Both answered, "I do agree."

MONDAY, February 19.

_Amy Dardin._

Upon motion of Mr. T. CLAIBORNE, the following resolution was agreed

to--45 to 40:

"_Resolved_, That a committee be appointed to bring in a

bill for the relief of Amy Dardin."

[This claim has been long before Congress, and been several times the

subject of discussion. It is for the value of the famous horse Romulus,

the property of the husband of the petitioner, pressed into the service

of the United States during the war. The case of the widow is evidently

a hard one, and this is the second time a vote has been obtained in her

favor, which has afterwards been reversed.]

The committee rose, reported their agreement to the three resolutions,

and had leave to sit again. The House took up the two first, agreed to

them, and directed the Committee of Claims to bring in a bill or bills

accordingly. When the third resolution came to be considered, the yeas

and nays were called for, and its adoption was strongly opposed by

Messrs. HARPER, NICHOLAS, and BAYARD, on the ground of its throwing open

a door to every claim which had heretofore been determined as barred, as

cutting up by the root all the acts of limitation; that it was also

setting aside these laws in the most objectionable way, by inviting

every person, who had an unsatisfied claim, to petition Congress for

relief, which would of course engage much of their time. If the acts

were to be set aside, it would be much better and less expensive

therefore to authorize the proper department to settle these claims,

than that the time of the House should be engaged in investigating and

settling them.

On the other hand, its adoption was advocated by Messrs. GALLATIN and T.

CLAIBORNE. This was stated as a hard case; that this determination would

not open the acts of limitation to any but such as Congress might deem

extremely hard cases; that it would give the Treasury no power whatever

to settle any claim: the power, therefore, could not be abused, except

they themselves abused it; that whatever policy there might be in acts

of limitation, they were certainly liable to strong objections; they

knew they were honorably indebted a sum of money, but they determine not

to pay it, merely because the paying it might render the accounts at

the Treasury less simple, or because they would be liable to pay more

than is convenient. This policy might be justifiable, but it bore very

hard upon individual sufferers. It was argued, therefore, that without

opening the acts generally, when a strong, unequivocal claim was

presented, which was in the hands of the original holder, and where, of

course, there could be no possibility of fraud, relief might and ought

to be granted.

Mr. J. WILLIAMS was an enemy to acts of limitation, as he thought a debt

once due must always be due until paid; but he would either have them

opened generally, or not at all.

The yeas and nays upon agreeing to this proposition for setting aside

the act of limitation in this case were taken, and decided, yeas 35,

nays 55, as follows:

YEAS.--David Bard, Lemuel Benton, Samuel J. Cabell, Thomas

Claiborne, William Charles Cole Claiborne, Matthew Clay,

John Clopton, Thomas T. Davis, John Dawson, George Dent,

Lucas Elmendorph, John Fowler, Albert Gallatin, James

Gillespie, William Barry Grove, Carter B. Harrison, David

Holmes, Walter Jones, Edward Livingston, Matthew Locke,

Matthew Lyon, James Machir, Blair McClenachan, Joseph

McDowell, John Milledge, Anthony New, John Rutledge, jr.,

William Smith, Richard Sprigg, jr., Thomas Sumter, Abraham

Trigg, John Trigg, Joseph B. Varnum, Abraham Venable, and

Robert Williams.

NAYS.--John Allen, George Baer, jr., Bailey Bartlett, James

A. Bayard, Thomas Blount, David Brooks, Nathan Bryan,

Stephen Bullock, Dempsey Burges, Christopher G. Champlin,

John Chapman, James Cochran, Joshua Coit, William Craik,

Samuel W. Dana, Thomas Evans, William Findlay, Abiel

Foster, Dwight Foster, Henry Glenn, Chauncey Goodrich,

William Gordon, Andrew Gregg, Roger Griswold, John A.

Hanna, Robert Goodloe Harper, Thomas Hartley, Jonathan N.

Havens, Wm. Hindman, Hezekiah L. Hosmer, James H. Imlay,

John Wilkes Kittera, Samuel Lyman, Nathaniel Macon, Wm.

Matthews, Daniel Morgan, Lewis R. Morris, John Nicholas,

Harrison G. Otis, Isaac Parker, John Read, James Schureman,

Samuel Sewall, William Shepard, Samuel Sitgreaves,

Nathaniel Smith, Samuel Smith, Peleg Sprague, Richard

Stanford, George Thatcher, Mark Thompson, Thomas

Tillinghast, John E. Van Allen, Peleg Wadsworth, and John

Williams.

