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John G. Jackson,

Walter Jones,
William Kennedy,
Aaron Lyle,
Robert Marion,
Alexander M'Kim,
Pleasant M. Miller,
John Montgomery,
Nicholas R. Moore,
Thomas Moore,
Jeremiah Morrow,
Gurdon S. Mumford,
Roger Nelson,

Thomas Newton,
John Nicholson,

John Porter,

John Rea, (Pennsylvania)

John Rhea, (Tennessee)
Matthias Richards,

John Roane,
Ebenezer Sage,
Thomas Sammons,
Adam Seybert,
Samuel Shaw,
Dennis Smelt,
John Smilie,
George Smith,
John Smith,
Henry Southard,
John Taylor,

John Thompson,

Charles Turner, junior,

Robert Weakley,

Robert Whitehill.

The question was then taken on the first member of the said fourth amendment, which proposes to strike out the third section of the bill,

And resolved in the affirmative.

The question was then taken on the second member of the said fourth amendment, which propuses to strike out the fourth section of the bill,

Yeas 34.

And determined in the negative,

Nay's 49.

The yeas and nays being demanded by one-fifth

of the members present,

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John Randolph,

Thomas Saminons,

Daniel Sheffey,

Samuel Smith,

Richard Stanford,

Jacob Swoope,

John Taylor,

Archibald Van Horn,
Killian K. Van Rensselaer,
James Wilson.

Those who voted in the negative, are

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Pleasant M. Miller,
John Montgomery,
Nicholas R. Moore,
Jeremiah Morrow,
Roger Nelson,
Thomas Newton,
John Nicholson,
John Porter,

John Rea, (Pennsylvania)
John Rhea, (Tennessee)
Matthias Richards,
John Roane,

Ebenezer Sage,
Adam Seybert,

Samuel Shaw,
Dennis Smelt,
John Smilie,
George Smith,
John Smith,
Henry Southard,
John Thompson,

Charles Turner, junior,
Robert Weakley,

Robert Whitehill.

Alexander M`Kim,

A motion was made by Mr. Randolph, and the question being taken, that the said bill do lie on the

table.

It was determined in the negative.

A motion was made by Mr. Gholson, and seconded, to amend the amendments of the Senate, by striking out the third of the said amendments, which proposes to insert a new section as the second section of the bill, for the purpose of inserting another sec. tion: When,

Mr. Speaker determined that the said proposed amendment was not in order, as the substitute pro. posed to be inserted was before a committee of the whole House.

From which decision of the chair Mr. Gholson ap. pealed,

And the question being then taken, "Is the deci sion of the chair correct?"

It was resolved in the affirmative.

A motion was then made by Mr. Gholson, and the question being taken, to amend the section proposed by the Senate in lieu of the third and fourth stricken out, by striking out from the said section, the words "when he may deem it expedient," for the purpose of inserting "forthwith."

It was determined in the negative.

The question was then taken to concur in the said proposed section,

And determined in the negative, as 70.

The yeas and nays being demanded by one fifth of the members present,

Those who voted in the affi mative, are

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Those who voted in the negative, are

Willis Alston, junior,

Ezekiel Bacon,

David Bard,

Burwell Bassett,

William W. Bibb,
Daniel Blaisdell,
Adam Boyd,

William A. Burwell,

William Butler,

John lopton,
Howell Cobb,
James Cochran,
Orchard Cook,
James Cox,

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Roger Nelson,
Thomas Newton,
John Nicholson,

Timothy Pitkin, junior,
John Porter,
John Randolph,

John Rea, (Pennsylvania)
Matthias Richards,
John Roane,
Ebenezer Sage,

Samuel Shaw,
Daniel Sheffey,
Dennis Smelt,
John Smilie,

George Smith,
Samuel Smith,
Henry Southard.
Richard Stanford,
John Stanley,

Jacob Swoope,
Benjamin Tallmadge,
John Taylor,
John Thompson,
George M. Troup,
Charles Turner, junior,
Archibald Van Horn,
Robert Weakley,
Laban Wheaton.

A motion was then made by Mr. Gholson, and seconded, to amend the amendments by inserting in lieu of the said section proposed by the Senate, the following:

"And be it further enacted, That merchant vessels of the United States, owned wholly by a citizen or citizens thereof, laden wholly with articles of the growth, produce or manufacture of the United States, owned wholly by a citizen or citizens thereof; navigated wholly by citizens of the United States; not having on board implements of war, and bound to any port or place not actually blockaded, with which intercourse shall be prohibited by the decrees or orders of the governments of Great Britain or France, shall be entitled to protection by convoy."

"And be it further enacted, That the President of the United States shall be, and he is hereby authorized on the application of a citizen or citizens of the Uni ed States, to employ the public armed vessels of the United States, in covoying and protecting merchant vessels of the United States, owned wholly by a ci izen or citizens thereof; laden wholly with articles of the growth, produce or manufacture of the United States, owned wholly by a citizen or citizens thereof; navigated wholly by citizens of the United States; not having on board implements of war, and bound to any port or place not actually invested, with which intercourse shall be prohibited by the decrees or orders of the governments of Great Britain or France."

6.

And the President of the United States is hereby authorized to instruct the commanders of the public armed vessels of the United States to oppose and defend against any search, restraint or seizure, which shall be attempted upon vessels sailing under convoy, by the commander or crew of any armed vessel, and to repel by force any assault or hostility which may be committed by such armed vessel pursuing such attempt, and to subdue and capture the same.”

"And be it further enacted, That any armed vessel, which shall be captured in consequence of search, restraint or seizure, which shall be attempted upon vessels under convoy, shall be considered lawful prize, and may be condemned in any court of the United States, having competent jurisdiction; and the proceeds arising from the sale of such prize, shall be distributed in conformity to the provisions of the act for the better government of the navy of the United States."

"And be it further enacted, That after notice of this act at the several custom houses, it shall be the duty of the collectors and they are hereby required to refuse a clearance to any merchant vessel bound under convoy to any port or place with which inter

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