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ordered, that two lots, No. 2, and a blank, be by the Secretary rolled up and put in the ballot box; and it was understood that the Senator who should draw the lot No. 2, should be inserted in the class of Senators whose terms of service respectively expire in four years from and after the third day of March, 1803; in order to equalize the classes.

Accordingly, Mr. WORTHINGTON drew lot No. 2, and Mr. JOHN SMITH drew the blank.

It was then agreed that two lots, Nos. 1 and 3, should be by the Secretary rolled up and put into the ballot-box, and one of these be drawn by Mr. JOHN SMITH, the Senator from the State of Ohio not classed; and it was understood that, if he should draw lot No. 1, he should be inserted in the class of Senators whose terms of service will respectively expire in two years from and after the third day of March, 1803; but, if he should draw lot No. 3, it was understood that he should be inserted in the class of Senators whose terms respectively expire in six years from and after the third day of March, 1803. Mr. JOHN SMITH drew lot No. 3, and is classed accordingly.

The bill, entitled "An act fixing the salaries of certain officers therein mentioned," was read the third time; and, on motion to strike out the words agreed to yesterday, to wit:

"Which said several compensations were established by the act passed the third of March, 1799, and to:" It passed in the negative-yeas 11, nays 16, as follows:

YEAS-Messrs. Anderson, Butler, Dayton, Ellery, Hillhouse, Maclay, Olcott, Pickering, Plumer, White, and Worthington.

NAYS-Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Franklin, Jackson, Potter, Israel Smith, John Smith, Samuel Smith, and Wright.

And the additional section agreed to yesterday, was amended and adopted, as follows:

And be it further enacted, That, when the annual compensation of any officer of the United States, or of either House of Congress, is fixed by law, there shall not be granted or allowed, out of any contingent fund, to such officer, any other or greater compensation than is or shall be fixed by law.

On the question to agree to the final passage of the bill as amended, it was determined in the affirmative yeas 22, nays 5, as follows:

YEAS-Messrs. Adams, Anderson, Armstrong, Bailey, Baldwin, Bradley, Breckenridge, Brown, Butler, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, Worthington, and Wright.

NAYS-Messrs. Hillhouse, Maclay, Olcott, Plumer, and White.

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

Mr. BUTLER reported, from the committee to whom was referred, on the 1st instant, the petition of James Simons, that the prayer of the petition ought not to be granted.

Mr. SAMUEL SMITH, pursuant to notice given on the 13th instant, had leave to bring in a bill to

SENATE.

declare the law in the case of saltpetre imported into the United States, and thereby to revive the act making provision for the payment of the debts of the United States, as far as the same respects saltpetre; and the bill was read, and ordered to a second reading.

Mr. COCKE. agreeably to leave given on the 25th of November last, brought in a bill to make further appropriations for the purpose of extinguishing Indian claims in the States of Tennessee and Kentucky; and the bill was read, and ordered to the second reading.

FRIDAY, December 16.

The bill to declare the law in the case of saltpetre imported into the United States, and thereby to revive the act making further provision for the payment of the debts of the United States, as far as the same respects saltpetre, was read the second time, and referred to Messrs. S. SMITH, TRACY, and BROWN, to consider and report thereon to the Senate.

The bill to make further appropriations for the purpose of extinguishing the Indian claims in the States of Tennessee and Kentucky, was read the second time, and referred to Messrs. BRADLEY, COCKE, and BROWN, to consider and report thereon to the Senate.

The Senate took into consideration the motion made yesterday, that a committee be appointed to inquire whether any, and, if any, what, amendments ought to be made in the act, entitled "An act to prevent the importation of certain persons into certain States, by the laws whereof their admission is prohibited," and that the committee have leave to report by bill or otherwise; and the motion was adopted; and

Ordered, That Messrs. FRANKLIN, VENABLE, and I. SMITH, be this committee.

The Senate resumed the consideration of the resolution of the House of Representatives, of the 28th of October last, for an amendment to the Constitution, in the mode of electing the President and Vice President of the United States; and

Resolved, That the further consideration thereof be postponed until the first Monday in September next.

On motion that a committee be appointed to take into consideration the expediency of establishing an uniform law on the subject of bankruptcies throughout the United States," it was agreed that this motion should lie for consideration.

A motion was made " that no person shall be admitted on the floor of the Senate Chamber except members of the House of Representatives, foreign Ministers, and the Heads of Departments, unless introduced by a member of the Senate."

