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5th United States Congress
1797-1799 legislative term
1797-1799 legislative term
| Field | Value |
|---|---|
| number | 5th |
| image | Congress_Hall_exterior.jpg |
| imagename | Congress Hall |
| imagedate | 2007 |
| start | March 4, 1797 |
| end | March 3, 1799 |
| vp | Thomas Jefferson (DR) |
| pro tem | William Bradford (F) |
| Jacob Read (F) | |
| Theodore Sedgwick (F) | |
| John Laurance (F) | |
| James Ross (F) | |
| speaker | Jonathan Dayton (F) |
| senators | 32 |
| reps | 106 |
| s-majority | Federalist |
| h-majority | Federalist |
| sessionnumber1 | Special |
| sessionstart1 | March 4, 1797 |
| sessionend1 | March 4, 1797 |
| sessionnumber2 | 1st |
| sessionstart2 | May 15, 1797 |
| sessionend2 | July 10, 1797 |
| sessionnumber3 | 2nd |
| sessionstart3 | November 13, 1797 |
| sessionend3 | July 16, 1798 |
| sessionnumber4 | Special |
| sessionstart4 | July 17, 1798 |
| sessionend4 | July 19, 1798 |
| sessionnumber5 | 3rd |
| sessionstart5 | December 3, 1798 |
| sessionend5 | March 3, 1799 |
| previous | 4th |
| next | 6th |
Jacob Read (F) Theodore Sedgwick (F) John Laurance (F) James Ross (F) |s-majority = Federalist |h-majority = Federalist The 5th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania, from March 4, 1797, to March 4, 1799, during the first two years of John Adams' presidency. In the context of the Quasi-War with France, the Alien and Sedition Acts were passed by Congress. The Acts were overwhelmingly supported by the Federalists and mostly opposed by the Democratic-Republicans. Some Democratic-Republicans, such as Timothy Bloodworth, said they would support formally going to war against France but they opposed the Alien and Sedition Acts which Bloodworth and others believed were unconstitutional.
The apportionment of seats in this House of Representatives was based on the 1790 United States census. Both chambers had a Federalist majority.
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Major events
Main article: 1797 in the United States, 1798 in the United States, 1799 in the United States
- March 4, 1797 – John Adams became President of the United States
- July 8, 1797 – The Senate expelled Tennessee Senator William Blount for conspiring with the British
- July 11, 1798 – The United States Marine Corps was established
- XYZ Affair in the U.S., followed by naval skirmishes but no war is declared. The XYZ affair led to several Democratic-Republicans breaking ranks with Thomas Jefferson. Jefferson took pains to avoid blaming France for the incident, as a result John Hunter, Josiah Tattnall, Timothy Bloodworth, Alexander Martin, Lemuel Benton, Thomas Sumter, William Smith, John Milledge, Abraham Baldwin, Joseph McDowell, Matthew Locke, Robert Williams, Richard Stanford, Nathaniel Macon, James Gillespie, Dempsey Burges, Thomas Blount, Nathan Bryan, John Brown, Thomas T. Davis, John Fowler and Joseph Anderson all publicly broke ranks with Jefferson, despite the fact he was the de facto leader of their party, and sided with Alexander Hamilton. The aforementioned congressmen and senators were referred to by Jefferson as a "reign of witches" and were described as the "Pro-British republicans" (as opposed to the "pro-French republicans" led by Jefferson).
Major legislation
Main article: List of United States federal legislation#5th United States Congress
- April 7, 1798: Mississippi Organic Act ("An Act for an amicable settlement of limits with the state of Georgia, and authorizing the establishment of a government in the Mississippi territory"), Sess. 2, ch. 28,
- April 30, 1798: The U.S. Department of the Navy was established, Sess. 2, ch. 35,
- June 18, 1798: Alien and Sedition Acts: ("An Act to establish a uniform rule of naturalization") (Naturalization Act of 1798), Sess. 2, ch. 54,
- June 25, 1798: Alien and Sedition Acts: ("An Act concerning Aliens"), Sess. 2, ch. 58,
- July 6, 1798: Alien and Sedition Acts: ("An Act respecting Alien Enemies"), Sess. 2, ch. 66,
- July 9, 1798: Act Further to Protect the Commerce of the United States, Sess. 2, ch. 68,
- July 11, 1798: The United States Marine Corps was established, Sess. 2, ch. 72,
- July 14, 1798: Alien and Sedition Acts: ("An Act for the punishment of certain crimes against the United States") (Sedition Act), Sess. 2, ch. 74,
- July 16, 1798: Marine Hospital Service Act ("An Act for the relief of sick and disabled Seamen"), Sess. 2, ch. 77,
Treaties ratified
- June 7, 1797: Treaty of Tripoli between the United States and Tripoli.{{Cite web | url=http://memory.loc.gov/cgi-bin/ampage?collId=llej&fileName=001/llej001.db&recNum=250&itemLink=r?ammem/hlaw:@field%28DOCID+@lit%28ej001376%29%29:%230010247&linkText=1 | publisher=Library of Congress
- July 7, 1797: Existing treaties with France were rescinded, Sess. 2, ch. 67,
Party summary
Details on changes are shown below in the "Changes in membership" section.
