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SENATE.

Proceedings in Secret Session.

TUESDAY, February 4. The Senate proceeded to consider the report of the committee on the treaty made on behalf of the United States with the King of Prussia; and, after progress,

Ordered, That the further consideration thereof be postponed until Monday next.

MONDAY, February 10.

The Senate resumed the consideration of the report of the committee to whom was referred the treaty made on behalf of the United States with the King of Prussia; and, after debate, Ordered, That the further consideration thereof be postponed until to-morrow.

A motion was made, that it be

Resolved, That the President of the United States be requested to lay before the Senate the instructions given to our Minister at the Court of Berlin, respecting the negotiation of the late treaty with Prussia. And, after debate, the Senate adjourned.

WEDNESDAY, February 12.

The Senate resumed the consideration of the report of the committee on the treaty made on behalf of the United States with the King of Prussia, together with the motion made thereon, on the 10th instant; and, having amended the motion, it was adopted; and, on motion to agree to the motion, it passed in the affirmative-yeas 25, nays 7, as follows:

YEAS-Messrs. Anderson, Baldwin, Bingham, Bloodworth, 'Brown, Chipman, Cocke, Dexter, Franklin, Greene, Gunn, Langdon, Latimer, Livermore, Marshall, Mason, Nicholas, Paine, Pinckney, Read, Ross, Schureman, Tracy, Watson, and Wells.

NAYS-Messrs. Dayton, Foster, Goodhue, Hillhouse, Howard, Laurance, and Lloyd.

So it was Resolved, That the President of the United States be requested to lay before the Senate, the instructions given to our Minister at the Court of Berlin, with the correspondence respect ing the negotiation of the late treaty with Prussia.

FEBRUARY, 1800.

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The Senate resumed the consideration of the report of the committee on the treaty made on behalf of the United States with the King of Prussia;

And, on the question to adopt the same, it was determined in the affirmative-yeas 26, nays 6, as follows:

YEAS-Messrs. Anderson, Bingham, Bloodworth, Chipman, Cocke, Dayton, Dexter, Foster, Franklin, Goodhue, Greene, Gunn, Hillhouse, Howard, Latimer, Laurance, Livermore, Lloyd, Marshall, Paine, Read, Ross, Schureman, Tracy, Watson, and Wells.

NAYS-Messrs. Baldwin, Brown, Langdon, Mason, Nicholas, and Pinckney.

So it was Resolved, (two-thirds of the Senators concurring therein.) That the Senate do consent to, and advise the President of the United States to ratify the Treaty of Amity and Commerce between His Majesty, the King of Prussia, and the United States of America, concluded at Berlin, the eleventh day of July, one thousand seven hundred and ninety-nine.

Ordered, That the Secretary lay this resolution before the President of the United States.

PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE SECOND SESSION OF THE SIXTH CONGRESS, BEGUN AT THE CITY OF WASHINGTON, MONDAY, NOVEMBER 17, 1800.

MONDAY, November 17, 1800.

This being the day appointed by law for the commencement of the second session of the sixth Congress, the following members of the House of Representatives appeared, and took their seats in the House, to wit:

From New Hampshire-ABIEL FOSTER, and JONATHAN FREEMAN.

From Massachusetts-WILLIAM SHEPARD, JNO. REED, JOSEPH B. VARNUM, THEODORE SEDGWICK, (Speaker,) PELEG WADSWORTH, SILAS LEE, and LEMUEL WILLIAMS.

From Connecticut-JOHN DAVENPORT.

From New York-JOHN SMITH, PHILIP VAN CORTLANDT, JONAS PLATT, HENRY GLEN, JOHN THOMPSON, and THEODORUS BAILEY.

From Pennsylvania-MICHAEL LEIB, RICHARD THOMAS, JOSEPH HEISTER, ROBERT BROWN, PETER MUHLENBERG, HENRY WOODS, and JOHN

SMILIE.

From Maryland-GEORGE DENT, GEO. BAER, WILLIAM CRAIK, GABRIEL CHRISTIE, JOHN C. THOMAS, and JOSEPH H. NICHOLSON.

