DECEMBER, 1803.

Proceedings.

SENATE.

ordered, that two lots, No. 2, and a blank, be declare the law in the case of salıpetre imported by the Secretary rolled up and put in the ballot into the United States, and thereby to revive the box; and it was understood that the Senator who act making provision for the payment of the debts should draw the lot No. 2, should be inserted in the of the United States, as far as the same respects class of Senators whose terms of service respect- saltpetre; and the bill was read, and ordered to a ively expire in four years from and after the ihird second reading. day of March, 1803; in order to equalize the Mr. Cocke, agreeably to leave given on the classes.

25th of November last, brought in a bill to make Accordingly, Mr. WORTHINGTON drew lot No. further appropriations for the purpose of extin2, and Mr. John Smith drew the blank.

guishing Indian claims in the States of Tennessee It was then agreed that two lots, Nos. 1 and 3, and Kentucky; and the bill was read, and ordered should be by the Secretary rolled up and put into to the second reading. 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

Friday, December 16. should draw lot No. 1, he should be inserted in the

The bill to declare the law in the case of saltclass of Senators whose terms of service will re- petre imported into the United States, and therespectively expire in two years from and after the by to revive the act making further provision for third day of March, 1803; but, if he should draw the payment of the debts of the United States, as lot No. 3, it was understood that he should be in- far as the same respects saltpetre, was read the serted in the class of Senators whose terms second time, and referred to Messrs. S. Smith, respectively expire in six years from and after the Tracy, and Brown, to consider and report thereon third day of March, 1803. 'Mr. John Smith drew to the Senate. lot No. 3, and is classed accordingly.

The bill to make further appropriations for the The bill, entitled "An act fixing the salaries of purpose of extinguishing the Indian claims in certain officers therein mentioned," was read the the States of Tennessee and Kentucky, was read third time; and, on motion to strike out the words the second time, and referred to Messrs. Bradagreed to yesterday, to wit:

LEY, Cocke, and Brown, to consider and report

thereon to the Senate. “Which said several compensations were established by the act passed the third of March, 1799, and to:”

The Senate took into consideration the motion It passed in the negative-yeas 11, nays 16, as

made yesterday, that a committee be appointed to

inquire whether any, and, if any, what, amendfollows:

ments ought to be made in the act, entitled “An Yeas—Messrs. Anderson, Butler, Dayton, Ellery, act to prevent the importation of certain persons Hillhouse, Maclay, Olcott, Pickering, Plumer, White, into certain States, by the laws whereof their adand Worthington. Nays-Messrs. Adams, Armstrong, Bailey, Bald have leave to report by bill or otherwise; and the

mission is prohibited," and that the committee win, Bradley, Breckenridge, Brown, Cocke, Condit, motion was adopted; and Franklin, Jackson, Potter, Israel Smith, John Smith,

Ordered, That Messrs. FRANKLIN, VENABLE, Samuel Smith, and Wright.

and I. Smith, be this committee. And the additional section agreed to yesterday, The Senate resumed the consideration of the was amended and adopted, as follows:

resolution of the House of Representatives, of the And be it further enacted, That, when the annual 28th of October last, for an amendment to the compensation of any officer of the United States, or of Constitution, in the mode of electing the Presieither House of Congress, is fixed by law, there shall dent and Vice President of the United States; not be granted or allowed, out of any contingent fund, aod to such officer, any other or greater compensation than Resolved, That the further consideration thereof is or shall be fixed by law.

be postponed until the first Monday in September On the question to agree to the final passage of next. the bill as amended, it was determined in the af- On motion that a committee be appointed to firmative-yeas 22, nays 5, as follows:

take into consideration the expediency of estabYEAs-Messrs. Adams, Anderson, Armstrong, Bai- lishing an uniform law on the subject of bankley, Baldwin, Bradley, Breckenridge, Brown, Butler, ruptcies throughout the United States," it was Cocke, Condit, Dayton, Ellery, Franklin, Jackson, agreed that this motion should lie for considerPickering, Potter, Israel Smith, John Smith, Samuel ation. Smith, Worthington, and Wright.

A motion was made " that no person shall be adNays-Messrs. Hillhouse, Maclay, Olcott, Plumer, mitted on the floor of the Senate Chamber except and White.

members of the House of Representatives, foreign So it was Resolved, That this bill pass with Ministers, and the Heads of Departments, unless amendments.

introduced by a member of the Senate.” Mr. BUTLER reported, from the committee to

Ordered, That this motion lie for considera

tion. whom was referred, on the 1st instant, the petition of James Simons, that the prayer of the petition ought not to be granted.

