And the question being taken on the motion as amended, it was

_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.

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