the transaction with their presence."-The Senate have appointed a committee, on their part, to join such committee as may be appointed on the part of this House, to consider whether any, and, if any, what, measures ought to be adopted for the further accommodation of the President, for the term commencing on the fourth day of March next: And then he withdrew. The said address was read, and ordered to lie on the table. The House proceeded to consider so much of the said message as relates to the appointment of a joint committee of the two Houses, to consider whether any, and, if any, what, further measures ought to be adopted for the further accommodation of the President, for the term commencing on the fourth day of March next: Whereupon, Resolved, That Mr. Sitgreaves, Mr. Parker, and Mr. Jeremiah Smith, be appointed of the said committee, on the part of this House. On motion, Resolved, That the vote of this House on the farther report, made this day from the joint committee appointed to ascertain and report a mode of examining the votes for President and Vice President, and of notifying the persons elected of their election, which directs the Clerk of this House to notify, by letter, the Vice President elect of his election, be rescinded. Ordered, That the Clerk of this House do acquaint the Senate therewith. On a motion made and seconded, that the House do come to the following resolutions: Resolved, That the method of taking evidence to be adduced in the trial of contested elections for this House shall, hereafter, be as follows: First. The party intending to contest an election, shall give notice of such intention to the person returned. If it be an election in the usual course, this notice shall be given at least weeks, before the time when the said person is to take his seat; if not in the usual course, but to fill a vacancy, then the notice shall be given within days after the persons appointed to hold the clection, shall have made known, publicly, the state of the poll. The notice shall be delivered in writing, at the usual residence of the person returned; and if he be absent shall be left there open. Secondly. Either party intending to take examinations, shall then apply to some Justice, or Judge of the Courts of the United States, or some Chancellor, Justice, or Judge of a Supreme, Superior, or County Court, or Court of Common Pleas of any State, or some Mayor, or Chief Magistrate of a town or city, and shall obtain a notification, under his hand and seal, directed to the opposite party, and requiring him to attend, by himself, or his attorney, duly authorized, and cross examine the witnesses. This notification shall state the time and place of examination, and the names of the witnesses, and it shall be served on the opposite party, or his attorney, duly authorized, as either may be nearest to such place, provided either is within one hundred miles of it. For attendance after serving the notification, one day, exclusive of Sundays, shall be allowed for every twenty miles. Thirdly. In all cases where either party shall give notice to the other of his having appointed an attorney for the purposes aforesaid, it shall be necessary to serve the above mentioned notification on the attorney. Fourthly. Every person deposing, shall make oath or affirmation to testify the whole truth, and shall subscribe the testimony by him or her given, which shall be reduced to writing only by the magistrate taking the deposition, or by the deponent in his presence. The deposition, so taken, together with a certificate of the notices, and proof of the service of them, shall be sealed up by the magistrate who took it, and transmitted to the Speaker of this House. Resolved, That the examinations of witnesses, taken in this manner, and no other, shall hereafter be admitted on the trials of contested elections. Resolved, That copies of any papers recorded in any office of record, provided those copies be attested under the hand and seal of the recording officer, shall be admitted at all such trials, in the same manner as the originals would be, if produced. In like manner, copies of any other papers of a public nature, and remaining in the possession of a public officer, shall be admitted, when attested under the hand and seal of that officer. Resolved, That copies of those resolutions shall be forwarded, forthwith, to the Executive of every State, with a request that they will cause the managers of every election, in their respective States, to be furnished with at least one copy. Ordered, That the said motion be committed to a Committee of the Whole House on Monday next. A message from the Senate, by Mr. Otis, their Secretary: Mr. Speaker: The Senate have disagreed to the farther report, made this day, of the Joint Committee appointed to ascertain and report a mode of examining the votes for VOL. II-87 President and Vice President, and of notifying the persons elected, of their election. The Senate have appointed a committee, on their part, to confer with such committee as may be appointed on the part of this House, on a proper mode of notifying the Vice President elect of his election. And then he withdrew. The House proceeded to consider the said message: Whereupon, Resolved, That Mr. Sitgreaves, Mr. Parker, and Mr. Jeremiah Smith, be appointed of the said committee on the