DECEMBER, 1793.] Proceedings. [SENATE THIRD CONGRESS.-FIRST SESSION. BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793. SENATORS. LIST OF MEMBERS. New Hampshire.-8. Livermore, John Langdon. New Jersey.-Philemon Dickinson, F. Frelinghuysen. Ross. Delaware.-John Vining, Kensey Johns. Maryland.-John Henry, Richard Potts. Learned, Zephaniah Swift, Uriah Tracy, J. Trumbull, Jeremiah Wadsworth. New York.-Theodorus Bailey, Ezekiel Gilbert, Henry Glenn, James Gordon, Silas Talbot, T. Tredwell, John E. Van Allen, Philip Van Cortlandt, Peter Van Gaasbeck, John Watts. New Jersey. John Beatty, Elias Boudinot, Lambert Cadwalader, Jonathan Dayton, Aaron Kitchell. Pennsylvania.-James Armstrong, William Findlay, Thomas Fitzsimmons, Andrew Gregg, Thomas Hartley, Daniel Heister, William Irvine, William Montgomery, Frederick A. Muhlenberg, Peter Muhlenberg, Thomas Scott, John Virginia. James Monroe, John Taylor, Stevens T. Smilie, John Wilkes Kittera. Mason. North Carolina.-Benjamin Hawkins, Alexander Martin. REPRESENTATIVES. Delaware.-Henry Latimer. Maryland.-Gabriel Christie, George Dent, Uriah Forrest, William Hindman, John F. Mercer, Samuel Smith, Thomas Sprigg, William Vans Murray. Virginia.-Thomas Claiborne, Isaac Coles, William B. Giles, Samuel Griffin, George Hancock, Carter B. Harrison, John Heath, Richard Bland Lee, Andrew Moore, Joseph Neville, Anthony New, John Nicholas, John Page, Francis New Hampshire.-Nicholas Gilman, J. 8. Sherburne, Preston, Robert Rutherford, A. B. Venable, Francis Walker. Jeremiah Smith, Paine Wingate. Vermont.-Nathaniel Niles, Israel Smith. Massachusetts.-Fisher Ames, S. Bourne, David Cobb, Peleg Coffin, Henry Dearborn, Samuel Dexter, Dwight Foster, Benjamin Goodhue, Samuel Holten, William Lyman, T. Sedgwick, George Thatcher, P. Wadsworth, Artemas Ward. Rhode Island.-Benjamin Bourne, Francis Malbone. Connecticut.-Joshua Coit, James Hillhouse, Amasa North Carolina.-Thomas Blount, William J. Dawson, James Gillespie, William B. Grove, Matthew Locke, Nathaniel Macon, Joseph McDowell, Alexander Mebane, Benjamin Williams, Joseph Winston. South Carolina.-Lemuel Benton, Alexander Gillon, John Hunter, Andrew Pickens, William Smith, Richard Winn. Georgia.-A. Baldwin, Thomas P. Carnes. Kentucky.-Christopher Greenup, Alexander D. Orr. Tennessee.-James White. PROCEEDINGS IN THE SENATE. MONDAY, December 2, 1793. This being the day fixed by the constitution for the annual meeting of Congress, the following members of the Senate appeared, produced their credentials, and took their seats. JOHN ADAMS, Vice President of the United States and President of the Senate. JOHN LANGDON and SAMUEL LIVERMORE, from New Hampshire. GEORGE CABOT, from Massachusetts. AARON BURR, from New York. JAMES MONROE, from Virginia. Mr. LANGDON, the President of the Senate pro tempore, administered the oath required by law to the VICE PRESIDENT OF THE UNITED STATES. SENATE.] Address of the President. [DECEMBER, 1793. The Secretary read the credentials of the | which no private consideration should ever have torn following Senators appointed for the terms respectively mentioned therein. PIERCE BUTLER, from South Carolina. ALEXANDER MARTIN, from North Carolina. JOHN VINING, from Delaware. The VICE PRESIDENT administered the oath required by law to Mr. BUTLER, Mr. GALLATIN, and Mr. MARTIN, respectively, and they took their seats. STEPHEN MIX MITCHELL, appointed by the State of Connecticut a Senator for two years, in the place of ROGER SHERMAN, deceased, produced his credentials, which being read, the VICE PRESIDENT administered to him the oath required by law, and he took his seat. The VICE PRESIDENT laid before the Senate the petition of Conrad Laub and others, relative to the appointment of Mr. GALLATIN, a Senator of the United States; which was read and ordered to lie on the table. The VICE PRESIDENT also communicated a letter from GEORGE READ, of Delaware, resigning his seat in the Senate; which was read, and ordered to lie on the table. Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business. Ordered, that Messrs. IZARD and LANGDON be a joint committee on the part of the Senate, together with such committee as the House of Representatives may appoint, on their part, to wait on the PRESIDENT OF THE UNITED STATES, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them. A message from the House of Representatives informed the Senate that the House had elected FREDERICK A. MUHLENBERG their Speaker, and that they have concurred with the Senate in appointing a joint committee to wait on the PRESIDENT OF THE UNITED States. Mr IZARD, from the joint committee who had waited on the PRESIDENT, reported that the PRESIDENT Would meet the two Houses to-morrow, at 12 o'clock, in the Senate Chamber. Fellow-Citizens of the Senate, and of the House of Representatives: Since the commencement of the term for which I have been again