BOT, ELLSWORTH, and Ross, were appointed thereon. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of certain officers and soldiers who have been wounded or disabled in the actual service of the United States;" also, a bill, entitled "An act for the relief of Benjamin Strother;" to which bills, respectively, they desire the concurrence of the Senate. The bills last brought from the House of Representatives for concurrence were severally read, and ordered to a second reading. MONDAY, February 22. The bill sent from the House of Representatives for concurrence, entitled "An act for the relief of Benjamin Strother," was read the second time, and referred to Messrs. LIVERMORE, PAINE, and LANGDON, to consider and report thereon to the Senate. [MARCH, 1796. The VICE PRESIDENT laid before the Senate a Letter from Samuel Meredith, Treasurer, accompanied by his account of expenditures in the quarter ending the 31st of December last, which was read. Ordered, That the Letter and account lie for consideration. MONDAY, February 29. On motion, by Mr. MARSHALL, "That the Letter from the Governor of the State of Kentucky, with divers papers accompanying the same, communicated to the Senate on the 26th instant, be referred to a committee:" It was agreed to postpone the consideration of the motion until to-morrow. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "an act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to certain The bill, sent from the House of Representa- officers of both Houses;" a bill, entitled "An act tives for concurrence, entitled "An act for the re- for the relief of Jose Roiz Silva;" a bill, entitled lief of certain officers and soldiers who have been" An act providing relief, for a limited time, in wounded or disabled in the actual service of the United States," was read the second time, and referred to Messrs. ELLSWORTH, STRONG, and FOSTER, to consider and report thereon to the Senate. TUESDAY, February 23. Mr. LIVERMORE, from the committee to whom was referred the bill sent from the House of Representatives for concurrence, entitled "An act for the relief of Benjamin Strother," reported, that the bill pass without amendment, and the report was adopted. And, by unanimous consent, the rule was dispensed with, and the bill read the third time, and passed. WEDNESDAY, February 24. Mr. STRONG presented the petition of Rufus Putnam and others, in behalf of the Ohio Company, praying for Legislative aid in making use of the reserved rights; which was read, and referred to Messrs. BROWN, CABOT, and Ross, to consider and report thereon to the Senate. THURSDAY, February 25. The Senate assembled, and, after the consideration of the Executive business, adjourned. FRIDAY, February 26. The VICE PRESIDENT laid before the Senate a Letter from the Governor of the State of Kentucky, with divers papers accompanying the same. The Letter and papers therein referred to were read, and ordered to lie on the table. Mr. STRONG, from the committee appointed for that purpose, on the 17th instant, reported a bill for the relief of persons imprisoned for debt; which was read the first time, and ordered to a second reading on Tuesday next. certain cases of invalid registers; and a bill, entitled "An act for the relief of Israel Loring;" in which several bills they desire the concurrence of the Senate. The bills last mentioned were severally read, and ordered to a second reading. TUESDAY, March 1. The bill sent from the House of Representatives for concurrence, entitled "An act for the relief of Israel Loring," was read the second time, and referred to Messrs. STRONG, LANGDON, and LIVERMORE, to consider and report thereon to the Senate. The bill, sent from the House of Representatives for concurrence, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to certain officers of both Houses," was read the second time, and the consideration thereof postponed. The bill for the relief of persons imprisoned for debt, was read a second time; and, after debate, it was agreed to postpone the further consideration of this bill. PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and of the House of Representatives : The Treaty of Amity, Commerce, and Navigation, concluded between the United States of America and His Britannic Majesty, having been duly ratified, and the ratifications having been exchanged at London on the 28th day of October, 1795, I have directed the same to be promulgated; and herewith transmit a copy thereof for the information of Congress. G. WASHINGTON. UNITED STATES, March 1, 1796. The Message was read, and ordered to lie on the table. Mr. STRONG, from the committee to whom was referred the bill, sent from the House of Repre sentatives for concurrence, entitled "An act for the relief of Israel Loring," reported that the bill pass without amendment. And, by unanimous consent, the rule was dispensed with, and the bill was read the third time, and passed. The bill, sent from the House of Representatives for concurrence, entitled "An act providing relief, for a limited time, in certain cases of invalid registers,” was read the second time, and ordered to a third reading. [SENATE. Ordered, That this bill pass to a third reading. Mr. MASON