On motion, that, on the final question upon a bill or resolve, any member shall have a right to enter his protest or dissent on the journal, with reasons in support of such dissent, provided the same be offered within two days after the determination on such final question: Passed in the negative. MONDAY, July 27. [AUGUST, 1789. vised and consented to about one-half the list; the rest lay till to-morrow. TUESDAY, August 4. tives brought up a bill for making compensaA message from the House of Representa tion to the President and Vice President of the United States, and desired the concurrence of the Senate therein; Together with the appointment of Messrs. WADSWORTH, CARROLL, and HARTLEY, a committee, to join with a committee of the Senate to be appointed for the purpose, "to consider of and report when it will be convenient and proper that an adjournment of the present session of Congress should take place; and to consider and report such business, now before Congress, necessary to be finished before the adjournment, and such as may be conveniently postponed to the next session; and, also, to consider and report such matters, not now before Congress, but which it will be necessary should be considered and determined by Congress before an adjournment." The Senate again entered on executive business, and advised and confirmed all the remainder of the list of appointments presented yesterday, one excepted. FRIDAY, August 7. The Senate, in the absence of the Vice President, proceeded to elect a President pro PHILIP SCHUYLER, from New York, appeared, tempore; and the votes being collected and and took his seat. TUESDAY, July 28. On motion, the Senators from the State of New York proceeded to draw lots for their classes, in conformity to the resolve of the 14th of May; and two lots, No. 3, and a blank, being, by the Secretary, rolled up and put into the box, Mr. SCHUYLER drew blank; and Mr. KING having drawn No. 3, his seat shall accordingly be vacated in the Senate at the expiration of the sixth year. The Secretary proceeded to put two other lots into the box, marked Nos. 1 and 2; and Mr. SCHUYLER having drawn lot No. 1, his seat shall accordingly be vacated in the Senate at the expiration of the second year. MONDAY, August 3. The Senate entered on executive business. The President communicated to them a list of about one hundred appointments as collectors, naval officers, and surveyors. The Senate ad These entries in relation to the Secretary of Foreign Affairs show the early method of communicating with the Secretaries, being called before the Senate to give explanations and bring papers-a method now superseded by reports. The early Senators lamented the change, believing the old way to be the best for getting the information that was wanted, and also the best security against the appointment of incompetent Secretaries. counted, the Honorable JOHN LANGDON was A message from the President of the United consideration of Congress has been of so much im- The business which has hitherto been under the I have, therefore, directed the several statements and papers which have been submitted to me on this subject, by General Knox, to be laid before you for your information. While the measures of Government ought to be calculated to protect its citizens from all injury and violence, a due regard should be extended to those Indian tribes whose happiness, in the course of events, so materially depends on the national justice and humanity of the United States. If it should be the judgment of Congress that it would be most expedient to terminate all differences in the southern district, and to lay the foundation for future confidence, by an amicable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to consist of three persons, whose authority should expire with [SENATE. to bring the account of that success to the head quarters of the army. Secondly. Since his residence in Georgia, he has been repeatedly elected to the Assembly as a representative of the county of Chatham, in which the port of Savannah is situated, and sometimes of the counties of Glynn and Camden; he has been chosen has lately been president of the same; he has been a member of the executive council of the State, and elected by the officers of the militia, in the county of Chatham, lieutenant-colonel of the militia in that district; and, on a very recent occasion, to wit, in the month of May last, he has been appointed by the council (on the suspension of the late collector) to an office in the port of Savannah, nearly similar to that for which I nominated him; which office he actually holds at this time. To these reasons for ceived private letters of recommendation, and oral nominating Mr. Fishbourn, I might add that I re On motion to reduce the provision for the President of the United States, from "twenty-testimonials in his favor, from some of the most refive thousand" to "twenty thousand dollars:" Passed in the negative. On motion to make the provision for the Vice President eight thousand dollars, instead of five thousand dollars: Passed in the negative. The Senate entered on executive business. The following message from the President was laid before them: Gentlemen of the Senate: My nomination of Benjamin Fishbourn for the place of naval officer of the port of Savannah not having met with your concurrence, I now nominate Lachlan McIntosh for that office.