Roger Griswold, William Barry Grove, Robert Good- H. of R. accompanied by the members of the House, shall return to their Chamber. "2d. Seats shall be provided in this House for the President and members of the Senate; and notification of the same shall be made to the Senate. "3d. The House, on their return from the Senate Chamber, it being ascertained that the Constitutional number of States were present, shall immediately proceed to choose one of the persons from whom the choice is to be made for President; and in case upon the first ballot there shall not appear to be a majority of the States in favor of one of them, in such case the House shall continue to ballot for a President, without interuption by other business, until it shall appear that a A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fifth rule contained in the said report, in the words follow-President is duly chosen. ing, to wit: "4th. After commencing the balloting for President, the House shall not adjourn until a choice be made. "5th. The doors of the House shall be closed during the balloting, except against the officers of the House. "6th. In balloting, the following mode shall be observed, to wit: The representatives of the respective States shall be so seated that the delegation of each State, shall, in the first instance, ballot among themState shall be together. The representatives of each selves, in order to ascertain the votes of the State; and it shall be allowed, where deemed necessary by the delegation, to name one or more persons of the representation, to be tellers of the ballots. After the vote of each State is ascertained, duplicates thereof shall be made; and in case the vote of the State be for one person, then the name of that person shall be written on each of the duplicates; and in case the ballots of the State be equal YEAS-Willis Alston, Theodorus Bailey, Phanuel Bishop, Robert Brown, Samuel J. Cabell, Gabriel Christie, Matthew Clay, William Charles Cole Claiborne, John Condit, Thomas T. Davis, John Dawson, George Dent, Joseph Eggleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Edwin Gray, Andrew Gregg, John A. Hanna, Joseph Heister, David Holmes, George Jackson, Michael Leib, Matthew Lyon, Edward Livingston, Nathaniel Macon, Peter Muhlenberg, Anthony New, John Nicholas, John Randolph, John Smi-ly divided, then the word "divided" shall be written on lie, John Smith, Samuel Smith, Richard Dobbs Spaight, Richard Stanford, David Stone, John Stewart, Benjamin Taliaferro, John Thompson, Abram Trigg, John Trigg, Littleton W. Tazewell, Philip Van Cortlandt, Joseph B. Varnum, and Robert Williams. each duplicate, and the said duplicates shall be deposited in manner hereafter prescribed, in boxes to be provided. That, for the conveniently taking the ballots of the several representatives of the respective States, there be sixteen ballot boxes provided; and that there be, adNAYS-George Baer, Bailey Bartlett, James A. Bay-ditionally, two boxes provided for the purpose of receivard, John Bird, John Brown, Christopher G. Champlin, William Cooper, William Craik, John Davenport, Franklin Davenport, John Dennis, Joseph Dickson, William Edmond, Thomas Evans, Abiel Foster, Jonathan Freeman, Henry Glen, Samuel Goode, Chauncey Goodrich, Elizur Goodrich, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Archibald Henderson, William H. Hill, Benjamin Huger, James H. Imlay, Henry Lee, Silas Lee, Levi Lincoln, James Lynn, Ebenezer Mattoon, Lewis R. Morris, Abraham Nott, Harrison G. Otis, Robert Page, Josiah Parker, Thomas Pinckney, Jonas Platt, Levin Powell, John Reed, Nathan Read, John Rutledge, William Shepard, John C. Smith, James Sheafe, Samuel Tenney, George Thatcher, John Chew Thomas, Richard Thomas, Peleg Wadsworth, Robert Waln, Lemuel Williams, and Henry Woods. ing the votes of the States; that after the delegation of Resolved, That this House doth agree with the The said tellers shall be divided into two equal sets, acCommittee of the whole House in their agree-themselves; and one of the said sets of tellers shall procording to such agreement as shall be made among ment to the said report, as amended, in the words ceed to count the votes in one of the said boxes, and following, to wit: the other set the votes in the other box; and in the event of no appointment of teller by any delegation, the Speaker shall in such case appoint. When the votes of the States are counted by the respective sets of tellers, the result shall be reported to the House; and if the reports agree, the same shall be accepted as the true votes of the States; but if the reports disagree, the States shall immediately proceed to a new ballot, in manner aforesaid. "That the following rules be observed in the choice by the House of Representatives of a President of the United States, whose term is to commence on the fourth day of March next. "Ist. In the event of its appearing, upon the counting and ascertaining of the votes given for President and Vice President, according to the mode prescribed by the Constitution, that no person has a Constitutional majority, and the same shall have been duly declared "7th. If either of the persons voted for, shall have a and entered on the Journals of this House, the Speaker, | majority of the votes of all the States, the Speaker shall It was not a very common course, he said, to stop a law on its first reading, but if ever there was a state of things which demanded it, this was it. All the American commercial men engaged in its support when it first passed; it passed from the extreme necessity of the case, and in assenting to it all our commercial men sustained a vast Mr. S. SMITH, Chairman of the Committee of Commerce and Manufactures, reported, according to order, "A bill