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FRIDAY, January 30.

SENATE.

Ordered, That they be recommitted to the original committee, further to consider and report

thereon.

Mr. GREENE presented the petition of Nathaniel Waldron, and others, ship owners and merchants of Bristol, in the district of Rhode Island, praying that the ports of Bristol, Warren, and Barrington, and the waters around them, may be erected into an independent district; and the petition was read, and ordered to lie on the table.

Mr. TRACY presented the petition of Joseph The bill regulating the grants of land for the Nourse, Register of the Treasury of the United refugees from the British provinces of Canada and States, praying allowance of a commission as Nova Scotia, was read the second time, and refer-agent for defraying the incidental and contingent red to Messrs. BROWN, MARSHALL, and PAINE, to expenses of the Treasury Department; which was consider and report thereon.

The bill to allow the transportation of goods to and from Philadelphia, and Baltimore, by the way of Appoquinimink and Sassafras, was read the second time, and referred to Messrs. BINGHAM, WELLS, and HOWARD, to consider and report thereon.

The bill to discharge Samuel Lewis, senior, from his imprisonment, was read the second time, and referred to Messrs. GREENE, TRACY, and BALDWIN, to consider and report thereon.

Mr. BINGHAM, from the committee on the bill and amendment thereto, for erecting a mausoleum for GEORGE WASHINGTON, reported a further amendment; which was read.

Mr. ANDERSON presented the petition of Daniel Brent, and the other clerks in the Departments of State, Treasury, War, and Navy; also, of the clerks in the office of the Postmaster General; stating the inadequacy of their compensations, respectively, to their necessary expenses, and praying an additional allowance; and the petition was read, and referred to Messrs. ANDERSON, HILLHOUSE, and GREENE, to consider and report thereon. The Senate took into consideration the amendments reported by the committee, to whom was recommitted the bill concerning the District of Columbia, and, after debate, the further consideration thereof was postponed.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

read.

TUESDAY, February 3.

The Senate took into consideration the petition of Joseph Nourse, Register of the Treasury, presented yesterday; and,

Ordered, That it be referred to Messrs. TRAcy, Ross, and PAINE, to consider and report thereon.

A message from the House of Representatives informed the Senate that the House have passed a bill to incorporate a mine and metal company; and a bill making the ports of Biddeford and Pepperelborough, and New Bedford, in Massachusetts, ports of entry for ships arriving from the Cape of Good Hope, and places beyond the same; in which they desire the concurrence of the Senate.

WEDNESDAY, February 4.

The two bills yesterday sent up from the House of Representatives. for concurrence, were read, and severally passed to the second reading.

Mr. CHIPMAN, from the committee to whom was recommitted the bill concerning the District of Columbia, reported further amendments, which were read, agreed to, and the bill passed to the third reading as amended.

The Senate took into consideration the amendment reported by the committee, on the bill for erecting a mausoleum for GEORGE WASHINGTON; which was agreed to.

I transmit to Congress, for their consideration, a let- And on the final passage of the bill as amended, ter from William Thornton, Alexander White, and the question was determined in the affirmative William Cranch, Esquires, Commissioners of the city-yeas 20, nays 9, as follows: of Washington, with a representation of the affairs of the city, made by them to the President of the United States, dated the 28th of January, 1801, accompanied with a series of documents marked from A to H, inclusively.

JOHN ADAMS.

YEAS-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Dayton, T. Foster, Dwight Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Livermore, Marshall, S. T. Mason, Nicholas, Paine, and Schureman.

UNITED STATES, Jan. 30, 1801. NAYS-Messrs. Bingham, Cocke, Gunn, Hindman, The Message and papers therein referred to Latimer, J. Mason, Morris, Read, and Ross. were read, and ordered to lie on the table.

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So it was, Resolved, That this bill pass with amendments.

The Senate resumed the second reading of the bill for the more convenient organization of the Courts of the United States; and, after progress, the further consideration thereof was postponed, and the Senate adjourned.

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THURSDAY, February 5.

The bill making the ports of Biddeford and Pepperelborough. and New Bedford, in Massachusetts, ports of entry for ships arriving from the Cape of Good Hope, and places beyond the same, was read the second time and referred to Messrs. DWIGHT FOSTER, LANGDON, and J. MASON, to consider and report thereon.