called into office, no fit occasion has arisen for expressing to my fellow-citizens at large the deep and respectful sense which I feel of the renewed testimony of public approbation. While, on the one hand, it awakened my gratitude for all those instances of affectionate partiality with which I have been honored by my country, on the other, it could not prevent an earnest wish for that retirement from me. But, influenced by the belief that my conduct would be estimated according to its real motives, and that the people, and the authorities derived from them, would support exertions having nothing personal for their object, I have obeyed the suffrage which commanded me to resume the Executive power, and I nations depends, to crown with success our mutual humbly implore that Being on whose will the fate of endeavors for the general happiness. As soon as the war in Europe had embraced those Powers with whom the United States have the most extensive relations, there was reason to apprehend that our intercourse with them might be interrupted, and our disposition for peace drawn into question by the suspicions too often entertained by belligerent nations. It seemed, therefore, to be my duty to admonish our citizens of the consequences of a contraband trade, and of hostile acts to any of the parties, and to obtain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities belonging to our situation. Under these impressions the Proclamation which will be laid before you was issued. In this posture of affairs, both new and delicate, I resolved to adopt general rules, which should conform to the treaties and assert the privileges of the United States. These were reduced into a system, which will be communicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes permitted by our treaty of commerce with France to be brought into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, improve, or enforce this plan of procedure; and it will probably be found expedient to extend the legal code and the jurisdiction of the Courts of the United States to many cases which, though dependent on principles already recognized, demand some further provisions. Where individuals shall, within the United States, array themselves in hostility against any of the Powers at war, or enter upon military expeditions or enterprises within the jurisdiction of the United States; or usurp and exercise judicial authority within the United States; or where the penalties on violations of the law of nations may have been indistinctly marked, or are inadequate-these offences cannot receive too early and close an attention, and require prompt and decisive remedies. Whatsoever those remedies may be, they will be well administered by the Judiciary, who possess a long-established course of investigation, effectual process, and officers in the habit of executing it. In like manner, as several of the courts have doubted, under particular circumstances, their power to liberate the vessels of a nation at peace, and even of a citizen of the United States, although seized under a false color of being hostile property, and have denied their power to liberate certain captures within the protection of our territory, it would seem proper to regulate their jurisdiction in these points; but, if the Executive is to be the resort in either of the two last-mentioned cases, it is hoped that he will be authorized by law to have facts ascertained by the courts, when, for his own information, he shall request it. The connection of the United States with Europe has become extremely interesting. The occurrences which relate to it and have passed under the knowledge of the Executive, will be exhibited to Congress in a subsequent communication. When we contemplate the war on our frontiers, it may be truly affirmed that every reasonable effort has been made to adjust the causes of dissension with the Indians north of the Ohio. The instructions [SENATE, lative proceedings of the United States will never, I trust, be reproached for the want of temper or of candor, so shall not the public happiness languish from the want of my strenuous and warmest co-operation. G. WASHINGTON. PHILADELPHIA, December 3, 1793. The PRESIDENT having retired, the two Houses separated. Messrs. ELLSWORTH, BUTLER, IZARD, LANGDON, and RUTHERFORD, were named. given to the Commissioners evince a moderation and equity proceeding from a sincere love of peace and a On motion, a committee of five was appointliberality having no restriction but the essential in-ed to report the draft of an Address to the terests and dignity of the United States. The at- PRESIDENT, in answer to his Speech to both tempt, however, of an amicable negotiation having Houses. been frustrated, the troops have marched to act offensively. Although the proposed treaty did not arrest the progress of military preparation, it is doubtful how far