to continue in force an act fur-sacrifice-a sacrifice which only the occasion ther to suspend the commercial intercourse between the United States and France and the dependencies thereof. could justify. But now the state of things is altogether changed; the necessity and the danger have entirely ceased: a convention of amity has been formed with that nation. What answers, then, this ill-advised spirit of acrimony? Where is the necessity now of the measure? What answer can they give to the planters in Virginia. whose produce must remain on their hands, when they ought to have a market, and a good price for it? What, he would ask those gentlemen. had been acquired by this two years' suspension of the intercourse with France? At that time, said Mr. L., we submitted, when they so pressingly supported the bill, but it is out of their power longer to make us, or to make the country be Mr. S. SMITH hoped it would be rejected. Con-lieve, that there is necessity for the measure, so formable to his duty as chairman of the committee he had reported the bill, but had by no means assented to that measure. He saw no use whatever in it; he saw much evil in it, and in every step which was advanced towards re-establishing it. He observed with pleasure a proclamation issued by the Government of Guadaloupe to deliver up captured property conformable to the fourth and seventeenth articles of the mutual convention; that proclamation also completely arrested all future captures by their privateers. In the present posture of affairs, what possible reason could be adduced in favor of this bill? In the committee he said he was alone in his aversion to this law; he wished to postpone it for some time at least. He hoped gentlemen would consider their strength, and, if they were not able to carry the bill through, would suffer its immediate destruction, otherwise the inevitable effect of loss must rest on the tobacco planter. The existing act is limited to continue in force till the 3d of March next, the bill now reported, re-enacts it to continue till the 3d day of March, 1802. It was once read, and on the question whether it should be read a second time, Mr. DAVIS hoped it would not have a second reading. Every step which was taken with a law so obnoxious, must not only wound our recent accommodation with France, but also our merchants and planters engaged in trade with that nation, and afford means of speculation. He moved that the bill be rejected. Mr. LIVINGSTON presumed, as this bill had been reported, there were some gentlemen in favor of it, and he supposed if any were in favor of it, they could give the reasons of their conduct. He most sincerely wished to hear them, for really he could conceive none. He declared himself to be astonished at finding the House engaged in the re-enaction of this law when he entered it this morning: he was astonished because the very face of the law carried its own destiny. It declared that whenever the President should be convinced that commerce could be safely renewed with France, he should have power to renew it. wounding to our own country. Nothing can prevent us receiving with pleasure the accommodation now proposed, or make us again open the wounds of our separation. Nothing remains re specting that convention but an acquiescence in the part of France to an article which was inserted at the instance of our negotiators, and consequently its expulsion will be received with pleasure by the nation. Will, then, not one solitary advocate for this bill arise, and give his reasons why the prohibition should be renewed? It really appears to me a measure of the most extraordinary nature: it is bordering on insanity. No man dares vindicate it! No man advocates what he assisted in promoting! If it is to be car ried into effect, I hope it will not be carried into effect with a sullen silence, tending to insult the understanding of the nation. Mr. RUTLEDGE did not know that the reasons would be very agreeable to the gentleman who had ascribed them to "insanity," but he might be assured there were reasons for the measure, and such as its advocates would not be ashamed to acknowledge. Not being a member of the Committee of Commerce he could not give their rea sons, but though the gentleman thought there was not one solitary reason to be advanced he would give his reasons. He wished to let France know that the productions of our country were useful to her, and that we would rather let them rot in our own country, than expose such weakness to her as to make her believe we must at all events bring them to market. Sir, said Mr. R., we are about to open a new negotiation with France, and yet before sending our Envoys we will be so extremely weak as to send our produce to her, and thus expose our extreme cupidity and desire at all events to get money. The object of France in negotiating with our country is to trade with us, but by this measure we shall give them our trade without the conclusion of negotiation! What injury can it be? Has not the President power to renew the trade whenever in his opinion circumstances will warrant it? What then can gentleman have to fear, when the gentleman to fill that office is of their own choosing? Do they not suppose that the gentleman whom they have made President will suspend the law as soon as it is unnecessary? They tell us that France has called in her cruisers. How is this known? by newspaper testimony! Our property is liberated, they say. How are we to know this? It is not the fact; no merchant will rise and tell us so. I acknowledge, sir, that many of our vessels have been released; but why was it? By large and valuable douceurs! This the Chairman of the Committee of Commerce well knows, and every merchant is acquainted with