From Virginia-LEVEN POWELL, JOHN NICHOLAS, ROBERT PAGE, JOHN DAWSON, ANTHONY NEW, GEORGE JACKSON, and DAVID HOLMES.

From North Carolina-NATHANIEL MACON, RICHARD STANFORD, and WILLIS ALSTON. From South Carolina-THOMAS SUMTER, and BENJAMIN HUGER.

From Tennessee-WILLIAM C. C. CLAIBORNE. A new member, to wit: JOHN C. SMITH, returned to serve as a member of this House, from the State of Connecticut, in the room of Jonathan Brace, who has resigned his seat, appeared and produced his credentials.

The SPEAKER observed that it had heretofore been the invariable practice of the House to admit new members to take their seats previously to being sworn, though the Constitution directed directly the reverse. As there was a new member present. he suggested the propriety of administering the oath to him before he took his seat.

Mr. MACON thought such a step premature. He was of opinion that no inconvenience would arise from delaying to administer the oath until a House was formed, and he thought great caution should attend an innovation opposed to all precedent.

Mr. NICHOLAS asked. whether it had heretofore

been usual, in the case of a new House, to swear the members before the choice of a Speaker? The SPEAKER replied that it had not.

Mr. NICHOLAS said, that though, on first thought, he was favorable to administering the oath at the present time, yet this precedent inclined him to think such a step improper.

The SPEAKER waived the question.

The members present not being sufficient to form a quorum, the SPEAKER adjourned the body till to-morrow.

TUESDAY, November 18.

Several other members, to wit: from Connecticut, ELIZUR GOODRICH, WILLIAM EDMOND, and ROGER GRISWOLD; from New York, WILLIAM COOPER and LUCAS ELMENDORF; from New Jersey, JAMES H. IMLAY and FRANKLIN DAVENPORT; from Pensylvania, ROBERT WALN; from Maryland, SAMUEL SMITH; from Virginia, HENRY LEE, THOMAS EVANS, and JOHN TRIGG; from North Carolina, RICHARD DOBBS SPAIGHT, and JOSEPH DICKSON; and from Georgia, BENJAMIN TALIAFERRO: appeared and took their seats in the House.

whole number, being present, And a quorum, consisting of a majority of the

The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by the SPEAKER to JOHN C. SMITH, a new member, who appeared and took his seat in the House yesterday.

Ordered, That a message be sent to the Senate to inform them that a quorum of this House is assembled, and ready to proceed to business; and that the Clerk of this House do go with said message.

Ordered, That a Committee of Commerce and Manufactures be appointed, pursuant to the standing rules and orders of the House.

And a committee was appointed, consisting of Mr. SAMUEL SMITH, Mr. WALN, Mr. FRANKLIN DAVENPORT, Mr. HUGER, Mr. PARKER, Mr. ELIZUR GOODRICH, and Mr. SILAS LEE.

Ordered, That a Committee of Elections be appointed, pursuant to the standing rules and orders of the House.

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THURSDAY, November 20.

Two other members, to wit: from Virginia ABRAM TRIGG, and from Pennsylvania, ANDREW GREGG, appeared and took their seats in the House.

Ordered, That the Clerk of this House have leave to be absent from the service of the House for three weeks.

Resolved, That a Standing Committee of Ways and Means be appointed, whose duty it shall be to take into consideration all such reports of the Treasury Department, and all such propositions relative to the revenue, as may be referred to them by the House; to inquire into the state of public debt; of the revenue, and of the expenditures; and to report, from time, to time their opinion thereon. Ordered, That Mr. GRISWOLD, Mr. POWELL, Mr. BARTLETT, Mr. NICHOLAS, Mr. IMLAY, Mr. NICHOLSON, Mr. TALIAFERRO, Mr. WOOD, and Mr. SMILIE, be appointed a committee, pursuant to the said resolution.

Ordered, That a Committee of Revisal and Unfinished Business be appointed, pursuant to the standing rules and orders of the House;

And a committee was appointed, of Mr. PLATT, Mr. EVANS. and Mr. ALSTON.