the advance of the season, before good faith justified active movements, may retard them, during the remainder of the year. From the papers and intelligence which relate to this important subject, you will determine whether the deficiency in the number of troops granted by law shall be compensated by succors of militia, or additional encouragements shall be proposed to recruits. An anxiety has been also demonstrated by the Executive for peace with the Creeks and the Cherokees. The former have been relieved with corn and with clothing, and offensive measures against them prohibited during the recess of Congress. To satisfy the complaints of the latter, prosecutions have been instituted for the violence committed upon them. But the papers which will be delivered to you, disclose the critical footing on which we stand in regard to both those tribes, and it is with Congress to pronounce what shall be done. Gentlemen of the House of Representatives: The productiveness of the public revenues hitherto has continued to equal the anticipations which were formed of it, but it is not expected to prove commensurate with all the objects which have been suggested. Some auxiliary provisions will, therefore, it is presumed, be requisite; and it is hoped that these may be made consistently with a due regard to the convenience of our citizens, who cannot but be sensible of the true wisdom of encountering a small present addition to their contributions, to obviate a future accumulation of burdens. But here I cannot forbear to recommend a repeal of the tax on the transportation of public prints. There is no resource so firm for the Government of the United States as the affections of the people, guided by an enlightened policy; and to this primary good nothing can conduce more than a faithful representation of public proceedings, diffused without restraint, throughout the United States. An estimate of the appropriations necessary for the current service of the ensuing year, and a statement of a purchase of arms and military stores, made during the recess, will be presented to Congress. Gentlemen of the Senate, and of the House of Representatives: The several subjects to which I have now referred open a wide range to your deliberations, and involve some of the choicest interests of our common country. Permit me to bring to your remembrance the magnitude of your task. Without an unprejudiced coolness, the welfare of the Government may be hazarded; without harmony, as far as consists with freedom of sentiment, its dignity may be lost. But, as the Legis THURSDAY, December 5. The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and of the House of Representatives: As the present situation of the several nations of Europe, and especially of those with which the United States have important relations, cannot but render the state of things between them and us matter of interesting inquiry to the Legislature, and may indeed give rise to deliberations to which they alone are competent, I have thought it my duty to communicate to them certain correspondences which have taken place. The Representative and Executive bodies of France this country, have given advantages to our commerce have manifested generally a friendly attachment to and navigation, and have made overtures for placing these advantages on permanent ground. A decree, however, of the National Assembly, subjecting vessels laden with provisions to be carried into their ports, and making enemy goods lawful prize in the vessel of a friend, contrary to our Treaty, though revoked at one time as to the United States, has been since extended to their vessels also, as has been recently stated to us. Representations on this subject will be immediately given in charge to our Minister there, and the result shall be communicated to the Legislature. It is with extreme concern I have to inform you that the proceedings of the person whom they have unfortunately appointed their Minister Plenipotentiary here have breathed nothing of the friendly spirit of the nation which sent him; their tendency, on the contrary, has been to involve us in war abroad and discord and anarchy at home. So far as his acts, or those of his agents, have threatened our immediate commitment in the war, or flagrant insult to the authority of the laws, their effect has been counteracted by the ordinary cognizance of the laws, and by Where an exertion of the powers confided to me. their danger was not imminent, they have been borne with, from sentiments of regard to his nation, from a sense of their friendship towards us, from a conviction that they would not suffer us to remain long exposed to the action of a person who has so little respected our mutual dispositions, and, I will add, from a reliance on the firmness of my fellow-citizens in their principles of peace and order. In the mean time, I have respected and