Ordered, That the petition of Nathaniel Waldron and others, ship owners and merchants of Bristol, in the district of Rhode Island, be also referred to the same committee, who are empowered to report by bill or otherwise.

The bill to incorporate a mine and metal company was read the second time, and referred to Messrs. TRACY, Ross, and MORRIS, to consider and report thereo.

The bill concerning the District of Columbia was read the third time.

Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act concerning the District of Columbia."

The Senate resumed the second reading of the bill providing for the more convenient organization of the Courts of the United States.

On motion to strike out of section 41, line 5th, the following words:

"Except the Judges of the sixth circuit, who shall be allowed the sum of fifteen hundred dollars each, to be paid in like manner; and that the salaries of the district Judges of Kentucky and Tennessee shall be, and hereby are, severally augmented to the like sum of fifteen hundred dollars annually, to be paid in like

manner."

It passed in the negative-yeas 12, nays 17, as follows:

YEAS-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, Dwight Foster, Franklin, Hillhouse, Langdon, Marshall, and Nicholas.

NAYS-Messrs. Bingham, Chipman, Dayton, Greene, Gunn, Hindman, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

FRIDAY, February 6.

A message from the House of Representatives informed the Senate that the House have passed a bill giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes; and a bill to add to the district of Massac, on the Ohio, and amend the act to regulate the collection of duties on imports and tonnage; in which they desire the concurrence of the Senate.

The bills were read, and severally passed to the second reading.

The Senate resumed the second reading of the bill providing for the more convenient organiza

tion of the Courts of the United States.

On motion to strike out of the 7th section, line 48th, the following words: "twenty-fifth day of March and twenty-fifth day of September," for the purpose of inserting "twenty-fifth day of April and twenty-fifth day of October:" it passed in the negative-yeas 14, nays 16, as follows:

FEBRUARY, 1801.

YEAS Messrs. Anderson, Baldwin, Bloodworth.

Brown, Cocke, T. Foster, Dwight Foster, Franklin. Greene, Hillhouse, Langdon, Livermore, S. T. Mason.

and Nicholas.

Hindman, Howard, Latimer, Marshall, J. Mason, MorNAYS-Messrs. Bingham, Chipman, Dayton, Gunn. ris, Paine, Read, Ross, Schureman, and Wells.

On motion to amend the 41st section, and to

strike out the provision for the compensation to the circuit Judges "$2,000," and to insert" $1.500" it was agreed to divide the question, and that it negative-yeas 13, nays 16, as follows: be taken on striking out; and which passed in the

YEAS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, D. Foster, Franklin, Hillhouse, Langdon, Livermore, S. T. Mason, and Nicholas.

NAYS-Messrs. Bingham, Chipman, Dayton, Greene, Gunn, Hindman, Howard, Latimer, Marshall, J. Mason, Morris, Paine, Read, Ross, Tracy and Wells.

On motion to strike out the whole of the bill

after the words "from and after the," section first, line second, for the purpose of inserting as follows:

"Passing of this act, there shall be four circuits in the United States; the first to consist of the district of Maine, the district of New Hampshire, the district of Massachusetts, and the district of Rhode Island; the second to consist of the district of Connecticut, the district of Vermont, the district of New York, and the district of New Jersey; the third to consist of the district of Maryland, and the district of Virginia; the trict of Pennsylvania, the district of Delaware, the disfourth of the district of North Carolina, the district of South Carolina, and the district of Georgia.

"The Supreme Court of the United States shall consist of the Chief Justice and seven Associate Justices, any six of whom shall constitute a quorum.

"That the Chief Justice and Associate Justices shall allot themselves among the said circuits as they shall think fit, so that there be not more than two allotted to any one circuit, and shall enter such allotment on record, to be hereafter binding; and, in case no such allotment shall be made by themselves, it shall and may be lawful for the President of the United States to make an allotment, as to him shall seem proper, so that no more than two be allotted to any one circuit, and that in all appointments hereafter to be made of a Chief Justice, or Associate Justice, it shall be said to which circuit they shall belong, and such appointments shall be made so as to allot to each circuit two Justices.

"That it shall not be necessary for more than one of the Justices allotted to any circuit to attend the sitting of the courts within such circuit unless the Supreme Court for special cause shall direct the same; or unless in the preceding term the court shall have been divided on the final hearing of a cause, or on a plea to the jurisdiction, in either of which cases it shall be the duty of both the Justices allotted to a circuit to attend, on notice of such division being given to the Justice who was not present.