Ordered, That this motion lie for considera

tion.

MONDAY, December 19.

Mr. WORTHINGTON from the committee to whom were referred, on the 27th of October last,

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the memorial of Martha Seamans and others, and on the 12th instant, the petition of Eleazer Olney made report; which was read, and ordered to lie for consideration.

Mr. S. SMITH, from the committee to whom the subject was referred on the 12th instant, reported a bill in addition to the act, entitled "An act for the punishment of certain crimes against the United States;" which was read, and ordered to the second reading.

The Senate took into consideration the motion made on the 16th instant, that no person be admitted on the floor of the Senate Chamber except members of the House of Representatives, foreign Ministers, and the Heads of Departments, unless introduced by a member of the Senate.

On motion, it was agreed to strike out the words, "unless introduced by a member of the Senate ;" and on motion, it was agreed to subjoin, after the word "Departments," "and Judges of the Supreme and District Courts of the United States."

On motion to insert after the word "States," "and the ladies," it passed in the negative-yeas 12. nays 16, as follows:

YEAS-Messrs. Anderson, Breckenridge, Brown, Dayton, Jackson, Maclay, Potter, I. Smith, S. Smith, Tracy, White, and Wright.

NAYS-Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Cocke, Condit, Ellery, Franklin, Hillhouse, Olcott, Pickering, Plumer, J. Smith, Venable, and Worthington.

On motion to insert after the word "States," "the Governors and Counsellors of the respective States, and the Representatives of the State Legislatures," it passed in the negative—yeas 13, nays 15, as follows:

DECEMBER, 1803.

French Republic, and for other purposes;" in which they desire the concurrence of the Senate. The bill brought up for concurrence was read, and ordered to the second reading.

TUESDAY, December 20.

The bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes," was read the second time, and referred to Messrs. S. SMITH, BRECKENRIDGE, ANDERSON, ARMSTRONG, and DAYTON, to consider and report thereon to the Senate.

The bill, in addition to the act, entitled "An act for the punishment of certain crimes against the United States," was read the second time.

The VICE PRESIDENT laid before the Senate a report, prepared in obedience to a resolution of the Senate of the 18th ultimo, accompanied with a statement of the direct tax; and the report was read.

Ordered, That it lie for consideration, and that 500 copies thereof be printed.

The Senate took into consideration the report of the committee made yesterday upon the petition of Martha Seamans and others, and Eleazer Olney; and

Ordered, That it be recommitted to the committee who made the report, further to consider and report thereon to the Senate.

WEDNESDAY, December 21.

A message from the House of Representatives YEAS-Messrs. Adams, Anderson, Bailey, Brecken-informed the Senate that the House disagree to ridge, Dayton, Maclay, Potter, I. Smith, S. Smith, all the amendments of the Senate to the bill, enTracy, Venable, Worthington, and Wright. titled "An act fixing the salaries of certain officers therein mentioned," except to the last, to which they agree.

NAYS-Messrs. Armstrong, Baldwin, Bradley, Brown, Cocke, Condit, Ellery, Franklin, Hillhouse, Jackson, Olcott, Pickering, Plumer, J. Smith, and White.

On motion to agree to the resolution amended as follows:

Resolved, That no person be admitted on the floor of the Senate Chamber, except members of the House of Representatives, foreign Ministers, and Heads of Departments, and Judges of the Supreme and District Courts of the United States:

THURSDAY, December 22.

The Senate took into consideration the disaamendments to the bill, entitled "An act fixing greement of the House of Representatives to their the salaries of certain officers therein mentioned;"

and

Resolved, That they insist thereon, and ask a conference on the disagreeing votes of the two It was determined in the negative-yeas 7, nays Houses; and that Messrs. BRADLEY and JACKSON 21, as follows: be the managers at the conference on the part of

YEAS-Messrs. Adams, Bailey, Condit, Dayton, the Senate. Franklin, Jackson, and Wright.

NAYS-Messrs. Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Brown, Cocke, Ellery, Hillhouse, Maclay, Olcott, Pickering, Plumer, Potter, I. Smith, S. Smith, Tracy, Venable, White, and Worthington.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the

The Senate resumed the second reading of the bill, in addition to the act, entitled "An act for the punishment of certain crimes againt the United States," and

Ordered, That it be recommitted to the original committee, further to consider and report thereon to the Senate; and that Messrs. BRECKENRIDGE and ADAMS be added thereto.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to incorporate the Directors of the Columbian Library Company," and a bill,

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entitled "An act for the relief of Paul Coulon ;" in which bills they desire the concurrence of the Senate.

