UNITED STATES, _Dec. 22, 1800_.
On motion,
_Resolved_, That all confidential communications made by
the PRESIDENT OF THE UNITED STATES to the Senate, shall be,
by the members thereof, kept inviolably secret; and that
all treaties which may hereafter be laid before the Senate,
shall also be kept secret, until the Senate shall, by their
resolution, take off the injunction of secrecy.
THURSDAY, January 8, 1801.
The Senate resumed the consideration of the convention made on behalf of
the United States with the Republic of France.
And the second article having been debated, a question was moved
thereon, to wit: "Will the Senate advise and consent to the ratification
of this article?"
And the yeas and nays being taken, are as follows--yeas 11, nays 16:
YEAS.--Messrs. Baldwin, Bloodworth, Brown, Cocke, T.
Foster, Franklin, Greene, Langdon, S. T. Mason, Nicholas,
and Paine.
NAYS.--Messrs. Armstrong, Chipman, Dayton, D. Foster, Gunn,
Hillhouse, Hindman, Howard, Latimer, Livermore, J. Mason,
Morris, Read, Schureman, Tracy, and Wells.
So it passed in the negative.
And the third article being under consideration, a question was moved
and put, "Will the Senate advise and consent to the ratification of this
article?"
And the yeas and nays being taken, are as follows--yeas 12, nays 15:
YEAS.--Messrs. Armstrong, Baldwin, Bloodworth, Brown,
Cocke, T. Foster, Franklin, Greene, Gunn, Langdon, S. T.
Mason, and Nicholas.
NAYS.--Messrs. Chipman, Dayton, D. Foster, Hillhouse,
Hindman, Howard, Latimer, Livermore, J. Mason, Morris,
Paine, Read, Schureman, Tracy, and Wells.
So it passed in the negative.
The Senate proceeded in the consideration of the convention, so far as
the fourteenth article; and, after debate,
_Ordered_, That the further consideration thereof be postponed.
FRIDAY, January 9.
The Senate resumed the consideration of the convention made on behalf of
the United States with the Republic of France.
On motion, to advise and consent to the adoption of an additional
article, to wit:
"It is further agreed, between the said contracting
parties, that nothing in this treaty contained, shall be
construed or operate contrary to former and existing
treaties with other States or sovereigns."
And, on the question, "Will the Senate advise and consent to the
adoption of this article?" it passed unanimously in the
affirmative--yeas 27, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, Dayton, D. Foster, Franklin, Greene,
Gunn, Hillhouse, Hindman, Howard, Langdon, Latimer,
Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine,
Read, Schureman, Tracy, and Wells.
On motion, to advise and consent to the adoption of the following
additional article, to wit:
"The present convention shall be in full force during the
term of ---- years, to be computed from the time of the
exchange of the ratifications."
And, after debate,
_Ordered_, That the further consideration thereof be postponed.
MONDAY, January 12.
The Senate resumed the consideration of the convention made on behalf of
the United States with the Republic of France; and
The motion made on the 9th instant, being amended as follows:
The present convention shall be in full force until two
years, to be computed from the day of the signature of the
preliminary or other articles of peace, which shall
conclude the war in which the French nation is now engaged,
or for a term not exceeding ---- years, to be computed from
the time of the exchange of the ratifications, whichever
event shall first happen.
On the question, "Will the Senate advise and consent to the
adoption of this article?" it was determined in the
affirmative--yeas 25, nay 1, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D.
Foster, Franklin, Greene, Hillhouse, Hindman, Howard,
Latimer, Livermore, Morris, Nicholas, Paine, Read,
Schureman, Tracy, and Wells.
NAY.--Mr. Langdon.
THURSDAY, January 15.
The Senate resumed the consideration of the convention made on behalf of
the United States with the Republic of France: Whereupon,
The VICE PRESIDENT reported to the House, that the Senate, as in a
Committee of the Whole, had had under their consideration the
convention, and had gone through the same, and had agreed to sundry
modifications, which he proceeded to state to the House, and again to
put questions thereon, severally, for confirmation, as follows:
On the question, whether the Senate would advise and consent to the
ratification of the second article of the convention? it passed in the
negative--yeas 10, nays 15, as follows:
YEAS.--Messrs. Anderson, Baldwin, Bloodworth, Cocke, T.
Foster, Franklin, Langdon, Marshall, Nicholas, and Paine.
NAYS.--Messrs. Bingham, Chipman, Dayton, D. Foster,
Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris,
Read, Ross, Schureman, Tracy, and Wells.
On the question whether the Senate would advise and consent to the
ratification of the third article of the convention? a motion was made
to amend the article, by adding to the end thereof, these words, "or
paid for." Whereupon,
A motion was made to amend the amendment by adding thereto the following
words: "And so likewise, the merchant ships and vessels which have been
taken, and definitively condemned on the one part and the other, shall
be restored or paid for."
On the question to agree to the amendment to the amendment, it passed in
the negative--yeas 8, nays 20, as follows:
YEAS.--Messrs. D. Foster, Hillhouse, Howard, Latimer,
Livermore, Read, Tracy, and Wells.
NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster,
Franklin, Langdon, Marshall, S. T. Mason, J. Mason, Morris,
Nicholas, Paine, Ross, and Schureman.
