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the bill, entitled "An act to revive and continue the act passed the thirtieth day of May, one thousand seven hundred and ninety-six, entitled "An act to regulate the compensation of clerks;" in which amendment to the amendment they desire the concurrence of the Senate;

They agree to some, with amendments, and disagree to other, amendments of the Senate to the bill, entitled An act to provide more effectually for the settlement of accounts between the United States and Receivers of Public Money;"

They have passed a "Resolution for the distribution of an edition of the laws of the United States," in which they desire the concurrence of the Senate.

On motion, it was agreed by unanimous consent to dispense with the rule, and that the bill sent from the House of Representatives for concurrence, entitled "An act making appropriations for the Military and Naval Establishments for the year one thousand seven hundred and ninety-seven," be now read the second time."

Ordered, That this bill be referred to Messrs. TAZEWELL, TRACY, and HENRY, to consider and report thereon to the Senate.

A message from the House of Representatives informed the Senate that the House agree to the amendments of the Senate to the bill, entitled "An act to amend and repeal, in part, the act, entitled 'An act to ascertain and fix the Military Establishment of the United States."

The bill sent from the House of Representatives for concurrence, entitled "An act in addition to the act, entitled 'An act for the relief and protection of American seamen," was read the second time.

Resolved, That the further consideration of this bill be postponed until the next session of Congress.

[MARCH, 1797.

tion by inserting in the 23d line, after the word "Marshals," the words "and Attorneys;" and in the 30th line, before the word "and," to insert the words, "and to the Postmaster General."

Resolved, That this resolution pass with the amendments.

The Senate proceeded to consider the resolution of the House of Representatives, agreeing to some, with amendments, and disagreeing to other, amendments of the Senate to the bill, entitled "An act to provide more effectually for the settlement of accounts between the United States and Receivers of Public Money."

Resolved, That they do recede from their amendments disagreed to, and agree to the amendments to their amendments of the House of Representatives.

Mr. TRACY, from the committee to whom was referred the bill sent from the House of Representatives for concurrence, entitled "An act making appropriations for the Military and Naval Establishments for the year one thousand seven hundred and ninety-seven," reported amendments.

On motion to dispense with the rule, and that this bill be now read the third time, a motion was made, as follows:

"Whereas, by the Constitution of the United States, all Legislative powers are vested in a Congress, which shall consist of a Senate and House of Representatives, with a qualified negative vested in the President of the United States:

"And whereas it is expedient, to the due exercise of their powers of legislation, that a reasonable time, and an opportunity for deliberate discussion, should be afforded to each branch of the Legislature, as also time for consideration allowed to the President of the United States:

"And whereas the bill making appropriations for the Military Establishment of the United States has been On motion, it was agreed by unanimous consent kept back till the last day on which the present Conto dispense with the rule, and that the bill to au-gress can sit; whereby the Senate is, in effect, deprived thorize the sale of the lands between the Great and Little Miami rivers, in the Western Territory of the United States, and giving a pre-emption of the same to certain purchasers and settlers, be now read the third time.

Resolved, That this bill pass; that it be engrossed; and that the title thereof be, "An act to authorize the sale of the lands between the Great and Little Miami rivers, in the Western Territory of the United States, and giving a pre-emption of the same to certain purchasers and settlers."

The Senate proceeded to consider the amendment of the House of Representatives to the amendment of the Senate to the bill, entitled "An act to revive and continue the act passed the thirtieth of May, one thousand seven hundred and ninety-six, entitled 'An act to regulate the compensation of

clerks.""

Resolved, That they do agree to the said amend

ment.

tion of the large appropriations made by the said act, of the power and opportunity of a deliberate investigaand are called upon, in violation of the known rules of their proceedings, to pass an important act almost instanter, and without the possibility of the several members of the Senate even reading over, much less for a full and deliberate investigation of, a bill of the greatest importance, or, by a rejection of the said bill, to throw the public business into great confusion: therefore

"Resolved, That the withholding bills of so great importance till so late a period has in fact a tendency to infringe, if not totally to defeat, the Legislative power and check vested by the Constitution in the Senate of the United States.

