H.OF R.] FRIDAY, November 17. Encouragement of the Arts. Several other members, to wit: from Massachusetts, DWIGHT FOSTER; from New York, PHILIP VAN CORTLANDT ; and from Virginia, CARTER B. HARRISON, appeared, and took their seats in the House. Mr. Coir, from the Committee of Elections, made a report that the newly returned members were entitled to their seats. Mr. HARPER said, as he understood the late Committee of Claims was not now in existence, he should move for the appointment of such a committee. [NOVEMBER, 1797. WEDNESDAY, November 22. Two other members, to wit: from Pennsylvania, DAVID BARD, and SAMUEL SITGREAVES, appeared and took their seats. A message was received from the Senate informing the House that the Senate had formed a quorum, and that they had elected Mr. READ as President pro tem. Mr. WILLIAMS moved that a committee be appointed, jointly with one to be appointed by the Senate, to wait on the President of the United States, to inform him that quorums of both Houses are assembled, and are ready to receive any communications which he may think proper to make to them. The motion was agreed to, and Messrs. Oris, RUTLEDGE, and DAWSON, were appointed a committee for the purpose. forming the House that they concurred with them A message was received from the Senate inin the appointment of a committee to wait on the President, and that they had appointed Messrs. BINGHAM and TRACY, a committee on their part. had performed the service, and that the President Subsequently, the committee reported that they had signified that he would meet both Houses in the Representatives' Chamber to-morrow at 12 o'clock. CUSTOM-HOUSE REGULATIONS. Mr. RUTLEDGE presented a memorial from the merchants of Charleston, complaining of the operation of the law for the regulation of the customhouse at that place, by which the collector is to cause to be weighed by his own officers, all goods and wares imported, which were heretofore weighed by the proprietors of the wharves, who kept persons for the purpose, and which added considerably to the value of the private property of the individuals owning the said wharves. They state nience, and pray for redress. Referred to the this grievance to have put them to great inconveSecretary of the Treasury. ENCOURAGEMENT OF THE ARTS. Mr. Corr observed that there were, in his opinion, some inconsistencies in the act for the encouragement and protection of the useful arts. By this act, any person swearing that he is the expense of the patent, may obtain one; and if any inventor of any improvement, and paying the person infringes it, he has his remedy by suing define who was the real inventor; this was left to him. The general scope of the act did not go to be determined. In the former act on this subject, certain of the Heads of Departments were to determine whether any object proposed for a patent was really a new invention. In looking further into the act he found two clauses which he thought The motion was agreed to, and a committee of inconsistent with the general tenor of the law, seven members appointed, viz: Messrs. LIVING- [these he read,] and therefore moved that a comSTON, CHAMPLIN, GRISWOLD, SCHUREMAM, SWAN-mittee be appointed to inquire whether any, and if WICK, GROVE, and DENT. The motion was carried, and a committee of seven members were appointed, viz: Messrs. DWIGHT FOSTER, COIT, THOMSON, HANNA, BAER, JONES, and STANFORD. Mr. LIVINGSTON moved that a Committee of Commerce and Manufactures be also appointed. After the reception and disposition of several private memorials, the House adjourned. any, what alterations are necessary to be made in the said act. Agreed to, and a committee of three members appointed. BENJAMIN WELLS. Mr. FINDLEY presented the memorial of Benjamin Wells, collector of revenue for the fourth survey of the district of Pennsylvania, who states that, in the years 1791, 1792, 1793, and 1794, and particularly in the last year, he had been greatly obstructed in the performance of his duty by persons opposed to the laws which he had to execute, by which he had experienced considerable loss and injury. He acknowledges having received from the commissioners, in pursuance of the act passed on this subject, upwards of eight hundred dollars, but this sum being inadequate to his compensation, he prays for further relief. Mr. F. moved that this memorial, being a singular case, and the petitioner being in town waiting the issue of his application, should be referred to a select committee. This motion was seconded by Mr. HARTLEY, and opposed by Messrs. Corr and MACON, who were of opinion that the subject would come properly under the cognizance of the Committee of Claims, and that it was desirable, in order to preserve a uniformity in their proceedings, to have this and all other claims, referred to the standing committee. Mr. MACON therefore moved that this petition should be referred to the Committee of Claims; but, at the request of Mr. HARTLEY, both motions were withdrawn, and the petition was ordered to lie on the table. [H. OF R. which included the subject of an establishment of a marine hospital, and other important matters. He wished this subject referred to a Committee of the Whole. Agreed to, and made the order for Tuesday. Several other reports were moved for, and similarly disposed of. Mr. VENABLE thought it not right that business which was perfectly new to many members should be thus referred to Committees of the Whole. He did not think the resolution of the Committee of Revisal and Unfinished Business went so far. He thought that it meant only that the petitions and reports should be taken up and