pursued the stipulations of our treaties, according to what I judged their true sense, and have withheld no act of friendship which their affairs have called for from us, and which justice to others left us free to perform. I have gone further: SENATE.] Reply to the President. [DECEMBER, 1793. rather than employ force for the restitution of certain | opening of the session. Your re-election to the Chief vessels which I deemed the United States bound to Magistracy of the United States gives us sincere pleasrestore, I thought it more advisable to satisfy the ure. We consider it as an event every way propitious parties by avowing it to be my opinion that, if resti- to the happiness of our country; and your complitution were not made, it would be incumbent on the ance with the call, as a fresh instance of the patriotUnited States to make compensation. The papers ism which has so repeatedly led you to sacrifice prinow communicated will more particularly apprise you vate inclination to the public good. In the unanimity of these transactions. which a second time marks this important national act, we trace, with particular satisfaction, besides the distinguished tribute paid to the virtues and abilities which it recognizes, another proof of that just discernment and constancy of sentiments and views which | have hitherto characterized the citizens of the United States. The vexations and spoliation understood to have been committed on our vessels and commerce by the cruisers and officers of some of the belligerent Powers, appeared to require attention. The proofs of these, however, not having been brought forward, the descriptions of citizens supposed to have suffered were notified that, on furnishing them to the Executive, due measures would be taken to obtain redress of the past, and more effectual provisions against the future. Should such documents be furnished, proper representations will be made thereon, with a just reliance on a redress proportioned to the exigency of the case. The British Government having undertaken, by orders to the commanders of their armed vessels, to restrain generally our commerce in corn and other provisions to their own ports, and those of their friends, the instructions now communicated were immediately forwarded to our Minister at that Court. In the mean time, some discussions on the subject took place between him and them. These are also laid before you, and I may expect to learn the result of his special instructions in time to make it known to the Legislature during their present session. Very early after the arrival of a British Minister here mutual explanations on the inexecution of the Treaty of Peace were entered into with that Minister. These are now laid before you for your information. On the subjects of mutual interest between this country and Spain, negotiations and conferences are now depending. The public good requiring that the present state of these should be made known to the Legislature in confidence only, they shall be the subject of a separate and subsequent communication. G. WASHINGTON. UNITED STATES, December 5, 1793. "As the European Powers with whom the United States have the most extensive relations were involved in war, in which we had taken no part, it seemed necessary that the disposition of the nation for peace should be promulgated to the world, as well for the purpose of admonishing our citizens of the consequences of a contraband trade and of acts hostile to any of the belligerent parties, as to obtain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities of our situation; we, therefore, contemplate with pleasure the Proclamation, by you issued, and give it our hearty approbation. We deem it a measure welltimed and wise, manifesting a watchful solicitude for the welfare of the nation, and calculated to promote it. "The several important matters presented to our consideration will, in the course of the session, engage all the attention to which they are respectively entitled; and, as the public happiness will be the sole guide of our deliberations, we are perfectly assured of receiving your strenuous and most zealous co-operation. "JOHN ADAMS, "Vice President of the United States, and President of the Senate." Ordered, That Messrs. ELLSWORTH and BUTLER wait on the PRESIDENT OF THE UNITED STATES, and desire him to acquaint the Senate at what time and place it will be most convenient for him that the foregoing Address should be presented. TUESDAY, December 10. JOHN BROWN, from the State of Kentucky, attended to-day. Mr. ELLSWORTH reported, from the committee appointed yesterday to wait on the PRESIDENT OF THE UNITED STATES, that the PRESIDENT proposed to receive the Address of the Senate this day, at 12 o'clock, at his own house. Whereupon, the Senate waited on the PRESIDENT OF THE UNITED STATES, and the VICE PRESIDENT, in their name, presented the