+ Whatever may have been the reasons which induced your dissent, I am persuaded they were such as you deemed sufficient. Permit me to submit to your consideration whether, on occasions where the propriety of nominations appears questionable to you, it would not be expedient to communicate that cir cumstance to me, and thereby avail yourselves of the information which led me to make them, and which I would with pleasure lay before you. Probably my reasons for nominating Mr. Fishbourn may tend to show that such a mode of proceeding, in such cases, might be useful. I will, therefore, detail them First. While Colonel Fishbourn was an officer, in actual service, and chiefly under my own eye, his conduct appeared to me irreproachable; nor did I ever hear any thing injurious to his reputation as an officer or a gentleman. At the storming of Stony Point, his behavior was represented to have been active and brave, and he was charged by his General Another instance of the early practice of the government. The President consults the Senate beforehand upon the negotiation of Indian treaties, and sends the Secretary at War in person to give the necessary explanations: this mode of consulting the Senate since so far departed from that that body has no knowledge of the treaty until sent in for ratifi + This message of President Washington is a strong instanex of his deference for the Senate, thus giving up upon I objection the nomination of a citizen which he knew to be fit and meritorious. It was also a strong instance of the deference of the Senate to the Senators of the State interested in the nomination, Col. Fishbourn having been rejected amply because the Georgia Senators preferred another. VOL L-2 spectable characters in that State; but as they were secondary considerations with me, I do not think it necessary to communicate them to you. It appeared, therefore, to me, that Mr. Fishbourn must have enjoyed the confidence of the militia officers, in order to have been elected to a military rank; the confidence of the freemen, to have been elected to the Assembly; the confidence of the Assembly, to have been selected for the council; and the confidence of the council, to have been appointed collector of the port of Savannah. GEO. WASHINGTON. NEW YORK, August 6, 1789. FRIDAY, August 21. The Senate entered on executive business. They proceeded to consider the report made by Mr. IZARD, yesterday, as follows: The committee appointed to wait on the President of the United States, and confer with him on the mode of communication proper to be pursued between him and the Senate, in the formation of treaties, and making appointments to offices, reported: Which report was agreed to. Whereupon, Resolved, That when nominations shall be made in writing by the President of the United States to the Senate, a future day shall be assigned, unless the Senate unanimously direct otherwise, for taking them into consideration; that when the President of the United States shall meet the Senate in the Senate Chamber, the President of the Senate shall have a chair on the floor, be considered as at the head of the Senate, and his chair shall be assigned to the President of the United States; that when the Senate shall be convened by the President of the United States to any other place, the President of the Senate and Senators shall attend at the place appointed. The Secretary of the Senate shall also attend to take the minutes of the Senate. That all questions shall be put by the President of the Senate, either in the presence or absence of the President of the United States; and the Senators shall signify their assent or dissent by answering viva voce, aye or no.* These proceedings of President Washington and the Senate, ir. fix.ng on the mode of communication between them when treaties were to be formed, or appointments to Another message was received from the President, viz: Gentlemen of the Senate: The President of the United States will meet the Senate, in the Senate Chamber, at half-past eleven o'clock to-morrow, to advise with them on the terms of the treaty to be negotiated with the Southern Indians. GEO. WASHINGTON. NEW YORK, August 21, 1789. SATURDAY, August 22. The Senate again entered on executive busi ness. The President of the United States came into the Senate Chamber, attended by General Knox, and laid before the Senate the following statement of facts, with the questions thereto annexed, for their advice and consent: [Here follows the statement of facts, and the questions thereto annexed, and the answer of the Senate to each question.] MONDAY, August 24. [AUGUST, 1789 The Senate was to-day wholly engaged in executive business. The President of the United States being present in the Senate Chamber, attended by General Knox, "The Senate resumed the consideration of the state of facts and questions thereto annexed, laid before them by the President of the United States, on Saturday last. And the first question, viz: “In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested?" being put, was answered in the negative.