after debate, [JANUARY, 1797. cent. stock, authorized to be constituted by the act be-mington, in the State of North Carolina; and, fore mentioned; and has, moreover, taken eventual measures for reimbursing the debt due to the Bank of New York. When these measures shall have been executed and adjusted, they will be reported to the Board. Ordered, That the further consideration thereof be postponed. Mr. LIVERMORE made report from the committee to whom was referred the bill allowing an adob-ditional compensation to the Judge of the District of Vermont; and the report was read, and ordered to lie for consideration. The fund of twelve hundred thousand dollars, tained as abovementioned, has been applied to discharge the following debts due to the Bank of the United States, viz: To the payment of the instalments due on Amounting, as abovementioned, to All which is respectfully submitted, by $300,000 The VICE PRESIDENT commmunicated a letter from Samuel Meredith, Treasurer of the United States, with his account of expenditures in the War Department for the quarter ending 31st December, 1796; which was read, and ordered to lie for consideration. Ordered, That Messrs. TAZEWELL, Langdon, and BROWN, be a committee to examine, and report to the Senate, what number of States have 300,000 ratified the amendments proposed by the two Houses of Congress to the Constitution, which amendments have not as yet been announced as 400,000 forming a part of the Constitution, and report thereon to the Senate. 200,000 1,200,000 OLIVER WOLCOTT, Secretary of the Treasury. TREASURY DEPARTMENT, January 24, 1797. Ordered, That the report, and documents companying it, lie on the table. MONDAY, January 30. On motion, “That a committee be appointed, to join such committee as may be appointed by the House of Representatives, to ascertain and report a mode for examining the votes for President and Vice President, and of notifying the persons elected of their election, and for regulating the time, place, and manner, of administerac-ing the oath of office to the President:" A message from the House of Representatives informed the Senate that they insist on their amendment to the bill, entitled "An act giving effect to the laws of the United States within the State of Tennessee." Resolved, That the Senate do recede from their disagreement to the amendment above mentioned. Mr. HOWARD reported, from the committee to whom was referred the bill respecting the appointment of an health officer and harbor master for the port of Wilmington, in the State of North Carolina; and, after debate, Ordered, That the further consideration thereof be postponed. FRIDAY, January 27. JOHN HUNTER appointed a Senator by the State of South Carolina, in place of PIERCE BUTLER, resigned, attended, produced his credentials, and the oath required by law being administered to him, he took his seat in the Senate. The VICE PRESIDENT laid before the Senate the reports of the Secretary for the Department of War on the petitions of Mary Hibborn and Michael Van Kleeck; which were respectively read. Ordered, That they lie on the table. The Senate resumed the consideration of the report of the committee to whom was referred the bill respecting the appointment of an health officer and harbor master for the port of Wil It was agreed that the motion lie until to-mor row. Mr. GOODнUE reported from the committee to whom was referred the consideration of the compensations at present allowed to the officers of the Government and members of the Legislature, with a view, (under existing circumstances,) of making a more just and liberal provision for them; and the report was read. Ordered, That it lie for consideration. Mr. SEDGWICK, from the committee to whom was recommitted the bill to punish frauds committed on the Bank of the United States, reported amendments; which were read. Ordered, That they be printed for the use of the members. TUESDAY, January 31. The Senate resumed the consideration of the motion made yesterday, respecting the mode of counting the votes for PRESIDENT and VICE PRESIDENT of the United States; whereupon, Resolved, That Messrs. SEDGWICK, LAURANCE, and READ, be a joint committee on the part of the Senate, with such committee as may be appointed by the House of Representatives, to ascertain and report a mode of examining the votes for PResiDENT and VICE PRESIDENT, and of notifying the persons elected of their election, and for regulating the time, place, and manner, of administering the oath of office to the PRESIDENT. FEBRUARY, 1797.] Proceedings. [SENATE. shall deem proper to be kept secret; and it passed in the negative. Mr. MARTIN laid before the Senate a letter from the Governor of the State of North Carolina, The Senate resumed the consideration of the report of the committee to whom was referred the subject of compensations to the officers of Government; and, after debate, Ordered, That the further consideration there-enclosing the petition of I. Glasgow and others, of be postponed. Mr. TAZEWELL reported, from the committee on the subject of amendments to the Constitution of the United States, which was read, as follows: "That of the twelve amendments proposed by Congress, at their session begun and held in New York on the 4th of March, 1789, the following States ratified the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, prior to the first day of March, 1791, viz: New Jersey, Maryland, North Carolina, South Carolina, New Hampshire, Delaware, New York, Pennsylvania, and Rhode Island; which States, making three-fourths of the then thirteen United States, the said amendments have