Senate
House of Representatives

Leadership
Senate
- President: Thomas Jefferson (DR)
- President pro tempore: [William Bingham ([F), carried over from 5th Congress until July 6, 1797
- William Bradford (F), elected July 6, 1797
- Jacob Read (F), elected November 22, 1797
- Theodore Sedgwick (F), elected June 27, 1798
- John Laurance (F), elected December 6, 1798
- James Ross (F), elected March 1, 1799
House of Representatives
- Speaker: Jonathan Dayton (F)
Members
This list is arranged by chamber, then by state. Senators are listed in order of seniority, and representatives are listed by district.
Senate
Main article: List of United States senators in the 5th Congress
Senators were elected by the state legislatures every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers, which indicate the cycle of their election. In this Congress, Class 1 meant their term began in this Congress, requiring reelection in 1802; Class 2 meant their term ended with this Congress, requiring reelection in 1798; and Class 3 meant their term began in the last Congress, requiring reelection in 1800. :Skip to House of Representatives, below
[[List of United States senators from Connecticut|Connecticut]]
:1. James Hillhouse (F) :3. Uriah Tracy (F)
[[List of United States senators from Delaware|Delaware]]
:1. Henry Latimer (F) :2. John Vining (F), until January 19, 1798 :: Joshua Clayton (F), from January 19, 1798, until August 11, 1798 :: William H. Wells (F), from January 17, 1799
[[List of United States senators from Georgia|Georgia]]
:2. Josiah Tattnall (DR) :3. James Gunn (F)
[[List of United States senators from Kentucky|Kentucky]]
:2. John Brown (DR) :3. Humphrey Marshall (F)
[[List of United States senators from Maryland|Maryland]]
:1. John Eager Howard (F) :3. John Henry (F), until December 10, 1797 :: James Lloyd (F), from December 11, 1797
[[List of United States senators from Massachusetts|Massachusetts]]
:1. Benjamin Goodhue (F) :2. Theodore Sedgwick (F)
[[List of United States senators from New Hampshire|New Hampshire]]
:2. Samuel Livermore (F) :3. John Langdon (DR)
[[List of United States senators from New Jersey|New Jersey]]
:1. John Rutherfurd (F), until November 26, 1798 :: Franklin Davenport (F), from December 5, 1798 :2. Richard Stockton (F)
[[List of United States senators from New York|New York]]
:1. Philip Schuyler (F), until January 3, 1798 :: John Sloss Hobart (F), from January 11, 1798, until April 16, 1798 :: William North (F), from May 5, 1798, until August 17, 1798 :: James Watson (F), from August 17, 1798 :3. John Laurance (F)
[[List of United States senators from North Carolina|North Carolina]]
:2. Alexander Martin (DR) :3. Timothy Bloodworth (DR)
[[List of United States senators from Pennsylvania|Pennsylvania]]
:1. James Ross (F) :3. William Bingham (F)
[[List of United States senators from Rhode Island|Rhode Island]]
:1. Theodore Foster (F) :2. William Bradford (F), until October 20, 1797 :: Ray Greene (F), from November 13, 1797
[[List of United States senators from South Carolina|South Carolina]]
:2. John Hunter (DR) until November 26, 1798 :: Charles Pinckney (DR), from December 6, 1798 :3. Jacob Read (F)
[[List of United States senators from Tennessee|Tennessee]]
:1. William Cocke (DR), May 15, 1797 - September 26, 1797 :: Andrew Jackson (DR), September 26, 1797 - April 12, 1798 :: Daniel Smith (DR), from October 6, 1798 :2. William Blount (DR), until July 8, 1797 :: Joseph Anderson (DR), from September 26, 1797
[[List of United States senators from Vermont|Vermont]]
:1. Isaac Tichenor (F), until October 17, 1797 :: Nathaniel Chipman (F), from October 17, 1797 :3. Elijah Paine (F)