it. Sir, we have lately seen a ship belonging to a member of this House released; but why was it done? It was because the American Consul actually paid a large sum as a douceur. It is known that the New Jersey was not obtained till near $200,000 was paid down, and yet we are told that our ships are liberated! Sir, we have taken our ground; we have determined upon defence and sacrifice, to preserve our national honor; and, except the most unequivocal proofs are given of the removal of the causes, we will not depart from those measures which have proved so salutary. The gentleman supposed that the treaty is concluded, because the project of the article he says came from our Envoys. How does he know this? How does he know that the French Government do not regard this article? If France should not be disposed to adopt this treaty so modified; if she should wish to carry on her old practices, we wish to tell her that we are not afraid of her, nor have we been willing to hearken to the uncertain accents which merely sounded peace in our ears. These, Mr. R. said, were his reasons for wishing not to be too hasty in renewing the intercourse, and in these he believed his friend would coincide. Mr. EGGLESTON said he had often heard this kind of argument from the gentleman who had just sat down. He appeared to be very fond of indulging his visionary ideas at other people's expense, and with very great levity to talk upon a subject which was of the most important nature to the country he (Mr. EGGLESTON) represented, [Virginia.] He wished to remind the House that a very important part of the community had suffered exceedingly under this law for two years past, not only the growers of tobacco, but the merchants. He trusted no greater impositions would be put upon that particular part of the community. The gentleman knew very well that rice, the staple commodity of his country, (South H. OF R. Carolina,) was in great demand everywhere, and would bring a good price; but it was not so with tobacco, an article principally consumed in that country with which we had been prohibited to trade. He hoped no other gentleman would be of the same principles, and that his constituents would have the same chance for their produce, (tobacco,) as was enjoyed by other parts of the Union for their produce. Mr. RUTLEDGE said the gentleman was mistaken; he represents a tobacco country as a country which produces rice; but I will tell him that rice brings twice as much in France as in England, and, therefore, on the score of benefit, I am individually interested. But, to views of pecuniary advantage, I prefer the great question of national policy. I am disposed to yield all for my country's benefits; I believe the gentleman's principles are the same, but I think he is mistaken in his efforts to procure the good of the whole. Mr. DENNIS moved a postponement till Monday. Mr. S. SMITH moved to postpone till the third of March. He wished to show the American people that the law was not to be re-enacted, and not to keep them in suspense for even a day. Some indistinct idea having dropped from Mr. RUTLEDGE that Mr. S. knew of no douceurs having been taken for the delivery up of vessels which had been captured, which he was unwilling to own-Mr. S. said he knew of no vessel whatever which had been bought out since the convention was sent from France. Whatever had occurred before that period was not to the purpose. He was proceeding to state some cases, when Mr. HARPER asked whether it would be in order to answer. The SPEAKER observed that it would not, because the gentleman was not in order-the question being on postponement. Mr. NICHOLAS hoped it would not be postponed, because, although the time mentioned should be the third of March, the price of tobacco would be exceedingly depressed by it. Mr. SMITH withdrew his motion, and Mr. FowLER renewed it. Mr. RANDOLPH Spoke against both motions; he wished to settle the public mind; for, he observed, ever since the negotiation had been in agitation, the price of tobacco had fluctuated like the stocks. The uncertainty of the fate of this law would produce a species of gaming (speculation) which must be very injurious to the honest dealers. He hoped both merchants and planters would immediately know what was the certain fate of the bill, and that this nefarious gambling system would be cut short, and an instant decision be had upon a question so interesting to a respectable portion of the people. The motion to postpone to the third of March was again withdrawn. A motion was made to postpone the further discussion of the bill till Monday. Mr. H. LEE said, if the circumstances were as they were last year, he should contend for the continuance of this act, but our relations with that country were changed. He asked, what would the world say if, while the President and Senate of the United States had actually agreed to a convention of amity and commerce with France, the Legislature should pass this act to continue our non-intercourse? It certainly would look like an act of the most degrading duplicity. He hoped the bill would be rejected. Mr. MACON.