PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE THIRD SESSION OF THE FIFTH CONGRESS, BEGUN AT THE CITY OF PHILADELPHIA, MONDAY, DECEMBER 3, 1798.

chusetts, STEPHEN BULLOCK; from New Jersey, Several other members, to wit: from MassaJAMES H. IMLAY; from Pennsylvania, JOHN WILKES KITTERA; from Maryland, GEORGE BAER, Jr., WILLIAM CRAIK, and SAMUEL SMITH; from Virginia, ANTHONY NEW, ABRAM TRIGG, JOHN TRIGG, and ABRAHAM VENABLE; from North Carolina, THOMAS BLOUNT; and from South Carolina, WILLIAM SMITH; appeared and took their seats in the House.

A new member, to wit: ROBERT BROWN, returned to serve in this House as a member for

Pennsylvania, in the room of Samuel Sitgreaves, appointed a Commissioner of the United States under the sixth article of the Treaty of Amity, Commerce, and Navigation, with Great Britain, appeared and took his seat in the House.

But a quorum of the whole number not being present, the House adjourned.

Ordered, That a Committee of Elections be appointed, pursuant to the standing rules and orders of the House.

And a committee was appointed, of Mr. VARNUM, Mr. GOODRICH, Mr. JOHN WILLIAMS, Mr. KITTERA, Mr. DENT, Mr. NEW, and Mr. BALDWIN.

NEWSPAPERS FOR MEMBERS.

Mr. KITTERA moved the usual resolutions for supplying the members with three daily newspapers, at their respective lodgings.

Mr. MACON inquired whether, by usual, was meant the resolution passed at the last session, which authorized members to be served with any three papers published on the Continent, or that formerly passed, which had reference only to papers printed in this city? If the former was meant, he should be opposed to it; but if the latter, he wished it to pass.

Mr. KITTERA observing that it was the resolution which was confined to the city papers, it passed without objection.

No other business being before the House, a motion was made and carried to adjourn.

THURSDAY, December 6.

Several others members, to wit: from Massachusetts, BAILEY BARTLETT; from Vermont, LEWIs R. MORRIS; from Pennsylvania, ANDREW GREGG and JOSEPH HEISTER; from Maryland, RICHARD SPRIGG; and from Virginia, JOHN NICHOLAS; appeared, and took their seats in the House.

A message was received from the Senate, informing the House that the number of members required by the Constitution to do business were present; that they had appointed, in the absence of the President of the Senate, Mr. LAURANCE, President pro tempore, and that they were ready to proceed to business.

Mr. MACON said, that quorums of both Houses being assembled, he believed the next step ought to be the appointment of a joint committee of the two Houses, for the purpose of waiting upon the President of the United States, to inform him that they are ready to receive any communications which he may think proper to make to them. He, therefore, made the usual motion, which was agreed to, and Messrs. DANA, VENABLE, and HARPER, were appointed a committee on the part of the House.

[DECEMBER, 1798.

was the cause of his postponing the communication till that time.

Mr. DENT having moved that when the House adjourns, it adjourn to meet on Saturday, and the motion being concurred in, another was made to adjourn, and the House adjourned accordingly.

SATURDAY, December 8.

Several other members, to wit: from Connecticut, WILLIAM EDMOND; from Maryland, JOHN DENNIS and WILLIAM HINDMAN; and from Virginia, THOMAS EVANS and WALTER JONES, appeared and took their seats in the House.

The House having been called to order, and the Journal read, the SPEAKER observed that the hour was nearly arrived at which the President had proposed to make his communications to both Houses, and read a resolution which was usually entered into on such occasions, informing the Senate that this House is formed, and ready to receive any communications which the President may be pleased to make to them. The resolution was adopted, and a message having been sent to the Senate therewith, the members soon after entered and took the places prepared for them.

At twelve o'clock, Lieutenant General WASHINGTON, with his Secretary. Colonel LEAR, Major Generals PINCKNEY and HAMILTON, entered the Hall, and took their places on the right of the SPEAKER'S Chair. The British and Portuguese Ministers, and the British and Danish Consuls, with their Secretaries, had their places assigned them on the left of the Chair.