* The third question, viz: "If the commissioners shall adjudge that the Creek nation was fully represented at the three treaties with Georgia, and that the cessions of land were consent of the acknowledged proprietors, and obtained with the full understanding and free that the said treaties ought to be considered as just and equitable: in this case, shall the commissioners be instructed to insist on a formal renewal and confirmation thereof? and, in case be made, was their interpretation of the clause in the constitution which requires the advice and consent of the Senate of a refusal, shall they be instructed to inform on such occasions. Their interpretation was (according to the Creeks that the arms of the Union shall be the obvious meaning of language) that the advice and con- employed to compel them to acknowledge the sent should be obtained beforehand; and the practice was injustice of the said cessions?" was wholly anconformity to that interpretation, as will be seen in the pro- swered in the affirmative. ceedings of the next day, when the President and Secretary at War attended the Senate, and the President gave in a statement of facts, which, in his opinion, rendered treaties with the Southern Indian tribes necessary, and asked the advice and consent of the Senate upon their formation. These proceedings will be read with interest by all who study the working of our government, and observe the changes which its practice has undergone. The change has been great in the mode of obtaining this advice and consent, and greatly to the prejudice of the free and independent action of the Senate in such cases. Instead of consultation and concurrence beforehand, as the words of the constitution imply, and as the practice under Washington required (even to the minute provisions of an Indian treaty), the most imwith foreign powers, have come to be negotiated (oftentimes) without even the knowledge of the Senate, concealed from it until concluded, and then laid before the body for portant, and even unusual and extraordinary treaties, and ratification, as an administration measure-the ratification to be pressed under all the influences of an executive measure, and upon all the considerations of inconvenience and danger to attend the rejection of a measure executively concluded with a foreign power. Under such circumstances treaties are often ratified, and appointments often confirmed, under a moral duress of the Senate, the weight of the executive and the inconveniences of rejection leaving no chance for the free action of the body. President Polk revived the Washingtonian mode of consulting the Senate, in the formation of the Oregon Treaty in 1846, asking the advice of the Senate The fourth question, and its four subdivisions, viz: "But if the commissioners shall adjudge that the said treaties were formed with an inadequate or unauthorized representation of the Creek nation, or that the treaties were held under circumstances of constraint or unfairness of any sort, so that the United States could not, with justice and dignity, request or urge a confirmation thereof: in this case, shall the commissioners, considering the importance of the Oconee lands to Georgia, be instructed to use their highest exertions to obtain a cession of said lands? If so, shall the commissioners be instructed, if they cannot obtain the said cessions on better terms, to offer for the same, and for the further great object of attaching the Creeks to the Government of the United States, the following conditions: "1st. A compensation in money or goods, to the amount of dollars; the said amount to be stipulated to be paid by Georgia at the period which shall be fixed, or in failure thereof, by the United States. "2d. A secure port on the Altamaha or on St. Mary's river, or at any other place between the same, as may be mutually agreed to by the commissioners and the Creeks. "3d. Certain pecuniary considerations to beforehand on the point of establishing the boundary line some, and honorary military distinctions to The per with Great Britain on the parallel of 49 degrees; whereof *The question in relation to North Carolina arose out of the circumstance that she had not then accepted the Federal Constitution, and was not at that time a member of the Union. other influential chiefs, on their taking oaths of allegiance to the United States. "4th. A solemn guarantee by the United States to the Creeks of their remaining territory, and to maintain the same, if necessary, by a line of military posts," was wholly answered in the affirmative. The blank to be