hands, for, in your integrity, talents, and firmness, we place the most entire confidence. JACOB READ, President of the Senate pro tempore. Ordered, That the committee who prepared the Address wait on the President of the United States, and desire him to acquaint the Senate at what time and place it will be most convenient for him that it should be presented. On motion, Ordered, That Messrs. TRACY, BINGHAM, and GREENE, be a committee, to inquire what business remained unfinished at the close of the last session of Congress, which, in their opinion, is proper for the Senate to take into consideration the present session, and, also, what laws will expire before the next session of Congress, and report thereon to the Senate. TUESDAY, November 28. Mr. STOCKTON reported, from the committee, that they had waited on the President of the United States, and that he would receive the Address of the Senate this day at 12 o'clock, at his own house. The Senate accordingly waited on the PRESIDENT OF THE UNITED STATES, and the PRESIDENT pro tempore, in their name, presented the Address agreed to yesterday. To which the PRESIDENT made the following Reply: Gentlemen of the Senate: I thank you for this Address. When, after the most laborious investigation, and serious reflection, without partial considerations, or personal motives, measures have been adopted or recommended, I can receive no higher testimony of their rectitude, than the approbation of an assembly, so independent, patriotic, and enlightened, as the Senate of the United States. Nothing has afforded me more entire satisfaction, than the coincidence of your judgment with mine, in the opinion of the essential importance of our commerce, and the absolute necessity of a maritime defence. What is it, that has drawn to Europe the superfluous riches of the three other quarters of the globe, but a marine? What is it that has drained the wealth of Europe itself into the coffers of two or three of its principal commercial Powers, but a marine? The world has furnished no example of a flourishing commerce, without a maritime protection; and a moderate knowledge of man and his history will convince any one, that no such prodigy ever can arise. A mer SENATE.] Proceedings. [DECEMBER, 1797. cantile marine and a military marine must grow up sion list," and which was postponed by the Senate together; one cannot long exist without the other. to this session, and report thereon. JOHN ADAMS. UNITED STATES, November 28, 1797. The Senate returned to their own Chamber, and adjourned. WEDNESDAY, November 29. The PRESIDENT laid before the Senate the memorial and address of the people called Quakers, from their yearly meeting, held in Philadelphia, in the year 1797, requesting the attention of Congress to the oppressed state of the African race, and the general prevalence of vice and immorality; and the same was read and ordered to lie on the table. Ordered, That Messrs. GOODHUE, Laurance, TRACY, BINGHAM, and GUNN, be a committee to take into consideration that part of the President's Speech, which recommends some measures being adopted for the security and protection of the commerce of the United States; and to report thereon by bill or otherwise. Mr. GUNN presented the representation and remonstrance of the Legislature of Georgia, against the hardships and danger to which the citizens of the said State are exposed, by the operation of an act, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," and in consequence of certain treaties entered into by the United States with certain Indian tribes; and the same was read and ordered to lie for consideration. Ordered, That Messrs. BLOODWORTH, LANGDON, and ANDERSON, be a committee to consider and report, by bill or otherwise, on that part of the President's Speech that relates to the amendment of the law of 1794, respecting the convening of Congress, in case of contagious sickness. THURSDAY, November 30. Mr. TRACY, from the committee appointed to inquire what business remained unfinished at the close of the last session of Congress, reported in part, and asked leave for the committee to sit again. Ordered, That the memorial and address of the people called Quakers, presented yesterday, be withdrawn. FRIDAY, December 1. JAMES HILLHOUSE, from the State of Connecticut, attended. MONDAY, December 4. Mr. ANDERSON presented the petition and memorial of the Legislature of the State of Tennessee, against the extension of the boundary line between the United States and the Cherokee Indians, by Benjamin Hawkins, Andrew Pickens, and James Winchester, commissioners on behalf of the United States; which was read. Ordered, That it be referred to Messrs. ANDERSON, LAURANCE, and TRACY, to consider and report thereon to the Senate. The PRESIDENT laid before the Senate the following communication: "The Commissioners of the Sinking Fund respectfully report to Congress : the Board, subsequent to their last reports of the 16th "JACOB READ, "December 4, 1797." The report and papers were read, and ordered to be printed for the use of the Senate. TUESDAY, December 5. Mr. HILLHOUSE laid before the Senate the pe tition of William Imlay, loan officer of the State of Connecticut, praying the payment of his account for extra clerk hire, occasioned by the additional duties of his office; which was read. Ordered, That it be referred to the Secretary of the Department of the Treasury to consider and report thereon to the Senate. Mr. TRACY, from the committee appointed to inquire what business remained unfinished at the close of the last session of Congress, made a further report; which was read, and ordered to lie on the table. WEDNESDAY, December 6. Mr. BLOODWORTH reported, from the committee to whom was referred that part of the President's Speech which relates to the amendment of the law of 1794, respecting the convening of Congress, in case of contagious sickness; and the report was The Senate proceeded to consider the report of the committee, appointed to inquire what business remained unfinished at the close of the last session of Congress; and the report being amend-read, and ordered to lie on the table. ed, was adopted. Whereupon, Ordered, That Messrs. TRACY, GUNN, and PAINE, be a committee to take into consideration the subject of a bill, passed in March last, by the House of Representatives, "directing the Secretary of War to place certain persons on the pen The Senate proceeded to consider the report of the committee, appointed to inquire what business remained unfinished at the close of the last session of Congress. Ordered, That the report be printed for the use of the Senate. |