read, and then disposed of as the House should think proper. The SPEAKER decided that the order taken was agreeable to the reported resolution of the Committee of Revisal and Unfinished Business, which had been agreed to. A message was received from the Senate informing the House that they had agreed to a resolution for the appointment of two Chaplains, one for each House, to interchange weekly; and that they had appointed on their part the Right Reverend Bishop WHITE. THURSDAY, November 23. Two new members, to wit: WILLIAM C. C. Mr. FINDLEY gave notice he should call it up CLAIBORNE, from the State of Tennessee; and to-morrow. UNFINISHED BUSINESS. On motion of Mr. HARPER, the report of the Committee of Revisal and Unfinished Business was taken up, and the following resolution having been read, was agreed to: "Resolved, That all petitions depending and undecided upon at the second session of the fourth Congress, and at the last session, ought to be taken up and acted upon by the House, as the same may be called for by any member, or upon the application of the individual claimant or petitioner." Mr. HARPER then observed, that amongst the unfinished business, there was a report on the petition of Henry Hill, which was favorable to the petitioner. He wished, as the business had been long before the House, to have it early decided upon, and would move, therefore, that it be committed to a Committee of the Whole House. Agreed to, and made the order for Monday. Mr. LIVINGSTON said, amongst the unfinished business, he found a bill for the relief of refugees from Canada and Nova Scotia. He wished it to be referred to a Committee of the Whole. Agreed to, and made the order for Monday. Mr. HARPER observed, that towards the close of the last session, a very distressing case was brought before the House, and postponed for want of time; he meant that of Antonia Carmichael, widow of William Carmichael. He moved that the report be referred to a Committee of the Whole. Agreed to, and made the order for Tuesday. Mr. LIVINGSTON said, there was a report of a select committee on the operation of the act for the relief and protection of American seamen, THOMAS PINCKNEY, returned to serve as a member of this House for the State of South Carolina, in the room of William Smith, appointed Minister Plenipotentiary of the United States to the Court of Lisbon, appeared, produced their credentials, and took their seats in the House; the oath to support the Constitution of the United States being first administered to them by Mr. SPEAKER, according to law. Two other members, to wit: from Virginia, THOMAS CLAIBORNE and JOHN CLOPTON, appeared, and took their seats in the House. PRESIDENT'S SPEECH. The hour of twelve being near at hand, the SPEAKER announced it, and a message was sent to the Senate to inform them that they were met, and ready to receive the communications of the President of the United States, agreeably to his appointment. The members of the Senate attended accordingly, and about a quarter after twelve the PRESIDENT OF THE UNITED STATES (after visiting the Senate Chamber) entered the House, accompanied by his Secretary and the Heads of Departments, and, being seated, rose and delivered the following Address: Gentlemen of the Senate, and Gentlemen of the House of Representatives: necessary, on account of the contagious sickness which I was for some time apprehensive that it would be afflicted the city of Philadelphia, to convene the National Legislature at some other place. This measure it was desirable to avoid, because it would occasion much public inconvenience, and a considerable public expense, and add to the calamities of the in habitants of this city, whose sufferings must have excited the sympathy of all their fellow-citizens. Therefore, after taking measures to ascertain the state and decline of the sickness, I postponed my determination, having hopes, now happily realized, that, without hazard to the lives or health of the members, Congress might assemble at this place, where it was next by law to meet. I submit, however, to your consideration, whether a power to postpone the meeting of Congress, without passing the time fixed by the Constitution, upon such occasions, would not be a useful amendment to the law of one thousand seven hundred and ninetyfour. [NOVEMBER, 1797. agriculture, fisheries, arts, and manufactures, are connected with and depend upon it; in short, commerce has made this country what it is, and it cannot be destroyed or neglected without involving the people in poverty and distress; great numbers are directly and solely supported by navigation-the faith of society is pledged for the preservation of the rights of commercial, and seafaring, no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a neglect of duty, if I forebore to recommend that we should make every exertion to protect our commerce, and to place our country in a suitable posture of defence, as the only sure means of preserving both. Although I cannot yet congratulate you on the re-esI have entertained an expectation, that it would have tablishment of peace in Europe, and the restoration of se- been in my power, at the opening of this session, to curity to the persons and properties of our citizens from have communicated to you the agreeable information of injustice and violence at sea, we have nevertheless the due execution of our treaty with His Catholic Maabundant cause of gratitude to the Source of Benevo-jesty, respecting the withdrawing of his troops from our lence and Influence, for interior tranquillity and person- territory, and the demarkation of the line of limits; but