Mr. HARPER then proposed the following resolution, which was agreed to:

_Resolved_, That the prayer of the petition of Amy Dardin

ought not to be granted.

TUESDAY, February 20.

_Case of Griswold and Lyon._

Mr. VENABLE, from the Committee of Privileges, laid the following report

upon the table, together with the evidence relative thereto:

The Committee of Privileges, to whom was referred a

resolution in the following words: "_Resolved_, That Roger

Griswold and Matthew Lyon, members of this House, for

violent and disorderly behavior committed in the House, be

expelled therefrom," with instructions to report the

evidence in writing, have, according to the orders of the

House, proceeded to take the evidence, which they herewith

report; and they report further, that it is their opinion

that the said resolution ought to be disagreed to.

THURSDAY, February 22.

The usual time of calling the House to order being arrived, the Clerk

desired members to take their seats; which being done,

Mr. KITTERA said, the SPEAKER had desired him to inform the House that

he was so much indisposed as to be unable to attend the House to-day.

Mr. K. suggested the propriety, therefore, of adjourning the orders of

to-day till to-morrow.

Mr. J. WILLIAMS did not see a necessity for this. He thought the House

might informally go into a Committee of the Whole on the report of the

Committee of Privileges. He had seen this course taken in other

Legislative bodies, and as it would be the means of saving a day, he

hoped this mode would now be adopted.

Mr. THATCHER hoped gentlemen would not consent to go on with business in

an informal manner, since it was evident they were sufficiently informal

with all their forms.

Mr. HARRISON inquired if there was any probability that the SPEAKER

would be able to attend the House to-morrow. If not, he should be for

choosing a temporary Speaker.

Mr. KITTERA said, the indisposition of the SPEAKER was occasioned by a

severe headache, to which he was subject; that it generally continued

for six or eight hours, and afterwards he was perfectly well.

The question for postponement of the orders of the day till to-morrow

was then put by the Clerk, and carried; and then the House adjourned

till to-morrow.

FRIDAY, February 23.

The bill providing for the widows and orphans of certain deceased

officers, was read the third time, and passed.

_Revenue Statements._

A communication was laid before the House by the SPEAKER, from the

Secretary of the Treasury, enclosing sundry documents prepared by the

late Commissioner of the Revenue, in consequence of a resolution of the

House of the 6th of January, 1798, requiring to be laid before the House

every session, within ten days after its meeting, a statement of the net

produce of the internal revenues, the salaries of the Collectors, &c.,

for the year preceding. The Secretary apologizes for not having made the

communication sooner. It was ordered to be printed.

_Case of Griswold and Lyon._

The House proceeded to consider the report of the Committee of

Privileges, of the twentieth instant; and the same being again read in

the words following, to wit:

The Committee of Privileges, to whom was referred a

resolution in the following words, to wit: "_Resolved_,

That Roger Griswold and Matthew Lyon, members of this

House, for riotous and disorderly behavior, committed in

the House, be expelled therefrom," with instructions to

report the evidence in writing, have, according to the

order of the House, proceeded to take the evidence, which

they herewith report; and they report further, that it is

their opinion that the said resolution be disagreed to.

Mr. DAVIS said he hoped the House would disagree to the report of their

Committee of Privileges; after this was done, the resolution could be

altered in such a manner as gentlemen might think proper.

Mr. DENT called for the yeas and nays. Agreed to be taken.

Mr. SITGREAVES said there were many considerations which should incline

the House to come to a decision upon the present business without

entering into any unnecessary discussion; and there were others which

should lead them to avoid coming to an immediate decision. He should,

therefore, move that the further consideration of this subject be

postponed until the 4th of March, 1799.

Mr. NICHOLAS called for the yeas and nays upon this question; which

being agreed to, were taken, and stood--yeas 38, nays 53.

The motion for postponement being lost, the question on agreeing to the

report of the committee recurred.

Mr. BAYARD believed it would not be in order to call for a division of

the question. The resolution implicated two persons, which he thought

improper. If the report of the committee was, however, disagreed to, he

supposed it would then be in order to move for a division of the

question. He should, therefore, vote against the report, as he wished

the cases to be separately considered, as they stood on distinct ground,

and were not attended with the same circumstances; and, reasoning from

analogy, he knew of no instance in a court of justice, where two persons

had ever been included in the same charge when their crimes were

different. If the situation of both these gentlemen had been the same,

there might have been propriety in coupling them together; but as this

was not the case, he was opposed to taking an opinion upon both

together.

