FIFTH CONGRESS.--SECOND SESSION.

PROCEEDINGS AND DEBATES In THE HOUSE OF REPRESENTATIVES.

MONDAY, November 13, 1797.

This being the day appointed by law for the meeting of Congress, the

House of Representatives assembled in their Chamber, and the following

members answered to their names, to wit:

_From New Hampshire._--ABIEL FOSTER.

_From Massachusetts._--STEPHEN BULLOCK, SAMUEL LYMAN, JOHN READ, WILLIAM

SHEPARD, GEORGE THATCHER, JOSEPH B. VARNUM, and PELEG WADSWORTH.

_From Connecticut._--JOHN ALLEN, JOSHUA COIT, ROGER GRISWOLD, and

NATHANIEL SMITH.

_From New York._--LUCAS ELMENDORPH, HENRY GLENN, JONATHAN N. HAVENS,

HEZEKIAH L. HOSMER, JOHN E. VAN ALLEN, and JOHN WILLIAMS.

_From New Jersey._--JONATHAN DAYTON, (Speaker,) and THOMAS SINNICKSON.

_From Pennsylvania._--JOHN CHAPMAN, ALBERT GALLATIN, THOMAS HARTLEY, and

JOHN SWANWICK.

_From Maryland._--GEORGE BAER, junior, WILLIAM CRAIK, GEORGE DENT, and

RICHARD SPRIGG, junior.

_From Virginia._--JOHN DAWSON, D. HOLMES, JAMES MACHIR, DANIEL MORGAN,

and ANTHONY NEW.

_North Carolina._--MATTHEW LOCKE, NATHANIEL MACON, and RICHARD STANFORD.

_South Carolina._--ROBERT GOODLOE HARPER, and JOHN RUTLEDGE, junior.

Several new members, to wit: ISAAC PARKER, from Massachusetts; THOMAS

TILLINGHAST, returned to serve as a member of this House, for the State

of Rhode Island, in the room of Elisha R. Potter, who has resigned his

seat; and WILLIAM EDMOND, returned to serve in this House, as a member

for Connecticut, in the room of James Davenport, deceased, appeared,

produced their credentials, and took their seats in the House.

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

until to-morrow morning, eleven o'clock.

TUESDAY, November 14.

Several other members, to wit: from Massachusetts, HARRISON G. OTIS;

from Rhode Island, CHRISTOPHER G. CHAMPLIN; from Connecticut, SAMUEL W.

DANA and CHAUNCEY GOODRICH; from Vermont, MATTHEW LYON; from

Pennsylvania, BLAIR MCCLENACHAN and RICHARD THOMAS; from Delaware, JAMES

A. BAYARD; from Virginia, RICHARD BRENT; from North Carolina, ROBERT

WILLIAMS; from South Carolina, WILLIAM SMITH; and from Georgia, ABRAHAM

BALDWIN, appeared, and took their seats in the House.

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

until to-morrow morning, eleven o'clock.

WEDNESDAY, November 15.

Several other members, to wit: from New Jersey, JAMES H. IMLAY; from

Pennsylvania, WILLIAM FINDLAY; and from Maryland, WILLIAM HINDMAN,

appeared, and took their seats in the House.

And a quorum, consisting of a majority of the whole number, being

present, the oath to support the Constitution of the United States was

administered, by Mr. SPEAKER, to the following new members, to wit:

ISAAC PARKER, THOMAS TILLINGHAST, and WILLIAM EDMOND, who took their

seats in the House on Monday last.

A message was then sent to the Senate, to inform them that a quorum of

the House is assembled, and were ready to proceed to business.

THURSDAY, November 16.

Several other members, to wit: from Vermont, LEWIS R. MORRIS; from New

York, JAMES COCHRAN, and EDWARD LIVINGSTON; from Virginia, MATTHEW CLAY,

THOMAS EVANS, WALTER JONES, ABRAM TRIGG, and JOHN TRIGG; and from North

Carolina, WILLIAM BARRY GROVE, appeared, and took their seats in the

House.

And then the House adjourned until to-morrow morning, eleven o'clock.

FRIDAY, November 17.