part of this House. Ordered, That the Clerk of this House do acquaint the Senate therewith. Mr. Gallatin, from the committee to whom was re-committed, on the fifth ultimo, the report of the Attorney General, relative to the contract entered into between the United States and John Cleves Symmes, together with the documents accompanying the same, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Monday next. The Speaker laid before the House a letter from the Secretary of the Treasury, accompanying a statement of goods, wares, and merchandise, exported from the United States during one year prior to the thirtieth of September, one thousand seven hundred and ninety-six ; which were read, and ordered to be referred to the Committee of Ways and Means. Mr. Gallatin, from the committee appointed, presented, according to order, a bill allowing a drawback upon domestic distilled spirits exported in vessels of less than thirty tons, by the Mississippi; which was received, and read the first time. On motion, The said bill was read the second time, and ordered to be committed to a Committee of the Whole House on Saturday next. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill making appropriations for the support of Government, and a partial appropriation for the Military Establishment, for the year one thousand seven hundred and ninety-seven; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, had the said bill under consideration, and made some progress therein. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said bill. On motion, Resolved, That the Secretary of the Treasury be directed to lay before this House a detailed statement of the application and expenditure of all the sums which have been appropriated for defraying the extra expenses attending the intercourse with foreign nations, excepting from the same, such statements as are already contained in any confidential communication of the President of the United States. The several orders of the day were further postponed until to-morrow. FRIDAY, FEBRUARY 10, 1797. Mr. Sitgreaves, from the committee appointed yesterday, on the part of this House, to confer with a committee appointed by the Senate on a proper mode of notifying the Vice President elect of his election, made a report; which he delivered in at the Clerk's table; where the same was twice read, and agreed to by the House, as followeth : Resolved, That the notification of the election of the Vice President elect, be made by such person, and in such manner, as the Senate may direct. Ordered, That the Clerk of this House do acquaint the Senate therewith. Mr. Dwight Foster, from the Committee of Claims, to whom were referred the petitions of Peter Grove, of William Moore, and of Presley Thornton, made reports; which were severally read and considered: Whereupon, Resolved, That the prayer of the petitions of the said Peter Grove, William Moore, and Presley Thornton, cannot be granted. Mr. William Smith, from the Committee of Ways and Means, presented, according to order, a bill repealing, in part, the "act concerning the duties on spirits distilled within the United States," passed the eighth of May, one thousand seven hundred and ninety-two, and imposing certain duties on the capacity of stills of a particular description; which was received and read the first time. On motion, The said bill was read the second time, and ordered to be committed to a Commitmittee of the Whole House on Tuesday next. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the report of the committee of the twenty-fifth ultimo, to whom it was referred to inquire into the state of the Naval equipment ordered by former acts of Congress, and whether any, and what, other Naval force is necessary for the protection of the commerce of the United States, and the support of their flag; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, had the said report under consideration, and made some progress therein. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said report. On motion, Resolved, That the Secretary of the Treasury lay before this House such information as he may possess, or be able to obtain, relative to the expenses of prosecuting the claims of our citizens whose property has been captured by the belligerent Powers, for which the sum of fifty thousand dollars is inserted in his estimate of appropriations for the present year. Mr. William Lyman, from the committee appointed on the sixteenth of December last, to inquire into the actual state of the fortifications of the ports and harbors of the United States, and whether any, and what, further provision is necessary to be made on that subject, made a report; which was read, and ordered to lie on the table. The several orders of the day were further postponed until to-morrow. SATURDAY, FEBRUARY 11, 1797. A petition of Susannah Russell, of the State of Virginia, widow and administratrix of Charles Russell, deceased, was presented to the House and read, praying relief, in the case of certain lands granted for the military services of the deceased, as an officer in the Virginia line on the State establishment, during the late war, which have been ceded by the United States to the Chickasaw nation of Indians. Ordered, That the said petition be referred to the Committee of Claims. Ordered, That the report of the committee