The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France; and, after progress, Ordered, That the further consideration thereof be postponed.

MONDAY, JANUARY 5, 1801.

A motion was made that the following rule be adopted, to wit:

Resolved, (as a standing rule,) That whenever a treaty shall be laid before the Senate for ratification, it shall be read a first time, for information only; when no motion to reject, ratify, or modify, the whole, or any part, shall be

received.

That its second reading shall be for consideration, and on a subsequent day, when it shall be taken up, as in a committee of the whole, and every one shall be free to move a question on any particular article, in this form-" Will the Senate advise and consent to the ratification of this article?" or to propose amendments thereto, either by inserting or by leaving out words; in which last case, the question shall be, "Shall the words stand part of the article?" And in every of the said cases, the concurrence of two-thirds of the Senators present shall be requisite to decido affirmatively. And when through the whole, the proceedings shall be stated to the House, and questions be again severally put thereon for confirmation, or new ones proposed, requiring, in like manner, a concurrence of two-thirds for whatever is retained or inserted.

That the votes so confirmed shall, by the House, or a committee thereof, he reduced into the form of a ratification, with or without modifications, as may have been decided, and shall be proposed on a subsequent day, when every one shall again be free to move amendments, either by inserting or leaving out words; in which last case, the question shall be, "Shall the words stand part of the resolution?” And in both cases the concurrence of two-thirds shall be requisite to carry the affirmative; as well as on the final question to advise and consent to the ratification, in the form agreed to.

It was agreed that the motion should lie for consideration.

TUESDAY, January 6, 1801.

The Senate resumed the motion, made yesterday, for an additional rulo in the consideration of treaties; and the motion was agreed to, and the rule adopted accordingly.

The Senate proceeded to consider the convention made on behalf of the United States with the Republic of France;

And, the second article being under consideration, a question was moved and put, to wit: "Will the Senato advise and consent to the ratification of this article?" And, after debate,

Ordered, That the further consideration thereof be postponed.

THURSDAY, JANUARY 8, 1801.

The Senate resumed the copsideration of the convention made on behalf of the United States with the Republic of France;

And the second article having been debatod, a question was moved thereon, to wit: "Will the Senate advise and consent to the ratification of this article?"

And the yeas and nays being taken, are as follows: Yean, 11: Nays, 16. Those who voted in the affirmative, are—Messrs. Baldwin, Bloodworth,

Brown, Cocke, T. Foster, Franklin, Greene, Langdon, S. T. Mason, Nicholas, and Paino.

Those who voted in the negative, are-Messrs. Armstrong, Chipman, Dayton, D. Foster, Gunn, Hillhouse, Hindman, Howard, Latimer, Livermore, J. Mason, Morris, Read, Schurcman, Tracy, and Wells.

So it passed in the negative.

And the third article being under consideration, a question was moved and put, "Will the Senate advise and consent to the ratification of this article?" And the yeas and nays being taken, are as follows: Yeas, 12; N ys 15. Those who voted in the affirmative, arc-Messrs. Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greene, Gunn, Langdon, S. T. Mason, and Nicholas.

Those who voted in the negative, are-Messrs. Chipman, Dayton, D. Foster, Hillhouse, Hindman, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Schureman, Tracy, and Wells.

So it passed in the negative.

The Senate proceeded in the consideration of the convention, so far as to the fourteenth article; and, after debate,

Ordered, That the further consideration thereof be postponed.

The following written message was received from the President of the United States, by Mr. Shaw, his Secretary:

Gentlemen of the Senate:

I nominate John Stuart Kerr, Esq., a native of Philadelphia, now resident in the Philippine Islands, to be Consul of the United States for the city and island of Manilla, in the dominion of the king of Spain.

UNITED STATES, January 8th, 1801.

The message was read.

Ordered, That it lie for consideration.

JOHN ADAMS.

The President of the United States this day communicated, also, two additional petitions, in relation to the appointment of Arthur St. Clair, to be Governor of the North Western Territory.

Ordered, That they be referred to the committee appointed the 30th of December last, on this subject,.to consider and report thereon.

FRIDAY, JANUARY 9, 1801.

The Senate proceeded to consider the message of the President of the United States, of the 8th instant, and the nomination contained therein, of John Stuart Kerr, to office. Whereupon,

Resolved, That they do advise and consent to the appointment, agreeably to the nomination.

Ordered, That the Secretary lay this resolution before the President of the United States.

The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France.

On motion, to advise and consent to the adoption of an additional article, to wit:

"It is further agreed, between the said contracting partics, that nothing in this treaty contained, shall be construed or operate contrary to former and existing treaties wtih other states or sovereigns.”

And, on the question, “Will the Senate advise and consent to the adoption of this article?" It passed unanimously in the aflirmative: Yeas 27.

Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Chipman, Cocke, Dayton, D. Foster, Franklin, Greene, Gunn, Hillhouse, Hindman, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Schureman, Tracy, and Wells.

On motion, to advise and consent to the adoption of the following additional article, to wit:

"The present convention shall be in full force during the term of years, to be computed from the time of the exchange of the ratifications." And, after debate,

Ordered, That the further consideration thereof be postponed.

MONDAY, JANUARY 12, 1801.

The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France; and

The motion made on the 9th instant, being amended as follows: The present convention shall be in full force until two years, to be com puted from the day of the signature of the preliminary or other articles of peace, which shall conclude the war in which the French nation is now engaged, or for a term not exceeding years, to be computed from the time of the exchange of the ratifications, whichever event shall first happen. On the question, “Will the Senate advise and consent to the adoption of this article?" Ycas, , Nay,

It was determined in the affirmative, {

The yeas and nays being taken,

25,
1.

