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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.
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 journed. of Philadelphia, conformably to law; and the Senate assembled accordingly in their Chamber.
Monday, November 20.
James Gunn, from the State of Georgia, at-
No quorum being present, adjourned.
Tuesday, November 21.
Ray Greene, appointed a Senator by the State WORTH, from North Carolina ;
ford, resigned, produced his credentials. Jacob READ, from South Carolina. The number of members present not being suf- Jersey, attended.
Richard STOCKTON, from the State of New ficient to constitute a quorum, the Senate adjourned to 11 o'clock to-morrow morning.
No quorum being present, the Senate adjourned.
Tuesday, November 14.
Wednesday, November 22. John LAURANCE, from the State of New York, and Henry Latimer, from the State of Delaware, proceeded to the choice of a President .pro tem
The Vice President being absent, the Senate severally attended.
The number of members present not being suf- pore, as the Constitution provides ; and Jacob ficient to constitute a quorum, the Senate ad
Read was duly elected. journed.
Joseph ANDERSON, appointed a Senator by the State of Tennessee, for the remainder of the term
which the late Senator William Blount had Wednesday, November 15.
drawn, and was entitled to have served, had he Benjamin Goodhue, from the State of Massa- not been expelled, produced his credentials;
which chusetts, attended.
were read. The number of members present not being suf
NATHANIEL CHIPMAN, appointed a Senator by the ficient to constitute a quorum, the Senate ad- State of Vermont, in the płace-of Isaac Tichejourned.
nor, elected Governor, produced his credentials ; which were read.
The credentials of Ray GREENE were read. Thursday, November 16.
ANDREW Jackson, appointed a Senator, by the The Senate assembled, and the number of mem- State of Tennessee, produced his credentials; bers present not being sufficient to constitute a
which were read. quorum, the Senate adjourned.
The oath required by law was administered by the President, to Messrs. Anderson, Chipman,
GREENE, and Jackson, they having severally taken Friday, November 17.
their seats in the Senate. John Langdon, from the State of New Hamp. A message from the House of Representatives shire, attended.
informed the Senate, that a quorum of the House The number of members present not being suf- is assembled, and ready to proceed to business. ficient to constitute a quorum, the Senate ad- Ordered, That the Secretary acquaint the journed.
House of Representatives that a quorum of the SENATE.]
[NOVEMBER, 1797. Senate is assembled, and are ready to proceed to lains, as is contained in the words following, to business; and that, in the absence of the Vice wit: PRESIDENT, they have elected Jacob READ, Pre- Resolved, That two Chaplains be appointed sident of the Senate pro tempore.
to Congress for the present session, one by each Resolved, That each Senator be supplied, dur- House, who shall interchange weekly." ing the present session, with copies of three such “ The House have proceeded, by ballot, io the newspapers, printed in any of the States, as he appointment of a Chaplain on their part; and, may choose, provided that the same are furnished upon examining the ballots, a majority of the votes at the rate of the usual annual charge for such of the whole House was found in favor of the papers.
Rev. Ashbel GREEN." A message from the House of Representatives informed the Senate, that the House have appointed a joint committee on their part, together with
SATURDAY, November 25. such committee as the Senate may appoint, to
Mr. STOCKTON, from the committee, reported wait on the President of the United States, and the draught of an Address to the President of notify him that a quorum of the two Houses the United States, in answer to his Speech to is assembled, and ready to receive any commuôi- both Houses of Congress, at the opening of the cations that he may be pleased to make to them. session; which was read. Resolved, That the Senate do concur in the
On motion, that a number of copies be printed, appointment of a joint committee, and that Messrs. under an injunction that no more should be struck Bingham and Tracy be the committee on the off than may be necessary for the use of the Senpart of the Senate.
ate, it passed in the negative. Resolved, That two Chaplains be appointed to Congress for the present session, one by each ators as request it, with copies of this report.
Ordered, That the Secretary furnish such SenHouse, who shall interchange weekly; and that the Right Rev. Bishop White be Chaplain on the part of the Senate.
Monday, November 27. Mr. Bingham reported, from the joint committee, that they had waited on the President of
HENRY TAZEwell, from the State of Virginia, the United. States, and had notified him that a
attended. 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 adopt
ed, as follows: Thursday, November 23.
To the President of the United States : A message from the House of Representatives Sir: The communications you thought proper to informed the Senate that the House are now rea- make in your Speech to both Houses of Congress on dy to meet the Senate in the Chamber of that the opening of their present session, afford additional House, to receive such communications as the proofs of the attention, integrity, and firmness, which President of the United States shall please to
have always inarked your official character. make them.