al security, for propitious seasons, prosperous agricul- by the latest authentic intelligence, Spanish garrisons ture, productive fisheries, and general improvements; were still continued within the limits of our country, and, above all, for a rational spirit of civil and religious and the running of the boundary line had not been comliberty, and a calm, but steady determination to sup menced. These circumstances are the more to be report our sovereignty, as well as our moral and religious gretted, as they cannot fail to affect the Indians in a principles, against all open and secret attacks. manner injurious to the United States; still, however, Our Envoys Extraordinary to the French Republic indulging the hope that the answers which have been embarked, one in July, the other early in August, to given, will remove the objections offered by the Spanish join their colleague in Holland. I have received intel-officers to the immediate execution of the treaty, I have ligence of the arrival of both of them in Holland, from whence they all proceeded on their journey to Paris, within a few days of the nineteenth of September. Whatever may be the result of this mission, I trust that nothing will have been omitted on my part, to conduct the negotiation to a successful conclusion, on such equitable terms as may be compatible with the safety, honor, and interests of the United States. Nothing, in the meantime, will contribute so much to the preservation of peace, and the attainment of justice, as a manifestation of that energy and unanimity of which, on many former occasions, the people of the United States have given such memorable proofs, and the exertion of those resources for national defence, which a beneficent Providence has kindly placed within their power. It may be confidently asserted, that nothing has occurred since the adjournment of Congress, which renders inexpedient those precautionary measures recommended by me to the consideration of the two Houses, at the opening of your late extraordinary session. If that system was then prudent, it is more so now, as increasing depredations strengthen the reasons for its adoption. judged it proper that we should continue in readiness to receive the posts, and to run the line of limits. Further information on this subject will be communicated in the course of the session. In connection with the unpleasant state of things on our western frontier, it is proper for me to mention the attempts of foreign agents to alienate the affections of the Indian nations, and to excite them to actual hostilities against the United States; great activity has been exerted by these persons, who have insinuated themselves among the Indian tribes, residing within the territory of the United States, to influence them, to transfer their affections and force to a foreign nation, to form them into a confederacy, and prepare them for war, against the United States. Although measures have been taken to counteract these infractions of our rights, to prevent Indian hostilities, and to preserve their attachment to the United States, it is my duty to observe, that, to give a better effect to these measures, and to obviate the consequences of a repetition of such practices, a law, providing adequate punishment for such offences, may be necessary. Indeed, whatever may be the issue of the negotiation The Commissioners appointed under the fifth article with France, and whether the war in Europe is or is of the Treaty of Amity, Commerce, and Navigation, not to continue, I hold it most certain that perfect tran-between the United States and Great Britain, to ascerquillity and order will not soon be obtained. The state of society has so long been disturbed; the sense of moral and religious obligations so much weakened; public faith and national honor have been so impaired; respect to treaties has been so diminished, and the law of nations has lost so much of its force; while pride, ambition, avarice, and violence, have been so long unre strained, there remains no reasonable ground on which to raise an expectation, that a commerce, without pro-in August: they met; but the surveys, requiring more tection or defence, will not be plundered. The commerce of the United States is essential, if not to their existence, at least to their comfort, their growth, prosperity, and happiness. The genius, character, and habits of the people are highly commercial; their cities have been founded, and exist, upon commerce; our tain the river, which was truly intended, under the name of the river St. Croix, mentioned in the Treaty of Peace, met at Passamaquoddy Bay in October, 1796, and viewed the mouths of the rivers in question, and the adjacent shores and islands; and being of opinion, that actual surveys of both rivers to their sources, were necessary, gave the agents of the two nations instructions for that purpose, and adjourned to meet at Boston time than had been supposed, and not being then completed, the Commissioners again adjourned to meet at Providence, in the State of Rhode Island, in June next, when we may expect a final examination and decision. The Commissioners appointed in pursuance of the sixth article of the treaty, met at Philadelphia in May last, to examine the claims of British subjects, for debts contracted before the peace, and still remaining due to them, from citizens or inhabitants of the United States. Various causes have hitherto prevented any determinations; but the business is now resumed, and doubtless will be prosecuted without interruption. Several decisions on the claims of the citizens of the United States, for losses, and damages, sustained