_Resolved_, That William Duane having appeared at the bar of the Senate,
and requested to be heard by counsel, on the charge against him for a
breach of privileges of the Senate, he be allowed the assistance of
counsel while personally attending at the bar of the Senate, who may be
heard in denial of any facts charged against said Duane, or in excuse
and extenuation of his offence.
A motion was made that it be an instruction to the Committee of
Privileges to report in what manner witnesses shall be compelled to
attend the Senate in support of the charge against William Duane, and in
his defence against that charge.
And, after debate, the further consideration thereof was postponed.
_Resolved_, That a copy of the resolution last agreed to be sent to
William Duane, and at the same time, he be ordered to attend at the bar
of this House at 12 o'clock, on Wednesday next.
WEDNESDAY, March 26.
The VICE PRESIDENT communicated a letter signed William Duane, stating
that he had received "an authenticated copy of the resolution of Monday
last in his case," and enclosing certain papers stated to be a
correspondence between him and his intended counsel, marked A, B, and C,
and that he finds himself "deprived of all professional assistance under
the restrictions which the Senate have thought fit to adopt. He
therefore thinks himself bound, by the most sacred duties, to decline
any further voluntary attendance upon that body, and to leave them to
pursue such measures in this case, as in their wisdom they may deem
meet;" and the letter was read.
On motion that the papers referred to in the letter be read, it passed
in the negative.
On motion, the Senate took into consideration the report of the
Committee of Privileges, who were ordered to prepare and lay before the
Senate a form of proceedings in the case of William Duane; and, after
debate,
The order of the day was called for.
_Ordered_, That the Sergeant-at-Arms, at the bar of the House, do call
William Duane. And the said William Duane did not appear. Whereupon,
_Resolved_, That as William Duane has not appeared at the bar of this
House, in obedience to the order of the 24th instant, and has addressed
a letter to the President of the Senate, which has been read this
morning, in which he refuses any further attendance, his letter be
referred to the Committee of Privileges, to consider and report thereon.
On motion, the Senate resumed the consideration of the report of the
Committee of Privileges of the 25th instant. And on the question to
agree to the first resolution, amended as follows:
_Resolved_, That all testimony shall be taken by the
Committee of Privileges, who are hereby authorized to send
for persons, papers, and records, and compel the attendance
of witnesses which may become requisite for the execution
of their commission:
It passed in the affirmative--yeas 18, nays 11, as follows:
YEAS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.
On motion, the 4th resolution was adopted, as follows:
_Resolved_, That all testimony taken by said committee shall be reported
to the Senate, and kept on file by the Secretary.
And having agreed to postpone the other resolutions reported, the Senate
adjourned.
THURSDAY, March 27.
Mr. DAYTON, from the Committee of Privileges, to whom was referred the
letter of William Duane, on the 26th instant, made report, as follows:
_Resolved_, That William Duane, editor of the General
Advertiser, or Aurora, having neglected and refused to
appear at the bar of this House, at 12 o'clock, on the 26th
day of March instant, pursuant to the order of the 24th
instant, of which order he had been duly notified; and
having sent the following letter to the President of the
Senate, which has been communicated to the Senate, viz:
"_To the President of the Senate_:
"SIR: I beg of you to lay before the Senate this
acknowledgment of my having received an authenticated copy
of their resolutions on Monday last, in my case. Copies of
those resolutions I transmitted to Messrs. Dallas and
Cooper, my intended counsel, soliciting their professional
aid; a copy of my letter is enclosed marked A. Their
answers I have also the pleasure to enclose, marked B and
C. I find myself, in consequence of these answers, deprived
of all professional assistance, under the restrictions
which the Senate have thought fit to adopt. I therefore
think myself bound by the most sacred duties to decline any
further voluntary attendance upon that body, and leave them
to pursue such measures in this case, as, in their
_wisdom_, they may deem meet. I am, sir with perfect
respect,
"WM. DUANE."
is guilty of a contempt of said order, and of this House,
and that, for said contempt, he, the said Wm. Duane, be
taken into the custody of the Sergeant-at-Arms attending
this House, to be kept subject to the further orders of the
Senate.
On motion to agree to this first resolution reported, it passed in the
affirmative--yeas 16, nays 12, as follows:
YEAS.--Messrs. Dayton, Dexter, Foster, Goodhue, Greene,
Hillhouse, Latimer, Laurance, Livermore, Lloyd, Paine,
Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.