We cannot but approve of the measures you had The Senate then repaired to the Chamber of taken to ascertain the state and decline of the contagious the House of Representatives for the purpose delphia, and the pleasing circumstance that Congress is
sickness which has so lately afflicted the city of Philaabove expressed. The Senate returned to their own Chamber, health of its members, evinces the propriety of your
now assembled at that place, without hazard to the and a copy of the Speech of the President of having postponed a determination to convene the Nathe United States, this day addressed to both tional Legislature at another place. We shall take Houses of Congress, was read. [For which see into consideration the law of 1794 on this subject, and proceedings in Ho. of Reps.]
will readily concur in any amendment which may be Ordered, That Messrs. STOCKTON, LAURANCE, deemed expedient. and LIVERMORE, be a committee to report the It would have given us much pleasure to have redraught of an Address to the President of the ceived your congratulations on the re-establishment of United States, in answer to his Speech, this day, peace in Europe, and the restoration of security to the to both Houses of Congress; and ihat the Speech persons and property of our citizens from injustice and be printed for the use of the Senate.
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 DisFriday, November 24.
poser of human events for interior tranquillity and per
sonal security, for propitious seasons, prosperous agriA message from the House of Representatives culture, productive fisheries, and general improvement; informed the Senate, that the House have agreed and, above all, for a rational spirit of civil and religious to so much of the resolution of the Senate, of the liberty, and a calm, but steady determination to support 22d instant, relative to the appointment of Chap- our sovereignty against all open and secret attacks.
We learn, with satisfaction, that our Envoys Extra- so critical a situation, and when the conduct of some ordinary to the French Republic had safely arrived in of those Powers towards the United States are so hos. Europe, and were proceeding to the scene of negotia- tile and menacing, the several branches of the Gov. tion; and, whatever may be the result of the mission, ernment are, in our opinion, called upon, with we are perfectly satisfied that nothing on your part has peculiar importunity, to unite, and, by union, not been omitted, which could, in any way, conduce to a only to devise and carry those measures on which successful conclusion of the negotiation, upon terms the safety and prosperity of our country depend, compatible with the safety, honor, and interest, of the but also to undeceive those nations who, regarding us United States ; and we are fully convinced that, in the as a weak and divided people, have pursued systems of mean time, a manifestation of that unanimity and en- aggression inconsistent with a state of peace between ergy of which the people of the United States have independent nations. And, sir, we beg leave to assure given such memorable proofs, and a proper exertion of you, that we derive a singular consolation from the those resources of national defence, which we possess, reflection that, at such a time, the Executive part of will essentially contribute to the preservation of peace
our Government has been committed to your hands, and the attainment of justice.
for, in your integrity, talents, and firmness, we place We think, sir, with you, that the commerce of the the most entire confidence. United States is essential to the growth, comfort, and
JACOB READ, prosperity of our country; and that the faith of society
President of the Senate pro tempore. is pledged for the preservation of the rights of commer- Ordered, That the committee who prepared cial and seafaring, no less than of other citizens. And the Address wait on the President of the United even if our negotiation with France should terminate States, and desire him to acquaint the Senate at favorably, and the war in Europe cease, yet the state of what time and place it will be most convenient society, which unhappily prevails in so great a portion for him that it should be presented. of the world, and the experience of past times, under better circumstances, unite in warning us that a com- Bingham, and Greene, be a committee, to inquire
On motion, Ordered, That Messrs. TRACY, merce so extensive, and which holds out so many what business remained unfinished at the close of temptations to lawless planderers, can never be safe the last session of Congress, which, in their opinwithout protection; and we hold ourselves obliged, by every tie of duty which binds us to our constituents, to ion, is proper for the Senate to take into considerpromote and concur in such measures of marine de-ation the present session, and, also, what laws will fence, as may convince our merchants and seamen that expire before the next session of Congress, and their rights are not sacrificed, nor their injuries forgotten. report thereon to the Senate.
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
Tuesday, November 28. yet withdrawn from our territory, nor the running of Mr. STOCKTON reported, from the committee, the boundary line commenced. The United States that they had waited on the President of the have been faithful in the performance of their obliga- United States, and that he would receive the tions to Spain, and had reason to expect a compliance Address of the Senate this day at 12 o'clock, at equally prompt on the part of that Power. We still, his own house. however, indulge the hope that the convincing answers, which have been given to the objections stated by the
The Senate accordingly waited on the PresiSpanish officers, to the immediate execution of the
DENT OF THE UNITED STATES, and the PresidENT treaty, will have their proper effect; and that this treaty, pro tempore, in their name, presented the Address so mutually beneficial to the contracting parties, will agreed to yesterday. be finally observed with good faith. We therefore en.
To which the President made the following tirely approve of your determination to continue in Reply: readiness to receive the posts, and to run the line of Gentlemen of the Senate : partition between our territory and that of the King of
I thank you for this Address. Spain.
