and Tracy.

4,

23.

-Messrs. Livermorc, Paine, Read,

Those who voted in the negative, are-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cockc, Dayton, T. Foster, D. Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Latimer, Marshall, 8. T. Mason, J. Mason, Morris, Nicholas, Schureman, and Wells.

And the article having been further amended, by unanimous consent, to read as follows:

The present convention shall be in full force for the term of eight years, to be computed from the time of the exchange of the ratifications. On the question, whether the Senate would advise and consent to the said additional article, as amended?

Nay,

26,

J.

It passed in the affirmative, Yeas, The yeas and nays being taken, Those who voted in the affirmative, arc-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Fostor, Franklin, Greenc, Hillhouse, Howard, Langdon, Latimer, Marshall, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Schureman, Tracy, and Wells.

Mr. Livermore voted in the negative.

Ordered, That Mr. Morris, Mr. Nicholas, and Mr. Dayton, be a committee to reduce the several votes on this treaty into the form of a ratification.

FRIDAY, JANUARY 16, 1801.

The Senate proceeded to consider the message of the President of the United States, of the 13th instant, and the nominations contained therein, of Marmaduke Wait, and others, to office. Whereupon,

Resolved, That they do advise and consent to the appointments, agreeably to the nominations respectively.

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

The Senate proceeded to consider the message of the President of the United States, of the 14th instant, and the nomination contained therein, of Lucius Horatio Stockton, to office.

On motion,

Ordered, That the further consideration thereof be postponed.

MONDAY, JANUARY 19, 1801.

Mr. Morris, from the committee appointed to reduce the several votes on the convention made on behalf of the United States with the Republic of France, into the form of a ratifications, made a report, which was read; and Ordered, That it lie for consideration.

TUESDAY, JANUARY 20, 1801.

The following written message was receivedɗrom the President of the United States, by Mr. Shaw, his Secretary:

Gentlemen of the Senate:

I nominate John Marshall, Secretary of State, to be a Chief Justice of the United States, in the place of John Jay, who has declined his appointment. JOHN ADAMS.

United States, January 20th, 1801.

The message was read.

Ordered, That it lie for consideration.

The Senate proceeded to consider the report of the committee appointed to reduce the several votes on the convention made on behalf of the United States with the Republic of France, into the form of a ratification.

On motion to amend the proviso, by inserting after the word "third," the words" and nineteenth:"

It was agreed that the further consideration of the convention, and report thereon, be postponed until to-morrow.

On motion,

Resolved, That the President of the United States be requested to communicate to the Senate such information, (if any such there be,) as may have been received respecting the convention with France, and may, in his opinion, proper to be so communicated.

be

Ordered, That the Secretary lay this resolution before the President of

the United States.

WEDNESDAY, January 21, 1801.

The following written message was received from the President of the United States by Mr. Shaw, his Secretary:

Gentlemen of the Senate:

In compliance with your request, signified in your resolution of the twentieth day of this month, I transmit you a report, made to me by the Socretary of State, on the same day, a letter of our late Envoys to him of the 4th of October last an extract of a letter from our Minister Plenipotentiary in London, to him, of the 22d of November last, and an extract of another letter from the Minister to the Secretary, of the 31st of October last.

The reasoning in the letter of our late Envoys to France is so fully sup ported by the writers on the law of nations, particularly by Vattell, as well as by his great masters, Grotius and Puffendorf, that nothing is left to be desir. ed to settle the point, that if there be a collision between two treatics, made with two different powers, the more ancient has the advantage; for no engagement contrary to it can be entered into in the treaty afterwards made; and if this last be found, in any case, incompatible with the more ancient one, its execution is considered as impossible, because the person promising had not the power of acting contrary to his antecedent engagement. Although our right is very clear to negotiate treaties according to our own ideas of right and justice, honor and good faith, yet it must always be a satisfaction to know that the judgment of other nations, with whom we have connexion, coincide with ours, and that we have no reason to apprehend that any disa greeable questions and discussions are likely to arise, The letters from Mr. King will, therefore, be read by the Senate, with particular satisfaction,

The Inconveniences to public officers, and the mischiefs to the public, arising from the publication of the despatches of Ministers abroad, are so numerous, and so obvious, that I request of the Senate, that these papers, especially the letters from Mr. King, be considered in close confidence.

UNITED STATES, January 21st, 1801

The message and papers were read.

Ordered, That they lic for consideration.

JOHN ADAMS.

The Senate resumed the consideration of the report of the committee appointed to reduce the several votes on the convention made on behalf of the United States with the Republic of France, into the form of a ratification, together with the motion made yesterday thereon, to wit: to amend the proviso, by inserting after the word "third," the words "and nineteenth." And, on the question to agree to the insertion of the words,

Yeas,
Nays,

22.

It was determined in the negative, The yeas and nays being taken, Those who voted in the affirmative, arc-Messrs. Bingham, Hillhouse, Read, Ross, Tracy, and Wells.

Those who voted in the negative, are-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Fos ter, Franklin, Greene, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paync, and Schureman.