So the amendment to the amendment was lost.
On the question to agree to the original amendment, to wit: to add the
words "or paid for;" it passed in the negative--yeas 7, nays 21, as
follows:
YEAS.--Messrs. Anderson, Armstrong, Brown, Baldwin, Cocke,
S. T. Mason, and Nicholas.
NAYS.--Messrs. Bingham, Bloodworth, Chipman, Dayton, T.
Foster, D. Foster, Franklin, Hillhouse, Howard, Langdon,
Latimer, Livermore, Marshall, J. Mason, Morris, Paine,
Read, Ross, Schureman, Tracy, and Wells.
So the amendment was lost.
On the question, whether the Senate would advise and consent to the
ratification of the third article? it passed in the negative--yeas 13,
nays 16, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Cocke, T. Foster, Franklin, Greene, Langdon,
Marshall, S. T. Mason, and Nicholas.
NAYS.--Messrs. Bingham, Chipman, Dayton, D. Foster,
Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris,
Paine, Read, Ross, Schureman, Tracy, and Wells.
On the question, whether the Senate would advise and consent to the
adoption of the first additional article, agreed to as in Committee of
the Whole, on the 9th instant? it passed unanimously in the
affirmative--yeas 28, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D.
Foster, Franklin, Greene, Hillhouse, Howard, Langdon,
Latimer, Livermore, S. T. Mason, J. Mason, Morris,
Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.
On motion to fill the blank in the second additional article, agreed to
as in Committee of the Whole, with the words, "ten years;" it passed in
the negative--yeas 9, nays 19, as follows:
YEAS.--Messrs. Baldwin, Bloodworth, Brown, Cocke, T.
Foster, Franklin, Langdon, S. T. Mason, and Nicholas.
NAYS.--Messrs. Anderson, Armstrong, Bingham, Chipman,
Dayton, D. Foster, Greene, Hillhouse, Howard, Latimer,
Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman,
Tracy, and Wells.
On motion to fill the blank with the words "eight years," it passed
unanimously in the affirmative--yeas 28, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D.
Foster, Franklin, Greene, Hillhouse, Howard, Langdon,
Latimer, Livermore, S. T. Mason, J. Mason, Morris,
Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.
On motion to amend the second additional article agreed to as in
Committee of the Whole, by striking out these words, "until two years,
to be computed from the day of the signature of the preliminary or other
articles of peace, which shall conclude the war in which the French
nation is now engaged."
And, on the question, "Shall these words stand?" it passed in the
negative--yeas 4, nays 23, as follows:
YEAS.--Messrs. Livermore, Paine, Read, and Tracy.
NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster,
Franklin, Greene, Hillhouse, Howard, Langdon, Latimer,
Marshall, S. T. Mason, J. Mason, Morris, Nicholas,
Schureman, and Wells.
And the article having been further amended, by unanimous consent, to
read as follows:
"The present convention shall be in full force for the term
of eight years, to be computed from the time of the
exchange of the ratifications."
On the question, whether the Senate would advise and consent to the said
additional article, as amended? it passed in the affirmative--yeas 26,
nay 1, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster,
Franklin, Greene, Hillhouse, Howard, Langdon, Latimer,
Marshall, S. T. Mason, J. Mason, Morris, Nicholas, Paine,
Read, Schureman, Tracy, and Wells.
NAY.--Mr. Livermore.
_Ordered_, That Mr. MORRIS, Mr. NICHOLAS, and Mr. DAYTON, be a committee
to reduce the several votes on this treaty into the form of a
ratification.
WEDNESDAY, January 21.
The following Message was received from the PRESIDENT OF THE UNITED
STATES:
_Gentlemen of the Senate_:
In compliance with your request, signified in your
resolution of the twentieth day of this month, I transmit
you a report, made to me by the Secretary of State, on the
same day; a letter of our late Envoys to him on the 4th of
October last; an extract of a letter from our Minister
Plenipotentiary in London, to him, of the 22d of November
last; and an extract of another letter from the Minister to
the Secretary, of the 31st of October last.
The reasoning in the letter of our late Envoys to France is
so fully supported by the writers on the law of nations,
particularly by Vattel, as well as by his great masters,
Grotius and Puffendorf, that nothing is left to be desired
to settle the point, that if there be a collision between
two treaties, made with two different powers, the more
ancient has the advantage; for no engagement contrary to it
can be entered into in the treaty afterwards made; and if
this last be found, in any case, incompatible with the more
ancient one, its execution is considered as impossible,
because the person promising had not the power of acting
contrary to his antecedent engagement. Although our right
is very clear to negotiate treaties according to our own
ideas of right and justice, honor and good faith, yet it
must always be a satisfaction to know that the judgment of
other nations with whom we have connection, coincides with
ours, and that we have no reason to apprehend that any
disagreeable questions and discussions are likely to arise.
The letters from Mr. King will, therefore, be read by the
Senate, with particular satisfaction.
The inconveniences to public officers and the mischiefs to
the public, arising from the publication of the despatches
of Ministers abroad, are so numerous, and so obvious, that
I request of the Senate that these papers, especially the
letters from Mr. King, be considered in close confidence.