Mr. MCDOWELL thought it would be proper to take the same course in this

business as was taken in a former case. He moved, therefore, that the

report be read a second time, for the purpose of committing it to a

committee of the whole House.

Mr. GORDON was opposed to this mode of proceeding. Every one knew the

question, and were as well prepared to decide upon it now, as they would

be after going into a committee upon it.

Mr. GILES thought it would comport more with the dignity of the House to

decide this business without going into a Committee of the Whole, as he

believed every one had made up his mind upon it. If gentlemen intended

by the course heretofore taken to raise the dignity of the House, he

thought they had deceived themselves; for he believed the House was

never in a less dignified attitude than during that discussion.

Mr. MCDOWELL thought the mode he had pointed out necessary, for the sake

of uniformity; but, as other gentlemen seemed to think it unnecessary,

he would withdraw his motion.

Mr. R. WILLIAMS wished to know whether it would be in order to amend the

report of the Committee of Privileges, or to suggest the propriety of

disagreeing to it, for the purpose of substituting a different

punishment from that proposed, viz: that the offending members should be

reprimanded by the Speaker in the presence of the House? He believed

that a punishment of this kind would satisfy many gentlemen who did not

wish to expel the members, but who, at the same time, did not wish they

should go unpunished.

The SPEAKER said that motion would be in order after the report of the

committee was decided upon.

Mr. GALLATIN remarked, that if the report was agreed to, the resolution

for an expulsion would of course be negatived, and then any other

proposition would be in order; and, on the other hand, if the report was

disagreed to, the resolution would be before them, and open to

amendment. Mr. G. said he rose to make an observation upon what fell

from the gentleman from Delaware (Mr. BAYARD.) That gentleman had said

he would vote against the report, because he wished to distinguish

between the two members. The reason which he gave, though he might have

good reasons for his vote, did not appear to him to be correct. That

gentleman seemed to suppose that the facts for which the two members

were to be expelled, were facts committed at different times, and of a

different nature; whereas the facts for which both were proposed to be

expelled, were offences of the same nature, and committed on the same

day. What related to the previous conduct of the member from Vermont,

was not now under consideration. In order to have that conduct before

them, it would be necessary that a reconsideration of it should be moved

by a member who voted against that member's expulsion, and seconded by

another member who voted on the same side of the question. The argument

of the gentleman from Delaware, therefore, did not apply. He said he

should himself vote in favor of the report of the Committee of

Privileges. He was against expelling either of the gentlemen.

Mr. DANA agreed with the gentleman last up, in his conclusions; but he

did not seem rightly to have understood the argument of the gentleman

from Delaware. If the gentleman from Pennsylvania was acquainted with

legal principles, with established principles relative to punishment, he

must know that no persons can be charged jointly with an offence, except

jointly guilty, and except they had mutually agreed to commit the

offence. The resolution, in its present form, therefore, offended

against established maxims of propriety.

Mr. BAYARD said, the statement of the gentleman from Pennsylvania was

not correct. He had stated that the offences of the two members were the

same in circumstances, and committed at the same time. He apprehended

the two cases were very distinct; as, by the depositions before the

House, it appeared that the offence of the member from Connecticut was

committed _before_ the House was called to order, and that the offence

of the member from Vermont was committed _after_ the House was called to

order. The argument most depended upon in a former case, against the

expulsion of the member from Vermont, was that which insisted that the

act of violence complained of being committed when the House was not in

session, was not a cause of expulsion. If this argument had weight at

that time, it ought also to have weight in the present case. It would,

therefore, be the height of injustice to blend the two cases together;

since there might be cause for expelling one member and not the other.

The SPEAKER observed that every thing which had been said with respect

to a division of the question was out of order, as it could not be

divided. He would also remark, in order to shorten the debate, that the

House was not called to order when the stroke was made by the member

from Vermont upon the member from Connecticut without the bar of the

House.

Mr. HARPER asked, if the report of the committee should not be agreed

to, whether the resolution might not then be agreed to?

The SPEAKER replied, it could not be divided; but a separate resolution

might be brought forward.

The question on agreeing to the report of the committee, which

recommended a disagreement to the resolution for an expulsion of the two

members was then taken, and stood--yeas 73, nays 21.