-If the House postpone this bill till Monday, it cannot fail of having an evil effect | upon the trade in the article of tobacco, for the persons concerned are now making arrangements to sell and to ship it: the only object of this bill is to make the thing as uncertain as before. So fluctuating is the price of the article upon the event of the day, that when our Ministers came from France with the treaty, tobacco rose 50 per cent. upon the prospect of a peace with that country. If the majority of the House should think fit to continue the law, the sooner the merchants know it the better, as it would bring the trade to a more settled state, and enable them to make their arrangments conformably thereto. FEBRUARY, 1801. time thought that without food from us, their West India colonies could not subsist, or have means to carry on their aggressions upon our commerce. The experiment was made, but was it found to answer the effect? Did she not attack our commerce with equal violence? Tobac co is allowed to be the principal article exported from us to France, except our flour to the West Indies, without which she has subsisted, and carried on her warfare. What is the article of tobacco? It is an article we shall ever be willing to get rid of, rather than prohibit our merchants from selling. How, then, can we coerce France by it? Are we to remain in this situation till their treaty returns to this country? They tell us, to be sure, that the President has it in his pow er to put an end to the force of this bill, but from the common course of things, it is certain that the President never will put an end to the bill. till the treaty is completed. And who are injured by it? Not France, for gentlemen confess that they can procure this article without our aid. It must be ourselves. Mr. J. C. THOMAS said he seconded the motion to postpone, because it was a subject of very con- But, say gentlemen, France will open her ports; siderable importance, upon which he had not she will receive our produce, and then she will sufficiently turned his attention. As to the fear | add these additional millions to what she has beof speculation, a rejection of the bill, in his opin-fore seized from us, and disregard our treaty. If ion, afforded the most ample means to carry on that scheme. If the postponement should take place, how could any man say what would be the event of the bill? The moment it was known that the bill was lost, speculations would fly in every quarter. But why should the House legislate under any impressions of the kind? They were called to decide upon a great and important political question, and should they withhold going in the right path, whatever it might be, through fear of speculation? He hoped not. For this cause he advocated the motion. there was any foundation on which to hang such a suspicion, Mr. L. said he would not merely vote for the suspension for one year, but forever. But where was the foundation for such distrust? He could see none, and believed there was none. The gentleman from Massachusetts presented this dilemma: either the House must believe the treaty would not go into operation, or it was a very uncertain event. Now, between these two. Mr. L. thought there might be a mean supposed. that is, that it was a probable event that it would be carried into execution; this was the middle Mr. LIVINGSTON Said when he first rose he ex-way he chose to take as a foundation. He thought pressed his desire that some reason for the intro- the possibility bordering upon certainty: he thought duction of the bill should be given. Two rea- the probability so great as to justify any measures sons were assigned to show that we must con- being founded thereupon. But, gentlemen say. tinue our attitude towards France: one was, that we must take nothing upon probability, because, we must preserve the dignity of our character; as soon as it is certain, the President can act conthe other, that we must keep the old means until formable to circumstances, which he must be the conclusion of the negotiation. This dignity most acquainted with. Upon this point, Mr. L. of character he would be as unwilling to sacrifice was perfectly satisfied; he did believe France to as any gentleman in the House, but he did not be sincere, and he further believed that condition conceive it to consist in the high-sounding words with which we had ratified the treaty, would be used by some gentlemen. What, he asked, was no hindrance to its final passage. He was well dignity of character? Does it consist in impov-satisfied that the second article, which was erased, erishing ourselves? This, to be sure, must be a was inserted at the instance and even the desire very dignified effect. Some gentlemen might sit of our Commissioners. Believing this, he could with their hands to their sides, and brave all the not conceive they would make excuses to evade world, not thinking of the situation of those who its ratification. This brought him to another realose three-fourths of the result of their labor. All son for objection which was urged. Could any that these gentlemen boastingly sacrifice is felt in gentleman believe France would act so perfidianother quarter; what is dignity of attitude to ously as to desire and promote this treaty, on purthem, is distress to other parts of the Union. pose to induce us to send our produce to that counFrom the most accurate accounts, then, this dig-try, which she would seize? Did he suppose that nity of character is nothing. What effect will it nation so base, he would never agree to open the have on our negotiation, now again renewed? communication at all, without other assurances. To examine this it will be necessary to inquire If gentlemen thought this, they ought not to rest what does France want, or what did she want at here; their duty requires them to put a perpetthe time this bill first passed. Gentlemen at that ual end to commercial intercourse with a nation whose faith was so bad. But it was no such thing-he believed there was good faith in that nation, and that we had received as good assurances of it as could be expected. He hoped a majority of the House believed so, and that no delay would take place in promoting an accommodation in which ourselves would be gainers. He believed the interests of the country called upon the House for immediate action, and therefore hoped that an end would be put to