Monday, December 19. Mr. Samuel SMITH, pursuant to notice given Mr. WORTHINGTON from the committee to on the 13th instant, had leave to bring in a bill to I whom were referred, on the 27th of October last,

6

Senate.

Proceedings.

DECEMBER, 1803. the memorial of Martha Seamans and others, and French Republic, and for other purposes ;" in on the 12th instant, the petition of Eleazer Olney which they desire the concurrence of the Senate. made report; which was read, and ordered to lie The bill brought up for concurrence was read, for consideration.

and ordered to the second reading. 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

Tuesday, December 20. act for the punishment of certain crimes against The bill, entitled "An act giving effect to the the United States;" which was read, and ordered laws of the United States within the territories to the second reading.

ceded to the United States by the treaty of the The Senate took into consideration the motion 30th of April, 1803, between the United States made on the 16th instant, that no person be ad- and the French Republic, and for other purposes," mitted on the floor of the Senate Chamber except was read the second time, and referred to Messrs. members of the House of Representatives, for. S. SMITH, BRECKENRIDGE, ANDERSON, ARMeign Ministers, and the Heads of Departments, STRONG, and DAYTON, to consider and report unless introduced by a member of the Senate. thereon to the Senate.

On motion, it was agreed to strike out the words, The bill, in addition to the act, entitled "An act “unless introduced by a member of the Senate ;' for the punishment of certain crimes against the and on motion, it was agreed to subjoin, after the United States," was read the second time. word “Departments," "and Judges of the Supreme The Vice PRESIDENT laid before the Senate a and District Courts of the United States." report, prepared in obedience to a resolution of

On motion to insert after the word "States," the Senate of the 18th ultimo, accompanied with "and the ladies,” it passed in the negative-yeas a statement of the direct tax; and the report was 12. nays 16, as follows:

read. Yeas-Messrs. Anderson, Breckenridge, Brown,

Ordered, That it lie for consideration, and that Dayton, Jackson, Maclay, Potter, I. Smith, 's. Smith, 500 copies thereof be printed. Tracy, White, and Wright.

The Senate took into consideration the report Nars—Messrs. Adams, Armstrong, Bailey, Bald- of the committee made yesterday upon the petiwin, Bradley, Cocke, Condit, Ellery, Franklin, Hill- tion of Martha Seamans and others, and Eleazer house, Olcott, Pickering, Plumer, J. Smith, Venable, Olney ; and and Worthington.

Ordered, That it be recommitted to the comOn motion to insert after the word “States," mittee who made the report, further to consider "the Governors and Counsellors of the respective and report thereon to the Senate. States, and the Representatives of the State Legislatures," it passed in the negative-yeas 13,

WEDNESDAY, December 21. nays 15, as follows:

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 Nays-Messrs. Armstrong, Baldwin, Bradley, therein mentioned,” except to the last, to which Brown, Cocke, Condit, Ellery, Franklin, Hillhouse, they agree. Jackson, Olcott, Pickering, Plumer, J. Smith, and White.

THURSDAY, December 22. On motion to agree to the resolution amended as follows:

The Senate took into consideration the disaResolved, That no person be admitted on the floor amendments to the bill, entitled "An act fixing

greement of the House of Representatives to their of the Senate Chamber, except members of the House the salaries of certain officers therein mentioned;" of Representatives, foreign Ministers, and Heads of

and Departments, and Judges of the Supreme and District Courts of the United States :

Resolved, That they insist thereon, and ask a It was determined in the negative-yeas 7, nays Houses; and that Messrs. Bradley and Jackson

conference on the disagreeing votes of the two 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.

The Senate resumed the second reading of the Nays-Messrs. Anderson, Armstrong, Baldwin, bill, in addition to the act, entitled "An act for the Bradley, Breckenridge, Brown, Cocke, Ellery, Hill- punishment of certain crimes againt the United house, Maclay, Olcott, Pickering, Plumer, Potter, I. States," and Smith, S. Smith, Tracy, Venable, White, and Worth- Ordered, That it be recommitted to the original ington.

committee, further to consider and report thereon A message from the House of Representatives to the Senate; and that Messrs. BRECKENRIDGE informed the Senate that the House have passed and Adams be added thereto. a bill, entitled "An act giving effect to the laws of A message from the House of Representatives the United States within the territories ceded to informed the Senate that the House have passed the United States by the treaty of the 30th of a bill, entitled "An act to incorporate the DirectApril, 1803, between the United States and the ors of the Columbian Library Company," and a bill,

DECEMBER, 1803.