Ordered, That a Committee of Claims be appointed, pursuant to the standing rules and orders of the House;

NOVEMBER, 1800.

that certain expenditures will be requisite, and further assistance necessary to be allowed, the better to enable him to fulfil the duties of his station; which was read, and ordered to be referred to Mr. NICHOLSON, Mr. POWELL, and Mr. COOPER.

A message from the Senate, informed the House that a quorum of the Senate is assembled, and ready to proceed to business, and that, in the absence of the VICE PRESIDENT, they have elected the Hon. JOHN HOWARD President of the Senate. pro tempore.

Resolved, That Mr. GRISWOLD, Mr. SAMUEL SMITH, and Mr. CRAIK, be a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them.

Ordered, That the Clerk of this House do acquaint the Senate therewith.

A message from the Senate informed the House that the Senate have appointed a committee jointly, with the committee appointed by this House. to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them.

Mr. A. FOSTER made a motion for the appointment of two Chaplains of different religious denominations, one to be appointed by each House. to interchange weekly; which was agreed to.

It was afterwards moved by Mr. THATCHER. and agreed to by the House, to strike out those parts of the motion which prescribed that the Chaplains should be of different denominations, and should interchange weekly.

Mr. GRISWOLD, from the joint committee appointed to wait on the President of the United States, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make to them, reported that the committee had performed that service, and that the President signified to them he would make a communication to both Houses to-morrow at twelve o'clock, in the Senate Chamber.

Mr. NICHOLSON, from the committee to whom was this day referred the letter of Thomas ClaxAnd a committee was appointed, of Mr. MACON,ton, Doorkeeper of the House, made a report; Mr. JOHN C. SMITH, Mr. MORRIS, Mr. JOHN CHEW THOMAS, Mr. GREGG, Mr. HOLMES, and Mr. BART

LETT.

And then the House adjourned until to-morrow morning, eleven o'clock.

FRIDAY, November 21.

Several other members, 10 wit: from Massachusetts, GEORGE THATCHER; from New Jersey, JOHN CONDIT, AARON KITCHELL, and JAMES LYNN; from Pennsylvania, JOHN A. HANNA; and from South Carolina, ROBERT GOODLOE HARPER; appeared and took their seats in the House.

The SPEAKER laid before the House a letter from Thomas Claxton, the Doorkeeper, stating

which was read and considered: Whereupon.

Resolved, That Thomas Claxton be, and he is hereby, authorized to employ one additional assistant, and two horses, for the purpose of performing such services as are usually required of the Doorkeeper to the House of Representatives; and that the sum of twenty-eight dollars be allowed him weekly, for that purpose, during the session, and for twenty days afterwards.

Resolved, That the said Thomas Claxton be. and he is hereby, authorized to cause to be erected a shelter for the purpose of protecting from the weather, the fire-wood that may be required by the two Houses of Congress; and that he be paid therefor out of the fund appropriated for the contingent expenses of the House.

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AMENDMENTS TO THE CONSTITUTION.

Mr. NICHOLAS observed that he had submitted, during the last session, certain propositions to amend the Constitution, as far as it related to the choice of Electors of President and Vice President, and to the election of members of the House of Representatives: but having found that they clashed with the opinions of many members, and not having then maturely considered them himself, he thought it best at that time to waive a conclusive consideration of them. Deeming the object of great importance, and considering the present a fit time to discuss it, he offered two amendments, which he wished to lie on the table for consideration-as follows:

Resolved, by the Senate and House of Representatives of the United States, two-thirds of both Houses concurring, That the following articles be proposed to the Legislatures of the United States, as amendments to the Constitution of the United States:

1. That, after the third day of March, in the year one thousand eight hundred and one, the choice of Electors of President and Vice President shall be made by dividing each State into a number of districts, equal to the number of Electors to be chosen in such State, and by the persons in each of those districts who shall have the qualifications requisite for Electors of the most numerous branch of the Legislature of such State, choosing one Elector, in the manner which the Legislature thereof shall prescribe.