become a part of the Constitution. praying Congress to extinguish the Indian titles granted to the said Glasgow & Co. by the State of North Carolina. Ordered, That the letter and enclosures be referred to Messrs. HILLHOUSE, HENRY. MARTIN, LAURANCE. and READ, to consider and report thereon to the Senate. Mr. MASON notified the Senate that he should, to-morrow, ask permission to introduce a bill to amend the act, entitled "An act to amend the act, entitled 'An act to enable the officers and soldiers of the Virginia Line, on Continental Establishment to obtain titles to certain lands lying Northwest of the river Ohio, and between the Little Miami and Sciota." WEDNESDAY, February 1. "That the first amendment was ratified prior to the first day of March, 1791, by the following States, viz: New Jersey, Maryland, North Carolina, South Carolina, New Hampshire, New York, and Rhode Island, and, subsequent to that period, by Pennsylvania, Virginia, and Vermont; which number not making three-fourths Mr. GOODHUE reported, from the committee to of the States at the period of ratification, the said amend-whom was referred the "Resolutions relative to ment has not as yet become a part of the Constitution. "That the second amendment was ratified prior to the 1st day of March, 1791, by the following States: Maryland, North Carolina, South Carolina, Delaware, and, subsequent to that period, by Virginia and Vermont; which number not making three-fourths of the States, the said amendment has not become a part of the Constitution. the balances found due by the Commissioners for settling accounts between the United States and the individual States ;" which was read. Ordered, That it lie on the table. The Senate resumed the consideration of the report of the committee to whom was referred the bill to punish frauds committed on the Bank of the United States, and having amended the same, it was adopted, and the bill amended accordingly. Ordered, That this bill pass to a third reading. Conformably to notice given yesterday, Mr. MASON requested and obtained leave to introduce a bill to amend the act, entitled "An act to amend the act, entitled 'An act to enable the officers and soldiers of the Virginia Line, on Continental Establishment, to obtain titles to certain lands lying Northwest of the river Ohio, and between the Little Miami and Sciota." "That the amendment respecting the suability of States, which has been proposed by Congress since March, 1791, has been ratified by the following States: New York, Massachusetts, Vermont, New Hampshire, Georgia, Delaware, Rhode Island, and North Carolina, as appears by authentic documents returned to Congress. The committee have strong reasons to believe that other States have ratified this latter amendment, and that the evidences of the fact have not been as yet returned to the proper Departments of the Government; wherefore, as the number returned do not amount to three-fourths of the States, the said amendment cannot, under pre-informed the Senate that they concur in the resoA message from the House of Representatives sent circumstances, be reported as forming a part of the Constitution." lution sent from the Senate, appointing a joint committee to report the mode of examining and Whereupon, Resolved, by the Senate and House of Repre- counting the votes for PRESIDENT and VICE PREsentatives of the United States, That the PRESI-SIDENT of the United States, and have appointed DENT be requested to adopt some speedy and effec- a joint committee on their part. tual means of obtaining information from the States of Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Kentucky, Tennessee, and South Carolina, whether they have ratified the amendment proposed by Congress to the Constitution concerning the suability of States; if they have, to obtain the proper evidences thereof. Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution. A motion was made, that a Journal, to be denominated the Secret Journal, shall be provided and kept by the Secretary of the Senate, in which shall be entered such parts of the proceedings of the Senate, in their Legislative capacity, as they THURSDAY, February 2. Mr. SEDGWICK reported, from the joint committee appointed on the part of the Senate, on the PRESIDENT, that, in their opinion, the following subject of the election of PRESIDENT and VICE resolution ought to be adopted, viz: "That the two Houses shall assemble in the Chamber of the House of Representatives on Wednesday teller, on the part of the Senate, to make a list of the next, at twelve o'c'ock; that one person be appointed a votes as they shall be declared: That the result shall be delivered to the President of the Senate, who shall announce the state of the vote, and the persons elected, to the two Houses assembled as aforesaid; which shall be deemed a declaration of the persons elected President and Vice President, and, together with a list of votes, be entered on the Journals of the two Houses." On motion, it was agreed to adopt the report, and that Mr. SEDGWICK be the teller of the votes on the part of the Senate. The bill to punish frauds committed on the Bank of the United States was read the third time. On motion, to substitute the punishment of death in place of fourteen years' imprisonment, it passed in the negative. On motion, it was agreed to postpone the question on the final passing of this bill until Monday next. The Senate resumed the consideration of the report of the committee on compensations to the officers of Government, and it was agreed to consider the report, article by article; and, the report being