The resolution for an expulsion having been disagreed to,

Mr. R. WILLIAMS proposed a resolution in the following words:

"_Resolved_, That Roger Griswold and Matthew Lyon, for

riotous and disorderly behavior in this House, are highly

censurable, and that they be reprimanded by the Speaker in

the presence of this House."

Mr. HARPER moved the previous question upon this resolution. He did it,

he said, upon this ground. The House had just decided, and they had

lately decided in another instance, that disorderly conduct shall not be

punished by expulsion; and it was his opinion that no less punishment

than expulsion ought to be inflicted, as he was unwilling to diminish

the reprehensive power of the House, by inflicting what he thought

inadequate punishment for offences of this nature. If there were any

gentlemen who thought this conduct excusable, and that it ought not to

be punished, they would, of course, vote in favor of the previous

question; and those who thought with him, that both ought to be

expelled, would also vote in favor of it.

Mr. NICHOLAS called for the yeas and nays upon this question. Agreed to

be taken.

Mr. GALLATIN said, by the gentleman from South Carolina having moved the

previous question, he had excluded any discussion upon the merits of the

main question. Mr. G. wished some reasons might be given why the main

question ought not to be put. Those given by the gentleman from South

Carolina were applicable to the resolution itself: they were reasons why

he should vote against the resolution, but they did not strike him as

reasons why the question should not at all be taken.

The previous question was then put in this form: "Shall the main

question (viz: the resolution for reprimanding the offending members)

now be put?" And the yeas and nays were taken, and stood--yeas 47, nays

48, as follows:

YEAS.--Abraham Baldwin, David Bard, Lemuel Benton, Thomas

Blount, Richard Brent, Nathan Bryan, Dempsey Burges, Samuel

J. Cabell, Thomas Claiborne, William Charles Cole

Claiborne, Matthew Clay, John Clopton, Thomas T. Davis,

John Dawson, Lucas Elmendorph, William Findlay, John

Fowler, Nathaniel Freeman, jun., Albert Gallatin, William

B. Giles, James Gillespie, Andrew Gregg, John A. Hanna,

Carter B. Harrison, Jonathan N. Havens, Joseph Heister,

David Holmes, Walter Jones, Edward Livingston, Matthew

Locke, Nathaniel Macon, Blair McClenachan, Joseph McDowell,

John Milledge, Anthony New, John Nicholas, Thompson J.

Skinner, Samuel Smith, William Smith, Richard Sprigg,

Richard Stanford, Thomas Sumter, Abram Trigg, John Trigg,

Joseph B. Varnum, Abraham Venable, and Robert Williams.

NAYS.--John Allen, George Baer, jun., Bailey Bartlett,

James A. Bayard, David Brooks, Stephen Bullock, Christopher

G. Champlin, John Chapman, James Cochran, Joshua Coit,

William Craik, Samuel W. Dana, George Dent, Thos. Evans,

Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glenn,

Chauncey Goodrich, William Gordon, William Barry Grove,

Robert Goodloe Harper, Thomas Hartley, William Hindman,

Hezekiah L. Hosmer, James H. Imlay, John Wilkes Kittera,

Samuel Lyman, James Machir, William Matthews, Lewis R.

Morris, Harrison G. Otis, Isaac Parker, John Read, John

Rutledge, jun., Samuel Sewall, William Shepard, Thomas

Sinnickson, Samuel Sitgreaves, Nathaniel Smith, Peleg

Sprague, George Thatcher, Richard Thomas, Mark Thomson,

Thomas Tillinghast, John E. Van Allen, Peleg Wadsworth, and

John Williams.

MONDAY, March 5.

_Diplomatic Intercourse._

[After a protracted discussion the question was taken on Mr. Nicholson's

amendment, to wit, to limit the ministers of the highest grade to the

two Courts of London and Paris, and it was negatived--52 to 48.]

A motion was then made for the committee to rise and ask leave to sit

again, which was negatived.

The bill was proceeded with.

Mr. S. Smith moved, to strike out certain words, and to insert others to

this effect:

"That the PRESIDENT OF THE UNITED STATES shall not allow to

any Minister Plenipotentiary to France, Great Britain, or

Spain, more than $9,000 per annum, nor to any other

Minister Plenipotentiary more than $6,000."

This amendment was negatived, there being only 48 votes in its favor.