any doubt on the subject. Mr. WALN thought gentlemen were mistaken in supposing that the non-intercourse with that nation was only felt by the Southern States; he believed it was as severely felt by every commercial town in the Union, whether southward of the Delaware or eastward. Every gentleman knew that the spirit of adventure in the Eastern States, would excite them to carry their commerce as extensively as possible, and that, though not the growers of that species of produce, they were the carriers of it, and were interested in its increasing exportation. But for his part he wished not to be so confined in his ideas to the interest of this or of that State, but to the United States. He did believe that the result of the measures now taking to produce accommodation, was yet uncertain. As a ground of argument, the article of tobacco had been mentioned, and its rise and fall called forth to prove the fluctuating state of political appearances. But for his part he believed that changeableness arose from the amounts of the crops. He would appeal to gentlemen who were, from their local knowledge, acquainted with the price of that article, whether in times of plentiful crops, it was not as low as at the present moment. And, upon this, whether the last crop of tobacco was not very great? He believed it was so, and if so, why should that be considered as proper data for a national concern of such moment? He believed that this, as well as many other prohibited articles, found its way to France, and that this small increase in the price but very little lessened its consumption. He would appeal to the understandings of gentlemen, whether there could be a more inauspicious moment to open the communication than at present? It was the desire of the Committee to wait a few days to know the result of the treaty before the Senate: if that had been signed unconstitutionally, the law would not have been reported, but as it was not, the possibility of evil alone was a sufficient warrant for the continuance of the law for such time as circumstances might continue the same. He could not believe the policy of the country would warrant the immediate opening of intercourse, and, therefore, should vote for the bill. H. OF R. nation could not fail to produce general advantages, he should now, upon the idea of safety, vote that the suspension be taken off. The House were told that the same negotiation was pending, and therefore the measures ought to be the same. He thought very differently: last session there was only the appearance of a treaty; it was a question of uncertainty whether it would be concluded. But at present we know the precise state of things, and no gentleman in the House can doubt as to the acquiescence of France in the modification we have made. It is true that France may make this an excuse to refuse the treaty, and tha: they may possibly seize our produce sent there under the impressions of their good faith. But if such was her disposition, was it not to be supposed that she would have treated with us before now. on purpose to draw our commerce into her clutches for seizure? He thought the prospect was as favorable, and the moment as safe as ever it would be, and to leave it to the President was at least to suspend it till the final ratification. It was properly a legislative question, and as it originated in Congress, in the same branch it should expire, and not be confided to Executive pleasure. Anything confided to the Executive, is so upon the supposition of a change of circumstances during the recess of the Legislature. Why should the House leave to the President to do what it was not only alone competent to, but what every consideration of amity declared ought to be done without fail? It is impossible to say what circumstances may take place after the third of March, or how our relations with any nation may stand, but we must go upon present circumstances; we must only view the present state of things. Mr. S. SMITH replied to Mr. WALN, in his declaration that every commercial part of the Union felt as much as Virginia the want of this trade. It was not so; the tonnage of the United States was now fully employed; if they could not go to France direct, they could and they would go to England, and she received the benefit which the planters lost. He appealed to the gentleman's commercial knowledge, whether there ever was such an immensity of tonnage employed as at present, and whether ever freight was so high. There never was a time in which our shipping was more used. He further answered the gentleman in his assertion that the great crops made the difference of price. How could that be? The last crop was very great. From a comparison of the former period to the present, when the quantity of that crop must be felt, there was a difference of two dollars a hundred. It was now advanced from $3 50 to $5 50, or $6; which adMr. GALLATIN said, as he last session voted for vance he believed beyond a doubt arose from the this bill, it was proper for him to state the reasons appearances of accommodation with France. An why he now voted against it. The measure was argument advanced by an officer of the Governoriginally adopted as a defensive measure: cir- ment the other day, he believed to be very just: cumstances being little different last session, and That now she had called in her privateers and a treaty being on the tapis, he thought it would altered her system towards us, if we refused her be wrong policy then to change it; but now the our trade, she would not think we were honest in state of things was altogether changed. As he our professions of friendship. What course would conceived, a safe intercourse with every foreign | they take? Why, most probably send them out |