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preme Court of the United States, the said court shall That, from and after the present session of the Sube holden by the Justices thereof, or any six of them, at the city of Washington, on the first Monday of December in each and every year thereafter; and that if six of the said Justices shall not attend within ten days after the time hereby appointed for the commencement of the said session, the business of the said court shall be continued over till the next stated session thereof.

FEBRUARY, 1801.

Proceedings.

SENATE.

“That it shall be the duty of the Chief Justice, or On motion, the amendment agreed to in the one of the Associate Justices, (to be allotted for that second reading of the bill was struck out; and, purpose at the preceding session of the Supreme Court,) on the final passage of the bill, the question was to attend at the city of Washington, on the day determined in the affirmative-yeas 16, nays 11, of-, who shall have power to make all necessary as follows: orders, touching any suit, action, appeal, writ of error, process, pleadings, or proceedings, returned to the said court, or depending therein, preparatory to the hearing, trial, or decision, of such action, suit, appeal, writ of error, process, pleadings, or proceedings."

And, on the question to agree to this motion, it passed in the negative-yeas 13, nays 17, as follows:

YEAS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, D. Foster, Franklin, Hillhouse, Langdon, Livermore, S. T. Mason, and Nicholas. NAYS-Messrs. Bingham, Chipman, Dayton, Greene, Gunn, Hindman, Howard, Latimer, Marshall, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

On the question to agree to the third reading of the bill as amended, it passed in the affirmativeyeas 18, nays 12, as follows:

YEAS-Messrs. Bingham, Chipman, Dayton, Greene, Gunn, Hindman, Howard, Latimer, Livermore, Marshall, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

NAYS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, D. Foster, Franklin, Hillhouse, Langdon, S. T. Mason, and Nicholas.

The bill first brought up this day for concurrence was again read by unanimous consent, and referred to Messrs. BROWN, Ross, and PAINE, to consider and report thereon.

The other bill brought up this day for concurrence was again read by unanimous consent, and referred to Messrs. BROWN, ANDERSON, and MARSHALL, to consider and report thereon.

The VICE PRESIDENT laid before the Senate a letter from the Treasurer of the United States, with his general account ending the 30th of September, 1800; and the letter was read.

YEAS-Messrs. Bingham, Chipman, Dayton, Greene, Gunn, Hindman, Howard, Latimer, Marshall, J. Mason, Morris, Read, Ross, Schureman, Tracy, and Wells. NAYS-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Hillhouse, Langdon, S. T. Mason, and Nicholas.

So it was resolved that this bill pass.

Mr. BROWN, from the committee on the bill making appropriations of land for the refugees from the British provinces of Canada and Nova Scotia, reported an amendment; which was read, and ordered to lie for consideration. The Senate adjourned.

MONDAY, February 9.

Mr. DWIGHT FOSTER, from the committee on the bill making the ports of Biddeford and Pepperelborough, and New Bedford, in Massachusetts, ports of entry for ships arriving from the Cape of Good Hope, and places beyond the same, reported the bill without amendment.

Mr. MORRIS, from the joint committee, appointed the 27th of January last, to ascertain and report the mode of examining the votes for President and Vice President of the United States, reported that the committee could come to no agree

ment.

A motion was made that it be

"Resolved, That, from and after the last day of March next, the towns of Kittery and Berwick, in the State of Massachusetts, shall be annexed to the district of Portsmouth, in New Hampshire, as ports of delivery only; provided that nothing herein contained shall be construed to prevent the master or commander of any ship or vessel having merchandise on board, destined for either of the said places, from making entry at his opThe VICE PRESIDENT also laid before the Sen- tion with the collector of the district of New York, and ate a letter from Samuel Dexter, Secretary for the obtaining permits for the delivery thereof as heretofore." Department of the Treasury, with a statement of goods, wares, and merchandise, exported from the United States during one year from the 1st of October, 1800.

The letter was read; and, after the consideration of Executive business,

The Senate adjourned.

SATURDAY, February 7.

The bill entitled "An act to provide for the more convenient organization of the Courts of the United States," was read the third time.