presented the memorial of Richard be granted to original procurers of inventions, beClaiborne, praying that such encouragement may which memorial was read, and ordered to lie on ing Americans, as may be thought expedient; the table. FRIDAY, March 4. The bill for the relief of persons imprisoned for debt, was read the third time, and passed. The bill, sent from the House of Representa The bill, sent from the House of Representatives for concurrence, entitled "An act for allowing compensation to the members of the Senate tives for concurrence, entitled "An act for the relief of Jose Roiz Silva," was read the second time, and House of Representatives of the United States, and referred to Messrs. KING, ELLSWORTH, and and to certain officers of both Houses," was read a BRADFORD, to consider and report thereon to the third time, and passed. Senate. The Senate resumed the consideration of the motion, made on the 29th of February, respecting the Letter and papers from the Governor of the State of Kentucky; and Ordered, That they be referred to Messrs. LIVERMORE, ROSS, KING, RUTHERFORD, and STRONG, to consider and report thereon to the Senate. A message from the House of Representatives informed the Senate that the House agree to some, and disagree to other amendments of the Senate to the bill, entitled "An act for establishing trading houses with the Indian tribes." ments. THURSDAY, March 3. The VICE PRESIDENT Communicated a Letter from OLIVER ELLSWORTH, in which he states that he hath accepted the appointment of Chief Justice of the United States, which, of course, vacates his seat in the Senate; which Letter was read, and ordered to lie on file. Mr. BURR attended to-day. The Senate proceeded to the consideration of their amendments disagreed to by the House of Representatives, to the bill, entitled "An act for establishing trading houses with the Indian tribes." Resolved, That they insist on their said amendThe bill, sent from the House of RepresentaThe bill, sent from the House of Representatives for concurrence, entitled "An act making a partial appropriation for the support of the Militives for concurrence, entitled "An act providing relief, for a limited time, in certain cases of inva-tary Establishment for the year one thousand seven hundred and ninety-six," was read the second lid registers," was read the third time, and passed. time, and, by unanimous consent, the rule was disThe bill, sent from the House of Representa-pensed with, and the bill was read the third time, tives for concurrence, entitled "An act for allowand passed. ing compensation to the members of the Senate Mr. RUTHERFURD presented the memorial of and House of Representatives of the United States, and to certain officers of both Houses," was read Anthony Walton White, Colonel of the first rethe second time; and after agreeing to an amend-giment of dragoons in the service of the United ment, Ordered, That this bill pass to a third reading. The Senate resumed the second reading of the bill for the relief of persons imprisoned for debt. On motion to amend the bill in the second sec tion by inserting the word "persons," in lieu of the words "Justices of the Peace;" it was determined in the affirmative—Yeas 23, nays 1, as follows: YEAS. Messrs. Bingham, Bloodworth, Bradford, States, praying the reimbursement of a sum of of the House of Representatives : Brown, Cabot, Ellsworth, Foster, Henry, King, Lang- I send, herewith, for the information of Congress, the don, Latimer, Livermore, Mason, Paine, Potts, Robin-Treaty concluded between the United States and the son, Ross, Rutherfurd, Strong, Tazewell, Trumbull, Dey and Regency of Algiers. Vining, and Walton. Mr. Martin voted in the negative. G. WASHINGTON. UNITED STATES, March 8, 1796. The Message was read, and ordered to lie on the table. WEDNESDAY, March 9. Ordered, That the VICE PRESIDENT be requested to notify the Executive of the State of Connecticut that ÓLIVER ELLSWORTH hath accepted the appointment of Chief Justice of the United States, and that his seat in the Senate is of course vacated. THURSDAY, March 10. On motion, [MARCH, 1796. That so much of the resolution of the Senate, of the tenth day of February last, as requires the statements therein mentioned to be reported to the Senate, in the month of January, annually, and to be made up to the first day of October next, preceding, be repealed; and that the said statements be reported to the Senate in the month of December, annually, and made up to the first day of October, of the year preceding such reports :" It was agreed that the motion lie on the table. The bill authorizing the settlement of the demands of Anthony Walton White against the The Senate assembled; and, on motion, ad- United States, was read a second time; and, after journed. FRIDAY, March 11. Mr. LIVERMORE reported, from the committee to whom was referred the Letter of the Governor, and the memorial of the Representatives of the State of Kentucky, with the papers accompanying them; and the report was read, and ordered to lie on the table. Mr. KING reported, from the committee to whom was referred the bill, entitled "An act for the relief of Jose Roiz Silva," that the bill pass; and, after debate, Ordered, That