"Resolved, That three readings in one day of the bill, entitled 'An act making appropriations for the Military and Naval Establishments for the year one thousand seven hundred and ninety-seven,' shall not be drawn into precedent hereafter.

not hereafter originate any bill for appropriating moneys "Resolved, That the Senate of the United States will The Senate proceeded to consider the "Resolu-Naval Departments, nor any law of general importance for the support of Government, or of the Military and tion for the distribution of an edition of the laws to the public, at any time after ten days (Sundays exof the United States," sent from the House of cluded) before the day on which the second session of Representatives for concurrence. Constitution; nor will the Senate receive and act upon any Congress of the United States will expire under the

Ön motion, it was agreed to amend the resolu

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any such bills, if originated in the House of Represent atives of the United States at a day later than is herein before prescribed; nor will the Senate receive any other bill at a later day, in any session of Congress, than will allow three days (exclusive of Sundays) for the due and deliberate reading and discussion of such bills.

On which, a motion was made that the consideration of this motion be postponed to the next session of Congress; and it was determined in the affirmative-yeas 18, nays 8, as follows:

YEAS.-Messrs. Bloodworth, Blount, Bradford, Cocke, Foster, Goodhue, Gunn, Hillhouse, Howard, Langdon, Livermore, Marshall, Martin, Mason, Paine, Tattnall, Tazewell, and Tichenor.

NAYS.-Messrs. Bingham, Latimer, Laurance, Read, Ross, Rutherfurd, Sedgwick, and Stockton.

Resolved, That the bill last mentioned pass with

amendments.

A message from the House of Representatives informed the Senate that the House have postponed the consideration of the bill, entitled "An act 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, between the Little Miami and Sciota;"" and the bill, entitled "An act to authorize the sale of the lands between the Great and Little Miami rivers, in the Western Territory of the United States, and giving a preemption of the same to certain purchasers and settlers"-until the first Monday of December next.

They have passed a bill, entitled "An act for the relief of John Brown," and a bill, entitled "An act to authorize the adjustment and payment at the Treasury of the expenses of George Smith and John Robertson, for their ransom from captivity at Algiers;" in which bills they desire the concurrence of the Senate.

They have passed the bill sent from the Senate for concurrence, entitled "An act concerning the Circuit Courts of the United States," with amend ments; in which they desire the concurrence of the Senate.

They concur in the bill sent from the Senate for concurrence, entitled "An act to alter the time of the next meeting of Congress."

They agree to the amendments of the Senate to the "Resolution for the distribution of an edition of the laws of the United States."

[SENATE.

of the expenses of George Smith and John Robertson, for their ransom from captivity at Algiers," was read; and it was agreed, by unanimous consent, to dispense with the rule, and that this bill be now read the second time.

last named to consider and report thereon to the Ordered, That it be referred to the committee Senate.

The Senate adjourned to six o'clock in the evening.

FRIDAY EVENING, March 3.

Mr. BRADFORD, from the committee to whom was referred the two bills last mentioned, reported that they severally pass without amendment; and, by unanimous consent, these bills were severally read the third time.

Resolved, That the Senate concur in these bills respectively.

The Senate proceeded to consider the report of the committee to whom was referred the letter and enclosures from the Governor of North Carolina, relative to the extinguishment of the Indian title to lands granted to I. Glasgow and Co. by the State of North Carolina; the address of the Legislature of the State of Tennessee, on the same subject; and, also, the petition of I. Glasgow and others, relative to lands entered in the office of John Armstrong, Esq., and since ceded to theUnited States; which report is as follows:

