PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE FIRST SESSION OF THE FIFTH CONGRESS, BEGUN AT THE CITY OF PHILADELPHIA, MONDAY, MAY 15, 1797. In pursuance of the authority given by the Constitution, the PRESIDENT OF THE UNITED STATES, On the 25th day of March last, caused to be issued the Proclamation which follows: BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: A PROCLAMATION. Whereas the Constitution of the United States of America provides that the President may, on extraordinary occasions, convene both Houses of Congress; and whereas an extraordinary occasion exists for convening Congress, and divers weighty matters claim their consideration, I have therefore thought it necessary to convene, and I do by these presents convene the Congress of the United States of America, at the City of Philadelphia, in the Commonwealth of Pennsylvania, on Monday the fifteenth day of May next, hereby requiring the Senators and Representatives in the Congress of the United States of America, and every of them, that, laying aside all other matters and cares, they then and there meet and assemble in Congress, in order to consult and determine on such measures as in their wisdom shall be deemed meet for the safety and welfare of the said United States. In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the City of Philadelphia the [L. S.] twenty-fifth day of March, in the year of our Lord one thousand seven hundred and ninety: seven, and of the Independence of the United States of America the twenty-first. By the President: TIMOTHY PICKERING, JOHN ADAMS. MONDAY, May 15, 1797. This being the day appointed by the Proclamation of the PRESIDENT OF THE UNITED STATES, of the 25th of March last, for the meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit: From New Hampshire-ABIEL FOSTER and JONATHAN FREEMAN. From Massachusetts-THEOPHILUS BRADBURY, DWIGHT FOSTER, NATHANIEL FREEMAN, jr.. SAMUEL LYMAN, HARRISON GRAY OTIS, JOHN REED, SAMUEL SEWALL, WILLIAM SHEPARD, GEORGE THATCHER, JOSEPH BRADLEY VARNUM, and PELeg WADSWORTH. From Rhode Island-CHRISTOPHER G. CHAMPLIN and ELISHA R. POTTER. From Connecticut-JOSHUA COIT, SAMUEL W. DANA, JAMES DAVENPORT, CHAUNCEY GOODRICH, ROGER GRISWOLD, and NATHANIEL SMITH. From Vermont-MATTHEW LYON. From New York-DAVID BROOKS, JAMES COCHRAN, LUCAS ELMENDORPH, HENRY GLEN, JONATHAN N. HAVENS, HEZEKIAH L. HOSMER, EDWARD LIVINGSTON, JOHN E. VAN ALEN, PHILIP VAN CORTLANDT, and JOHN WILLIAMS. From New Jersey-JONATHAN DAYTON, JAMES H. IMLAY, and MARK THOMPSON. From Pennsylvania-DAVID BARD, JOHN CHAPMAN, GEORGE EGE, ALBERT GALLATIN, JOHN ANDRE HANNA, THOMAS HARTLEY, JOHN WILKES KITTERA, BLAIR M'CLENACHAN, SAMUEL SITGREAVES, JOHN SWANWICK, and RICHARD THOMAS. From Maryland-GEORGE BAER, jr., WILLIAM CRAIK, JOHN DENNIS, GEORGE DENT, WILLIAM HINDMAN, WILLIAM MATTHEWS, and RICHARD SPRIGG, jr. From Virginia-SAMUEL JORDAN CABELL, THOMAS CLAIBORNE, MATTHEW CLAY, JOHN CLOPTON, JOHN DAWSON, THOMAS EVANS, WILLIAM B. GILES, CARTER B. HARRISON, DAVID HOLMES, WALTER JONES, JAMES MACHIR, DanIEL MORGAN, ANTHONY NEW, JOHN NICHOLAS, ABRAM TRIGG, and ABRAHAM VENABLE. From North Carolina-THOMAS BLOUNT, NATHAN BRYAN, JAMES GILLESPIE, WILLIAM BARRY GROVE, MATTHEW LOCKE, NATHANIEL MACON, RICHARD STANFORD, and ROBERT WILLIAMS. From South Carolina-ROBERT GOODLOE HARPER, JOHN RUTLEDGE, jr., and WILLIAM SMITH, (of Charleston District.) From Georgia-ABRAHAM BALDWIN and JOHN MILLEDGE. And a quorum, consisting of a majority of the whole number, being present, The House proceeded, by ballot, to the choice of a SPEAKER; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JONATHAN DAYTON, one of the Representatives for the State of New Jersey: whereupon, Mr. DAYTON was conducted to the Chair, from whence he made his acknowledgments to the House, as follows: Accept, gentlemen, my acknowledgments for the very flattering mark of approbation and confidence exhibited in this second call to the Chair, by a vote of this House. "Permit me, most earnestly, to request of you a continuance of that assistance and support, which were, upon all occasions, during the two preceding sessions, very liberally afforded to me; and, without which, all my exertions to maintain the order, and expedite the business of the House, must be, in a great degree, unsuccessful." ELECTION OF CLERK, &c. The SPEAKER informed the House, that, according to former proceedings, the next business would be to proceed to the choice of a Clerk. He read one of the rules of the House, which says, that previous to the election of any officer, for whom others than members are eligible, a nomination shall be made. He left the House to decide whether a nomination ought to be made in this case. Mr. MACON thought that a nomination ought to be made, and named John Beckley. Mr. GILES thought this case came under the rule, and that it was proper a nomination should take place; because, if it were wished to choose a fresh person to the office, it would be necessary some inquiry should be made of the member who proposed him, with respect to his fitness and qualifications for the business; they ought also to hear from such member any objection which might lie against the person who now fills the office. Mr. THATCHER said that no nomination had been made on former similar occasions. Mr. W. SMITH