Proceedings.

SENATE.

entitled "An act for the relief of Paul Coulon;"

Tuesday, December 27. in which bills they desire the concurrence of the

The Senate assembled, and on motion, adjourned. Senate.

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

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.

Ordered, That three hundred copies thereof be FRIDAY, December 23.

printed for the use of the Senate.

A message from the House of Rrpresentatives The bill, entitled “An act for the relief of Paul informed the Senate that the House insist on their Coulon," was read the second time, and referred disagreement to the amendments of the Senate to to Messrs. Tracy, S. Smith, and Franklin, to the bill, entitled "An act fixing the salaries of cerconsider and report thereon to the Senate. tain officers therein mentioned,” and agree to the

The bill, entiiled "An act to incorporate the Di- proposed conference on the subject-maiter of the rectors of the Columbian Library Company," was disagreeing votes of the two Houses, and have apread the second time, and referred to Messrs. pointed managers on their part. BRADLEY, Brown, and S. Smith, to consider and

Mr. FRANKLIN, from the committee to whom report thereon to the Senate.

was referred, on the 7th of November last, the meOn motion, that it be

morial of Robert Quillin, reported : Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, with an allowance of thirty-three and a third dollars

“ That the petitioner is a pensioner on Government, That the President of the Senate and Speaker of the House of Representatives be, and they are hereby, au- per annum, as set forth in his memorial. thorized to adjourn the respective Houses of Congress ed, and a suitable allowance made at the time of his

“ That his ratio of disability was properly ascertainfrom this day until Monday, the 2d day of January, admission on the pension list of the United States. 1804 ;

“ That the committee are of opinion it would be imIt passed in the negative-yeas 9, nays 11, as proper to make further provision for any particular follows:

cases, and therefore recommend that the petition be reYEAS—Messrs. Ellery, Hillhouse, Olcott, Pickering, jected.” J. Smith, 8. Smith, Tracy, Worthington, and Wright. Nars-Messrs. Adams, Bailey, Baldwin, Bradley,

And the report was adopted. Breckenridge, Brown, Condit, Franklin, Plumer, Pot- withdraw his petition and papers.

Ordered, That the petitioner have leave to ter, and Venable.

The amendments reported by the committee to Mr. BRECKENRIDGE presented the petition of the the bill, entitled "An act giving effect to the laws judges of the Indiana Territory, stating that great of the United States within the territory ceded to additional duties have devolved upon them since the United States by the treaty of the 30th of the establishment of their respective salaries

, and April

, 1803, between the United States and the praying an increase of compensation ; and the French Republic, and for other purposes," was petition was read. Ordered, That it be referred to Messrs. Breck

postponed until to-morrow. ENRIDGE, Baldwin, and Brown, to consider and report thereon to the Senate.

Thursday, December 29. Mr. S. Smith, from the committee to whom Mr. Worthington presented the petition of was referred, on the 20th instant, the bill, entitled John Boggs, sen., and others

, residents and pur"An act giving effect to the laws of the United chasers of lands in the Siate of Ohio, praying for States, within the territories ceded to the United certain alterations in the existing laws of ihe UniStates by the treaty of the 30th of April, 1803, ted States respecting the sale of the public lands; between the United States and the French Re- and the petition was read. public, and for other purposes," reported amend- Ordered, That it be referred to Mr. Tracy and ments; which were read, and ordered to lie for others, the committee appointed on the 1st day of consideration.

November last, to whom was referred the petition On motion, it was agreed that when the Senate of John Crouse and others, to consider and report do adjourn they adjourn to Tuesday next. thereon to the Senate.

The Vice PRESIDENT laid before the Senate the Mr. BRADLEY, from the managers appointed to general account of the Treasurer of the United confer on the amendments insisted on by the SenStates, from October 1st, 1802, 10 October 1st, ate to the bill, entitled "An act fixing the salaries 1803; as also his accounts for the War and Navy of certain officers therein mentioned,” reported, Departments for the same period; which were that having conferred with the managers apó read, and ordered to lie for consideration. pointed on the part of the House of Representa. On motion, the Senate adjourned.

tives, they could come to no agreement.

SENATE.

Proceedings.

JANUARY, 1804.