appointed on the sixteenth of December last, to inquire into the actual state of the fortifications of the ports and harbors of the United States, and whether any, and what, further provision is necessary to be made on that subject, which lay on the table, be committed to a Committee of the Whole House on Wednesday next. Mr. Dwight Foster, from the Committee of Claims, to whom were referred the petitions of Ludwig Kuhn and of Mordecai Shefiall, made a report; which was read, and considered: Whereupon, Resolved, That the prayer of the petition of Ludwig Kuhn cannot be granted. Ordered, That such parts of the said report as relate to the petition of Mordecai Sheftall, be committed to a Committee of the Whole House on Wednesday next. Mr. Dwight Foster, from the Committee of Claims, to whom were referred the petition of the Corporation of Rhode Island College, and a report of the Secretary of the Treasury thereon, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Wednesday next. On motion, Resolved, That a committee be appointed to inquire into the propriety of authorizing the accounting officers of the Treasury to adjust and settle all such necessary expenses and reasonable demands as have been occasioned by the prosecution and trial of persons for offences, during the late insurrection, to be paid out of the fund appropriated by the act of the last session; and that the said committee report thereon by bill or otherwise. Ordered, That Mr. Gallatin, Mr. Swift, and Mr. Nicholas, be appointed a committee pursuant to the said resolution. The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the report of the Committee of the twenty-fifth ultimo, to whom it was referred to inquire into the state of the Naval equipment, ordered by former acts of Congress, and whether any, and what, other Naval force is necessary for the protection of the commerce of the United States, and the support of their flag; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, again had the said report under consideration, and directed him to report their agreement to the first and third resolu tions contained in the said report, with amendments, and, also, their disagreement to the second resolution. The resolutions, as originally reported by the Select Committee, were read at the Clerk's table, as follow: 1. "Resolved, That dollars be appropriated to finish, and equip for sea, the frigates United States, Constitution, and Constellation. 2. "Resolved, That dollars ought to be appropriated for the purpose of buying and fitting up for the United States a proper site for a Naval yard. 3. "Resolve, That dollars ought to be appropriated for the purpose of purchasing live oak and red cedar timber, or lands stored with it, for Naval purposes." The first resolution being again read, the first amendment thereto, reported by the Committee of the Whole House, for striking out the words " and equip for sea,” was, on the question put thereupon, agreed to by the House. The other amendment to the said first resolution reported by the Committee of the Whole House, for adding thereto the following words," and that all such parts of the act, entitled 'An act to provide a Naval armament,' as relate to the appointing and commissioning of the officers, and manning the ships, in and by the said act directed to be provided, ought to be repealed, except so far as may relate to any officers already appointed under the said act," was, on the question put thereupon, agreed to by the House-Yeas 63, Nays 28. The yeas and nays being demanded by one-fifth of the members present, Those who voted in the affirmative, are, John Milledge, Francis Preston, John Recd, John Richards, Richard Sprigg, jun. Nicholas Gilman, Henry Glen, Chauncey Goodrich, Robert Goodloe Harper, Thomas Hartley, William Hindman, Samuel Lyman, William Vans Murray, Josiah Parker, Samuel Sewall, Samuel Sitgreaves, Samuel Smith, William Smith, George Thatcher, Mark Thomson, and And then the main question being taken, that the House do agree to the said first resolution, amended to read as followeth : "Resolved, That dollars be appropriated to finish the frigates United States, Constitution, and Constellation; and that all such parts of the act, entitled 'An act to provide a Naval armament,' as relate to the appointing and commissioning of the officers, and manning the ships, in and by the said act directed to be provided, ought to be repealed, except so far as may relate to any officers already appointed under the said act :" It was resolved in the affirmative. The second resolution, to which the Committee of the Whole House reported their disagreement being again read, The question was taken that the House do agree with the Committee of the Whole House, in their disagreement to the same, And resolved in the affirmative, S Yeas 69, . 21. The yeas and nays being demanded by one-fifth of the members present, Those who voted in the affirmative, are, Theodorus Bailey, Abraham Baldwin, Theophilus Bradbury, Nathaniel Freeman, jun. Roger Griswold, Carter B. Harrison, Thomas Hartley, John Hathorn, Jonathan N. Havens, John Heath, William Hindman, James Holland, Those who voted in the negative, are, Demsey Burges, William Craik, Samuel W. Dana, George Dent, Samuel Lyman, William Lyman, Richard Sprigg, jun. Dwight Foster, Ezekiel Gilbert, Henry Glen, Chauncey Goodrich, |