Address agreed to on the ninth instant. To this Address the PRESIDENT OF THE UNITED STATES was pleased to make the following Reply: "GENTLEMEN: The pleasure expressed by the Senate on my re-election to the station which I fill, commands my sincere and warmest acknowledgments. If this be an event which promises the smallest addition to the happiness of our country, as it is my duty, so shall it be my study, to realize the "Accept, sir, the thanks of the Senate for your Speech delivered to both Houses of Congress at the expectation. JANUARY, 1794.] Amendment to the Constitution. [SENATE. "The decided approbation which the Proclama- rad Laub and others, stating that the Hon. tion now receives from your House, by completing the proofs that this measure is considered as manifesting a vigilant attention to the welfare of the United States, brings with it a peculiar gratification to my mind. "The other important subjects which have been communicated to you will, I am confident, receive a due discussion; and the result will, I trust, prove fortunate to the United States. "G. WASHINGTON." ALBERT GALLATIN, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States as is required by the constitution; which report was read, and ordered to lie for consideration. WEDNESDAY, January 1, 1794. The Senate proceeded to the consideration of the report of the committee to whom was referred the petition of Conrad Laub and others. The Senate then returned to their Chamber, On motion to postpone the consideration of and resumed the reading of the papers commu- the report until to-morrow, it was agreed to nicated in the message of the PRESIDENT OF THE amend this motion, by striking out the words UNITED STATES of the 5th instant, but adjourned" to-morrow," and to insert, in lieu thereof, before they were got through. WEDNESDAY, December 11. CALEB STRONG, from Massachusetts, attended to-day. The credentials of Mr. BROWN and Mr. STRONG were read, the usual oath administered to them, and they took their seats. FRIDAY, December 13. WILLIAM BRADFORD, from Rhode Island, and JOHN TAYLOR, from Virginia, attended, produced their credentials, and took the usual oath and their seats. MONDAY, December 16. JAMES JACKSON, from Georgia, attended, produced his credentials, and, the oath required by law being administered to him, he took his seat in the Senate. TUESDAY, December 17. JOHN VINING, from Delaware, appeared, and, the oath required by law being, by the VICE PRESIDENT, administered to him, he took his seat in the Senate. TUESDAY, December 24. Exclusion of Bank Officers and Stockholders from Congress. The following motion was made and seconded, to wit: That the constitution be amended by adding, at the end of the ninth section of the first article, the following clause: "Nor shall any person holding any office or stock in any institution in the nature of a bank for issuing or discounting bills or notes payable to bearer or order, under the authority of the United States, be a member of either House whilst he holds such office or "Thursday, the 9th instant." THURSDAY, January 2. A motion was made that it be tives of the United States of America in Congress assem"Resolved, by the Senate and House of Representabled, two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by three-fourths of the said Legislatures, shall be valid as part of the said constitution, to wit: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." MONDAY, January 13. The Senate resumed the consideration of the petition of Conrad Laub and others, respecting the appointment of Mr. GALLATIN to be a Senator of the United States. On motion, Ordered, That a Committee of Elections, to consist of seven, be appointed, and that the petition of Conrad Laub and others be referred, without prejudice as to any questions which may, upon the hearing, be raised by the sitting member, as to the sufficiency of the parties and the inatter charged in the petition, to the same committee, to state the facts, and that they be authorized to send for persons, and papers; also, that Messrs. BRADLEY, ELLSWORTH, MITCHELL, RUTHERFORD, BROWN, LIVERMORE, and TAYLOR, be this committee. TUESDAY, January 14. Agreeably to the order of the day, the Senate took into consideration the motion made yesterstock, but no power to grant any charter of incorpo-day for an amendment to the Constitution of ration, or any commercial or other monopoly, shall the United States, respecting the Judicial power be herein implied." And it was agreed that this motion should lie for consideration. TUESDAY, December 31. thereof. And, on the question to agree to the resolution as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the folMr. RUTHERFORD reported, from the commit-lowing article be proposed to the Legislatures of the tee to whom was referred the petition of Con- several States, as an amendment to the Constitution |