[[List of United States senators from Virginia|Virginia]]
:1. Stevens Mason (DR) :2. Henry Tazewell (DR), until January 24, 1799
]]

House of Representatives
Main article: List of United States representatives in the 5th Congress
[[List of United States representatives from Connecticut|Connecticut]]
All representatives were elected statewide on a general ticket. : . John Allen (F) : . Joshua Coit (F), until September 5, 1798 :: Jonathan Brace (F), from December 3, 1798 : . Samuel W. Dana (F) : . James Davenport (F), until August 3, 1797 :: William Edmond (F), from November 13, 1797 : . Chauncey Goodrich (F) : . Roger Griswold (F) until Sep 14, 1798; expelled fisticuffs : . Nathaniel Smith (F)
[[List of United States representatives from Delaware|Delaware]]
: . James A. Bayard (F)
[[List of United States representatives from Georgia|Georgia]]
Both representatives were elected statewide on a general ticket. : . Abraham Baldwin (DR) : . John Milledge (DR)
[[List of United States representatives from Kentucky|Kentucky]]
: . Thomas T. Davis (DR) : . John Fowler (DR)
[[List of United States representatives from Maryland|Maryland]]
: . George Dent (F) : . Richard Sprigg Jr. (DR) : . William Craik (F) : . George Baer Jr. (F) : . Samuel Smith (DR) : . William Matthews (F) : . William Hindman (F) : . John Dennis (F)
[[List of United States representatives from Massachusetts|Massachusetts]]
: . Thomson J. Skinner (DR) : . William Shepard (F) : . Samuel Lyman (F) : . Dwight Foster (F) : . Nathaniel Freeman Jr. (DR) : . John Reed Sr. (F) : . Stephen Bullock (F) : . Harrison Gray Otis (F) : . Joseph Bradley Varnum (DR) : . Samuel Sewall (F) : . Theophilus Bradbury (F), until July 24, 1797 :: Bailey Bartlett (F), from November 27, 1797 : . Isaac Parker (F) : . Peleg Wadsworth (F) : . George Thatcher (F)
[[List of United States representatives from New Hampshire|New Hampshire]]
All representatives were elected statewide on a general ticket. : . Abiel Foster (F) : . Jonathan Freeman (F) : . William Gordon (F) : . Jeremiah Smith (F), until July 26, 1797 :: Peleg Sprague (F), from December 15, 1797
[[List of United States representatives from New Jersey|New Jersey]]
All representatives were elected statewide on a general ticket. : . Jonathan Dayton (F) : . James H. Imlay (F) : . James Schureman (F) : . Thomas Sinnickson (F) : . Mark Thomson (F)
[[List of United States representatives from New York|New York]]
: . Jonathan N. Havens (DR) : . Edward Livingston (DR) : . Philip Van Cortlandt (DR) : . Lucas C. Elmendorf (DR) : . David Brooks (F) : . Hezekiah L. Hosmer (F) : . John E. Van Alen (F) : . Henry Glen (F) : . John Williams (F) : . James Cochran (F)
[[List of United States representatives from North Carolina|North Carolina]]
: . Joseph McDowell (DR) : . Matthew Locke (DR) : . Robert Williams (DR) : . Richard Stanford (DR) : . Nathaniel Macon (DR) : . James Gillespie (DR) : . William Barry Grove (F) : . Dempsey Burges (DR) : . Thomas Blount (DR) : . Nathan Bryan (DR), until June 4, 1798 :: Richard Dobbs Spaight (DR), from December 10, 1798
[[List of United States representatives from Pennsylvania|Pennsylvania]]
The 4th district was a plural district with two representatives. : . John Swanwick (DR), until July 31, 1798 :: Robert Waln (F), from December 3, 1798 : . Blair McClenachan (DR) : . Richard Thomas (F) : . John Chapman (F) : . Samuel Sitgreaves (F), until 1798 :: Robert Brown (DR), from December 4, 1798 : . George Ege (F), until October 1797 :: Joseph Hiester (DR), from December 1, 1797 : . John A. Hanna (DR) : . John Wilkes Kittera (F) : . Thomas Hartley (F) : . Andrew Gregg (DR) : . David Bard (DR) : . William Findley (DR) : . Albert Gallatin (DR)