PRESIDENT'S SPEECH.

A few minutes after 12, the PRESIDENT OF THE UNITED STATES, accompanied by his Secretary, and the Heads of the several Departments of the Government, appeared. The PRESIDENT having taken his seat, and the officers of Government theirs, near the general officers, he rose and addressed the two Houses as follows: Gentlemen of the Senate, and

Gentlemen of the House of Representatives : While with reverence and resignation we contemplate the dispensations of Divine Providence, in the alarming and destructive pestilence with which several of our cities and towns have been visited, there is cause for gratitude and mutual congratulations that the malady has disappeared, and that we are again permitted to assemble in safety at the seat of Government, for the discharge of our important duties. But, when we reA message from the Senate announced the ap-flect that this fatal disorder has, within a few years, pointment of Messrs. READ and PAINE, as a committee on their part, to join the committee of the House, for the purpose of waiting upon the Presi

dent.

The joint committee waited upon the President accordingly, and after some time, Mr. DANA reported to the House, that the committee had performed the business assigned them; that the President had signified his intention of making a communication to both Houses in the Representatives' Chamber, on Saturday, at 12 o'clock; and that he also added, his present indisposition

made repeated ravages in some of our principal seaports, and with increased malignancy; and, when we consider the magnitude of the evils arising from the interruption of public and private business, whereby the national interests are deeply affected, I think it my duty to invite the Legislature of the Union to examine the expediency of establishing suitable regulations in aid of the health laws of the respective States; for, these being formed on the idea that contagious sickness may be communicated through the channels of commerce, there seems to be a necessity that Congress, who alone can regulate trade, should frame a system which, while it may tend to preserve the general health, may be com

patible with the interests of commerce and the safety of the revenue.

[H. of R.

ation of Europe, we shall discover new and cogent motives for the full development of our energies and resources.

While we think on this calamity, and sympathize with the immediate sufferers, we have abundant reason to present to the Supreme Being our annual oblations fear war, in the necessary protection of our rights and But, in demonstrating by our conduct that we do not of gratitude for a liberal participation in the ordinary honor, we shall give no room to infer that we abandon blessings of His Providence. To the usual subjects of the desire of peace. gratitude, I cannot omit to add one of the first import- can alone insure peace. An efficient preparation for war ance to our well being and safety: I mean that spirit formly and perseveringly cultivated, and harmony beIt is peace that we have uniwhich has arisen in our country against the menaces and aggression of a foreign nation. A manly sense of But to send another Minister, without more determintween us and France may be restored at her option. national honor, dignity, and independence, has appear- ate assurances that he would be received, would be an ed, which, if encouraged and invigorated by every act of humiliation to which the United States ought not branch of the Government, will enable us to view, undismayed, the enterprises of any foreign Power, and is indeed desirous of accommodation, to take the requisto submit. It must, therefore, be left to France, if she become the sure foundation of national prosperity and ite steps. The United States will steadily observe the glory. The course of the tranactions in relation to the Uni- They will respect the sacred rights of embassy. And maxims by which they have hitherto been governed. ted States and France, which have come to my knowl- with a sincere disposition on the part of France to desist edge during your recess, will be made the subject of a from hostility, to make reparation for the injuries herefuture communication. That communication will con- tofore inflicted on our commerce, and to do justice in fufirm the ultimate failure of the measures which have ture, there will be no obstacle to the restoration of a been taken by the Government of the United States to- friendly intercourse. In making to you this declaration, wards an amicable adjustment of differences with that I give a pledge to France and to the world that the ExPower. You will, at the same time, perceive that the ecutive authority of this country still adheres to the huFrench Government appears solicitous to impress the opinion that it is averse to the rupture with this coun- its proceedings, in conformity with the wishes of the mane and pacific policy which has invariably governed try, and that it has, in a qualified manner, declared other branches of the Government and of the people of itself willing to receive a Minister from the United the United States. States, for the purpose of restoring a good understand-tions of her policy towards foreign nations, I deem it a But considering the late manifestaing. It is unfortunate for professions of this kind that duty deliberately and solemnly to declare my opinion, they should be expressed in terms which may countenance the inadmissible pretension of a right to prescribe that, whether we negotiate with her or not, vigorous the qualifications which a Minister of the United States preparations for war will be alike indispensable. should possess; and that while France is asserting the alone will give to us an equal treaty, and insure its obexistence of a disposition, on her part, to conciliate with sincerity the differences which have arisen, the sincerity of a like disposition on the part of the United States, of which so many demonstrative proofs have been given, should even be indirectly questioned. It is also worthy of observation that the decree of the Directory, alleged to be intended to restrain the depredations of French cruisers on our commerce, has not given, and cannot give, any relief; it enjoins them to conform to all the laws of France relative to cruising and prizes, while these laws are themselves the sources of the depredation of which we have so long, so justly, and so fruitlessly complained.