Two other members, to wit: from New Jersey, MARK THOMSON; and from

Pennsylvania, JOHN A. HANNA, appeared, and took their seats in the

House.

MONDAY, November 20.

Several other members, to wit: from New Hampshire, JONATHAN FREEMAN and

WILLIAM GORDON; from New Jersey, JAMES SCHUREMAN; from Maryland, WILLIAM

MATTHEWS; and from Virginia, ABRAHAM VENABLE, appeared, and took their

seats in the House.

TUESDAY, November 21.

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.

WEDNESDAY, November 22.

Two other members, to wit: from Pennsylvania, DAVID BARD, and SAMUEL

SITGREAVES, appeared and took their seats.

THURSDAY, November 23.

Two new members, to wit: WILLIAM C. C. CLAIBORNE, from the State of

Tennessee; and 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. (See Senate proceedings, _ante_.)

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.

MONDAY, November 27.

A new member, to wit: BAILEY BARTLETT, returned to serve in this House

as a member for Massachusetts, in the place of Theophilus Bradbury, who

has resigned his seat, appeared, produced his credentials, and took his

seat in the House; the oath to support the Constitution of the United

States being first administered to him by Mr. SPEAKER, according to law.

Several other members, to wit: from Massachusetts, SAMUEL SEWALL; from

New York, DAVID BROOKS; from Maryland, JOHN DENNIS; from Virginia, JOHN

NICHOLAS and JOSIAH PARKER; and from North Carolina, THOMAS BLOUNT,

appeared and took their seats in the House.

_Address to the President._

Mr. OTIS, from the committee appointed to draft an Address in answer to

the Speech of the PRESIDENT OF THE UNITED STATES, reported the

following, which was twice read, and referred to a Committee of the

Whole for to-morrow:

SIR: While our sympathy is excited by the recent sufferings

of the citizens of Philadelphia, we participate in the

satisfaction which you are pleased to express, that the

duration of the late calamity was so limited, as to render

unnecessary the expense and inconvenience that would have

been incident to the convention of Congress in another

place: and we shall readily attend to every useful

amendment of the law which contemplates the event of

contagious sickness at the seat of Government.

In lamenting the increase of the injuries offered to the

persons and property of our citizens at sea, we gratefully

acknowledge the continuance of interior tranquillity, and

the attendant blessings of which you remind us, as

alleviations of these fatal effects of injustice and

violence.

Whatever may be the result of the mission to the French

Republic, your early and uniform attachment to the interest

of our country; your important services in the struggle for

its independence, and your unceasing exertions for its

welfare, afford no room to doubt of the sincerity of your

efforts to conduct the negotiation to a successful

conclusion, on such terms as may be compatible with the

safety, honor, and interest of the United States. We have

also a firm reliance upon the energy and unanimity of the

people of these States, in the assertion of their rights,

and on their determination to exert, upon all proper

occasions, their ample resources in providing for the

national defence.

The importance of commerce, and its beneficial influence

upon agriculture, arts, and manufactures, have been

verified in the growth and prosperity of our country. It is

essentially connected with the other great interests of

the community. They must flourish and decline together; and

while the extension of our navigation and trade naturally

excites the jealousy, and tempts the avarice of other

nations, we are firmly persuaded, that the numerous and

deserving class of citizens engaged in these pursuits, and

dependent on them for their subsistence, has a strong and

indisputable claim to our support and protection.

The delay of the Spanish officers to fulfil the treaty

existing with His Catholic Majesty is a source of deep

regret. We learn, however, with satisfaction, that you

still indulge hopes of removing the objections which have

been made to its execution, and that you have continued in

readiness to receive the posts. Disposed to perform, with

fidelity, our national engagements, we shall insist upon

the same justice from others which we exercise towards

them.

Our abhorrence cannot be too strongly expressed of the

intrigues of foreign agents to alienate the affections of

the Indian nations, and to rouse them to acts of hostility

against the United States. No means in our power should be

omitted of providing for the suppression of such cruel

practices, and for the adequate punishment of their

atrocious authors.