amended, was agreed to as follows: Resolved, That there be allowed to the PRESIDENT OF THE UNITED STATES five thousand dollars per annum, in addition to his compensation by law established, to commence the fourth of March next, and to continue for the term of four years. Resolved, That there be allowed to the VICE PRESIDENT OF THE UNITED STATES two thousand dollars per annum, in addition to his compensation by law established, to commence the fourth of March next, and to continue for the term of four years. [FEBRUARY, 1797. FRIDAY, February 3. Agreeably to the instruction, Mr. GOODHUE reported, from the committee, a bill for increasing the compensations allowed to the members of the Legislature and certain officers of the Government, for a limited time; which was read, and ordered to a second reading. A message from the House of Representatives informed the Senate that they have agreed to the report of the joint committee upon the mode of examining the votes for PRESIDENT and VICE PRESIDENT OF THE UNITED STATES, and have appointed tellers of the votes on their part. The Senate resumed the consideration of the report of the committee, to whom was referred the resolutions of the House of Representatives of the 5th of January, 1797, respecting certain individual States, found by the Commissioners to be indebted to the United States; and, after debate, Ordered, That the further consideration thereof be postponed. Mr. Ross reported, from the committee to whom was referred the memorial of the Illinois and Wabash Land Company; and the report was read, and ordered to lie on the table. Ordered, That the bill respecting the appointment of a health officer and harbor master for the port of Wilmington, in the State of North Carolina, be recommitted. MONDAY, February 6. The bill for increasing the compensations alResolved, That there be allowed to the mem-lowed to the members of the Legislature, and cerbers of the Senate, To the members of the House of Representatives, To the Secretary of the Department of State, To the Secretary of the Department of the Treasury, To the Secretary of the Department of War, To the Attorney General, To the Postmaster General, To the Assistant Postmaster General, To the Comptroller of the Treasury, To the Register of the Treasury, To the Clerk of the House of Representatives, and to the clerks by them severally employed, twenty-five per centum, in addition to the sums they are now respectively allowed by law; which additional compensations shall commence on the first day of January, one thousand seven hundred and ninety-seven, and continue for the term of two years. Ordered, That the committee who made the report bring in a bill accordingly. Resolved, That the Secretary of War be required to report to the Senate, on the different communications of the Governors of Georgia, respecting the pay of militia ordered into service for the protection of the said State. tain officers of the Government, for a limited time, was read the second time. On motion, to expunge the following words from the second enacting clause of the bill, "to the members of the Senate, to the members of the House of Representatives," it passed in the negative-yeas 8, nays 18, as follows: YEAS. Messrs. Bloodworth, Bradford, Cocke, Langdon, Martin, Mason, Ross, and Tazewell. NAYS. Messrs. Bingham, Blount, Brown, Foster, Goodhue, Henry, Hillhouse, Howard, Latimer, Laurance, Livermore, Marshall, Paine, Read, Sedgwick, Stockton, Tichenor, and Vining. On motion, to agree to the second enacting clause of the bill, amended as follows: allowed to the members of the Senate, To the members of the House of Representatives, To the Postmaster General, To the Assistant Postmaster General, To the Clerk of the House of Representatives, and to the Clerks by the Secretary of the Senate and Clerk of the House of Representatives severally employed, to the Sergeant-at-Arms of the House of Representatives, and to the Doorkeepers and the Assistant Doorkeepers of the respective Houses of Congress, twenty-five per centum in addition to the sums they are now respectively allowed by law; which additional compensations shall commence on the first day of January, one thousand seven hundred and ninety-seven, and continue for the term of two years:" It passed in the affirmative-yeas 20, nays 7, as follows: YEAS.-Messrs. Bingham, Bradford, Brown, Foster, Goodhue, Henry, Hillhouse, Latimer, Laurance, Livermore, Marshall, Paine, Read, Ross, Sedgwick, Stockton, Tazewell, Tichenor, Tracy, and Vining. NAYS.-Messrs. Bloodworth, Blount, Cocke, Howard, Langdon, Martin, and Mason. [SENATE. YEAS.-Messrs Bingham, Bradford, Foster, Goodhue, Hillhouse, Latimer, Laurance, Livermore, Marshall, Paine, Read, Ross, Rutherfurd, Sedgwick, Stockton, Tichenor, Tracy, and Vining. NAYS.-Messrs. Bloodworth, Blount, Brown, Cocke, Howard, Hunter, Langdon, Martin, Mason, and Tattnall. So it was Resolved, That this bill pass; that it be engrossed; and that the title thereof be "An act for increasing the compensations allowed to the members of the Legislature and certain officers of the Government, for a limited time." The Senate resumed the consideration of the report of the committee on the resolutions, sent from the House of Representatives for concurrence, "relative to the balances found due by ComOrdered, That this bill pass to the third read-States and the individual States;" and, having missioners for settling accounts between the United ing as amended. The Senate resumed the third reading of the bill to punish frauds committed on the Bank of the United States. On motion to agree to the passing of this bill, it was determined in the negative; yeas 14, nays 14-as follows: YEAS.