The bills were read, and ordered to the second reading.

TUESDAY, December 27.

SENATE.

The Senate assembled, and on motion, adjourned.

WEDNESDAY, December 28.

Ordered, That Mr. MACLAY be added to the Mr. JACKSON, from the committee to whom was committee to whom was referred, on the 14th in-referred, on the 4th of November last, the inquiry stant, the bill, entitled "An act for the relief of the into the expediency of extending the carriage of officers of Government and other citizens who the mails of the United States in stage or covered have suffered in their property by the insurgents, wagons, reported a letter to, and answer from, the in the western counties of Pennsylvania." Postmaster General on that subject; which was On motion, the Senate adjourned. read.

FRIDAY, December 23.

The bill, entitled "An act for the relief of Paul Coulon," was read the second time, and referred to Messrs. TRACY, S. SMITH, and FRANKLIN, to consider and report thereon to the Senate.

Ordered, That three hundred copies thereof be printed for the use of the Senate.

A message from the House of Representatives informed the Senate that the House insist on their disagreement to the amendments of the Senate to the bill, entitled "An act fixing the salaries of certain officers therein mentioned," and agree to the Di-proposed conference on the subject-matter of the disagreeing votes of the two Houses, and have appointed managers on their part.

The bill, entitled "An act to incorporate the rectors of the Columbian Library Company," was read the second time, and referred to Messrs. BRADLEY, BROWN, and S. SMITH, to consider and report thereon to the Senate.

On motion, that it be

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the Senate and Speaker of the House of Representatives be, and they are hereby, authorized to adjourn the respective Houses of Congress from this day until Monday, the 2d day of January, 1804;

It passed in the negative-yeas 9, nays 11, as follows:

YEAS-Messrs. Ellery, Hillhouse, Olcott, Pickering, J. Smith, S. Smith, Tracy, Worthington, and Wright. NAYS-Messrs. Adams, Bailey, Baldwin, Bradley, Breckenridge, Brown, Condit, Franklin, Plumer, Potter, and Venable.

Mr. BRECKENRIDGE presented the petition of the judges of the Indiana Territory, stating that great additional duties have devolved upon them since the establishment of their respective salaries, and praying an increase of compensation; and the petition was read.

Ordered, That it be referred to Messrs. BRECKENRIDGE, BALDWIN, and BROWN, to consider and report thereon to the Senate.

Mr. S. SMITH, from the committee to whom was referred, on the 20th instant, the bill, entitled "An act giving effect to the laws of the United States, within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes," reported amendments; which were read, and ordered to lie for consideration.

On motion, it was agreed that when the Senate do adjourn they adjourn to Tuesday next.

The VICE PRESIDENT laid before the Senate the general account of the Treasurer of the United States, from October 1st, 1802, to October 1st, 1803; as also his accounts for the War and Navy Departments for the same period; which were read, and ordered to lie for consideration.

On motion, the Senate adjourned.

Mr. FRANKLIN, from the committee to whom was referred, on the 7th of November last, the memorial of Robert Quillin, reported:

"That the petitioner is a pensioner on Government, with an allowance of thirty-three and a third dollars

per annum, as set forth in his memorial.

ed, and a suitable allowance made at the time of his "That his ratio of disability was properly ascertainadmission on the pension list of the United States.

"That the committee are of opinion it would be improper to make further provision for any particular cases, and therefore recommend that the petition be rejected."

And the report was adopted.

Ordered, That the petitioner have leave to withdraw his petition and papers.

the bill, entitled "An act giving effect to the laws The amendments reported by the committee to of the United States within the territory ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes," was postponed until to-morrow.

THURSDAY, December 29.

Mr. WORTHINGTON presented the petition of John Boggs, sen., and others, residents and purchasers of lands in the State of Ohio, praying for certain alterations in the existing laws of the United States respecting the sale of the public lands; and the petition was read.

Ordered, That it be referred to Mr. TRACY and others, the committee appointed on the 1st day of November last, to whom was referred the petition of John Crouse and others, to consider and report thereon to the Senate.