The law of France enacted in January last, which subjects to capture and condemnation neutral vessels and their cargoes, if any portion of the latter are of British fabric or produce, although the entire property belongs to neutrals, instead of being rescinded, has lately received a confirmation, by the failure of a proposition for its repeal. While this law, which is an unequivocal act of war on the commerce of the nations it attacks, continues in force, those nations can see in the French Government only a Power regardless of their essential rights, of their independence and sovereignty; and, if they possess the means, they can reconcile nothing with their interests and honor but a firm

resistance.

Hitherto, therefore, nothing is discoverable in the conduct of France which ought to change or relax our measures of defence; on the contrary, to extend and invigorate them, is our true policy. We have no reason to regret that these measures have been thus for adopted and pursued; and, in proportion as we enlarge our view of the portentous and incalculable situ

servance.

These

Among the measures of preparation which appear expedient, I take the liberty to recall your attention to the Naval Establishment. The beneficial effects of the small naval armament provided under the acts of the last session, are known and acknowledged. Perhaps no country ever experienced more sudden and remarkable advantages from any measure of policy than we have derived from the arming for our maritime protection and defence. We ought, without loss of time, to lay the foundation for an increase of our Navy to a size sufficient to guard our coast, and protect our trade. Such a naval force, as it is doubtless in the power of the United States to create and maintain, would also afford to them the best means of general defence, the safe transportation of troops and stores to every part of our extensive coast. To accomplish this important object, a prudent foresight requires that systematical measures be adopted for procuring, at all times, the requisite timber and other supplies. In what manner this shall be done, I leave to your consideration.

I will now advert, gentlemen, to some matters of less moment, but proper to be communicated to the National Legislature.

After the Spanish garrisons had evacuated the posts they occupied at the Natchez and Walnut Hills, the Commissioner of the United States commenced his observations to ascertain the point, near the Mississippi, which terminated the northernmost part of the thirty-first degree of north latitude. From thence he proceeded to run the boundary line between the United States and Spain. He was afterwards joined by the Spanish Commissioner, when the work of the former was confirmed; and they proceeded together to the demarcation of the line. Recent

information renders it probable that the Southern Indians, either instigated to oppose the demarcation, or jealous of the consequences of suffering white people to run a line over lands to which the Indian title had not been extinguished, have, ere this time, stopped the progress of the Commissioners. And considering the mischiefs which may result from continuing the demarcation, in opposition to the will of the Indian tribes, the great expense attending it, and that the boundaries which the Commissioners have actually established, probably extend at least as far as the Indian title has been extinguished, it will perhaps become expedient and necessary to suspend further proceedings, by recalling our Commissioner.