On motion, to amend the seventh section of the bill, line 50, by striking out "Bairdstown," and inserting "Frankfort," in lieu thereof, it passed in the negative-yeas 9, nays 14, as follows:

YEAS-Messrs. Anderson, Baldwin, Brown, Cocke, D. Foster, Franklin, Langdon, Marshall, and Nicholas. NAYS-Messrs. Bingham, Chipman, Dayton, Greene, Hindman, Howard, Latimer, J. Mason, Morris, Read, Ross, Schureman, Tracy, and Wells.

And it was agreed that this motion be referred to the committee, appointed on the 5th instant, on the bill respecting the ports of Biddeford and Pepperelborough, to report by bill or otherwise. On motion, it was

Resolved. That the Senate will be ready to receive the House of Representatives in the Senate Chamber on Wednesday next, at twelve o'clock, for the purpose of being present at the opening and counting the votes for President of the United States. That one person be appointed a teller on the part of the Senate, to make a list of the votes for President of the United States, as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice has been made, agreeably to the Constitution, such entry on the Journals shall be deemed a sufficient declaration thereof.

Ordered, That the Secretary notify the House of Representatives of this resolution.

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On motion that when the two Houses shall proceed to opening and counting the votes for President of the United States, no person shall be admitted into the gallery, it passed in the affirmative-yeas 16, nays 10, as follows:

YEAS-Messrs. Brown, Chipman, Dayton, T. Foster, Dwight Foster, Hillhouse, Hindman, Latimer, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

NAYS-Messrs. Anderson, Baldwin, Bloodworth, Cocke, Franklin, Langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

A message was received from the House of Representatives informing the Senate that they have passed a resolution, which the Clerk was directed to bring to the Senate.

The resolution was read, as follows: "Resolved, That this House will attend in the Chamber of the Senate on Wednesday next, at 12 o'clock, for the purpose of being present at the opening and counting of the votes for President and Vice President of the United States; that Messrs. RUTLEDGE and NICHOLAS be appointed tellers, to act jointly with the teller appointed on the part of the Senate, to make a list of the votes for President and Vice President of the United States, as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice has been made, agreeably to the Constitution, such entry on the Journals shall be deemed a sufficient declaration thereof."

Ordered, That Mr. WELLS be a teller on the part of the Senate for the purpose expressed in the above resolution.

The Senate resumed the consideration of the report of the committee on the bill making the ports of Biddeford, and Pepperelborough. and New Bedford, in the State of Massachusetts, ports of entry, for ships arriving from the Cape of Good Hope, and places beyond the same; and, having agreed to the report, the bill was ordered to the third reading.

The Senate took into consideration the amendment reported by the committee on the bill making appropriation of lands for the refugees from the British provinces of Canada and Nova Scotia and the report was disagreed to. Ordered, That the bill pass to the third reading.

WEDNESDAY, February 11. Ordered, That the Secretary notify the House of Representatives that the Senate is ready to meet them in the Senate Chamber, for the purpose of being present at the opening and counting the votes for President of the United States.

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Whereupon, the VICE PRESIDENT declared that the result of the votes, as delivered by the tellers, was that

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THOMAS JEFFERSON, of Va., had
AARON BURR, of N. Y., had
JOHN ADAMS, of Mass., had
CHAS. C. PINCKNEY, of S. C., had
JOHN JAY, of N. Y., had -

The whole number of Electors who had voted were one hundred and thirty-eight, of which number THOMAS JEFFERSON and AARON BURR had a majority; but the number of those voting for them being equal, no choice was made by the people; and that, consequently, the remaining duties devolve on the House of Representatives.

On which, the House of Representatives repaired to their own Chamber; and the Senate adjourned.

THURSDAY, February 12.

The bill, entitled "An act making the ports of Biddeford and Pepperelborough, and the port of New Bedford, in Massachusetts, ports of entry for ships or vessels arriving from the Cape of Good Hope, and from places beyond the same,” was read the third time and passed.

The bill, entitled "An act regulating the grants of land appropriated for the refugees from the BritThe two Houses of Congress accordingly as-ish provinces of Canada and Nova Scotia," was sembled in the Senate Chamber, and the certifi- read the third time and passed. cates of the Electors of sixteen States were, by the VICE PRESIDENT, opened and delivered to the tellers appointed for the purpose, who, having examined and ascertained the number of votes, presented a list thereof to the VICE PRESIDENT, which was read, as follows:

FRIDAY, February 13.