Mr. BRADLEY, from the managers appointed to confer on the amendments insisted on by the Senate to the bill, entitled "An act fixing the salaries of certain officers therein mentioned," reported, that having conferred with the managers ap pointed on the part of the House of Representatives, they could come to no agreement.

SENATE.

Proceedings.

JANUARY, 1804.

ings, at present, ought to be had by the Senate respecting the impeachment of John Pickering, made report; which was read.

On motion, that the Senate adhere to their amendments, disagreed to by the House of Representatives, to the bill last mentioned, it passed in the affirmative-yeas 17, nays 7, as follows: The bill, entitled "An act for the relief of John YEAS-Messrs. Adams, Anderson, Armstrong, Bald-Coles," was read the second time, and referred to win, Bradley, Brown, Condit, Ellery, Franklin, Jack-Messrs. TRACY, SAMUEL SMITH, and ELLERY, to son, Maclay, Pickering, Potter, Israel Smith, John consider and report thereon to the Senate. Smith, Worthington, and Wright. NAYS-Messrs. Breckenridge, Cocke, Hillhouse, Olcott, Plumer, Tracy, and Venable.

The Senate took into consideration the amendments reported by the committee to the bill, entitled "An act giving effect to the laws of the United States within the territory ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes ;" and, after progress, the Senate adjourned.

FRIDAY, December 30.

Mr. BRECKENRIDGE, from the committee appointed, on the 5th instant, for that purpose, reported a bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and the bill was read, and ordered to the second reading.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of John Coles;" in which they desire the concurrence of the Senate. They adhere to their disagreement to the amendments of the Senate to the bill, entitled "An act fixing the salaries of certain officers therein mentioned."

The bill brought up for concurrence was read, and ordered to the second reading.

Mr. WORTHINGTON, from the committee to whom was referred, on the 14th instant, the bill, entitled "An act for the relief of the officers of Government, and other citizens, who suffered in their property by the insurgents in the western counties of Pennsylvania," reported the bill with amendments; which were read, and ordered to lie for consideration.

The Senate resumed the consideration of the amendments reported by the committee to the bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes;" and, after progress,

Ördered, That the consideration thereof be further postponed.

On motion, the Senate adjourned.

MONDAY, January 2, 1804.

The Senate assembled; and, on motion, adjourned.

TUESDAY, January 3.

Mr. TRACY, from the committee to whom was referred, on the 14th of November last, the motion to inquire if any, and what, further proceed

Mr. FRANKLIN notified the Senate, that he should to-morrow ask leave to bring in a bill declaring the assent of Congress to an act of the General Assembly of the State of North Carolina, passed on the 22d day of December, 1803, entitled "An act to authorize the State of Tennessee to perfect titles to lands reserved to this State by the cession act."

The bill erecting Louisiana into two Territories, and providing for the temporary government thereof, was read the second time.

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

Representatives of the United States:

I now lay before Congress the annual account of the fund established for defraying the contingent charges of Government. No occasion having arisen for making use of any part of it in the present year, the balance, of eighteen thousand five hundred and sixty dollars, unexpended at the end of the last year, remains now in the Treasury. DEC. 31, 1803.

TH. JEFFERSON. The Message and account therein referred to were read, and ordered to lie on file.

The Senate resumed the consideration of the amendments reported by the committee to the bill, entitled "An act giving effect to the laws of the United States within the territories ceded to the United States by the treaty of the 30th of April, 1803, between the United States and the French Republic, and for other purposes ;" and, after progress,

Ordered, That the consideration thereof be further postponed.

A message from the House of Representatives informed the Senate that the House have appeachment against John Pickering, judge of the pointed managers on their part to conduct the imdistrict court of the United States for the district of New Hampshire, and have also directed the said managers to carry to the Senate the articles agreed upon by the House of Representatives to be exhibited against the said John Pickering.

On motion, the Senate took into consideration the report of the committee, made this day, on what further proceedings at present ought to be had by the Senate respecting the impeachment of John Pickering; and, on motion, it was agreed that the report be postponed.