2. That the election of Representatives to Congress, who are to serve after the third day of March, in the year one thousand eight hundred and three, shall be by dividing each State into a number of districts equal to the number of Representatives to which such State shall be entitled, and by the people within each of those districts who shall have the qualifications requisite for Electors of the most numerous branch of the Legislature of such State choosing one Representative, in the manner which the Legislature thereof shall prescribe.

Mr. HARPER was of opinion that the necessary propositions on this subject would require more detail than those just moved; he therefore moved their reference to a select committee.

Ordered, That the said motion be referred to Mr. NICHOLAS, Mr. HARPER, Mr. MACON, Mr. GRISWOLD, and Mr. EVANS.

SATURDAY, November 22.

Two other members, to wit: from North Carolina. ARCHIBALD HENDERSON; and from Virginia, EDWIN GRAY; appeared and took their seats in the House.

PRESIDENT'S SPEECH.

A message from the Senate, informed the House that the Senate are now ready, in the Senate Chamber, to attend this House in receiving the communication from the President of the United States, agreeably to his notification to both Houses yesterday.

Mr. SPEAKER, attended by the members of this House, then withdrew to the Senate Chamber, for the purpose stated in the Senate's message; and, being returned, Mr. SPEAKER laid before the House a copy of the Speech delivered by the

H. OF R.

PRESIDENT OF THE UNITED STATES to both Houses of Congress, in the Senate Chamber. [See Senate proceedings of this date, ante, page 723.] Ordered, That the said Speech be committed to a Committee of the whole House immediately. The House, accordingly, resolved itself into the said Committee; and, after some time spent therein, Mr. SPEAKER resumed the Chair, and Mr. HARPER reported that the Committee had had the said Speech under consideration, and come to a resolution thereupon; which was twice read, and agreed to by the House, as follows:

Resolved, That it is the opinion of this Committee that a respectful Address ought to be presented by the House of Representatives to the President of the United States, in answer to his Speech to both Houses of Congress, at the commencement of the present session, containing assurances that this House will duly attend to the important objects recommended by him to their consid

eration.

Ordered, That Mr. GRISWOLD. Mr. MACON, Mr. CRAIK, Mr. HENDERSON, and Mr. NICHOLAS, be appointed a committee to prepare an Address, pursuant to the said resolution.

Ordered, That the Speech of the President of the United States be committed to the Committee of the whole House on the state of the Union. And then the House adjourned.

MONDAY, November 24.

Several other members, to wit: from Massachusetts, HARRISON G. OTIS, and PHANUEL BISHOP; from Virginia, MATTHEW CLAY; and from North Carolina, DAVID STONE; appeared and took their seats in the House.

WILLIAM MCMILLAN, returned to serve as a Representative for the Territory of the United States Northwest of the Ohio, in the room of William Henry Harrison, who has resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House.

The SPEAKER laid before the House a letter from the Secretary of the Treasury; which was read, and is as follows:

TREASURY DEPARTMENT,

Washington, Nov. 22, 1800. SIR: I deem it proper, through you, to inform the House of Representatives, that I have obtained the permision of the President of the United States to resign the office of Secretary of the Treasury, at the close of the present year.

I indulge a hope that I may, without presumption, declare, that the different offices with which I have been entrusted since the establishment of this Department, have been executed according to my best skill and judgment, with a conscientious regard to the rights of the public and of individuals, and under an impressive sense with these professions, I now freely submit the whole of responsibility to the Government. In conformity of my conduct to any investigation which the House of Representatives may be pleased to institute.

I cannot omit this only opportunity which may ever be afforded, of expressing the sincere sentiments of gratitude which I now feel and shall ever cultivate, for the many proofs of confidence and indulgence which I have experienced in the course of my official communications

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Another member, to wit: JOHN WILKES KITTERA, from Pennsylvania. appeared, was qualified, and took his seat in the House.

NOVEMBER, 1800.

say so. He wished the letter to be referred at present to a select committee, and promised in the course of a few days to offer to the House such instructions as might guide them in the inquiry which they might deem advisable to make. He forbore to state what those instructions would be, He concluded with moving a reference to a select as he had not yet made up his mind on the subject.

committee.