"That the State of North Carolina did, by a law passed on the 2d day of May, 1778, declare the Western boundary or line of said State, comprehending all the lands then claimed to have been ceded by the Indians or conquered from them, which line did not extend so far westwardly, or into the Indian country, as the present boundary line between the United States and the Indian tribes; declaring all past entries or surveys to be void, and prohibiting all future entries or surveys over and beyond said line, which was also recognised by a law passed the 13th of September, 1780. claring it expedient to extend the Western boundary of On the 17th of May, 1783, said State passed a law deextended to the Mississippi, including the lands in quessaid State, and that the same was, in and by said law, tion, and opening a land office for entering and surveying the same, for the discharge of certain debts of said State, contracted during the late war; excepting, from such entry and survey, certain tracts described in said act, and declared to be reserved for the Indians and other special purposes. The entries and surveys which have been made by the claimants on the lands in question, were under said act, and an act of the 2d of June, 1784; but it does not appear that the Indian title to said lands has ever been extinguished. The Treaty of Hopewell, between the United States and the Cherokee tribe of Indians, made on the 28th of November, 1785, esexcluded a large portion of the lands which are claimed tablished a line between the United States and said tribe, to have been entered and surveyed under said acts; at and entered his protest against it, as intrenching upon which Treaty, the agent of North Carolina attended, the rights of that State; this Treaty was, however, agreed to, and ratified by the United States and said The bill, sent from the House of Representa-tribe, on the 21st of November, 1789. North Carolina tives for concurrence, entitled "An act to author-acceded to the present Constitution of the United States, ize the adjustment and payment, at the Treasury, and, on the 22d of December following, passed an act

The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act concerning the Circuit Courts of the United States;" and

Resolved, That they do concur therein. The bill, sent from the House of Representatives for concurronce, entitled "An act for the relief of John Brown," was read; and it was agreed, by unanimous consent, to dispense with the rule, and that this bill be now read the second time.

Ordered, That it be referred to Messrs. BRADFORD, GOODHUE, and HENRY, to consider and report thereon to the Senate.

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ceding to the United States all her claim to territory lying west of a certain line, and including all the said lands; in which cession it is, among other things, made a condition "that all entries made by, or grants made to, all and every person or persons whatsoever, agreeable to law, and within the limits thereby intended to be ceded to the United States, should have the same force and effect as if such cession had not been made; and that all and every right of occupancy and preemption, and every other right, reserved by any act or acts to persons settled on and occupying lands within the limits of the lands hereby intended to be ceded as aforesaid, shall continue to be in full force, in the same manner as if the cession had not been made, and as con

[MARCH, 1797.

of the United States of America in Congress assembled, That the Attorney General of the United States be directed to institute and prosecute such suit or suits, in law or equity, as, in his judgment, may be proper, to recover and obtain of John Cleves Symmes, and his associates, payment for the surplus lands contained in the grant made to him by the United States, or to vacate the said grant for so much land as the said grant has been improperly obtained for."

Ordered, That the consideration of this motion be postponed.

may appoint on their part, to wait on the PRESIDENT OF THE UNITED STATES, and notify him that, unless he hath any further communications to make to the two Houses of Congress, they are ready to adjourn.

Ordered, That Messrs. STOCKTON and SEDGWICK be a joint committee, on the part of the Seditions upon which the said lands are ceded to the Unit-nate, with such as the House of Representatives ed States, which cession was, by an act of Congress of the 2d of April, 1790, accepted. On the 2d of July, 1791, the Treaty of Holston was made with the said Cherokee tribe of Indians, in which the present boundary line between the United States and the said Indian tribe was established, and all the lands lying beyond the said line secured thereby to the said tribe. It appears to the committee, that whatever right the claimants have can be no other than a pre-emptive right to said land, and only such of them as by conforming to the laws of the State of North Carolina, so as to have secured to themselves a title under such laws, and cannot claim of the United States anything more than a confirmation of that title; and therefore recommend the following resolutions:

"Resolved, That as soon as the Indian title to the said lands shall be extinguished, under the authority of the United States, by purchase or otherwise, provision ought, by law, to be made to secure to such of the said claimants, as, by conforming to the laws of North Carolina, have secured to themselves a title to the right of pre-emption under such laws, the occupancy and pos

session of such lands.

A message from the House of Representatives informed the Senate that the House have appointed a joint committee on their part, to wait on the PRESIDENT OF THE UNITED STATES, and notify him, that, unless he hath any further communications to make to the two Houses of Congress, they are ready to adjourn.

Mr. SEDGWICK reported, from the joint committee last mentioned, that the PRESIDENT OF THE UNITED STATES hath no further communication

to make, except his wishes for the health and
happiness of the members of the two Houses of
Congress respectively. Whereupon,
The Senate adjourned without day.

SPECIAL SESSION.

SATURDAY, March 4.