On motion,

Ordered, That the further consideration of the convention, and the report of the committee thereon, be postponed until Friday next.

FRIDAY, JANUARY 23, 1801.

The Senate resumed the consideration of the report of the committee appointed to reduce the several votes on the convention made on behalf of the United States with the Republic of France, into the form of a ratification, which report is as follows: "Resolved, by the Senate of the United States, (two-thirds of the Senators present concurring therein,) That they do consent to and advise the ratification of the convention between the French Republic and the United States of America, made at Paris the eighth day of Vendemaire, of the ninth year of the French Republic, the thirtieth day of September, anno Domini eighteen hundred: Provided, the second and third articles be expunged, and that the following articles be added or inserted:

1st. It is understood that nothing in this convention shall be so construed as to operate contrary to any former and existing treaties between either of the parties and any other state or sovereign.

2d. It is agreed that the present convention shall be in force for the term of eight years from the time of the exchange of the ratifications."

Whereupon,

A motion was made to strike out the whole of the proviso; on which it was agreed to divide the question into four parts, viz:

1st. Whether so much as provides that the second article shall be expunged, shall stand?

2d. Whether so much as provides that the third article shall be expunged, shall stand?

3d. Whether that part shall stand which restrains it from operating against former treaties?

4th. Whether that part shall stand which provides a limitation of time to its duration?

And, on the question on the first division, to wit: Whether so much as provides that the second article shall be expunged, shall stand?

It passed in the negative, two-thirds of the Senators present not agreeing thereto: Yeas, 17; Nays, 13.

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Armstrong, Bingham, Chipman, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Those who voted in the negative, are-Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greene, Langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

And, on the question on the second division, to wit: Whether so much as provides that the third article shall be expunged, shall stand?

It passed in the negative, two-thirds of the Senators present not agreeing thereto: Yeas, 16; Nays, 17.

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Bingham, Chipman, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Those who voted in the negative, are-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greenc, Langdon, Livermore, Marshall, S. T. Mason, and Nicholas.

And, on the question on the third division, to wit: Whether that part shall stand which restrains it from operating against former treaties?

It passed in the negative, two-thirds of the Senators present not agreeing thereto: Yeas, 17; Nays, 13.

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Bingham, Chipman, Dayton, D. Foster, Greene, Hillhouse, Hindman, Howard, Latimer, J. Ma son, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Those who voted in the negative, are-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T Foster, Franklin, Langdon, Li vermore, Marshall, S. T. Mason, and Nicholas.

And, on the question on the fourth division, to wit: Whether that part shall stand which provides a limitation of time to its duration?

It was determined in the affirmative, {

The yeas and nays being taken,

Year,
Nays,

Those who voted in the affirmative, are-Messrs. Anderson, Armstrong, Bingham, Bloodworth, Chipman, Cocke, Dayton, D. Foster, Franklin, Greene, Hillhouse, Hindman, Howard, Langdon, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

Those who voted in the negative, are-Messrs. Baldwin, Brown, T. Foster, Marshall, S. T. Mason, and Nicholas.

And, on the question to agree to the report of the committce, as amended, It was determined in the negative, two-thirds of the Senators present not agreeing thereto: Yeas, 16; Nays, 14.

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, T. Foster, Franklin, Greene, Langdon, Livermore, Marshall, S. T. Mason, Nicholas, and Paine. Those who voted in the negative, are— -Messrs. Bingham, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, J. Mason, Morris, Read, Ross, Schureman, Tracy, and Wells.

MONDAY, JANUARY 26, 1801.

On motion, that it be

Resolved, That, whensoever a question on the ratification of a treaty, with modifications, shall have been negatived, a question may be proposed for a simple and unmodified ratification.

It was agreed that this motion should lie until to-morrow.

On motion, to correct the Executive Journal of the 23d instant, (to wit, the last question on which the yeas and nays were called,) to read as follows: "And, on the question, to agree to the resolution as amended:" And to add, after the yeas and nays, these words: "So this resolution was not agreed to; and, therefore, it was

"Resolved, That the Senate do not consent to, and advise the President of the United States to ratify said convention between the French Republic and the United States.

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

And it was agreed that this motion should lie until to-morrow.

TUESDAY, JANUARY 27, 1801.

The Senate proceeded to consider the message of the President of the United States, of the 20th instant, and the nomination contained therein, of John Marshall, to office. Whereupon,

Resolved, That they do advise and consent to the appointment, agreeably to the nomination.

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

The Senate took into consideration the motion made yesterday, for an additional rule in the conduct of the Executive business; and

It was agreed that this motion, the motion made yesterday for correcting the Executive Journal, of the 23d instant, together with the convention made with the French Republic, should be postponed to Monday next.

On motion, that it be

Resolved, That, when any question may have been decided by the Senate, in which two-thirds of the members present are necessary to carry the af firmative, any member who voted on that side which prevailed in the ques tion, may be at liberty to move for a reconsideration; and a motion for reconsideration shall be decided by a majority of votes.