Executive Proceedings. Mr. BALDWIN, from the joint committee, reported that they had waited on the President of the United States, and notified to him the proposed recess of the two Houses; to which the President of the United States replied that he had no further communications to make to Congress. Ordered, That the Secretary notify the House of Representatives that the Senate, having finished the business before them, are about to adjourn. A message from the House of Representatives informed the Senate that the House, having finished the business before them, are about to adjourn to the first Monday in November next. The PRESIDENT then adjourned the Senate to the first Monday in November next. EXTRACTS FROM EXECUTIVE JOURNAL OF THE SENATE. MONDAY, October 17, 1803. tween the United States and the said French Republic, as well as to the two conventions connected therewith, and made and concluded between the two Republics, on the same day, by Robert R. Livingston and James Monroe, Ministers Plenipotentiary on the part of the United States, and Barbe Marbois, Minister of the Public Treasury of the French Republic, on the part of the said Republic." Ordered, That this motion lie until to morrow. THURSDAY, October 20. The Senate resumed the consideration of the Treaty and Conventions made with the First Consul of France; and, on the question, Will the Senate agree to the ratification of the same? it passed in the affirmative-yeas 24, nays 7, as follows: YEAS-MESSTS. Anderson, Bailey, Baldwin, Bradley, Breckenridge, Brown, Butler, Clinton, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Israel Smith, Samuel Smith, Stone, Taylor, Worthington, and Wright. NAYS-Messrs. Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, and White. So it was Resolved, (two-thirds of the Senators The following Message was received from the advise and consent to the ratification of the Treapresent concurring therein,) That the Senate do PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate: ty, as well as to the ratification of the two Conventions connected therewith, made and conIn my message of this day to both Houses of Con- cluded at Paris, on the 10th day of Floreal, in the gress, I explained the circumstances which had led to 11th year of the French Republic, (30th April, the conclusion of conventions with France, for the ces-1803,) between the United States and the said sion of the Province of Louisiana to the United States. French Republic, by Robert R. Livingston and Those conventions are now laid before you, with such James Monroe, Ministers Plenipotentiary on the communications relating to them as may assist in deciding whether you will advise and consent to their part of the United States, and Barbe Marbois, Minister of the Public Treasury of the French Republic, on the part of the said Republic." ratification. The ratification of the First Consul of France is in the hands of his Chargé des Affaires here, to be exchanged for that of the United States, whensoever, before the 30th instant, it shall be in readiness. Ост. 17, 1803. TH. JEFFERSON. The Message, Treaty, Conventions, and papers accompanying, were in part read. Ordered, That the Message, Treaty, and two Conventions, be printed, in confidence, for the use of the members. TUESDAY, October 18. The Senate resumed the reading of the papers referred to in the Message of the President of the United States of the 17th instant. On motion, the Treaty and Conventions communicated with the Message of the President of the United States, were read the second time. WEDNESDAY, October 19. The Treaty and Conventions with the French Republic were read the third time, in paragraphs; and, after debate, a motion was made by Mr. JACKSON, and seconded by Mr. BRADLEY, that it be "Resolved, (two-thirds of the Senators present concurring therein,) That the Senate do advise and consent to the ratification of the Treaty, made and concluded at Paris, the 11th day of Floreal, in the 11th year of the French Republic, (30th April, 1803,) be Ordered, That the Secretary lay this resolution before the President of the United States. A motion was made that it be 66 Resolved, That the President of the United States be requested to obtain from the French Republic, such a modification of the third article of the Treaty as will leave the Government of the United States at liberty to make such future arrangements, or disposition of the Territory of Louisiana, as, in their wisdom, may best promote the general interest; always securing to the free inhabitants of Louisiana protection to their persons, security to their property, and the free and open enjoyment of their religion." Ordered, That this motion lie until to-morrow. Executive Proceedings. MONDAY, October 24. made on the 20th of October for a modification The following Message was received from the of the third article of the treaty between the PRESIDENT OF THE UNITED STATES: To the Senate of the United States: The Senate resumed the consideration