-Messrs. Bingham, Foster, Goodhue, Henry, Hillhouse, Howard, Latimer, Laurance, Marshall, Ross, Rutherfurd, Sedgwick, Stockton, and Vining. NAYS.-Messrs. Bloodworth, Blount, Bradford, Brown, Cocke, Langdon, Livermore, Martin, Mason, Paine, Read, Tattnall, Tazewell, and Tichenor. The VICE PRESIDENT determined the question in the negative. adopted the same, it was Resolved, That they do concur therein with an amendment. The bill, sent from the House of Representatives for concurrence, entitled "An act in addition to the act, entitled 'An act to establish the Post Office and Post Roads within the United States," was read the second time, and referred to Messrs. READ, TRACY, LAURANCE, Ross, BROWN, HOWARD, and MARTIN, to consider, and report thereon to the Senate. The Senate proceeded to consider the report of the Secretary for the Department of War on the petition of Mary Hibborn. Whereupon, Resolved, That the prayer of the petitioner cannot be granted. The Senate resumed the consideration of the report of the committee on the resolutions sent The VICE PRESIDENT laid before the Senate from the House of Representatives for concur- the petition of Philip Wilson, praying relief and rence, relative to the balances found due by Com- compensation for the loss of the ship Mentor, durmissioners for settling accounts between the Unit-ing the late war; which was read, and ordered to ed States and the individual States. lie on the table. On motion to postpone the consideration of this subject to the first Monday in December next, it passed in the negative. On motion to recommit the report, it passed in the negative; and, after debate, Ordered, That the further consideration thereof be postponed. A message from the House of Representatives informed the Senate that they have passed a bill, entitled "An act in addition to the act, entitled 'An act to establish the Post Office and Post Roads within the United States;" in which they desire the concurrence of the Senate. The bill was read, and ordered to a second reading. TUESDAY, February 7. The bill for increasing the compensations allowed to the members of the Legislature and certain officers of the Government, for a limited time, was read the third time. WEDNESDAY, February 8. The VICE PRESIDENT laid before the Senate a Letter from the Secretary for the Department of War, accompanying a list of invalid pension applicants, belonging to the State of New Jersey; which was read, and ordered to lie on the table. A message from the House of Representatives informed the Senate that they are ready to meet the Senate in the Chamber of that House, agreeably to the report of the joint committee, to attend the opening and examining the votes of the Electors for PRESIDENT and VICE PRESIDENT OF THE UNITED STATES, as the Constitution provides. The two Houses of Congress accordingly assembled in the Representatives' Chamber, and the certificates of the Electors of sixteen States were, by the VICE PRESIDENT, opened and delivered to the tellers, appointed for the purpose, And, on the question to agree to the bill, as who, having examined and ascertained the numamended, it was determined in the affirmative-ber of votes, presented a list thereof to the VICE yeas 18, nays 10, as follows: PRESIDENT, which was read, as follows: Whereupon, the VICE PRESIDENT addressed the two Houses of Congress, as follows: In obedience to the Constitution and Law of the 4 United States, and to the commands of both Houses of 14 Congress, expressed in their resolution passed in the present session, I now declare that Tennessee Kentucky Georgia South Carolina North Carolina Virginia Maryland Pennsylvania 68 FOR THOMAS PINCKNEY. South Carolina 8 1 JOHN ADAMS is elected President of the United States, for four years, to commence with the fourth day of March next; and that THOMAS JEFFERSON is elected Vice President of the United States, for four years, to commence with the 1 fourth day of March next. And may the Sovereign of 4 the Universe, the ordainer of civil government on earth, 3 for the preservation of liberty, justice, and peace, among 2 men, enable both to discharge the duties of these offices 7 conformably to the Constitution of the United States, 12 with conscientious diligence, punctuality, and perse 4 verance. 13 4 59 The VICE PRESIDENT then delivered the votes of the Electors to the Secretary of the Senate, the two Houses of Congress separated, and the Senate returned to their own Chamber, and soon after adjourned. THURSDAY, February 9. The VICE PRESIDENT laid before the Senate the following communication: 3 Gentlemen of the Senate: 13 15 4 In consequence of the declaration made yesterday in the Chamber of the House of Representatives of the 30 election of a President and Vice President of the United States, the record of which has just now been read from your Journal by your Secretary, I have judged it proper to give notice that, on the 4th of March next, at 12 o'clock, I propose to attend again in the Chamber of the House of Representatives, in order to take the oath prescribed by the Constitution of the 1 United States to be taken by the President, to be ad6 ministered by the Chief Justice or such other Judge of the Supreme Court of the United States as can mos 11 conveniently attend; and, in case none of those Judges can attend, by the Judge of the District of Pennsylva2 nia, before such Senators and Representatives of the United States as may find it convenient to honor the transaction with their presence. 3 Ordered, That the Secretary carry an attested |