Mr. NICHOLAS had no objection whatever to bestowing on a meritorious officer the approbation Secretary of the Treasury as of that character. of the House, and he was disposed to consider the But he was opposed to the precipitancy of the measure proposed. Even the gentleman, with whom it originated, had not digested in his own mind. the subject, nor had he proposed any specific mode of inquiry. He thought this ought to be done pre

A new member, to wit: NATHAN READ, return-viously to a reference. ed to serve as a member of this House from the State of Massachusetts, in the room of Samuel Sewall, who has resigned his seat, appeared, produced his credentials, and took his seat in the House.

Mr. GRISWOLD. from the committee appointed to prepare an Address in answer to the Speech

of the President of the United States to both Houses of Congress, made a report; which was read, and ordered to be committed to a Committee of the whole House to-morrow.

Mr. OTIS said, that before he stated the manner in which it would be advisable to make the inquiry, he wished to consult precedents, which he had not had time to do. In the mean time, he thought it best to refer the letter generally. The Secretary had a claim on the earliest attention of the House, in case any inquiry was deemed proper.

Mr. GRISWOLD hoped that an immediate reference would obtain. The committee, on examining the nature of the subject, may report the proper mode of procedure. If it be understood that, on the retirement of every Secretary of the Treasury from office, an inquiry is to be made into his offcial conduct, it will operate as a general stimulus to the faithful discharge of duty. As to the nature of the instructions to be given to the committee, it will be time enough to discuss them when

Op motion of Mr. NICHOLSON, Resolved, That provision ought to be made by law for extending the privilege of franking to the Delegate, for the time being, from the Territory of the United States Northwest of the Ohio, and for making the same compensation to him, for his attendance, that is allowed to the members of the House of Representatives of the United States. Mr. NICHOLAS would not ask the mover of the Ordered, That a bill or bills be brought in, pur-reference what mode he meant to pursue, because suant to the said resolution; and that Mr. NICH- he had informed the House that he did not know; OLSON, Mr. PARKER, and Mr. THATCHER, do pre-ken, what his views were, as on the line pursued but he would ask the gentleman, who had just spo

pare and bring in the same.

The SPEAKER laid before the House a congratulatory letter from sundry inhabitants of the District of Columbia, on the first assemblage of Congress at the permanent seat of Government; which was read, and ordered to be referred to Mr. JOHN CHEW THOMAS, Mr. EVANS, and Mr. CRAIK.

THE SECRETARY OF THE TREASURY. Mr. OTIS observed that a letter had been received from the Secretary of the Treasury announcing his intention to resign at the termination of the present year, on which the House had taken no order. Holding a high and responsible office, it appeared the wish of the Secretary, before he retired into private life, to court an examination into the manner in which he had discharged the duties by law assigned him. In his opinion, the highest reward, which a faithful discharge of duty could receive was the approbation of those whose province it was to superintend the management of the public treasure; and believing, as he did, that the Secretary of the Treasury had discharged his official duties with ability and integrity, he was persuaded, that on inquiry, the House would not hesitate to

offered.

depended altogether the propriety of the measure. Until the objects of inquiry were declared, and the mode of procedure designated, he was averse to ta king any steps; for on these essentially depended the eligibility of the measure. It was notorious that the duties of the Secretary of the Treasury were so extensive and complicated, that a general inquiry into them all would not be in the power of a large deliberative body. And unless the greatest care were taken, the proposed examination might result in a disregard of those points which required attention, and a notice of those which required no investigation at all. Thus, under the name of an inquiry, nothing but the form of an investigation would be effected.

Mr. H. LEE thought it would be an act of injus tice to the character of the Secretary, and an act of injustice to the country at large, to withhold an agreement to the proposition made by the gentle man from Massachusetts. It was known to the whole world that the most fictitious charges had resounded from one end of the Union to the other. Believing them to be groundless, in his opinion the honor of the country called for an investigation.

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