UNITED STATES, _Jan. 21, 1801_.
The Message and papers were read, and ordered to lie for consideration.
The Senate resumed the consideration of the report of the committee
appointed to reduce the several votes on the convention made on behalf
of the United States with the Republic of France, into the form of a
ratification, together with the motion made yesterday thereon, to wit:
to amend the proviso, by inserting after the word "third," the words
"and nineteenth." And, on the question, to agree to the insertion of the
words, it was determined in the negative--yeas 6, nays 22, as follows:
YEAS.--Messrs. Bingham, Hillhouse, Read, Ross, Tracy, and
Wells.
NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster,
Franklin, Greene, Howard, Langdon, Latimer, Livermore, S.
T. Mason, J. Mason, Morris, Nicholas, Paine, and Schureman.
_Ordered_, That the further consideration of the convention, and the
report of the committee thereon, be postponed until Friday next.
FRIDAY, January 23.
The Senate resumed the consideration of the report of the committee
appointed to reduce the several votes on the convention made on behalf
of the United States with the Republic of France, into the form of a
ratification, which report is as follows:
_Resolved by the Senate of the United States_, (two-thirds
of the Senators present concurring therein,) That they do
consent to and advise the ratification of the convention
between the French Republic and the United States of
America, made at Paris the eighth day of Vendemaire, of the
ninth year of the French Republic, the thirtieth day of
September, anno Domini eighteen hundred: _Provided_, The
second and third articles be expunged, and that the
following articles be added or inserted:
1st. It is understood that nothing in this convention shall
be so construed as to operate contrary to any former and
existing treaties between either of the parties and any
other State or Sovereign.
2d. It is agreed that the present convention shall be in
force for the term of eight years from the time of the
exchange of the ratifications.
Whereupon a motion was made to strike out the whole of the proviso; on
which it was agreed to divide the question into four parts, viz:
1st. Whether so much as provides that the second article
shall be expunged, shall stand?
2d. Whether so much as provides that the third article be
expunged, shall stand?
3d. Whether that part shall stand which restrains it from
operating against former treaties?
4th. Whether that part shall stand which provides a
limitation of time to its duration?
And, on the question on the first division, to wit: Whether so much as
provides that the second article shall be expunged, shall stand? it
passed in the negative, two-thirds of the Senators present not agreeing
thereto--yeas 17, nays 13, as follows:
YEAS.--Messrs. Armstrong, Bingham, Chipman, Dayton, D.
Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason,
Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
T. Foster, Franklin, Greene, Langdon, Livermore, Marshall,
S. T. Mason, and Nicholas.
And on the question on the second division, to wit: Whether so much as
provides that the third article shall be expunged, shall stand? it
passed in the negative, two-thirds of the Senators present not agreeing
thereto--yeas 16, nays 17, as follows:
YEAS.--Messrs. Bingham, Chipman, Dayton, D. Foster,
Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris,
Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Cocke, T. Foster, Franklin, Greene, Langdon,
Livermore, Marshall, S. T. Mason, and Nicholas.
And, on the question on the third division, to wit: Whether that part
shall stand which restrains it from operating against former treaties?
it passed in the negative, two-thirds of the Senators present not
agreeing thereto--yeas 17, nays 13, as follows:
YEAS.--Messrs. Bingham, Chipman, Dayton, D. Foster, Greene,
Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris,
Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Cocke, T. Foster, Franklin, Langdon, Livermore,
Marshall, S. T. Mason, and Nicholas.
And, on the question on the fourth division, to wit: Whether that part
shall stand which provides a limitation of time to its duration? it was
determined in the affirmative--yeas 24, nays 6, as follows:
YEAS.--Messrs. Anderson, Armstrong, Bingham, Bloodworth,
Chipman, Cocke, Dayton, D. Foster, Franklin, Greene,
Hillhouse, Hindman, Howard, Langdon, Latimer, Livermore, J.
Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and
Wells.
NAYS.--Messrs. Baldwin, Brown, T. Foster, Marshall, S. T.
Mason, and Nicholas.
And, on the question to agree to the report of the committee, as
amended, it was determined in the negative, two-thirds of the Senators
present not agreeing thereto--yeas 16, nays 14, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, T. Foster, Franklin, Greene,
Langdon, Livermore, Marshall, S. T. Mason, Nicholas, and
Paine.
NAYS.--Messrs. Bingham, Dayton, D. Foster, Hillhouse,
Hindman, Howard, Latimer, J. Mason, Morris, Read, Ross,
Schureman, Tracy, and Wells.
TUESDAY, February 3.
On motion, it was agreed to reconsider the vote passed the 23d of
January, on the report of the committee appointed to reduce the several
votes on the convention made on behalf of the United States with the
French Republic, into the form of a ratification.
On motion, it was agreed to reconsider the first division of the report,
to wit:
"Whether so much as provides that the second article shall
be expunged, shall stand?"
And, on the question to agree to this part of the report, it passed in
the affirmative--yeas 30, nay 1, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bingham,
Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D.
Foster, Franklin, Greene, Gunn, Hillhouse, Hindman, Howard,
Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris,
Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.
NAY.--Mr. Marshall.
On motion, it was agreed to reconsider the vote of the 23d of January,
on the second division of the report, to wit:
"Whether so much as provides that the third article shall
be expunged, shall stand?"
And, on the question to agree thereto, it passed in the negative,
two-thirds of the Senators present not agreeing thereto--yeas 18, nays
13, as follows:
YEAS.--Messrs. Bingham, Chipman, Dayton, D. Foster, Greene,
Hillhouse, Hindman, Howard, Latimer, Livermore, J. Mason,
Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Cocke, T. Foster, Franklin, Gunn, Langdon, Marshall,
S. T. Mason, and Nicholas.
On the question to agree to the ratification, as follows:
_Resolved by the Senate of the United States_, (two-thirds
of the Senators present concurring therein,) That they do
consent to, and advise the ratification of the convention
between the French Republic and the United States of
America, made at Paris, the eighth day of Vendemaire, of
the ninth year of the French Republic, the thirtieth day of
September, anno Domini, eighteen hundred: _Provided_, The
second article be expunged, and that the following article
be added or inserted:
It is agreed, that the present convention shall be in force
for the term of eight years, from the time of the exchange
of the ratifications.
It passed in the affirmative--yeas 22, nays 9, as follows:
YEAS.--Messrs. Anderson, Armstrong, Baldwin, Bloodworth,
Brown, Chipman, Cocke, Dayton, T. Foster, Franklin, Greene,
Gunn, Hindman, Howard, Langdon, Latimer, Livermore,
Marshall, S. T. Mason, Nicholas, Paine, and Schureman.
NAYS.--Messrs. Bingham, D. Foster, Hillhouse, J. Mason,
Morris, Read, Ross, Tracy, and Wells.
_Ordered_, That the Secretary lay this resolution before the PRESIDENT
OF THE UNITED STATES.
FRIDAY, February 20.
The following Message was received from the PRESIDENT OF THE UNITED
STATES:
_Gentlemen of the Senate_:
I request of the Senate, that the letter and journal of our
late Envoys to France, and the copy of their instructions,
and other documents relative to that negotiation, may be
returned to me, or to the office of State.