Those who voted in the affirmative, are-Messrs. Anderson, Armstrong, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster, Franklin, Greene, Hillhouse, Hindman, Howard, Latimer, Livermore, Morris, Nicholas, Paine, Read, Schureman, Tracy, and Wells. Mr. Langdon voted in the negative.

TUESDAY, JANUARY 13, 1801.

The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France; and,

On motion,

Ordered, That the further consideration thereof be postponed until Thursday next.

THURSDAY, January 15, 1801.

The following written messages were received from the President of the United States, by Mr. Shaw, his Secretary:

Gentlemen of the Senate:

I nominate Marmaduke Wait, of Vermont, Thomas W.Hooper, of Boston, and Presley N. O'Bannon, of Virginia, to be Second Lieutenants in the Marine corps.

UNITED STATES, January 13th, 1801.

JOHN ADAMS.

Gentlemen of the Senate:

I nominate Lucius Horatio Stockton, Esq. of New Jersey, to be Secretary of War, in the place of the Hon. Samuel Dexter, promoted to be Secretary of the Treasury.

UNITED STATES, January 14th, 1801.

The messages were read.

Ordered, That they severally lie for consideration.

JOHN ADAMS.

The Senate resumed the consideration of the convention made on behalf of the United States with the Republic of France. Whereupon,

The Vice-President reported to the House, that the Senate, as in a Committee of the Whole, had had under their consideration the convention, and had gone through the same, and had agreed to sundry modifications, which he proceeded to state to the House, and again to put questions thereon, severally, for confirmation, as follows:

On the question, whether the Senate would advise and consent to the ratification of the second article of the convention?

It passed in the negative,

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Anderson, Baldwin, Bloodworth, Cocke, T. Foster, Franklin, Langdon, Marshall, Nicholas, and Painc.

Those who voted in the negative, arc-Messrs. Bingham, Chipman, Dayton, D. Foster, Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris, Read, Ross, Schureman, Tracy, and Wells.

On the question, whether the Senate would advise and consent to the ratification of the third article of the convention? A motion was made to amend the article, by adding to the end thereof, these words, "or paid for." Whereupon,

A motion was made to amend the amendment by adding thereto the following words: "And so likewise, the merchant ships and vessels which have been taken, and definitively condemned on the one part and the other, shall be restored or paid for.”

On the question to agree to the amendment to the amendment,

It passed in the negative,

The yeas and nays being taken,

Yeas,

Nays,

8,

20.

Those who voted in the affirmative, are-Messrs. D. Foster, Hillhouse, Howard, Latimer, Livermore, Read, Tracy, and Wells.

Those who voted in the negative, are-Messrs. Anderson, Armstrong, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Fos ter, Franklin, Langdon, Marshall, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Ross, and Schureman.

So the amendment to the amendment was lost.

On the question to agree to the original amendment, to wit: to add the words "or paid for;"

-Messrs. Anderson, Armstrong,

Those who voted in the affirmative, are—
Baldwin, Brown, Cocke, S. T. Mason, and Nicholas.

Those who voted in the negative, are-Messrs. Bingham, Bloodworth, Chipman, Dayton, T. Foster, D. Foster, Franklin, Hillhouse, Howard, Langdon, Latimer, Livermore, Marshall, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

So the amendment was lost.

On the question, whether the Senate would advise and consent to the rati fication of the third article?

It passed in the negative, Nays,

The yeas and nays being taken, Those who voted in the affirmative, arc-Messrs. Anderson, Armstrong, Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Greene, Langdon, Marshall, S. T. Mason, and Nicholas.

Those who voted in the negative, are-Messrs. Bingham, Chipman, Dayton, D. Foster, Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

On the question, whether the Senate would advise and consent to the adoption of the first additional article, agreed to as in Committee of the Whole, on the 9th instant?

It passed unanimously in the affirmative: Yeas, 28.

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Anderson, Armstrong, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Fos ter, D. Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.

On motion to fill the blank in the second additional article, agreed to as in Committee of the Whole, with the words, "ten years;"

The yeas and nays being taken, Those who voted in the affirmative, are— e-Messrs. Baldwin, Bloodworth, Brown, Cocke, T. Foster, Franklin, Langdon, S. T. Mason, and Nicholas. Those who voted in the negative, arc-Messrs. Anderson, Armstrong, Bingham, Chipman, Dayton, D. Foster, Greene, Hillhouse, Howard, Latimer, Livermore, J. Mason, Morris, Paine, Read, Ross, Schureman, Tracy, and Wells.

On motion to fill the blank with the words “eight years;"
It passed unanimously in the affirmative: Yeas, 28.

The yeas and nays being taken,

Those who voted in the affirmative, are-Messrs. Anderson, Armstrong, Baldwin, Bingham, Bloodworth, Brown, Chipman, Cocke, Dayton, T. Foster, D. Foster, Franklin, Greene, Hillhouse, Howard, Langdon, Latimer, Livermore, S. T. Mason, J. Mason, Morris, Nicholas, Paine, Read, Ross, Schureman, Tracy, and Wells.

On motion to amend the second additional article, agreed to as in Commit tee of the Whole, by striking out these words, "until two years, to be computed from the day of the signature of the preliminary or other articles of peace, which shall conclude the war in which the French nation is now engaged;"

And, on the question, "Shall these words stand?”

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