the consideration of this bill be postponed until Monday next. Mr. Ross, from the committee to whom was referred the memorial of the clerks under the Government of the United States, reported a bill making an extra allowance to certain clerks in the public offices, and to the widows of certain deceased clerks; which was read, and ordered to a second reading. Mr. STRONG, from the committee to whom was referred the memorial of Anthony Walton White, reported a bill authorizing the settlement of his demands against the United States; which was read, and ordered to a second reading. On motion, "That a committee be appointed to bring in a bill reviving, for a limited time, the act, entitled "An act limiting the time for presenting claims for destroyed certificates of certain descriptions:" debate, Ordered, That the further consideration of the bill be postponed. The bill making an extra allowance to certain clerks in the public offices, and to the widows of certain deceased clerks, was read the second time; and, after debate, Ordered, That the further consideration of this bill be postponed. The Senate resumed the consideration of the motion, made on the 11th instant, that a committee be appointed on the subject of destroyed certificates. Whereupon, Ordered, That Mr. KING have permission to introduce a bill reviving, for a limited time, the act, entitled "An act limiting the time for presenting claims for destroyed certificates of certain descriptions." Ordered, That the Secretary of the Senate deliver to the Chairman of the Committee of the House of Representatives, on the subject of Weights and Measures, the Standards transmitted, by order of the Committee of Public Safety of France, to the PRESIDENT OF THE UNITED STATES, and, with his Message, transmitted to Congress, during the last session. The Senate resumed the second reading of the bill, sent from the House of Representatives, for concurrence, entitled: "An act for the relief of Jose Roiz Silva." Ordered, That this bill pass to a third reading. The Senate proceeded to the consideration of the report of the committee, to whom was refer It was agreed that the motion lie for conside-red the letter of the Governor, and the memorial ration. MONDAY, March 14. Mr.LIVERMORE presented the memorial of Catharine Greene, widow of General Greene, praying the interposition of Congress in respect to a decree of the Court of Equity of the State of South Carolina, obtained by Harris and Blackford, merchants, of Great Britain, against the heirs of her late husband; which was read, and ordered to lie on the table. The VICE PRESIDENT laid before the Senate a Report of the Secretary for the Department of the Treasury, with a return of exports for the year ending 30th September, 1795. The report was read and ordered to lie for consideration. of the Representatives, of the State of Kentucky, with the papers accompanying them; and, after debate, Ordered, That the further consideration thereof be postponed until to-morrow. TUESDAY, March 15. PRESIDENT OF THE UNITED STATES: of the House of Representatives: provide a Naval Armament," it is enacted, “That, if a By the ninth section of the act, entitled "An act to peace should take place between the United States and the Regency of Algiers, that no further proceedings be had under this act." The peace which is here contemplated having taken MARCH, 1796.] Proceedings. [SENATE. place, it is incumbent upon the Executive to suspend Ordered, That the consideration of the report all orders respecting the building of the frigates, pro- of the committee, to whom was referred the letter curing materials for them, or preparing materials al- of the Governor, and the memorial of the Repreready obtained, which may be done without entrench-sentatives, of the State of Kentucky, with the paing upon contracts and agreements, made and entered pers accompanying them, be further postponed. The Senate resumed the consideration of the motion made the 14th instant, respecting the returns from the Department of Treasury, of im into before this event. But, inasmuch as the loss which the public would incur might be considerable, from the dissipation of workmen, from certain works or operations being suddenly dropped or left unfinished, and from the derange-ports, exports, and tonnage: whereupon, ment in the whole system, consequent upon an immediate suspension of all proceedings under it; I have therefore thought advisable, before taking such a step, to submit the subject to the Senate and the House of Representatives, that such measures may be adopted, in the premises, as may best comport with the public interest. G. WASHINGTON. UNITED STATES, March 15, 1796. The Message was read and ordered to lie for consideration. The bill sent from the House of Representatives, for concurrence, entitled "An act for the relief of Jose Roiz Silva," was read the third time, and passed. Resolved, That so much of the resolution of the Senate, of the tenth day of February last, as requires the statements therein mentioned to be reported to the Senate, in the month of January, annually, and to be made up to the first day of October next preceding, be repealed; and that the said statements be reported