"Resolved, That provision ought, by law, to be made for opening a land office, for the sale of lands lying within the limits of the State of Tennessee, belonging to the United States, to which the Indian title has been extin- To the Vice President and Senators of guished, providing that the occupants shall have a priority in the location of such of the said lands as now are in their actual possession and improvement, upon such reasonable terms as may be fixed by law."

Ordered, That the further consideration of this report be postponed to the next session of Congress.

A message from the House of Representatives informed the Senate that the House agree to the first, and disagree to the second, amendment of the Senate to the bill, entitled "An act making appropriations for the Military and Naval Establishments, for the year one thousand seven hundred and ninety-seven."

Resolved, That the Senate recede from their amendment, disagreed to by the House of Representatives.

Mr. HOWARD reported, from the committee to whom was recommitted the bill respecting the appointment of an health officer and harbor master for the port of Wilmington, in the State of North Carolina.

Ordered, That the further consideration of this bill be postponed to the next session of Congress. On motion, that it be

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Resolved, by the Senate and House of Representatives

the United States, respectively :

the United States should be convened on Saturday, the SIR: It appearing to me proper that the Senate of fourth of March instant, you are desired to attend in the Chamber of the Senate, on that day, at ten o'clock in the forenoon, to receive any communications which the President of the United States may then lay before you, touching their interests.

MARCH 1, 1797.

G. WASHINGTON.

In conformity with the summons from the PRESIDENT OF THE UNITED STATES, above recited, the Senate accordingly assembled in their Chamber.

PRESENT:

THOMAS JEFFERSON, Vice President of the Uni-
ted States and President of the Senate.
JOHN LANGDON and SAMUEL LIVERMORE, from
New Hampshire;

THEODORE SEDGWICK and BENJAMIN GOODHUE, from Massachusetts;

THEODORE FOSTER, from Rhode Island;
JAMES HILLHOUSE and URIAH TRACY, from
Connecticut;

ELIJAH PAINE and ISAAC TICHENOR, from Ver

mont;

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JOHN LAURANCE, from New York;
RICHARD STOCKTON, from New Jersey;
JAMES ROSS and WILLIAM BINGHAM, from
Pennsylvania;

JOHN VINING and HENRY LATIMER, from Dela

ware;

JOHN HENRY and JOHN E. HOWARD, from Maryland;

HENRY TAZEWELL and STEVENS T. MASON, from Virginia;

JOHN BROWN and HUMPHREY MARSHALL, from Kentucky;

ALEXANDER MARTIN and TIMOTHY BLOOD-
WORTH, from North Carolina;

WILLIAM BLOUNT, from Tennessee;
JACOB READ, from South Carolina;
JAMES GUNN and JOSIAH TATTNALL, from
Georgia.

Mr. BINGHAM administered the oath of office to the VICE PRESIDENT, who took the Chair, and the credentials of the following members were read: Of Mr. FOSTER, Mr. GOODHUE, Mr. HILLHOUSE, Mr. HOWARD, Mr. LATIMER, Mr. MASON, Mr. Ross, and Mr. TICHENOR.

And the oath of office being severally administered to them by the VICE PRESIDENT, they took their seats in the Senate.

[SENATE.

which the Constitution eventually devolves on this office. These have been justly confided to the eminent character which has preceded me here, whose talents and integrity have been known and revered by me through a long course of years, have been the foundation of a cordial and uninterrupted friendship between us, and I devoutly pray he may be long preserved for the government, the happiness, and prosperity, of our common country.

On motion, it was agreed to repair to the Chamadministration of the oath of office to JOHN ADAMS, ber of the House of Representatives to attend the President of the United States; which the Senate accordingly did; and, being seated, the PRESIDENT OF THE UNITED STATES (attended by the Heads of Departments, the Marshal of the District, and of Representatives and took his seat in the Chair his officers) came into the Chamber of the House PRESIDENT and Secretary of the Senate were usually occupied by the SPEAKER. The VICE seated in advance, inclining to the right of the PRESIDENT, the late SPEAKER of the House of Representatives and Clerk on the left, and the Justices of the Supreme Court were seated round a table in front of the PRESIDENT OF THE UNITED

STATES. The late PRESIDENT OF THE UNITED

STATES, the great and good WASHINGTON, took a seat, as a private citizen, a little in front of the