а

On motion, that the Senate adhere to their ings, at present, ought to be had by the Senate amendments, disagreed to by the House of Repre- respecting the impeachment of John Pickering, sentatives, to the bill last mentioned, it passed in made report; which was read. 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.

Mr. FRANKLIN notified the Senate, that he should Nays—Messrs. Breckenridge, Cocke, Hillhouse, Ol- to-morrow ask leave to bring in a bill declaring cott, Plumer, Tracy, and Venable.

the assent of Congress to an act of the General The Senate took into consideration the amend- Assembly of the State of North Carolina, passed ments reported by the committee to the bill, en

on the 22d day of December, 1803, entitled "An titled “ An act giving effect to the laws of the act to authorize the State of Tennessee to perfect United States within the territory ceded to the titles to lands reserved to this State by the cesUnited States by the treaty of the 30th of April,

sion act." 1803, between the United States and the French

The bill erecting Louisiana into two Territories, Repúblic, and for other purposes ;” and, after pro- and providing for the temporary government gress, the Senate adjourned.

thereof, was read the second time.

The following Message was received from the

PRESIDENT OF THE UNITED STATES:
Friday, December 30.

To the Senate and House of Mr. BRECKENRIDGE, from the committee ap- Representatives of the United States : pointed, on the 5th instant, for that purpose, re- I now lay before Congress the annual account of ported a bill erecting Louisiana into two Territo- the fund established for defraying the contingent ries, and providing for the temporary government charges of Government. No occasion having arisen thereof; and the bill was read, and ordered to the for making use of any part of it in the present year, second reading.

the balance, of eighteen thousand five hundred and A message from the House of Representatives sixty dollars, unexpended at the end of the last year, informed the Senate that the House have passed remains now in the Treasury. a bill, entitled " An act for the relief of John

Dec. 31, 1803.

TH. JEFFERSON. Coles;” in which they desire the concurrence of The Message and account therein referred to the Senate. They adhere to their disagreement were read, and ordered to lie on file. to the amendments of the Senate to the bill, en

The Senate resumed the consideration of the titled “An act fixing the salaries of certain officers amendments reported by the committee to the therein mentioned."

bill, entitled "An act giving effect to the laws of The bill brought up for concurrence was read, the United States within the territories ceded to and ordered to the second reading.

the United States by the treaty of the 30th of Mr. Worthington, from the committee to April, 1803, between the United States and the whom was referred, on the 14th instant, the bill, French Republic, and for other purposes ;” and, entitled "An act for the relief of the officers of after progress, Government, and other citizens, who suffered in

Ordered, That the consideration thereof be furtheir property by the insurgents in the western ther postponed. counties of Pennsylvania,” reported the bill with

A message from the House of Representatives amendments; which were read, and ordered to informed the Senate that the House have aplie for consideration.

pointed managers on their part to conduct the imThe Senate resumed the consideration of the peachment against John Pickering, judge of the amendments reported by the committee to the bill, district court of the United States for the district entitled “ An act giving effect to the laws of the of New Hampshire, and have also directed the United States within the territories ceded to the said managers to carry to the Senate the articles United States by the treaty of the 30th of April, agreed upon by the House of Representatives to 1803, between the United States and the French be exhibited against the said John Pickering. Republic, and for other purposes ;” and, after

On motion, the Senate took into consideration progress,

the report of the committee, made this day, on Ordered, That the consideration thereof be fur- what further proceedings at present ought to be ther postponed.

had by the Senate respecting the impeachment of On motion, the Senate adjourned.

John Pickering; and, on motion, it was agreed

that the report be posi poned. Monday, January 2, 1804.

On motion, it was The Senate assembled; and, on motion, ad- Resolved, That, at 12 o'clock to-morrow, the Senate journed.

will resolve itself into a Court of Impeachments, at

which time the following oath or affirmation shall be Tuesday, January 3.

administered by the Secretary to the President of the

Senate, and, by him, to each member of the Senate, Mr. Tracy, from the committee to whom was viz: “I - solemnly swear (or affirm, as the case referred, on the 14th of November last, the mo- may be,) that, in all things appertaining to the trial of tion to inquire if any, and what, further proceed- the impeachment of John Pickering, judge of the dis

JANUARY, 1804.

Proceedings.