filled at the discretion of the President of the United States. The fifth question, viz: "But if all offers should fail to induce the Creeks to make the desired cessions to Georgia, shall the commissioners make it an ultimatum?" was answered in the negative. The sixth question being divided, the first part, containing as follows, viz: "If the said cessions shall not be made an ultimatum, shall the commissioners proceed and make a treaty, and include the disputed lands within the limits which shall be assigned to the Creeks?" was answered in the negative. The remainder, viz: "If not, shall a temporary boundary be marked, making the Oconee the line, and the other parts of the treaty be concluded?" "In this case, shall a secure port be stipulated, and the pecuniary and honorary considerations granted?" "In other general objects shall the treaties formed at Hopewell, with the Cherokees, Chickasaws, and Choctaws, be the basis of a treaty with the Creeks?" were all answered in the affirmative. On the seventh question, viz: "Shall the sum of twenty thousand dollars, appropriated to Indian expenses and treaties, be wholly applied, if necessary, to a treaty with the Creeks? if not, what proportion?" It was agreed to advise and consent to appropriate the whole sum, if necessary, at the discretion of the President of the United States. The President of the United States withdrew from the Senate Chamber, and the Vice President put the question of adjournment; to which the Senate agreed. The Governor of the Western Territory has made a statement to me of the reciprocal hostilities of the Wabash Indians, and the people inhabiting the frontiers bordering on the river Ohio, which I herewith lay before Congress. The United States, in Congress assembled, by their acts of the 21st day of July, 1787, and of the 12th Angust, 1788, made a provisional arrangement for calling forth the militia of Virginia and Pennsylvania in the proportions therein specified. As the circumstances which occasioned the said arrangement continue nearly the same, I think proper to suggest to your consideration the expediency of making some temporary provision for calling forth the militia of the United States for the purposes [SENATE. stated in the constitution, which would embrace the cases apprehended by the Governor of the Western Territory. GEO. WASHINGTON. September 16, 1789. THURSDAY, September 17. The Senate entered on executive business. The following message was received from the President of the United States: Gentlemen of the Senate: It doubtless is important that all treaties and compacts formed by the United States with other nations, whether civilized or not, should be made with caution and executed with fidelity. It is said to be the general understanding and practice of nations, as a check on the mistakes and indiscretions of ministers or commissioners, not to consider any treaty negotiated and signed by such officers as final and conclusive, until ratified by the sovereign or government from whom they derive their powers. This practice has been adopted by the United States respecting their treaties with European nations, and I am inclined to think it would be advisable to observe it in the conduct of our treaties with the Indians; for though such treaties being, on their part, made by their chiefs or rulers, need not be ratified by them, yet, being formed on our part by the agency of subordinate officers, it seems to be both prudent and reasonable that their acts should not be binding on the nation until approved and ratified by the Government. It strikes settled, so that our national proceedings, in this reme that this point should be well considered and spect, may become uniform, and be directed by fixed and stable principles. The treaties with certain Indian nations, which were laid before you with my message of the 25th May last, suggested two questions to my mind, viz: 1st, Whether those treaties were to be considered as perfected, and, consequently, as obligatory, without being ratified? If not, then, 2dly, Whether both, or either, and which of them, ought to be ratified? On these questions I request your opinion and advice. You have, indeed, advised me "to execute and en| join an observance of" the treaty with the Wyandots, &c. You, gentlemen, doubtless intended to be clear and explicit; and yet, without further explanation, I fear I may misunderstand your meaning: for if by my executing that treaty you mean that I should make it (in a more particular and immediate manner than it now is) the act of Government, then it follows that I am to ratify it. If you mean by my executing it that I am to see that it be carried into effect and operation, then I am led to conclude, either that you consider it as being perfect and obligatory in its present state, and therefore to be executed and observed; or that you consider it to derive its completion and obligation from the silent approbation and ratification which my proclamation may be construed to imply. Although I am inclined