When, after the most laborious investigation, and Attempts to alienate the affections of the Indians ; to serious reflection, without partial considerations, or perform them into a confederacy, and to excite them to sonal motives, measures have been adopted or recomactual hostility against the United States, whether made mended, I can receive no higher testimony of their by foreign agents, or by others, are so injurious to our rectitude, than the approbation of an assembly, so indeinterests at large, and so inhuman with respect to our pendent, patriotic, and enlightened, as the Senate of citizens inhabiting the adjacent territory, as to deserve the United States. the most exemplary punishment; and we will cheerfully Nothing has afforded me more entire satisfaction, afford our aid in framing a law, which may prescribe a than the coincidence of your judgment with mine, in punishment adequate to the commission of crimes so the opinion of the essential importance of our commerce, heinous.
and the absolute necessity of a maritime defence. What The several objects you have pointed out to the is it, that has drawn to Europe the superfluous riches attention of the Legislature, whether they regard our of the three other quarters of the globe, but a marine ? internal or external relations, shall receive from us that What is it that has drained the wealth of Europe itself consideration which they merit ; and we will readily into the coffers of two or three of its principal commerconcur in all such measures as may be necessary, either cial Powers, but a marine ? to enable us to fulfil our engagements at home, or to The world has furnished no example of a flourishing cause ourselves to be respected abroad. And, at this commerce, without a maritime protection ; and a modportentous period, when the Powers of Europe, with erate knowledge of man and his history will convince whom we are connected by treaty or commerce, are in any one, that no such prodigy ever can arise. A mer
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.
MONDAY, December 4. adjourned.
Mr. ANDERSON presented the petition and me
morial of the Legislature of the State of TennesWednesday, November 29.
see, against the extension of the boundary line be
tween the United States and the Cherokee InThe President laid before the Senate the medians, by Benjamin Hawkins, Andrew Pickens, morial and address of the people called Quakers, and James Winchester, commissioners on behalf from their yearly meeting, held in Philadelphia, of the United States; which was read. in the year 1797, requesting the attention of Con
Ordered, That it be referred to Messrs. ANDERgress to the oppressed state of the African race, son, LAURANCE, and Tracy, to consider and report and the general prevalence of vice and immorali- thereon to the Senate. ty; and the same was read and ordered to lie on
The PRESIDENT laid before the Senate the folthe table.
lowing communication: Ordered, That Messrs. Goodhue, LAURANCE,
“ The Commissioners of the Sinking Fund respectTracy, Bingham, and Gunn, be a committee tó take into consideration that part of the President's fully report to Congress : Speech, which recommends some measures being the Board, subsequent to their last reports of the 16th
“That the measures which have been authorized by adopted for the security and protection of the of December, 1796, and 25th of January, 1797, so far commerce of tne United States ; and to report as the same have been completed, are fully detailed in thereon by bill or otherwise.
the report of the Secretary of the Treasury to this Mr. Gunn presented the representation and re- Board, dated the 30th of November, 1797, and in the monstrance of the Legislature of Georgia, against proceedings of the accounting officers therein referred the hardships and danger to which the citizens of to, which are herewith transmitted, and prayed to be the said State are exposed, by the operation of an received as part of this report. act, entitled " An act to regulate trade and inter
« On behalf of the Board, course with the Indian tribes, and to preserve
“ JACOB READ, peace on the frontiers," and in consequence of
“ President of the Senate pro tempore. certain treaties entered into by the United States “ December 4, 1797." with certain Indian tribes; and the same was read and ordered to lie for consideration.
The report and papers were read, and ordered Ordered, That Messrs. BloodwoRTH, Lang- to be printed for the use of the Senate. DON, 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 amend
Tuesday, December 5. ment of the law of 1794, respecting the convening Mr. Hillhouse laid before the Senate the of Congress, in case of contagious sickness. tition of William Imlay, loan officer of the State
of Connecticut, praying the payment of his ac
count for extra clerk hire, occasioned by the addiThursday, November 30.
tional duties of his office; which was read. Mr. Tracy, from the committee appointed to Ordered, That it be referred to the Secretary of inquire what business remained unfinished at the the Department of the Treasury to consider and close o? the last session of Congress, reported in report thereon to the Senate. part, and asked leave for the committee to sit
Mr. TRACY, from the committee appointed to again.
inquire what business remained unfinished at the Ordered, That the memorial and address of close of the last session of Congress, made a furthe people called Quakers, presented yesterday, be ther report ; which was read, and ordered to lie on withdrawn.
Friday, December 1.
WEDNESDAY, December 6. JAMES Hillhouse, from the State of Connecti- Mr. BlOODWORTH reported, from the committee cut, attended.
to whom was referred that part of the President's The Sepate proceeded to consider the report of Speech which relates to the amendment of the the committee, appointed to inquire what busi- law of 1794, respecting the convening of Congress, ness remained unfinished at the close of the last in case of contagious sickness; and the report was session of Congress; and the report being amend-read, and ordered to lie on the table. ed, was adopted. Whereupon,
The Senate proceeded to consider the report of Ordered, That Messrs. Tracy, Gunn, and the committee, appointed to inquire what business Paine, be a committee to take into consideration remained unfinished at the close of the last the subject of a bill, passed in March last, by the session of Congress. House of Representatives, "directing the Secre- Ordered, That the report be printed for the use tary of War to place certain persons on the pen- of the Senate.