observed that the rules of a former House were not binding upon a new House, until that House had determined that they should be so. It had been the practice heretofore, on the meeting of a new Congress, that the rules of the former House should be binding on them, until otherwise determined; but, as no such vote had yet been passed, and as in a former instance there had been a previous nomination when a Clerk was to be chosen, he saw no reason for it in the present case. A similar attempt for a nomination was made at the time the last Clerk was chosen, but it did not obtain, nor could he discover why gentlemen should be so anxious for a nomination at present. Mr. WILLIAMS said, as no vote had been passed for adhering to the former rules, they were not binding on the House. He thought it could make no difference in the event whether there was a nomination or not. Mr. CLAIBORNE was in favor of a nomination. Mr. W. SMITH thought the question before them was, whether they would then proceed to the choice of a Clerk or not. He asked what purpose could be answered by a nomination? If it were to inquire into the character of the person proposed, time would be necessary, whereas they must immediately proceed to the choice of a Clerk, as their business could not be recorded [MAY, 1797. until he was appointed; besides, he doubted not gentlemen had already determined for whom they would vote, and therefore it would answer no purpose. Mr. MACON allowed that no nomination was made at the last election of a Clerk, but he said a nomination was made for the Sergeant-at-Arms, and others, and he thought that the same step ought to be taken with respect to the choice of a Clerk. Mr. GILES repeated his wish for a nomination, for the reasons he had before stated; but he was not very solicitous which of the methods was adopted. Mr. THATCHER did not recollect that there had been any nomination on former occasions for a Clerk ; but he thought it immaterial whether he was chosen to-day or to-morrow, since he believed the present Clerk would be considered in office until a new one should be chosen, and they were not, therefore, without a Clerk to record their proceedings. The question being put for immediately going into the choice of a Clerk, it was carried; and the votes having been collected, the SPEAKER appointed Messrs. W. SMITH and LIVINGSTON as tellers; when, having examined the votes, Mr. SMITH reported that there were— For Jonathan Williams Condy 41 40 Mr. CONDY being therefore elected, he was sent for, and soon after introduced, and took his seat at the Clerk's table. Mr. W. SMITH moved that Mr. BRADBURY be appointed to administer the Constitutional oath to the SPEAKER; which was carried, and the oath administered accordingly. The SPEAKER then proceeded to qualify all the members present, (viz: eighty-one,) by States, three or four at a time, who all took the following oath, (except two members, who being Quakers, took their affirmation :) "I do solemnly swear that I will support the Constitution of the United States." The affirmation of office, and the affirmation to support the Constitution, was also administered to the Clerk. It was then moved and carried, that a message be sent to the Senate, to inform them that a quorum of the House is assembled, and have chosen a Speaker. A message was received from the Senate, informing the House that they had formed a quorum. The House then proceeded to the choice of a Sergeant-at-Arms, Doorkeeper, and Assistant Doorkeeper, when JOSEPH WHEATON was unanimously elected as Sergeant-at-Arms; THOMAS CLAXTON as Doorkeeper; and THOMAS DUNN as Assistant Doorkeeper. Mr. SITGREAVES moved that a committee be appointed, jointly with such committee as may be appointed on the part of the Senate, to wait on the President, to inform him that quorums of both Houses are assembled, and ready to receive any communication which he may think proper to make to them. Agreed to, and Messrs. VENABLE. KITTERA, and FREEMAN, (Mass.,) were appointed a committee. Subsequently a message was received from the Senate, informing the House that they had concurred with the House in choosing a committee to wait upon the President, and had appointed Messrs. LIVERMORE and LANGDON on that committee. Mr. WILLIAMS made the usual motion directing the Clerk to cause each member to be served daily with three of such of the daily papers of this city as he may choose. Mr. Corr moved to amend the motion, by omitting the words papers of this city, in order that members might be at liberty to take any other papers; which was negatived, and the original motion carried. Mr. WILLIAMS moved that a Committee of Elections should be chosen. The SPEAKER said that this motion was superseded by a standing rule of the House to the same effect. A motion was then made that a Committee of Election should be chosen; which was done, and Messrs. Corr, VARNUM, WILLIAMS, DENT, HARRISON, HARTLEY, and BALDWIN, were appointed. Mr. W. SMITH moved that the Rules and Regulations of the late House of Representatives shall be deemed those of this House, until an alteration or revision shall take place. Carried, and ordered to be printed. Mr. SITGREAVES moved that a committee be appointed to revise the Rules. Agreed to, and a committee of three appointed. Mr. VENABLE, from the committee