of the British Convention for fixing the Eastern boundaries of the United States: A motion was made that it be “Resolved, That the Senate (two-thirds of the Senators present concurring) do advise and consent that the Convention between the United States of America and His Britannic Majesty, for determining boundaries, pursuant to the provisions contained in the Treaty of Peace of 1783, concluded at London on the 13th day of May, 1803, be ratified." Whereupon, United States and the First Consul of France respecting Louisiana. And on the question, Will the Senate agree to the resolution moved for? it passed in the negative-yeas 9, nays 22, as follows: YEAS-Messrs. Anderson, Baldwin, Butler, Dayton, Jackson, Logan, Potter, Wells, and White. NAYS-Messrs. Adams, Bailey, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Hillhouse, Maclay, Nicholas, Olcott, Pickering, Plumer, Israel Smith, John Smith, Stone, Taylor, Tracy, Worthington, and Wright. TUESDAY, November 15. The Senate resumed the consideration of the treaty made between the United States and His Britannic Majesty for establishing the Eastern boundaries of the United States. Ordered, That it be referred to Messrs. ADAMS, NICHOLAS, and WRIGHT, to inquire and report thereon to the Senate. FRIDAY, November 25. Ordered, That a committee be appointed to inquire if any, and what, further proceedings are necessary by the Senate, on the Convention between the United States and the King of Spain; and that Messrs. BRADLEY, JACKSON, and BALDWIN, be the committee to inquire and report thereon to the Senate. WEDNESDAY, December 21. The following Message was received from the On the 11th of January last, I laid before the Senate, for their consideration and advice, a Convention with Spain, on the subject of indemnities for spoliations on our commerce, committed by her subjects during the late war; which Convention is still before the Senate. As this instrument did not embrace French seizures and condemnations of our vessels in the ports of Spain, for which we deemed the latter Power responsible, our Minister at that Court was instructed to press for an additional article, comprehending that branch of wrongs. A motion was made to amend the fifth article I now communicate what has since passed on that subby inserting, after the word "Commissioners," inject. The Senate will judge whether the prospect it the first instance, "upon the demand of either Government," and to add the word "immediately," after the word "shall," in the next line. And, after debate, adjourned. FRIDAY, November 4. The Senate resumed the consideration of the Convention made between the United States and His Britannic Majesty, for fixing the Eastern boundaries of the United States; and the motion for amendment being withdrawn after debate, the further consideration thereof was postponed to Monday next. The Senate took into consideration the motion | offers will justify a longer suspension of that portion of indemnities conceded by Spain, should she now take no advantage of the lapse of the period for ratification. As the settlement of the boundaries of Louisiana will call for new negotiations, on our receiving possession of that province, the claims not obtained by the Convention, now before the Senate, may be incorporated into those discussions. THURSDAY, December 22. Executive Proceedings. Mr. BRADLEY reported, from the committee appointed on the 25th of November, on the Spanish Convention, that the Message of the President of the United States, of December 21st, gave the Senate all the information within their power to obtain. Whereupon, NAYS-Messrs. Adams, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Samuel Smith, Stone, Venable, and Worthington. And, on the question to agree to the original motion for ratification, it passed in the affirmative-yeas 21, nays 7, as follows: YEAS-Messrs. Adams, Bailey, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, FrankJackson, Logan, Maclay, Nicholas, Potter, John Smith of Ohio, Samuel Smith, Stone, Venable, White, and Worthington. Ordered, That the committee be discharged. A motion was made by Mr. BRADLEY, that it be "Resolved, That the Message and documents com-lin, municated by the President of the United States, to the Senate, on the 21st instant, be referred to a select committee, to consider and report whether any, and, if any, what, further proceedings ought to be had by the Senate, in relation to the Message on the disclosures made by the same." And it was agreed that this motion lie for consideration. Ordered, That the Message of the President of the United States, of 21st December, with the communications referred to, be the order of the day for the second Monday in January next. WEDNESDAY, December 28. Mr. ADAMS, from the committee to whom was referred, on the 15th ult., the Convention for ascertaining boundaries between the United States and the British Government, concluded at London, May 12, 1803, made report; and it was agreed that the consideration thereof be the order of the day for to-morrow. WEDNESDAY, January 4, 1804. NAYS-Messrs. Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, and Wells. So it was Resolved, (two-thirds of the Senators present concurring therein,) That the Senate do advise and con sent to the ratification of the Convention entered into concluded at Madrid, on the 11th day of August, between His Catholic Majesty and the United States, 1802." Ordered, That the Secretary lay this resolution before the President of the United States. The Senate resumed the consideration of the Convention between the United States and His Britannic Majesty, for fixing the boundaries between Great Britain and the United States; and, on motion, to advise and consent to the ratification, with the exception of the 5th article, it was agreed to postpone the subject until to-morrow. Agreeably to the order of the day, the Senate proceeded to consider the motion made on the 22d of December last, that it be "Resolved, That the Message and documents comThe Senate resumed the consideration of the Senate, on the 21st instant, be referred to a select communicated by the President of the United States to the British Convention, for fixing the Eastern bound-mittee, to consider and report whether any, and, if any, aries of the United States, and the motion made what, further proceedings ought to be had by the Sento ratify the same, the 31st October last; and, ate, in relation to the Message, or the disclosures made after debate, the Senate adjourned. by the same." MONDAY, January 9. The Senate resumed the consideration of the Convention between His Catholic Majesty and the United States; and a motion was made that it be "Resolved, (two-thirds of the Senators present concurring therein,) That the Senate do advise and consent to the ratification of the Convention entered into between His Catholic Majesty and the United States, concluded at Madrid, on the 11th day of August, 1802." On motion to amend the resolution, by adding the following words: "It being understood that this Convention shall embrace all the losses, damages, and injuries sustained by the subjects of Spain, and citizens of the United States of America, in consequence of the excesses and irregularities committed by Spanish subjects, or American citizens, whether being private persons, or officers, or agents of either Government:" It passed in the negative-yeas 8, nays 19, as follows: YEAS-Messrs. Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, and White. The motion was adopted; and WEDNESDAY, February 8. On motion, it was agreed that the motion to ratify the Convention between the United States and His Britannic Majesty, for fixing the boundaries between the United States and Great Britain, be the order of the day for to-morrow. On motion, it was agreed that the injunction of secrecy, contained in the 37th rule of the Senate, so far as relates to the Convention ratified on the 9th day of January last, between the United States and His Catholic Majesty, be taken off. THURSDAY, February 9. The Senate resumed the motion made for a ratification of the British Convention, for fixing the boundaries between the United States and Great Britain. Whereupon, a motion was made to except the 5th article; and, on the question, Will the Senate consent and advise to the ratifi. cation of the 5th article? it passed in the negative-yeas 9, nays 22, as follows: Executive Proceedings. YEAS-Messrs. Adams, Bradley, Dayton, Hillhouse, Olcott, Pickering, Plumer, Israel Smith, and Tracy. NAYS-Messrs. Anderson, Armstrong, Breckenridge, Baldwin, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, John Smith, Stone, Sumter, Venable, Wells, Worthington, and Wright. On the question, Will the Senate consent and advise to the ratification of the Convention, with the exception of the 5th article? it passed unanimously in the affirmative-yeas 31, as follows: YEAS-Messrs. Adams, Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Dayton, Ellery, Franklin, Hillhouse, Jackson, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, Israel Smith, John Smith of Ohio, Samuel Smith, Stone, Sumter, Tracy, Venable, Wells, Worthington, and Wright. So it was Resolved, That the Senate do advise and consent to the ratification of the Convention between the United States and His Britannic Majesty, for fixing the boundaries between the United States and Great Britain, concluded at London, May 12, 1803, with the exception of the 5th article. Ordered, That the Secretary lay this resolution before the President of the United States. On motion, that the injunction of secrecy upon the members of the Senate be taken off, in respect to the Convention of boundaries, with Great Britain, signed at London, on the 12th of May, 1803: Ordered, That this motion lie on the table. FRIDAY, February 10. The Senate resumed the motion made yesterday, "that the injunction of secrecy upon the members of the Senate, be taken off, in respect to the Convention of boundaries