[[List of United States representatives from Rhode Island|Rhode Island]]
Both representatives were elected statewide on a general ticket. : . Christopher G. Champlin (F) : . Elisha R. Potter (F), until 1797 :: Thomas Tillinghast (F), from November 13, 1797
[[List of United States representatives from South Carolina|South Carolina]]
: . William L. Smith (F), until July 10, 1797 :: Thomas Pinckney (F), from November 23, 1797 : . John Rutledge Jr. (F) : . Lemuel Benton (DR) : . Thomas Sumter (DR) : . Robert Goodloe Harper (F) : . William Smith (DR)
[[List of United States representatives from Tennessee|Tennessee]]
: . Andrew Jackson (DR), until September, 1797 :: William C. C. Claiborne (DR), from November 23, 1797
[[List of United States representatives from Vermont|Vermont]]
: . Matthew Lyon (DR) : . Lewis R. Morris (F), from May 24, 1797
[[List of United States representatives from Virginia|Virginia]]
: . Daniel Morgan (F) : . David Holmes (DR) : . James Machir (F) : . Abram Trigg (DR) : . John J. Trigg (DR) : . Matthew Clay (DR) : . Abraham B. Venable (DR) : . Thomas Claiborne (DR) : . William B. Giles (DR), until October 2, 1798 :: Joseph Eggleston (DR), from December 3, 1798 : . Carter B. Harrison (DR) : . Josiah Parker (F) : . Thomas Evans (F) : . John Clopton (DR) : . Samuel J. Cabell (DR) : . John Dawson (DR) : . Anthony New (DR) : . Richard Brent (DR) : . John Nicholas (DR) : . Walter Jones (DR)

Changes in membership
The count below reflects changes from the beginning of this Congress
Senate
There were 9 resignations, 2 deaths, 1 expulsion, 1 late selection, and 2 elections to replace appointees. Neither party had a net gain of seats. Sorted Chronologically by date of vacancy
|- | Tennessee (1) | Vacant | Tennessee failed to elect a Senator on time | | William Cocke (DR) | Appointed May 15, 1797
|- | Tennessee (2) | | William Blount (DR) | Expelled July 8, 1797 | | Joseph Anderson (DR) | Elected September 26, 1797
|- | Tennessee (1) | | William Cocke (DR) | Interim appointment until September 26, 1797 | | Andrew Jackson (DR) | Elected September 26, 1797
|- | Rhode Island (2) | | William Bradford (F) | Resigned sometime in October, 1797 | | Ray Greene (F) | Elected November 13, 1797
|- | Vermont (1) | | Isaac Tichenor (F) | Resigned October 17, 1797 | | Nathaniel Chipman (F) | Elected October 17, 1797
|- | Maryland (3) | | John Henry (F) | Resigned December 10, 1797 | | James Lloyd (F) | Elected December 11, 1797
|- | New York (1) | | Philip John Schuyler (F) | Resigned January 3, 1798 | | John Sloss Hobart (F) | Elected January 11, 1798
|- | Delaware (2) | | John Vining (F) | Resigned January 19, 1798 | | Joshua Clayton (F) | Elected January 19, 1798
|- | Tennessee (1) | | Andrew Jackson (DR) | Resigned sometime in April, 1798 | | Daniel Smith (DR) | Appointed October 6, 1798
|- | New York (1) | | John Sloss Hobart (F) | Resigned April 16, 1798 | | William North (F) | Appointed May 5, 1798
|- | Delaware (2) | | Joshua Clayton (F) | Died August 11, 1798 | | William H. Wells (F) | Elected January 17, 1799
|- | New York (1) | | William North (F) | Interim appointment until August 17, 1798 | | James Watson (F) | Elected August 17, 1798
|- | New Jersey (1) | | John Rutherfurd (F) | Resigned November 26, 1798 | | Franklin Davenport (F) | Appointed December 5, 1798
|- | South Carolina (2) | | John Hunter (DR) | Resigned November 26, 1798 | | Charles Pinckney (DR) | Elected December 6, 1798
|- | Virginia (2) | | Henry Tazewell (DR) | Died January 24, 1799 | Vacant | Not filled in this Congress |}
House of Representatives