appointed to wait upon the President, reported that the President would meet the two Houses in that House to-morrow at twelve o'clock. On motion, adjourned til! to-morrow at eleven o'clock. [H. OF R. The SPEAKER said the notice was not necessary, but was not improper to be given. PRESIDENT'S SPEECH. It being near twelve o'clock, the SPEAKER observed, that it had been usual on similar occasions to the present, to send a message to the Senate, to inform them that the House is now ready to attend them in receiving the communication of the PRESIDENT, agreeably to his appointment: such a message was agreed to, and sent accordingly. Soon after, the members of the Senate entered, and took the seats assigned them; and a little after twelve, the PRESIDENT OF THE UNITED STATES entered, and took the Chair of the SPEAKER, (which he vacated on the entrance of the Senate, the President and Clerk of the Senate being placed on the right hand of the Chair, and the Speaker of the House of Representatives and the Clerk on the left.) After sitting a moment, he rose, and delivered the following Speech: Gentlemen of the Senate, and Gentlemen of the House of Representatives : The personal inconveniences to the members of the Senate, and of the House of Representatives, in leaving their families and private affairs, at this season of the year, are so obvious, that I the more regret the extraordinary occasion which has rendered the convention of Congress indispensable. It would have afforded me the highest satisfaction to have been able to congratulate you on a restoration of peace to the nations of Europe, whose animosities have endangered our tranquillity; but we have still abundant cause of gratitude to the Supreme Dispenser of national blessings, for general health and promising seasons; for domestic and social happiness; for the rapid progress and ample acquisitions of industry, through extensive territories; for civil, political, and religious liberty. While other States are desolated with foreign war, or convulsed with intestine divisions, the United States present the pleasing prospect of a nation governed by mild and equal laws, generally satSeveral other members, to wit: from New Jer-isfied with the possession of their rights; neither ensey, JAMES SCHUREMAN and THOMAS SINNICKSON; from Virginia, JOHN TRIGG; and from South Carolina, THOMAS SUMPTER, appeared, produced their credentials, were qualified, and took their seats in the House. On motion, TUESDAY, May 16. Resolved, That two Chaplains of different denominations be appointed to Congress for the present session, one by each House, to interchange weekly. CHAPLAINS TO THE SENATE. A message from the Senate informed the House that they had appointed the Rev. Bishop WHITE as their Chaplain, to interchange weekly with the Chaplain to be appointed by that House. Mr. SITGREAVES wished that the choosing of a Chaplain for that House might be the order of the day for to-morrow. Mr. MACON believed it was not necessary that any notice should be given for the purpose; it might be the order for any day on which the gentleman chose to bring forward the subject. vying the advantages nor fearing the power of other nations; solicitous only for the maintenance of order and justice, and the preservation of liberty; increasing daily in their attachment to a system of government, in proportion to their experience of its utility; yielding a ready and general obedience to laws flowing from the reason, and resting on the only solid foundation—the affections of the people. It is with extreme regret that I shall be obliged to turn your thoughts to other circumstances, which admonish us that some of these felicities may not be lasting; but, if the tide of our prosperity is full, and a reflux commencing, a vigilant circumspection becomes us, that we may meet our reverses with fortitude, and skill we possess, and all the efforts in our power. extricate ourselves from their consequences with all the In giving to Congress information of the state of the Union, and recommending to their consideration such measures as appear to me to be necessary or expedient, according to my Constitutional duty, the causes and the objects of the present extraordinary session will be explained. After the President of the United States received information that the French Government had expressed H. OF R.] President's Speech. [MAY, 1797. known, and established by the law and usage of nations; the refusal on the part of France to receive our Minister is then the denial of a right; but the refusal to hear him, until we have acceded to their demands, without discussion, and without investigation, is to treat us neither as allies, nor as friends, nor as a sovereign State. serious discontents at some proceedings of the Government of these States, said to affect the interests of France, he thought it expedient to send to that country a new Minister, fully instructed to enter on such amicable discussions and to give such candid explanations as might happily remove the discontents and suspicions of the French Government and vindicate the conduct of the United States. For this purpose he selected With this conduct of the French Government, it from among his fellow-citizens a character whose in- will be proper to take into view the public audience