to the Senate in the month of December, annually, and made up to the first day of October, of the year preceding such reports. Ordered, That the Message of the PRESIDENT OF THE UNITED STATES, of the 15th instant, reto Messrs. BINGHAM, READ, and CABOT, to conspecting the equipment of the frigates, be referred sider and report thereon to the Senate. THURSDAY, March 17. Mr. STRONG, from the committee to whom was referred the bill, entitled “An act for the relief of The bill making an extra allowance to certain certain officers and soldiers, who have been wound-clerks in the public offices, and to the widows of ed or disabled in the actual service of the United certain deceased clerks, was read the third time. States," reported that the bill pass without amend- On motion to insert the names of William Lamment; whereupon, the bill was ordered to a third bert and Bernard Webb, it passed in the negative. reading. On motion to strike out one hundred dollars," the provision for the widows of deceased clerks, for the purpose of inserting a larger sum, it passed in the negative. The second reading of the bill authorizing the settlement of the demands of Anthony Walton White, against the United States, was resumed; and, on the question to agree to the enacting clause Resolved, That this bill pass; that it be engrossin the bill, it passed in the negative. So the billed; and that the title thereof be "An act making was rejected. an extra allowance to certain clerks in the public offices, and to the widows of certain deceased clerks." On motion, it was agreed that the motion made yesterday, respecting returns from the Department of Treasury, of imports, exports, and tonnage, should be further postponed. The Senate resumed the consideration of the report of the committee, to whom was referred the letter of the Governor, and the memorial of the Representatives, of the State of Kentucky, with the papers accompanying them; and, after debate, the Senate adjourned. WEDNESDAY, March 16. The VICE PRESIDENT laid before the Senate a Report from the Secretary for the Department of War, on the case of certain invalid pensioners of the State of Massachusetts; which was read and ordered to lie for consideration. Mr. BINGHAM reported, from the committee to whom was referred the Message of the PRESI DENT OF THE UNITED STATES, of the 15th instant, respecting the equipment of the frigates. The report was read, and ordered to lie on the table. The Senate resumed the consideration of the report of the committee to whom was referred the letter from the Governor, and the memorial of the Representatives, of the State of Kentucky, with the papers accompanying them, which is as follows: "That the representatives of the freemen of Kentucky state, in their memorial, that, in February, 1795, a pamphlet was published by George Muter and Benjamin Sebastian, (who were two Judges of the Court of Appeals,) in which they say that Humphrey Marshall The bill, sent from the House of Representa-in which it appearing manifest, from the oath of the had a suit in chancery, in the said Court of Appeals, tives for concurrence, entitled "An act for the relief of certain officers and soldiers, who have been wounded or disabled in the actual service of the United States," was read the third time, and passed. The Senate resumed the second reading of the bill making an extra allowance to certain clerks in the public offices, and to the widows of certain deceased clerks; and, having agreed to an amendment, the bill was ordered to a third reading. complainant, from disinterested testimony, from records, contradictions contained in his own answer, that he from documents furnished by himself, and from the had committed a gross fraud, the Court gave a decree against him; and that, in the course of the investigation, he was publicly charged with perjury. That Mr. Marshall, in a publication in the Kentucky Gazette, called for a specification of the charge; to which the said George Muter and Benjamin Sebastian, in a like publication, replied, that he was guilty of perjury in his answer to the bill in chancery, exhibited against him by James Wilkinson, and that they would plead justification to any suit brought against them therefor. That no such suit, as the said Representatives could learn, had been brought. The said Representatives further say, that they do not mean to give an opinion on the justice of the said charge, but request that an investigation may immediately take place relative thereto. 