On motion to strike out these words from the second resolution reported:
"And all marshals, deputy marshals, and civil officers of the United
States, and every other person, are hereby required to be aiding and
assisting to you in the execution thereof:" it passed in the
negative--yeas 10, nays 19, as follows:
YEAS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Mason, Nicholas, and Pinckney.
NAYS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Marshall, Paine, Read, Ross, Schureman, Tracy, and
Wells.
The second resolution reported was read as follows:
_Resolved_, That a warrant issue signed by the President of
the Senate, in the following form, viz:
UNITED STATES, }
_The 27th day of March, 1800_.} SS.
Whereas the Senate of the United States, on the 18th day of
March, 1800, then being in session in the city of
Philadelphia, did resolve that a publication in the General
Advertiser, or Aurora, a newspaper printed in the said city
of Philadelphia, on Wednesday, the 19th day of February,
then last past, contained assertions and pretended
information respecting the Senate, and Committee of the
Senate, and their proceedings, which were false,
defamatory, scandalous, and malicious, tending to defame
the Senate of the United States, and to bring them into
contempt and disrepute, and to excite against them the
hatred of the good people of the United States; and that
the said publication was a high breach of the privileges of
the House.
And whereas the Senate did then further resolve and order,
that the said William Duane, resident in the said city, and
editor of said newspaper, should appear at the bar of the
House, on Monday, the 24th day of March, instant, that he
might then have opportunity to make any proper defence for
his conduct in publishing the aforesaid false, defamatory,
scandalous, and malicious assertions and pretended
information.
And whereas the said William Duane did appear on said day
at the bar of the House, pursuant to said order, and
requested counsel; and the Senate, by their resolution of
the 24th day of March, instant,
_Resolved_, That William Duane, having appeared at the bar
of the Senate, and requested to be heard by counsel on the
charge against him for a breach of privileges of the
Senate, he be allowed the assistance of counsel while
personally attending at the bar of the Senate, who might be
heard in denial of any facts charged against said Duane, or
in excuse and extenuation of his offence, and that the said
William Duane should attend at the bar of the Senate on
Wednesday, then next, at 12 o'clock, of which the said
Duane had due notice.
And whereas said William Duane, in contempt of the said
last mentioned order, did neglect and refuse to appear at
the bar of the said Senate, at the time specified therein;
and the Senate of the United States, on the 27th day of
March, instant, did thereupon resolve that the said William
Duane was guilty of a contempt of said order and of the
Senate, and that for said contempt he, the said William,
should be taken into custody of the Sergeant-at-Arms
attending the Senate, to be kept for their further orders.
All which appears by the journals of the Senate of the
United States, now in session in the said city of
Philadelphia.
These are, therefore, to require you, James Mathers,
Sergeant-at-Arms for the Senate of the United States,
forthwith to take into your custody the body of the said
William Duane, now resident in the said city of
Philadelphia, and him safely to keep, subject to the
further order of the Senate; and all marshals, deputy
marshals, and civil officers, of the United States, and
every other person, are hereby required to be aiding and
assisting to you in the execution thereof; for which it
shall be your sufficient warrant.
Given under my hand, this 27th day of March, 1800.
THOMAS JEFFERSON,
_President of the Senate of the U. S._
On motion to agree to this resolution as reported, it passed in the
affirmative--yeas 18, nays 11, as follows:
YEAS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.
So the report of the committee was adopted.
MONDAY, March 31.
_Respect to Mrs. Washington._
A message from the House of Representatives informed the Senate that the
House have passed a bill, entitled "An act to extend the privilege of
franking letters and packages to Martha Washington."
TUESDAY, April 1.
The bill, sent from the House of Representatives entitled "An act to
extend the privilege of franking letters and packages to Martha
Washington," was read the second time; and, by unanimous consent, it was
read the third time and passed.
TUESDAY, April 8.
The bill for the defence of the merchant vessels of the United States
was read the second time, and referred to Messrs. GOODHUE, NICHOLAS, and
TRACY, to consider and report thereon to the Senate.
The bill "for the removal and accommodation of the Government of the
United States" was read the second time and referred to Messrs. ROSS,
LLOYD, and HILLHOUSE, to consider and report thereon to the Senate.
The bill to repeal the "Act laying duties on mills and implements
employed in the manufacture of snuff," was read the second time, and
referred to Messrs. BINGHAM, LIVERMORE, and LAURANCE, to consider and
report thereon to the Senate.