with Great Britain. signed at London, on the 12th of May, 1803;" and, after debate, it was agreed that the consideration thereof be postponed. FRIDAY, February 24. Mr. BRADLEY reported, from the committee to whom was referred, on the 9th ultimo, the Message from the President of the United States, of 21st December, and the documents accompanying the same; and the report was read. Ordered, That it be printed, under an injunction of secrecy, for the use of the Senate. The Senate resumed the consideration of the motion, made on the 9th instant, "that the injunction of secrecy, upon the members of the Senate, be taken off, in respect to the Convention of boundaries with Great Britain, signed at London, on the 12th day of May, 1803;" and, on the question to agree to this motion, it was determined in the negative-yeas 11, nays 20, as follows: YEAS-Messrs. Adams, Dayton, Hillhouse, Logan, Olcott, Pickering, Plumer, Tracy, Wells, White, and Wright. NAYS-Messrs. Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Maclay, Nicholas, Potter, Israel Smith, John Smith of Ohio, John Smith of New York, Samuel Smith, Stone, Sumter, Venable, and Worthington. TUESDAY EVENING, March 27. The Senate took into consideration the report of the committee, to whom was referred, on the 9th of January, the Message of the President of the United States, of December 21, as follows: IN SENATE OF THE UNITED STATES, February 24, 1804. Mr. BRADLEY, from the committee appointed on the 9th of January, to consider and report whether any, and, if any, what further proceedings ought to be had by the Senate, in relation to the Message and documents communicated by the President of the United States, on the 21st of December last, submitted the following report: Upon a careful examination of the Message and documents communicated by the President, on the 21st of December, your committee notice certain unauthorized acts and doings of individuals, contrary to law and highly prejudicial to the rights and sovereignty of the United States, tending to defeat the measures of the Government thereof; and which, in their opinion, merit the consideration of the Senate. They find that, on the 15th of November, 1802, and before and subsequent to that day, divers controversies and disputes had arisen between the Governments of the United States and Spain, concerning certain seizures and condemnations of the vessels and effects of the citizens of the United States, in the ports of Spain, and for which the Government of Spain was deemed responsible, and in the prosecution of which, for indemnification, the Minister of the United States, near the Court of Spain, had been instructed to press that Government, by friendly negotiation, to provide for those wrongs. Your committee find, while said negotiation was pending, and the said disputes and controversies in no wise settled or adjusted, that Jared Ingersoll, William Rawle, Joseph B. McKean, and P. S. Du Ponceau, of the city of Philadelphia, did, at said Philadelphia, on the same 15th of November, 1802, and Edward Livingston, of the said city of New York, did, at said New York, on the 3d day of the same November, in violation of the act, entitled "An act for the punishment of certain crimes therein specified," passed the 30th day of January, 1799, commence and carry on a correspondence and intercourse with the said Government of Spain, and with the agents thereof; and, as the committee believe, with an intent to influence the measures and conduct of the Government of Spain, and to defeat the measures of the Government of the United States, and did, then and there, counsel, advise, aid, and assist, in such correspondence, with intent as aforesaid. Your committee, with the knowledge of these facts, are compelled to observe, that however there might exist in Senate a great reluctance to express any opinion in relation to the proceedings in the ordinary course of criminal jurisprudence, yet, when they reflect on the nature of the offence, the improbability of the ministers of the law ever coming to the knowledge thereof without the aid of the Executive, and the delicate situation of the Executive in relation to the subject, duty seems to demand, and propriety to justify, their expressing an opinion in favor of that aid, without which, in their judgment, the justice of the nation would be exposed to suffer. Your committee have no doubt that precedents may be adduced, and from the best authority, to justify such a measure, and warrant the proceedings with safety, to Trial of Judge Pickering. the remedial justice of the law, which admits of no rules, or pretended rules, uncorrected and uncontrolled by circumstances, the certain result of which would be the failure of justice. With these impressions, your committee respectfully offer to the Senate the following resolutions: Resolved, That the President of the United States be requested to cause to be laid before the Attorney General, all such papers, documents, and evidence, as he