The blanks in the bill were next to be filled; the first, which was the

permanent allowance, was filled with $40,000; the next, which was an

extraordinary appropriation for this year, with $28,650. Before the

latter sum was agreed upon,

Mr. LIVINGSTON inquired whether the sum of between two and three

thousand dollars, which he thought had been lavished away, said to be

expended on persons taking leave from this country, was included in the

incidental expenses which were contained under this head? He thought

such an expenditure of money forbidden by the constitution.

Mr. HARPER believed the incidental expenses mentioned in the estimate

were expenses of our Ministers abroad.

Mr. NICHOLAS understood that three Secretaries were allowed the mission

at present in France. He thought this was as novel as it was

unnecessary; as he believed one Secretary was sufficient for the whole.

The United States had employed a number of missions at different times,

but never allowed more than one Secretary to each. He had thought the

law would not have warranted the practice; but on examining it, he

supposed it did.

Mr. HARPER said every Minister employed was entitled to a Secretary; the

PRESIDENT had accordingly appointed one to each, and he could not see

upon what ground the House could object to appropriating for their

salaries.

Mr. NICHOLAS answered, that as the law admitted of it, he should not

object to the appropriation but he should move an amendment to prevent

more than one secretary to a mission in future.

The committee then rose and reported the bill with the amendments; which

being taken up in the House and agreed to, Mr. NICHOLAS renewed his

amendment to limit the salaries of Ministers Plenipotentiary to London,

Paris, and Madrid, to nine thousand dollars a year, and all others to

four thousand five hundred dollars, and called the yeas and nays upon

it, which were taken and resulted, yeas 48, nays 52.

Mr. S. SMITH then renewed his motion for limiting the salaries of

Ministers to London, Paris, and Madrid, to nine thousand dollars, and

others to six thousand dollars, and called the yeas and nays upon it,

which were taken, and were exactly the same as upon the former question.

Mr. NICHOLAS then made his motion to confine future missions to one

Secretary, which was negatived--50 to 45.

The bill was then ordered to be engrossed for a third reading

to-morrow.

MONDAY, March 19.

_Relations with France._

The following Message was received from the PRESIDENT OF THE UNITED

STATES:

_Gentlemen of the Senate_, _and Gentlemen of the House of

Representatives_:

The despatches from the Envoys Extraordinary of the United

States to the French Republic, which were mentioned in my

Message to both Houses of Congress, of the fifth instant,

have been examined and maturely considered.

While I feel a satisfaction in informing you that their

exertions for the adjustment of the differences between the

two nations have been sincere and unremitted, it is

incumbent on me to declare that I perceive no ground of

expectation that the objects of their mission can be

accomplished on terms compatible with the safety, honor, or

the essential interests of the nation.

This result cannot, with justice, be attributed to any want

of moderation on the part of this Government, or to any

indisposition to forego secondary interests for the

preservation of peace. Knowing it to be my duty, and

believing it to be your wish, as well as that of the great

body of the people, to avoid, by all reasonable

concessions, any participation in the contentions of

Europe, the powers vested in our Envoys were commensurate

with a liberal and pacific policy, and that high confidence

which might justly be reposed in the patriotism, abilities,

and integrity, of the characters to whom the negotiation

was committed. After a careful review of the whole subject,

with the aid of all the information I have received, I can

discern nothing which could have ensured or contributed to

success that has been omitted on my part; and nothing

further which can be attempted, consistently with maxims

for which our country has contended, at every hazard, and

which constitute the basis of our national sovereignty.

Under these circumstances, I cannot forbear to reiterate

the recommendations which have been formerly made, and to

exhort you to adopt with promptitude, decision, and

unanimity, such measures as the ample resources of the

country afford, for the protection of our commercial and

seafaring citizens; for the defence of any exposed portions

of our territory; for replenishing our arsenals,

establishing foundries and military manufactures; and to

provide such efficient revenue as will be necessary to

defray extraordinary expenses, and supply the deficiencies

which may be occasioned by depredations on our commerce.

The present state of things is so essentially different

from that in which instructions were given to collectors to

restrain vessels of the United States from sailing in an

armed condition, that the principle on which those orders

were issued has ceased to exist. I therefore deem it proper

to inform Congress that I no longer conceive myself

justifiable in continuing them, unless in particular cases,

where there may be reasonable ground of suspicion that such

vessels are intended to be employed contrary to law.

In all your proceedings it will be important to manifest a

zeal, vigor, and concert, in defence of the national

rights, proportioned to the danger with which they are

threatened.

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