The VICE PRESIDENT then addressed the Senate seats assigned for the Senate, which were on the

as follows:

Gentlemen of the Senate:

Entering on the duties of the office to which I am called, I feel it incumbent on me to apologize to this honorable House for the insufficient manner in which I fear they may be discharged. At an earlier period of my life, and through some considerable portion of it, I have been a member of Legislative bodies, and not altogether inattentive to the forms of their proceedings; but much time has elapsed since that; other duties have occupied my mind, and, in a great degree, it has lost its familiarity with this subject. I fear that the House will have but too frequent occasion to perceive the truth of this acknowledgment. If a diligent attention, however, will enable me to fulfil the functions now assigned me, I may promise that diligence and attention shall be sedulously employed. For one portion of my duty, I shall engage with more confidence, because it will depend on my will and not my capacity. The rules which are to govern the proceedings of this House, so far as they shall depend on me for their application, shall be applied with the most rigorous and inflexible impartiality, regarding neither persons, their views, nor principles, and seeing only the abstract proposition subject to my decision. If, in forming that decision, I concur with some and differ from others, as must of necessity happen, I shall rely on the liberality and candor of those from whom I differ, to believe, that I do it on pure motives.

I might here proceed, and with the greatest truth, to declare my zealous attachment to the Constitution of the United States, that I consider the union of these States as the first of blessings, and as the first of duties the preservation of that Constitution which secures it; but I suppose these declarations not pertinent to the occasion of entering into an office whose primary business is merely to preside over the forms of this House, and no one more sincerely prays that no accident may call me to the higher and more important functions 4th CoN.-52

South side of the House, the foreign Ministers and Members of the House of Representatives took their usual seats-a great concourse of both sexes being present. After a short pause, the PRESIDENT OF THE UNITED STATES arose, and communicated the following Address:

"When it was first perceived, in early times, that no middle course for America remained, between unlimited submission to a foreign Legislature, and a total independence of its claims, men of reflection were less apprehensive of danger, from the formidable power of fleets and armies they must determine to resist, than from those contests and dissensions, which would certainly arise concerning the forms of government to be instituted over the whole and over the parts of this extensive country. Relying, however, on the purity of their intentions, the justice of their cause, and the integrity and intelligence of the people, under an overruling Providence, which had so signally protected this country from the first, the representatives of this nation, then consisting of little more than half its present number, not only broke to pieces the chains which were forging, and the rod of iron that was lifted up, but frankly cut asunder the ties which had bound them, and launched into an ocean of uncertainty.

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The zeal and ardor of the people, during the Revolutionary war, supplying the place of government, commanded a degree of order, sufficient at least for the preservation of society. The Confederation, which was early felt to be necessary, was prepared from the models of the Batavian and Helvetic Confederacies, the only examples which remain, with any detail and precision, in history, and certainly the only ones which the people at large had ever considered. But, reflecting on the striking difference, in many particulars, between this country and those where a courier may go from the seat of Government to the frontier in a single day, it was then certainly foreseen by some who assisted in Congress at the formation of it, that it could not be durable.

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"Negligence of its regulations, inattention to its recommendations, if not disobedience to its authority, not only in individuals but in States, soon appeared, with their melancholy consequences; universal languor; jealousies and rivalries of States; decline of navigation and commerce; discouragement of necessary manufactures; universal fall in the value of lands and their produce; contempt of public and private faith; loss of consideration and credit with foreign nations; and, at length, in discontents, animosities, combinations, partial conventions, and insurrection, threatening some great national calamity.

"In this dangerous crisis, the people of America were not abandoned by their usual good sense, presence of mind, resolution, or integrity. Measures were pursued to concert a plan, to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty. The public disquisitions, discussions, and deliberations, issued in the present happy Constitution of Government.