tegrity, talents, experience, and services, had placed him given to the late Minister of the United States, on his in the rank of the most esteemed and respected in the taking leave of the Executive Directory. The Speech nation. The direct object of his mission was expressed of the President discloses sentiments more alarming in his letter of credence to the French Republic, being than the refusal of a Minister; because more dangerous "to maintain that good understanding which, from the to our independence and union; and at the same time commencement of the alliance, had subsisted between studiously marked with indignities towards the Govthe two nations, and to efface unfavorable impressions; ernment of the United States. It evinces a disposition banish suspicions, and restore that cordiality which was to separate the people of the United States from the at once the evidence and pledge of a friendly union;" Government; to persuade them that they have differand his instructions were to the same effect, "faithfully ent affections, principles, and interests, from those of to represent the disposition of the Government and their fellow-citizens, whom they themselves have chosen people of the United States, (their disposition being to manage their common concerns; and thus to proone;) to remove jealousies and obviate complaints, by duce divisions fatal to our peace. Such attempts ought showing that they were groundless; to restore that mu- to be repelled with a decision which shall convince tual confidence which had been so unfortunately and France, and the world, that we are not a degraded injuriously impaired, and to explain the relative inter- people, humiliated under a colonial spirit of fear and ests of both countries and the real sentiments of his sense of inferiority, fitted to be the miserable instruown." ments of foreign influence; and regardless of national honor, character, and interest. A Minister thus specially commissioned, it was expected, would have proved the instrument of restoring mutual confidence between the two Republics; the first step of the French Government corresponded with that expectation. A few days before his arrival at Paris, the French Minister of Foreign Relations informed the American Minister, then resident at Paris, of the formalities to be observed by himself in taking leave, and by his successor preparatory to his reception. These formalities they observed; and on the ninth of December presented officially to the Minister of Foreign Relations, the one a copy of his letters of recall, the other a copy of his letters of credence. These were laid before the Executive Directory; two days after wards, the Minister of Foreign Relations informed the recalled American Minister that the Executive Directory had determined not to receive another Minister Plenipotentiary from the United States until after the redress of grievances demanded of the American Government, and which the French Republic had a right to expect from it. The American Minister immediately endeavored to ascertain whether, by refusing to receive him, it was intended that he should retire from the territories of the French Republic, and verbal answers were given that such was the intention of the Directory. For his own justification he desired a written answer; but obtained none until towards the last of January; when receiving notice in writing to quit the territories of the Republic, he proceeded to Amsterdam, where he proposed to wait for instruction from this Government. During his residence at Paris, cards of hospitality were refused him, and he was threatened with being subjected to the jurisdiction of the Minister of Police, but with becoming firmness he insisted on the protection of the law of nations, due to him as the known Minister of a foreign Power. You will derive further information from his despatches, which will be laid before you. As it is often necessary that nations should treat, for the mutual advantage of their affairs, and especially to accommodate and terminate differences, and as they can treat only by Ministers, the right of embassy is well I should have been happy to have thrown a veil over these transactions, if it had been possible to conceal them; but they have passed on the great theatre of the world, in the face of all Europe and America, and with such circumstances of publicity and solemnity that they cannot be disguised, and will not soon be forgotten; they have inflicted a wound in the American breast; it is my sincere desire, however, that it may be healed. It is my desire, and in this I presume I concur with you, and with our constituents, to preserve peace and friendship with all nations, and believing that neither the honor nor the interest of the United States absolutely forbid the repetition of advances for securing these desirable objects with France, I shall institute å fresh attempt at negotiation, and shall not fail to promote and accelerate an accommodation, on terms compatible with the rights, duties, interests, and honor of the nation. If we have committed errors, and these can be demonstrated, we shall be willing to correct them. If we have done injuries, we shall be willing, on conviction, to redress them; and equal measures of justice we have a right to expect from France and every other nation. |