On motion, it was

Resolved, That, at 12 o'clock to-morrow, the Senate will resolve itself into a Court of Impeachments, at which time the following oath or affirmation shall be administered by the Secretary to the President of the Senate, and, by him, to each member of the Senate, viz: "I solemnly swear (or affirm, as the case may be,) that, in all things appertaining to the trial of the impeachment of John Pickering, judge of the dis

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trict court of the district of New Hampshire, I will do impartial justice, according to law;" which Court of Impeachments, being thus formed, will, at the time aforesaid, receive the managers appointed by the House Representatives to exhibit articles of impeachment, in the name of themselves and of all the people of the United States, against John Pickering, judge of the district court for the district of New Hampshire, pursuant to notice given to the Senate this day by the House of Representatives, that they had appointed managers for the purposes aforesaid.

Ordered, That the Secretary lay this resolutiion before the House of Representatives.

SENATE.

General Assembly of the State of North Carolina; and the bill was read.

Ordered, That it pass to the second reading, and that it be printed, together with the act to which it refers, for the use of the Senate.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the support of the Military Establishment of the United States in the year 1804," in which they

desire the concurrence of the Senate.

The bill was read, and ordered to the second reading.

Ordered, That a committee be appointed to Mr. ISRAEL SMITH presented the memorial of search the Journals and report precedents in cases the Washington Building Company, signed Danof impeachments; and that Messrs. TRACY, BRAD-iel C. Brent, and others, their committee, praying LEY, BALDWIN, WRIGHT, and COCKE, to whom it was referred on the 14th of November last, to consider and report, if any, what further proceedings ought to be had by the Senate, respecting the impeachment of John Pickering, be this committee.

WEDNESDAY, January 4.

Mr. TRACY, from the committee appointed yesterday, to examine precedents, and prepare forms necessary in the trial of John Pickering, impeached by the House of Representatives of high crimes and misdemeanors, reported, in part, that it be,

Resolved, That, after the managers of the impeachment shall be introduced to the bar of the Senate, and shall have signified that they are ready to exhibit articles of impeachment against John Pickering, the President of the Senate shall direct the Sergeant-at-Arms to make proclamation; who shall, after making proclamation, repeat the following words: "All persons are commanded to keep silence, on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States, sitting as a Court of Impeachments, articles of impeachment against John Pickering, judge of the district court for the district of New Hampshire."

After which the articles shall be exhibited; and then the President of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives.

And the report was adopted.

On motion, by Mr. ADAMS, that it be Resolved, That any Senator of the United States, having previously acted and voted as a member of the House of Representatives, on a question of impeachment, is thereby disqualified to sit and act, in the same case, as a member of the Senate, sitting as a Court of Impeachment:

It was agreed, that this motion should lie for consideration.

Agreeably to the resolution of yesterday, the Senate formed itself into a Court of Impeachments, and proceeded therein as is stated at large in the records of the Court. [See end of Senate Debates, post.]

Agreeably to notice given yesterday, Mr. FRANKLIN asked and obtained leave to bring in a bill declaring the assent of Congress to an act of the Sth CON.-8

Legislative sanction and an act of incorporation; and the petition was read, and referred to Messrs. ISRAEL SMITH, SAMUEL SMITH, and ARMSTRONG, to consider and report thereon to the Senate.

THURSDAY, January 5.

After proceeding as the High Court of ImCourt being adjourned, peachments, as is stated in the record, and the

Mr. ADAMS presented the petition of Constant and at the commencement of the Revolutionary Freeman, a native of the State of Massachusetts, war a resident in Canada, stating that, from early attachment to the cause of his country, he was obliged to leave that province, and having been long employed in public service, he prays to be entitled to the provisions of the acts passed the 7th of April, 1798, and the 18th of February, 1801, for the relief of the Nova Scotia and Canadian refugees; and the petition was read.

Ordered, That it be referred to the committee appointed on the 27th of October last, on the petition of Martha Seamans and others, to consider and report thereon to the Senate.

The bill, entitled "An act making appropriations for the support of the Military Establishment of the United States in the year 1804," was read the second time, and referred to Messrs. BRADLEY, DAYTON, and JACKSON, to consider and report thereon to the Senate.

The bill declaring the assent of Congress to an act of the General Assembly of the State of North Carolina was read the second time, and referred to Messrs. FRANKLIN, BALDWIN, COCKE, VENABLE, and ANDERSON, to consider and report thereon to the Senate.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the support of the Navy of the United States during the year 1804," in which they desire the concurrence of the Senate.

The bill was read, and ordered to the second reading.

The Senate resumed the consideration of the amendments reported to the bill, entitled "An act giving effect to the laws of the United States, within the territories ceded to the United States, by the treaty of the 30th of April, 1803, between

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