"Employed in the service of my country abroad, during the whole caurse of these transactions, I first saw the Constitution of the United States in a foreign country. Irritated by no literary altercation, animated by no public debate, heated by no party animosity, I read it with great satisfaction, as a result of good heads, prompted by good hearts; as an experiment, better adapted to the genius, character, situation, and relations, of this nation and country, than any which had ever been proposed or suggested. In its general principles and great outlines, it was conformable to such a system of government as I had ever most esteemed, and in some States, my own native State in particular, had contributed to establish. Claiming a right of suffrage, in common with my fellow-citizens, in the adoption or rejection of a Constitution which was to rule me and my posterity, as well as them and theirs, I did not hesitate to express my approbation of it, on all occasions, in public and in private. It was not then, nor has been since, any objection to it, in my mind, that the Executive and Senate were not more permanent. Nor have I ever entertained a thought of promoting any alteration in it, but such as the people themselves, in the course of their experience, should see and feel to be necessary or expedient, and by their Representatives in Congress and the State Legislatures, according to the Constitution itself, adopt and ordain.

"Returning to the bosom of my country, after a painful separation from it, for ten years, I had the honor to be elected to a station under the new order of things, and I have repeatedly laid myself under the most serious obligations to support the Constitution. The operation of it has equalled the most sanguine expectations of its friends, and from an habitual attention to it, satisfaction in its administration and delight in its effects upon the peace, order, prosperity, and happiness of the nation, I have acquired an habitual attachment to it, and veneration for it.

"What other form of Government, indeed, can so well deserve our esteem and love?

"There may be little solidity in an ancient idea, that congregations of men into cities and nations are the most pleasing objects in the sight of superior intelligences: but this is very certain, that, to a benevolent human mind, there can be no spectacle presented by any nation more pleasing, more noble, majestic, or august, than an assembly like that which has so often been seen in this and the other chamber of Congress, of a Government,

[MARCH, 1797.

in which the Executive authority, as well as that of all the branches of the Legislature, are exercised by citizens selected, at regular periods, by their neighbors, to make and execute laws for the general good. Can anything essential, anything more than mere ornament and decoration, be added to this by robes and diamonds? Can authority be more amiable and respectable, when it descends from accidents, or institutions established in remote antiquity, than when it springs fresh from the hearts and judgments of an honest and enlightened people? For, it is the people only that are represented: it is their power and majesty that are reflected, and only for their good, in every legitimate Government, under whatever form it may appear. The existence of such a Government as ours, for any length of time, is a full proof of a general dissemination of knowledge and virtue throughout the whole body of the people. And what object or consideration more pleasing than this can be presented to the human mind? If national pride is ever justifiable or excusable, it is when it springs, not from power or riches, grandeur or glory, but from conviction of national innocence, information, and benevolence.

"In the midst of these pleasing ideas, we should be unfaithful to ourselves, if we should ever lose sight of the danger to our liberties, if anything partial or extraneous should infect the purity of our free, fair, virtuous, and independent elections. If an election is to be determined by a majority of a single vote, and that can be procured by a party, through artifice or corruption, the Government may be the choice of a party, for its own ends, not of the nation for the national good. If that solitary suffrage can be obtained by foreign nations, by flattery or menaces, by fraud or violence, by terror, intrigue, or venality, the Government may not be the choice of the American people, but of foreign nations. It may be foreign nations who govern us, and not we the people who govern ourselves. And candid men will acknowledge, that, in such cases, choice would have little advantage to boast of, over lot or chance.

"Such is the amiable and interesting system of Government (and such are some of the abuses to which it may be exposed) which the people of America have exhibited to the admiration and anxiety of the wise and virtuous of all nations, for eight years, under the administration of a citizen, who, by a long course of great actions, regulated by prudence, justice, temperance, and fortitude, conducting a people, inspired with the same virtues, and animated with the same ardent patriotism and love of liberty, to independence and peace, to increasing wealth and unexampled prosperity, has merited the gratitude of his fellow-citizens, commanded the highest praises of foreign nations, and secured immortal glory with posterity.

"In that retirement which is his voluntary choice, may he long live to enjoy the delicious recollection of his services, the gratitude of mankind, the happy fruits of them to himself and the world, which are daily increasing, and that splendid prospect of the future fortunes of this country, which is opening from year to year. His name may be still a rampart, and the knowledge that he lives a bulwark, against all open or secret enemies of his country's peace. This example has been recommended to the imitation of his successors, by both Houses of Congress, and by the voice of the Legislatures and the people throughout the nation.

"On this subject it might become me better to be silent, or to speak with diffidence; but, as something may be expected, the occasion, I hope, will be admitted

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