The Senate met to-day, but no business was transacted.

FEBRUARY, 1801.

MONDAY, February 16.

Proceedings.

The VICE PRESIDENT communicated a letter from Governor Sargent, of the Mississippi Territory, enclosing sundry petitions of the inhabitants thereof, stating certain grievances, particularly from an act passed the last session of Congress. and praying redress; and the letter and papers were read,

Mr. D. FOSTER, from the committee appointed the 5th instant on the petition of Nathaniel Waldron and others, and to whom was also referred, on the 9th instant, a motion respecting the ports of Kittery and Berwick, in the State of Massachusetts, reported a bill, which was read and passed to the second reading.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

Gentlemen of the Senate, and

Gentlemen of the House of Representatives :

SENATE.

Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth."

Ordered, That the Message of the President of the United States, of the 16th instant, relative to the public property in his possession, be referred to Messrs. NICHOLAS, TRACY, and BALDWIN, to consider and report thereon, by bill or otherwise. A message from the House of Representatives informed the Senate that the House have chosen THOMAS JEFFERSON, of Virginia, President of the United States, for the term commencing on the 4th

of March next.

On motion it was

Resolved, That a committee be appointed, to join such committee as may be appointed on the part of the House of Representatives, to consider whether any, and, if any, what, measures ought to be I wish to know the pleasure of Congress, and request adopted for the further accommodation of the Presitheir direction, concerning the disposition of the pro- dent of the United States, for the term commenperty of the United States now in my possession; whe-cing the 4th day of March next, to report by bill, ther I shall deliver it into the hands of the Heads of bills, or otherwise; and that Messrs. NICHOLAS, Departments, or of the Commissioners of the city of TRACY, and BALDWIN, be the committee on the part Washington, or of a committee of Congress, or to any of the Senate. other persons Congress may appoint, to be delivered into the hands of my successor, or whether I shall pre-informed the Senate that the House have passed A message from the House of Representatives sent it myself to the President of the United States on the 4th of March next. Any of these modes will be agreeable to me.

JOHN ADAMS.

UNITED STATES, Feb. 16, 1801. The Message was read and ordered to lie on the table.

The VICE PRESIDENT Communicated a letter from JAMES SCHUREMAN, a Senator from the State of New Jersey, resigning his seat; which was read.

Resolved, That the VICE PRESIDENT be requested to notify the Executive of the State of New Jersey that JAMES SCHUREMAN hath resigned his seat in the Senate.

TUESDAY, February 17.

The bill to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth, was read the second time, amended, and passed to the third reading as amended.

Mr. GREENE, from the committee on the bill to discharge Samuel Lewis, senior, from his imprisonment, reported it without amendment; and, after debate, the further consideration thereof was postponed.

WEDNESDAY, February 18.

The Senate resumed the consideration of the report of the committee on the bill to discharge Samuel Lewis, senior, from his imprisonment, and ordered the bill to the third reading.

The bill to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth, was read the third time.

ADAMS, now President of the United States, in a bill extending the privilege of franking to JOHN which they desire the concurrence of the Senate. The bill was, by unanimous consent, read the first and second time, and passed to a third reading.

On motion, it was

Resolved, That the President of the United States be requested to cause to be transmitted to AARON BURR, Esq. of New York, Vice President elect of the United States, notification of his election to that office, and that the President of the Senate do make out and sign a certificate, in the words following, viz:

"BE IT KNOWN, That the Senate and House of Representatives of the United States of America, being convened at the city of Washington, on the second Wednesday in February, A. D. 1801, the underwritten, Vice President of the United States and President of the Senate, did, in presence of said Senate and House of Representatives, open all the certificates and count all the votes of the Electors for a President; whereupon it appeared that THOMAS JEFERSON, of Virginia and AARON BURR, of New York, had a majority of the votes of the Electors, and an equal number of votes; in consequence of which the House of Representatives proceeded to the Senate that THOMAS JEFFERSON has by them been duly choice of a President, and have this day notified to the chosen President: by all of which it appears that AARON BURR, Esq. of New York, is duly elected, agreeably to the Constitution, Vice President of the United States of America.

In witness thereof I have hereunto set my hand and seal, this 18th day of February, 1801.

"THOMAS JEFFERSON." And that the President of the Senate do cause the certificate aforesaid to be laid before the President of the United States, with this resolution.

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