Upon the other interesting subjects noticed in your

Address, we shall bestow the requisite attention. To

preserve inviolate the public faith, by providing for the

due execution of our treaties; to indemnify those who may

have just claims to retribution upon the United States for

expenses incurred in defending the property and relieving

the necessities of our unfortunate fellow-citizens; to

guard against evasions of the laws intended to secure

advantages to the navigation of our own vessels; and

especially, to prevent, by all possible means, an

unnecessary accumulation of the public debt, are duties

which we shall endeavor to keep in view, and discharge with

assiduity.

We regard, with great anxiety, the singular and portentous

situation of the principal powers of Europe. It was to be

devoutly wished that the United States, remote from this

seat of war and discord; unambitious of conquest;

respecting the rights of other nations; and desirous,

merely, to avail themselves of their natural resources,

might be permitted to behold the scenes which desolate that

quarter of the globe with only those sympathetic emotions

which are natural to the lovers of peace and friends of the

human race. But we are led by events to associate with

these feelings a sense of the dangers which menace our

security and peace. We rely upon your assurances of a

zealous and hearty concurrence in such measures as may be

necessary to avert these dangers; and nothing on our part

shall be wanting to repel them, which the honor, safety,

and prosperity of our country may require.

TUESDAY, November 28.

SAMUEL SMITH, from Maryland, appeared and took his seat.

_Address to the President._

Mr. COIT moved for the order of the day on the reported Answer to the

PRESIDENT'S Speech.

The motion being agreed to, the House accordingly resolved itself into a

Committee of the Whole upon that subject, and the Address having been

read through by the Chairman, it was again read by paragraphs. The first

four were read, without any objection being offered to them. The fifth

being gone through,

Mr. PINCKNEY said, he had to propose a small alteration to this clause:

he wished to make the latter part of it a little less harsh. Instead of

saying, "we shall insist upon the same justice from others," &c., he

thought it would have the same effect, and the terms would be less

objectionable, if the passage ran thus: "Nothing shall be wanting on our

part to obtain the same justice from others," &c. The expression used,

he said, might be perfectly justifiable, but, if we could obtain what we

wished without the possibility of giving offence, he thought that mode

ought to be preferred. It was on this account that he wished the

phraseology to be changed.

Mr. RUTLEDGE said, as a member of the committee who reported the

Address, he did not feel tenacious as to the wording of it. At first, he

thought with his colleague, who proposed the amendment, that the word

_insist_ was rather harsh; but, upon a little reflection, his objections

to the phrase were removed. Indeed, he thought the proposed amendment

would make the passage stronger than it was in the original. They might

insist, he said, in argument; looking upon the treaty as a good one,

they might insist upon its execution; but if it were not to be effected

without going to war, they might afterwards relinquish it. The amendment

he thought more forcible. It said "nothing shall be wanting to obtain,"

&c.; which would be to say, we look upon the treaty as a good one, and

nothing shall be wanting on our part to obtain its fulfilment. The words

might even be considered to say, that we are determined to have the

treaty carried into effect, though war should be the price of the

determination.

Mr. DAYTON (the Speaker) approved of the amendment of the gentleman from

South Carolina, but not from the reasons which that gentleman had urged

in support of it, but for those which his colleague had produced against

it; not because it was more smooth, but because it contained more of

decision and firmness. He thought, in this respect, this country had

been trifled with, and any opinion expressed by them upon this subject

ought to be done with a firmness of tone.

The question on Mr. PINCKNEY'S amendment was put and carried, there

being sixty-two members in the affirmative.

The remainder of the Address was then gone through, without further

observation.

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 to-morrow at twelve o'clock.

WEDNESDAY, November 29.

_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. 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. OTIS hoped the motion would not prevail. He presumed no gentleman

there was particularly 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. 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, "that 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 presented the Address, the House was

not present; they could not debate nor do any act as a House. The

Address was, therefore, strictly speaking, presented by the SPEAKER,

followed by the members of the House of Representatives--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 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_:

I receive this Address from the House of Representatives of

the United States with peculiar interest.

Your approbation of the meeting of Congress in this city,

and of those other measures of the Executive authority of

Government communicated in my Address to both Houses, at

the opening of the session, afford me great satisfaction,

as the strongest desire of my heart is to give satisfaction

to the people and their representatives by a faithful

discharge of my duty.

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.

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