There were 9 resignations and 3 deaths. The Federalists had a 1-seat net loss and the Democratic-Republicans had a 1-seat net gain. Sorted Chronologically by date of vacancy
Main article: List of special elections to the United States House of Representatives
|- | | | Vacant | Daniel Buck (F) had been re-elected, but declined to serve. Successor elected May 23, 1797. | | Lewis R. Morris (F) | May 24, 1797
|- | | | Elisha Potter (F) | Resigned sometime in 1797. Successor elected August 29, 1797. | | Thomas Tillinghast (F) | Seated November 13, 1797
|- | | | William L. Smith (F) | Resigned July 10, 1797. Successor elected September 4–5, 1797. | | Thomas Pinckney (F) | Seated November 23, 1797
|- | | | Theophilus Bradbury (F) | Resigned July 24, 1797. Successor elected August 4, 1797. | | Bailey Bartlett (F) | Seated November 27, 1797
|- | | | Jeremiah Smith (F) | Resigned July 26, 1797. Successor elected August 28, 1797. | | Peleg Sprague (F) | Seated December 15, 1797
|- | | | James Davenport (F) | Died August 3, 1797. Successor elected September 18, 1797. | | William Edmond (F) | Seated November 13, 1797
|- | | | Andrew Jackson (DR) | Resigned sometime in September 1797 to become U.S. Senator. Successor elected September 26, 1797. | | William C.C. Claiborne (DR) | Seated November 23, 1797
|- | | | George Ege (F) | Resigned sometime in October 1797. Successor elected October 10, 1797. | | Joseph Hiester (DR) | Seated December 1, 1797
|- | | | Samuel Sitgreaves (F) | Resigned sometime in 1798. Successor elected October 9, 1798. | | Robert Brown (DR) | Seated December 4, 1798
|- | | | Nathan Bryan (DR) | Died June 4, 1798. Successor elected August 2, 1798. | | Richard Dobbs Spaight (DR) | Seated December 10, 1798
|- | | | John Swanwick (DR) | Died July 31, 1798. Successor elected October 9, 1798. | | Robert Waln (F) | Seated December 3, 1798
|- | | | Joshua Coit (F) | Died September 5, 1798. Successor elected October 22, 1798. | | Jonathan Brace (F) | Seated December 3, 1798
|- | | | William Giles (DR) | Resigned October 2, 1798. Successor elected November 1, 1798. | | Joseph Eggleston (DR) | Seated December 3, 1798
|}
Committees
Lists of committees and their party leaders.
Senate
- Whole
House of Representatives
- Claims (Chairman: Dwight Foster)
- Commerce and Manufactures (Chairman: Edward Livingston then Samuel Smith)
- Elections (Chairman: Joshua Coit then Joseph B. Varnum)
- Revisal and Unfinished Business (Chairman: Jeremiah Smith then Nathaniel Macon then George Thatcher)
- Rules (Select)
- Standards of Official Conduct
- Ways and Means (Chairman: William L. Smith then Robert Goodloe Harper)
- Whole
Joint committees
- Enrolled Bills (Chairman: Isaac Tichenor)
Employees
- Architect of the Capitol: William Thornton
Senate
- Secretary: Samuel A. Otis
- Doorkeeper: James Mathers
- Chaplain: William White, Episcopalian
House of Representatives
- Clerk: John J. Beckley, until May 15, 1797
- Jonathan W. Condy, elected May 15, 1797
- Sergeant at Arms: Joseph Wheaton
- Doorkeeper: Thomas Claxton
- Reading Clerks:
- Chaplain: Ashbel Green, Presbyterian
Notes
References
References
- The Presidency of John Adams by Ralph A. Brown, University Press of Kansas, 1975
- The Reign of Witches: The Struggle Against the Alien and Sedition Laws, 1789-1800 by Elizabeth Lawson
- Dubin, Michael J.. (1998). "United States Congressional Elections, 1788-1997: The Official Results of the Elections of the 1st Through 105th Congresses". McFarland and Company.
- Election date, but winner was seated later. See https://elections.lib.tufts.edu/catalog/tufts:tn.ushouserepresentatives.1797 {{Webarchive. link. (March 11, 2020)
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