by reason of irregular and illegal captures, or condemnations, of their vessels or other property, have been made by the Commissioners in London, conformably to the seventh article of the treaty; the sums awarded by the Commissioners have been paid by the British Government; a considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid. The Commissioners appointed agreeably to the 21st article of our Treaty with Spain, met at Philadelphia in the Summer past, to examine and decide on the claims of our citizens for losses they have sustained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty, during the late war between Spain and France; their sittings have been interrupted, but are now resumed. The United States being obligated to make compensation for the losses and damages sustained by British subjects, upon the award of the Commissioners acting under the sixth article of the Treaty with Great Britain, and for the losses and damages sustained by British subjects, by reason of the capture of their vessels and merchandise, taken within the limits and jurisdiction of the United Sates, and brought into their ports, or taken by vessels originally armed in ports of the United States, upon the awards of the Commissioners acting under the seventh article of the same treaty, it is necessary that provision be made for fulfilling these obligations, The numerous captures of American vessels by cruisers of the French Republic, and of some by those of Spain, have occasio ed considerable expenses, in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose have, in divers instances, been disbursed by the Consuls of the United States; by means of the same captures, great numbers of our seamen have been thrown ashore in foreign countries, destitute of all means of subsistence, and the sick in particular have been exposed to grievous suffering. The Consuls have, in these cases also, advanced moneys for their relief; for these advances they reasonably expect reimbursements from the United States. The Consular act relative to seamen requires revision and amendment; the provisions for their support in foreign countries, and for their return, are found to be inadequate, and ineffectual. Another provision seems necessary to be added to the Consular act; some foreign vessels have been discovered sailing under the flag of the United States, and with forged papers. It seldom happens that the Consuls can detect this deception, be. cause they have no authority to demand an inspection of the registers and sea-letters. Gentlemen of the House of Representatives : It is my duty to recommend to your serious consideration those objects which, by the Constitution, are placed particularly within your sphere-the national debt and taxes. Since the decay of the feudal system, by which the [H. of R. public defence was provided for, chiefly at the expense of individuals, a system of loans has been introduced. And as no nation can raise, within the year, by taxes, sufficient sums for its defence, and military operations in time of war, the sums loaned and debts contracted have necessarily become the subjects of what have been called funding systems. The consequences arising from the continued accumulation of public debts in other countries, ought to admonish us to be careful to prevent their growth in our own. The national defence must be provided for as well as the support of Government; but both should be accomplished, as much as possible, by immediate taxes, and as little as possible by loans. The estimates for the services for the ensuing year will, by my direction, be laid before you. Gentlemen of the Senate and Gentlemen of the House of Representatives : We are met together at a most interesting period; the situations of the principal Powers of Europe are singular and portentous: connected with some by treaties and with all by commerce, no important event there can be indifferent to us; such circumstances call with peculiar importunity, not less for a disposition to and prosperity of our country depend, than for all the unite in all those measures on which the honor, safety, exertions of wisdom and firmness. In all such measures you may rely on my zealous and hearty concurrence. JOHN ADAMS. UNITED STATES, November 23, 1797. Having concluded his Speech, and delivered copies of it to the President pro tem. of the Senate, and to the Speaker of the House of Representatives, the PRESIDENT retired, the SPEAKER resumed the Chair, and the House being come to order, he, as usual, read the Speech from the Chair. This being done, on motion, it was referred to a Committee of the Whole House, and made the order for to-morrow. It was ordered also to be printed. CHAPLAIN TO THE HOUSE. Mr. WILLIAMS observed it was not usual to attend to much business on the day the Speech was delivered; but he should wish that they might take up the resolution of the Senate respecting the appointment of Chaplains. The motion was agreed to, and the resolve of the Senate having been read, Mr. MACON objected to the form of it. If they were to agree to a resolution of this kind, he hoped it would be in the usual form. The Senate, without their concurrence to the resolution, had proceeded to elect a Chaplain, which was contrary to former practice. They ought first, he said, to have known that this House would agree to have Chaplains before they had proceeded to an election. He called for the reading of the former resolution. Mr. WILLIAMS did not think the variation material. Mr. VENABLE wished to have the question divided, as the resolution and election were two distinct things. He therefore moved to strike out the