to think that the latter is your intention, yet it certainly is best that all doubts respecting it be removed. Permit me to observe, that it will be proper for me to be informed of your sentiments relative to the treaty with the Six Nations, previous to the departure of the Governor of the Western Territory; SENATE.] Proceedings. [SEPTEMBER, 1789. and therefore I recommend it to your early consi- | members of the General Congress of the United deration. September 17, 1789. GEO. WASHINGTON. Ordered, That the President's message be committed to Messrs. CARROLL, KING, and READ. FRIDAY, September 18. The Senate entered on executive business. Mr. CARROLL, on behalf of the committee appointed yesterday, reported as follows: The committee, to whom was referred a message from the President of the United States of the 17th September, 1789, report: That the signature of treaties with the Indian nations has ever been considered as a full completion thereof, and that such treaties have never been solemnly ratified by either of the contracting parties, as hath been commonly practised among the civilized nations of Europe; wherefore the committee are of opinion that the formal ratification of the treaty concluded at Fort Harmar on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattiwattima, and Sac Nations, is not expedient or necessary; and that the resolve of the Senate of the 8th September, 1789, respecting the said treaty, authorizes the President of the United States to enjoin a due observance thereof. TUESDAY, September 29. States of North America, announces the much lamented death of his son, the Dauphin. The generous conduct of the French monarch and nation towards this country renders every event that may affect his or their prosperity interesting to us; and I shall take care to assure him of the sensibility with which the United States participate in the affliction which a loss so much to be regretted must have occasioned, both to him and to them. GEO. WASHINGTON. September 29. Gentlemen of the Senate: Having been yesterday informed by a joint committee of both Houses of Congress, that they had agreed to a recess, to commence this day, and to conthe earliest opportunity of acquainting you that, continue until the first Monday of January next, I take sidering how long and laborious this session has been, and the reasons which, I presume, have produced this resolution, it does not appear to me expedient to recommend any measures to their consideration at present, or now to call your attention, gentlemen, to any of those matters in my department which require your advice and consent, and yet remain to be despatched. September 29, 1789. GEO. WASHINGTON. A message from the House of Representatives informed the Senate that the House of Representatives had finished the business of the session, and were ready to adjourn, agreeably to the order of the two Houses of Congress. The business of the session being brought to The following communications from the Presi- a close, the Vice President, agreeably to the redent were received by Mr. Jay: Gentlemen of the Senate: His Most Christian Majesty, by a letter dated the 7th of June last, addressed to the President and solve of the two Houses on the 26th instant, adjourned the Senate to the first Monday in January next, then to meet at the City Hall in New York. FIRST CONGRESS. LIST OF SENATORS. New Hampshire.-John Langdon, Paine Wingate. Virginia.-Richard Henry Lee, William Grayson. North Carolina.*-Benjamin Hawkins, Samuel Johnston. LIST OF REPRESENTATIVES. New Hampshire.-Nicholas Gilman, Samuel Livermore, Abiel Foster. Massachusetts.-George Thatcher, Fisher Ames, George Leonard, Elbridge Gerry, Jonathan Grout, Benjamin Goodhue, Theodore Sedgwick, George Partridge. Connecticut.-Benjamin Huntington, Jonathan Trumbull, Jeremiah Wadsworth, Roger Sherman, Jonathan Sturges. New York-John Lawrence, Egbert Benson, William Floyd, Peter Sylvester, John Hathorn, Jeremiah Van Rensselaer. New Jersey-Elias Boudinot, James Schureman, Lambert Cadwalader, Thomas Sinnickson. Pennsylvania.-Henry Wynkoop, Frederick Augustus Muhlenberg, Daniel Heister, Thomas Scott, George Clymer, Thomas Fitzsimons, Thomas Hartley, Peter Muhlenberg. Delaware.-John Vining. Maryland.-William Smith, George Gale, Daniel Carroll, Joshua Seney, Michael Jenifer Stone, Benjamin Contee. Virginia.-Alexander White, James Madison, jr., John Page, Richard Bland Lee, Samuel Griffin, Andrew Moore, Josiah Parker, Theodorick Bland, Isaac Coles, John Brown. South Carolina.-Thomas Tudor Tucker, Edanus Burke, Daniel Huger, William Smith, Thomas Sumter. Georgia.-Abraham Baldwin, James Jackson, George Mathews. North Carolina.§-John Steele, Timothy Bloodworth, Hugh Williamson, John Baptist Ashe, John Sevier. Rhode Island.-Benjamin Bourn. North Carolina was not represented in the first Session of this Congress, not having at that time accepted the Mr. Bland deceased during the second recess of Congress, and was succeeded at the third Session by William B. Giles |