SENATE.

trict court of the district of New Hampshire, I will do General Assembly of the State of North Carolina; impartial justice, according to law;" which Court of and the bill was read. Impeachments, being thus formed, will, at the time

Ordered, That it pass to the second reading, aforesaid, receive the managers appointed by the House and that it be printed, together with the act to

Representatives to exhibit articles of impeachment, which it refers, for the use of the Senate.

the name of themselves and of all the people of the A message from the House of Representatives United States, against John Pickering, judge of the informed the Senate that the House have passed district court for the district of New Hampshire, pur- a bill, entitled "An act making appropriations for suant to notice given to the Senate this day by the the support of the Military Establishment of the House of Representatives, that they had appointed United States in the year 1804,” in which they managers for the purposes aforesaid.

desire the concurrence of the Senate. Ordered, That the Secretary lay this resolu- The bill was read, and ordered to the second tiion before the House of Representatives.

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 impe ments; and that Messrs. Tracy, BRAD- iel C. Brent, and others, their committee, praying LEY, BALDWIN, Wright, and Cocke, to whom it Legislative sanction and an act of incorporation ; was referred on the 14th of November last, to and the petition was read, and referred to Messrs. consider and report, if any, what further proceed- Israel Smith, Samuel Smith, and ARMSTRONG, ings ought to be had by the Senate, respecting to consider and report thereon to the Senate. the impeachment of John Pickering, be this committee.

THURSDAY, January 5.
Wednesday, January 4.

After proceeding as the High Court of ImMr. Tracy, from the committee appointed yes. Court being adjourned,

peachments, as is stated in the record, and the terday, to examine precedents, and prepare forms necessary in the trial of John Pickering, im Freeman, a native of the State of Massachusetts

,

Mr. Adams presented the petition of Constant peached by the House of Representatives of high and at the commencement of the Revolutionary crimes and misdemeanors, reported, in part, that it be,

war a resident in Canada, stating that, from early attachment to the cause of his country,

he was Resolved, That, after the managers of the impeach- obliged to leave that province, and having been ment shall be introduced to the bar of the Senate, and shall have signified that they are ready to exhibit arti- long employed in public service, he prays to be cles of impeachment against John Pickering, the Presi- 7th of April, 1798, and the 18th of February, 1801,

entitled to the provisions of the acts passed the dent of the Senate shall direct the Sergeant-at-Arms to for the relief of the Nova Scotia and Canadian make proclamation; who shall, after making proclamation, repeat the following words: “All persons are

refugees; and the petition was read. commanded to keep silence, on pain of imprisonment,

Ordered, That it be referred to the committee while the grand inquest the nation is exhibiting to appointed on the 27th of October last, on the pethe Senate of the United States, sitting as a Court of tition of Martha Seamans and others, to consider Impeachments, articles of impeachment against John and report thereon to the Senate. Pickering, judge of the district court for the district of The bill, entitled "An act making appropriaNew Hampshire.”

tions for the support of the Military EstablishAfter which the articles shall be exhibited; and then ment of the United States in the year 1804,” was the President of the Senate shall inform the managers read the second time, and referred to Messrs. that the Senate will take proper order on the subject of Bradley, Dayton, and Jackson, to consider and the impeachment, of which due notice shall be given to report thereon to the Senate. the House of Representatives.

The bill declaring the assent of Congress to an And the report was adopted.

act of the General Assembly of the State of North On motion, by Mr. Adams. that it be

Carolina was read the second time, and referred Resolved, That any Senator of the United States, to Messrs. FRANKLIN, Baldwin, Cocke, VENABLE, having previously acted and voted as a member of the and ANDERSON, to consider and report thereon to House of Representatives, on a question of impeach- the Senate. ment, is thereby disqualified to sit and act, in the same A message from the House of Representatives case, as a member of the Senate, sitting as a Court of informed the Senate that the House have passed Impeachment:

a bill, entitled "An act making appropriations for It was agreed, that this motion should lie for the support of the Navy of the United States consideration.

during the year 1804,” in which they desire the Agreeably to the resolution of yesterday, the concurrence of the Senate. Senate formed itself into a Court of Impeach- The bill was read, and ordered to the second ments, and proceeded therein as is stated at large reading. in the records of the Court. [See end of Senate

The Senate resumed the consideration of the Debates, post.]

amendments reported to the bill, entitled "An act Agreeably to notice given yesterday, Mr. FRANK- giving effect to the laws of the United States, Lin asked and obtained leave to bring in a bill de- within the territories ceded to the United States, claring the assent of Congress to an act of the by the treaty of the 30th of April, 1803, between

a