The bill permitting the exportation of some gunpowder, also a number of
muskets and cutlasses, was read the second time and ordered to lie on
the table.
Mr. CHIPMAN, from the committee to whom was referred on the 12th March
last, to inquire what amendments are necessary in the act to establish
the Judicial Courts of the United States, reported a bill on the
subject; which was read and ordered to the second reading.
The Senate took into consideration the report of the committee on the
petition of Thomas Burling and others, inhabitants of the Mississippi
Territory; and the report was adopted.
TUESDAY, April 29.
_Judiciary--Its better Organization._
The Senate took into consideration the report of the committee on the
bill to amend the act to establish the Judicial Courts of the United
States; the first clause of which is as follows:
Strike out the whole of the bill after the word "serve," in
third line, and insert "in the Courts of the United States,
shall be designated by lot, or otherwise, in each State or
district respectively, according to the mode of forming
juries, to serve in the highest courts of law therein, now
practised; so far as the same shall render such designation
practicable by the Courts and Marshals of the United
States."
On motion to strike out all that follows the word "otherwise," in the
fourth line of the report, for the purpose of inserting the following:
"Summoned or procured in each State respectively, according
to the mode directed and prescribed by the laws of each
State respectively, so far as such laws shall render the
same practicable by the Courts or Marshals of the United
States; and where the State mode cannot be used in the
Courts of the United States, the Marshal attending such
Courts shall, every day the Court sits, summon a sufficient
number of persons to attend the Court that day, that out of
them may be impannelled sufficient juries for the trial of
all causes (except cases punishable with death) depending
in such Courts; and if any person so summoned shall fail to
attend the Court accordingly, he shall be fined eight
dollars, to the use of the United States:"
A division of the motion was called for, and the question was taken on
striking out, which passed in the negative--yeas 9, nays 16, as follows:
YEAS.--Messrs. Anderson, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, and Nicholas.
NAYS.--Messrs. Bingham, Dayton, Dexter, Foster, Goodhue,
Greene, Gunn, Hillhouse, Howard, Latimer, Livermore, Read,
Ross, Schureman, Tracy, and Wells.
And it was agreed, that the bill pass to the third reading as
amended.[47]
WEDNESDAY, May 14.
The VICE PRESIDENT having, by letter, intimated his desire to be excused
from further attendance, as it would probably be the last day of the
session, the Senate proceeded to the choice of a President _pro
tempore_, as the constitution provides, and URIAH TRACY was duly
elected.
_Mississippi Slave Act._
The bill entitled "An act to permit, in certain cases, the bringing of
slaves into the Mississippi Territory," was read the third time. On the
question to agree to the final passage thereof, it passed in the
negative--yeas 5, nays 14, as follows:
YEAS.--Messrs. Anderson, Cocke, Marshall, Pinckney, and
Read.
NAYS.--Messrs. Baldwin, Bingham, Bloodworth, Brown, Dayton,
Foster, Franklin, Greene, Hillhouse, Laurance, Livermore,
Mason, Morris, and Ross.
A message from the House of Representatives informed the Senate that the
House disagree to the amendment of the Senate to the bill regulating the
grants of land for the refugees from the British provinces of Canada and
Nova Scotia.
The Senate considered the resolution of the House of Representatives on
the amendment of the Senate to the bill last mentioned.
_Resolved_, That they adhere to their amendment.
Mr. Ross, from the committee on the bill making grants of lands to the
inhabitants of Vincennes, and Illinois country, reported the bill
without amendment, and it was agreed to postpone the bill to the next
session of Congress.
_Adjournment._
A message from the House of Representatives informed the Senate that
they have appointed a committee on their part, with such as the Senate
may join, to wait on the PRESIDENT OF THE UNITED STATES and notify him
that, unless he hath any further communications to make to the two
Houses of Congress, they are ready to adjourn; and they desire the
appointment of a committee on the part of the Senate.
The Senate agreed to the resolution of the House of Representatives
appointing a committee, jointly with such as the Senate may appoint, to
wait on the PRESIDENT OF THE UNITED STATES, and notify him of the
proposed adjournment of the two Houses of Congress; and it was ordered
that Messrs. BINGHAM and WELLS be the committee on the part of the
Senate.
Mr. BINGHAM reported, from the joint committee last mentioned, that the
PRESIDENT OF THE UNITED STATES had no further communication to make to
Congress at this time than his best wishes for their safe return to
their respective places of abode.