The Commissioners appointed in pursuance of the fifth article of the Treaty of Amity, Commerce, and Navigation, between the United States and His Britannic Majesty, to determine what river was truly intended under the name of the river St. Croix, mentioned in the Treaty of Peace, and forming a part of the boundary therein described, have finally decided that question. On the twenty fifth of October they made their declaration that a river called Scoodiac, which falls into Passamaquoddy bay, at its northwestern quarter, was the true St. Croix, intended in the Treaty of Peace, as far as its great fork, where one of its streams comes from the westward, and the other from the northward, and that the latter stream is the continuation of the St. Croix to its source. This decision, it is understood, will preclude all contention among individual claimants, as it seems that the Scoodiac and its northern branch bound the grants of lands which have been made by the respective adjoining Governments. A subordinate question, it has been suggested, still remains to be determined. Between the mouth of the St. Croix, as now settled, and what is usually called the Bay of Fundy, lie a number of valuable islands. The Commissioners have not continued the boundary line through any channel of these islands, und unless the Bay of Passamaquoddy be a part of the Bay of Fundy, this further adjustment of boundary will be necessary; but it is apprehended that this will not be a matter of any difficulty.

Such progress has been made in the examination and decision of cases of captures and condemnation of American vessels, which were the subject of the seventh article of the Treaty of Amity, Commerce, and Navigation, between the United States and Great Britain, that it is supposed the Commissioners will be able to bring their business to a conclusion in August of the ensuing year.

The Commissioners, acting under the twenty-first article of the treaty between the United States and Spain, have adjusted most of the claims of our citizens for losses sustained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty during the late war between France and Spain.

Various circumstances have occurred to delay the execution of the law for augmenting the Military Establishment; among these, the desire of obtaining the fullest information to direct the best selection of officers. As this object will now be speedily accomplished, it is expected that the raising and organizing of the troops will proceed without obstacle, and with effect. Gentlemen of the House of Representatives :

I have directed an estimate of the appropriations which will be necessary for the service of the ensuing year to be laid before you, accompanied with a view of

[DECEMBER, 1798.

the public receipts and expenditures to a recent period. It will afford you satisfaction to infer the great extent and solidity of the public resources, from the prosperous state of the finances, notwithstanding the unexampled embarrassments which have attended commerce. When you reflect on the conspicuous examples of patriotism and liberality which have been exhibited by our mercantile fellow-citizens, and how great a proportion of the public resources depends on their enterprise, you will naturally consider, whether their convenience cannot be promoted and reconciled with the security of the revenue, by a revision of the system by which the collection is at present regulated.

During your recess, measures have been steadily pursued for effecting the valuations and returns directed by the act of the last session preliminary to the assessment and collection of a direct tax. No other delays or obstacles have been experienced except such as were expected to arise from the great extent of our country, and the magnitude and novelty of the operation, and enough has been accomplished to assure a fulfilment of the views of the Legislature. Gentlemen of the Senate, and

Gentlemen of the House of Representatives :

I cannot close this Address, without once more adverting to our political situation, and inculcating the essential importance of uniting in the maintenance of our dearest interests: and I trust that, by the temper and wisdom of your proceedings, and by a harmony of measures, we shall secure to our country that weight and respect to which it is so justly entitled.

JOHN ADAMS. UNITED STATES, December 8, 1798.

The PRESIDENT having finished his Address, after sitting a few moments, presented the President of the Senate and Speaker of the House of Representatives, each of them, with a copy of it, and withdrew, and after him, the Heads of Departments, Senators, general officers, foreign Ministers, &c. The SPEAKER then took his Chair, and after calling the House to order, proceeded, as is usual, to read over the Speech, which being finished, it was committed to a Committee of the whole House for Monday, and ordered to be printed. The House then adjourned.

MONDAY, December 10.

A new member, to wit: RICHARD DOBBS SPAIGHT, returned to serve in this House as a member for North Carolina, in the room of Nathan Bryan, deceased, appeared, produced his credentials, and took his seat in the House; the oath to support the Constitution of the United States having been first administered to him by the SPEAKER.

Ordered, That a Committee of Revisal and Unfinished Business be appointed, pursuant to the standing rules and orders of the House;

And a committee was appointed, of Mr. THATCHER, Mr. THOMAS, and Mr. NEW.

Ordered, That a Committee of Claims be appointed, pursuant to the standing rules and orders of the House;

And a committee was appointed, of Mr. DWIGHT FOSTER, Mr. MACON, Mr. HANNA, Mr. JONATHAN