latter part. Mr. DWIGHT FOSTER saw no necessity for striking out any part of the resolution. It might very well be divided. He therefore moved that the H. OF R.] Answer to the President's Speech. sense of the House might first be taken on the former part. Mr. VENABLE Consented, and the first part was agreed to. Mr. WILLIAMS then moved that the House proceed to the election of a Chaplain. Agreed to. The SPEAKER informing the House that a previous nomination was necessary; Mr. WILLIAMS nominated the Rev. ASHBEL GREEN. The Sergeant-at-Arms was directed to collect the ballots, and Messrs. GRISWOLD and N. SMITH were appointed tellers. The votes being examined, Mr. GRISWOLD reported the result to be: For Dr. Green For Dr. Priestley For General Williams 54 6 3 1 1 Dr. GREEN was of course declared duly elected. After reading a few private petitions which were referred to the Committee of Claims, the House adjourned. FRIDAY, November 24. ADDRESS TO THE PRESIDENT. Mr. HARPER moved that the House form itself into a Committee of the Whole on the Speech of the President of the United States. [NOVEMBER, 1797. The CHAIRMAN declaring it would be in order to read the proposition in his place, Mr. LYON read as follows: Resolved, As the opinion of this committee, that the various subjects submitted to the consideration of Congress by the President of the United States, in his Speech to both Houses at the commencement of the present session, ought to be taken into full and mature consideration by this House, and proceeded on with that due attention and despatch which their respective importance and a just regard to the public interest may demand; and that a committee of members be appointed to wait on the President, and in the name of the House respectfully to assure him of its ready cooperation with the other Departments of Government, in all such measures as may be deemed advisable for the public good, and to promote the peace, happiness, and welfare of the United States." Mr. HARPER supposed it was not necessary to use any arguments to show the propriety of adopting the same resolution which had hitherto been thought proper. He believed the occasions for innovation should be evident and strong, before they were resorted to. He had never heard any reason, in private or in public, for departing from the rule which had been laid down by their predecessors. With respect to the propriety of this mode of proceeding, if it should be called in question, he doubted not that there were members present who would show that it was proper, and had been adopted after serious consideration; but the mode proposed having been the constant practice since the adoption of the present Government, was a sufficient reason for continuing it. The gentleman from Vermont had said, "it was a very troublesome and much derided ceremony." With respect to its being troublesome, that was the fault of gentlemen who were opposed to the measure. Mr. HARPER observed that it had been usual for They might make objections to every sentiment the House to present an Address in answer to the in an Answer, and by that means produce a long communications of the President. He said he had debate; otherwise the business would not be a in his hand the resolution which had heretofore troublesome one. As to its being a derided cerebeen adopted, which he should submit to the con- mony, he knew gentlemen who had caused themsideration of the committee. It was to the follow-selves to be subjects of derision by their attempts ing effect: The motion was agreed to, and Mr. DENT was called to the Chair. The Speech having been read by the Chairman, Mr. HARPER and Mr. Lyon rose together. The Chairman determining the former to have the precedence, "Resolved, That a respectful Address be presented by the House of Representatives to the President of the United States, in answer to his Speech to both Houses of Congress at the commencement of the present session, containing assurances that the House will take into consideration the various and important matters recommended to their attention." Mr. LYON said he was opposed to a resolution of this kind. He had risen to have made a different one, but the preference had been given to the gentleman from South Carolina. He wished to get rid of a debate of ten or fourteen days about the wording of an Answer to the President's Speech. He had it in contemplation to have returned an Answer directly from the House, by appointing a committee to inform the President they were ready to go on with their business; as he wished also to get rid of the troublesome and greatly derided custom of turning out en masse to wait upon the President. If he were in order, he would read what he intended to have moved. to deride it; but whether those attempts had redounded to their own honor, or made them appear ridiculous, he left every one to decide. Mr. Oris inquired whether the resolution of the gentleman who had just sat down was in order. The CHAIRMAN replied, that the motion of the gentleman from South Carolina must first be decided upon. It was then put and carried by 52 votes in the affirmative. The committee then rose and reported the resolution. The House took it up; when Mr. HAVENS called for the yeas and nays; which having been agreed to, Mr. VENABLE said, the yeas and nays having been determined to be taken, as he intended to vote in the negative, he thought it necessary to give his reasons for doing so. He did not wish to enter into a long discussion on the subject at present. It was well known, that the mode of proceeding in answering the Address, had occasioned considerable embarrassment in the House. |