66 Your committee observe that the said suit was tried eighteen months before Mr. Marshall was chosen a member of the Senate, and that, previous to his election, mutual accusations had taken place between him and the Judges of the said Court, relating to the same suit. "The Representatives of Kentucky have not furnished any copy of Mr. Marshall's answer on oath, nor have they stated any part of the testimony, or produced any of the said records or documents, or the copy of any paper, in the cause, nor have they intimated a design to bring forward those or any other proofs. "Your committee are informed, by the other Senator and two Representatives in Congress, from Kentucky, that they have not been requested by the Legislature of that State to prosecute this inquiry, and that they are not possessed of any evidence in the case, and that they believe no person is authorized to appear on behalf of the Legislature. [MARCH, 1796. port, a motion was made to amend the part proposed to be struck out by expunging these words: "of two men who take no pains to conceal their personal resentment," and it was agreed that this motion was not in order. A motion was made to divide the original motion for striking out, and retain the words from "if in the present case," inclusive, to the word, "innocent," at the end of the first paragraph; and, after debate, the Senate adjourned. FRIDAY, March 18. Mr. VINING presented the petition of Charles King and others, citizens of the State of Delaware, praying the establishment of an office to license, register, enter, and clear vessels, more conveniently placed than at Wilmington; which petition was read, and referred to Messrs. VINING, HENRY, and BINGHAM, to consider and report thereon to the Senate. The Senate resumed the consideration of the report of the committee to whom was referred the letter from the Governor, and the memorial of the Representatives of the State of Kentucky, with the papers accompanying them, together with the motion made thereon, and under debate yesterday; and a motion was made to amend the motion by expunging from the report all that follows the words "the memorial could not be sustained." And. after debate, the Senate adjourned. SATURDAY, March 19. “Mr. Marshall is solicitous that a full investigation of the subject should take place in the Senate, and urges the principle that consent takes away error, as applying on this occasion, to give the Senate jurisdiction; but, as no person appears to prosecute, and there is no evidence adduced to the Senate, nor even a specific charge, the committee think any further inquiry by the Senate would be improper. If there were no objections The Senate resumed the consideration of the of this sort, the committee would still be of opinion report of the committee to whom was referred the that the memorial could not be sustained. They think letter from the Governor, and the memorial of the that, in a case of this kind, no person can be held to an- Representatives of the State of Kentucky, with swer for an infamous crime, unless on a presentment the papers accompanying them; also, the motion or indictment of a grand jury, and that, in all such pros- made thereon, and under debate yesterday, toecutions, the accused ought to be tried by an impartial jury of the State and district wherein the crime shall gether with the motion for amendment, by exhave been committed. If, in the present case, the par-punging from the report all that follows the words "the memorial could not be sustained ;" and a ty has been guilty in the manner suggested, no reason has been alleged, by the memorialists, why he has not motion was made to postpone the report, and the long since been tried in the State and district where he motions made thereon, and to take into consideracommitted the offence. Until he is legally convicted, tion the following resolution: the principles of the Constitution and of the common law concur in presuming that he is innocent. And the committee are compelled, by a sense of justice, to declare, that, in their opinion, this presumption in favor of Mr. Marshall is not diminished by the recriminating publications of two men, who take no pains to conceal their personal resentment against him. "Whereas the honorable the Legislature of the State of Kentucky have, by their memorial, transmitted by the Governor of said State, informed the Senate that Humphrey Marshall, a Senator from the said State, had been publicly charged with the crime of perjury, and requested that an inquiry might be thereupon instituted, in which request the said Humphrey Marshall has united; and it being highly interesting, as well to the honor of the said State as to that of the Senate, and an act of justice due to the character of the said Humphrey Marshall that such inquiry should be had: therefore, "Whatever motives induced the Legislature of Kentucky to call the attention of the Senate to the above mentioned publications, the committee are of opinion that, as the Constitution does not give jurisdiction to the Senate, the consent of the party cannot give it, and that, therefore, the said memorial ought to be dismissed." "Resolved, That the Senate will proceed to the examination of the said charge on the day of the On motion to postpone the consideration of the next session of Congress; that, in the opinion of the report until to-morrow, it passed in the negative, Senate, a conviction or acquittal in the ordinary courts and, after debate, on motion to reconsider the of justice of the said State would be the most satisfacquestion for postponement, it passed in the ne-tory evidence on this occasion; but that, if this should gative. not be attainable, by reason of any act of limitation or On motion to expunge all the words from "if in other legal impediment, such other evidence will be rethe present case," inclusive, to the end of the re-ceived as the nature of the case may admit and require |