may deem expedient, and which relate to any unauthorized correspondence and intercourse, carried on by Jared Ingersoll, William Rawle, Joseph B. McKean, P. S. Du Ponceau, and Edward Livingston, with the Government of Spain, or with the agents thereof, with an intent to influence the measures and the conduct of the Government of Spain, or to defeat the measures of the Government of the United States, in relation to certain disputes and controversies between the said Governments. Resolved, That, if, in the opinion of the Attorney General, such papers, documents, evidence, or such other evidence as may be presumed, from any that is particeps criminis, shall be deemed sufficient to warrant a prosecution of the aforesaid persons, or either of them, that the President of the United States be, and hereby is, requested to instruct the proper law officer to commence a prosecution, at such time and in such manner as he may judge expedient, against Jared Ingersoll, William Rawle, Joseph B. McKean, P. S. Du Ponceau, and Edward Livingston, or either of them, on the act, entitled "An act for the punishment of certain crimes therein specified." And that he be requested to furnish the Attorney on the part of the United States, for the purpose of carrying on said prosecution, with such papers, documents, and evidence, from the Executive Department of the Government, as he may deem expedient and necessary. A motion was made by Mr. WHITE, that it be Resolved, That the Senate will take no further order on the report made to them respecting the opinions of certain lawyers, relative to the Convention between the United States and His Catholic Majesty; the Senate not considering it within the province of their duty to do so, and that the injunction of secrecy upon the same be taken off. Ordered, That the consideration of this resolution be postponed to the first Monday in Novem ber next. TRIAL OF JUDGE PICKERING, On a charge of High Crimes and Misdemeanors, exhibited to the Senate of the United States. IN SENATE OF THE UNITED STATES. THURSDAY, March 3, 1803. A message was received from the House of Representatives, by Messrs. NICHOLSON, and RANDOLPH, two of the members of the said House, in the words following: Mr. President: We are commanded in the name of the House of Representatives, and of all the people of the United States, to impeach John Pickering, judge of the district court of the district of New Hampshire, of high crimes and misdemeanors; and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. We are further commanded to demand that the Senate take order for the appearance of the said John Pickering, to answer to the said impeachment. Ordered, That the message received this day from the House of Representatives, respecting the impeachment of John Pickering, judge of a district court, be referred to Messrs. TRACY, CLINTON, and NICHOLAS, to consider and report thereon. the subject, made the following report; which Mr. TRACY from the committee appointed on was adopted, and the House of Representatives notified accordingly: Whereas the House of Representatives have this day, by two of their members, Messrs. Nicholson and Randolph, at the bar of the Senate, impeached John Pickering, judge of the district court for the district of New Hampshire, of high crimes and misdemeanors, and have acquainted the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. And have likewise demanded that the Senate take order for the appearance of the said John Pickering, to answer to the said impeachment. Therefore, Resolved, That the Senate will take proper order thereon, of which due notice shall be given to the House of Representatives. THURSDAY, October 27. A motion was made that the Senate adopt the following resolution : Resolved, That a committee be appointed to prepare the process to compel the attendance of John Pickering to answer the charge exhibited against him by the House of Representatives at their last session. Ordered, That this motion lie on the table. MONDAY, November 14. On motion, the Senate resumed the consideration of the resolution passed on the 27th of October last, respecting the impeachment of John Pickering; and having agreed to an amendment thereto, Resolved, That a committee be appointed to inquire if any and what further proceedings, at present, ought to be had by the Senate respecting the impeachment of John Pickering, made at the of Representatives, on the last day of the last bar of this Senate by two members of the House session of Congress; and Ordered, That Messrs. TRACY, BRADLEY, BALDWIN, WRIGHT, and CocкE, be the committee to consider and report thereon to the Senate. TUESDAY, January 3, 1804. Mr. TRACY from the committee to whom was referred the inquiry, "If any and what, further procedings at present ought to be had by the Senate respecting the impeachment of John Pickering, made at the bar of the Senate, by two members of the House of Representatives, on the last day of the last session of Congress," reported: |