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: 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 [Here follows the statement of facts, and the ques-consent of the acknowledged proprietors, and obtained with the full understanding and free tions thereto annexed, and the answer of the Senate to each question.] be made, was their interpretation of the clause in the constitution which requires the advice and consent of the Senate 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 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 important, and even unusual and extraordinary treaties, and with foreign powers, have come to be negotiated (often times) without even the knowledge of the Senate, concealed from it until concluded, and then laid before the body for 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 beforehand on the point of establishing the boundary line with Great Britain on the parallel of 49 degrees; whereof the secret as well as the public history may be seen in the Thirty Years' View," under the proper year. 44 The per sonal attendance of the President and Secretaries being found to be inconvenient, that part of the mode of communication was dispensed with in Washington's time. 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 some, and honorary military distinctions to *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. WEDNESDAY, September 16. The following message from the President of the United States was received by the Secretary of War. Gentlemen of the Senate: 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 August, 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 consider any treaty negotiated and signed by such indiscretions of ministers or commissioners, not to 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 enjoin 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. 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. GEO. WASHINGTON. September 29, 1789. 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. 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 Constitution. + Rhode Island, for the same cause, did not appear till the third Session. Mr. Bland deceased during the second recess of Congress, and was succeeded at the third Session by William B. Giles. Several other members attended, viz: from New Hampshire, NICHOLAS GILMAN; from Massachusetts, BENJAMIN GOODHUE; from Connecticut, ROGER SHERMAN and JONATHAN STURGES; and from Pennsylvania, HENRY WYNKOOP; and no other members arriving, a quorum not being present, the House adjourned, from day to day, until the 14th instant. WEDNESDAY, March 18. ANDREW MOORE, from Virginia, took his seat. No other member appearing, the House adjourned, from day to day, until the 23d instant. MONDAY, March 23. The following members appeared, to wit:From New Jersey, ELIAS BOUDINOT; and from Maryland, WILLIAM SMITH. No additional member appeared on the 24th. WEDNESDAY, March 25. JONATHAN PARKER, from Virginia, appeared and took his seat. No additional member arrived until the 30th instant. MONDAY, March 30. GEORGE GALE, from Maryland, and THEOtook their seats. DORICK BLAND, from Virginia, appeared and No additional member on the 31st instant. WEDNESDAY, April 1. SCHUREMAN, from New Jersey, and THOMAS SCOTT, from Pennsylvania, who, forming a quorum of the whole body, it was, on motion, Two other members appeared, to wit: JAMES Resolved, That this House will proceed to the choice of a Speaker by ballot. The House accordingly proceeded to ballot for a Speaker, when it was found that a majority of the votes were in favor of FREDERICK AUGUSTUS MUHLENBERG, one of the Representatives from Pennsylvania. Whereupon Mr. MUHLENBERG was conducted to the chair, from whence he made his acknowledgments to the House for so distinguished an honor. The House then proceeded in the same manner to the appointment of a Clerk, when it was found that Mr. JOHN BEOKLEY was elected. H. OF R.] On motion, Mr. Speaker accordingly left the chair, and Ordered, That the members do severally de-attended by the House, withdrew to the Senate liver in their credentials at the Clerk's table. Chamber, and after some time returned to the House. THURSDAY, April 2. Mr. Speaker resumed the chair. Mr. PARKER and Mr. HEISTER then delivered LAMBERT CADWALADER, from New Jersey, in at the Clerk's table a list of the votes of the appeared and took his seat. FRIDAY, April 3. electors of the several States in the choice of a President and Vice President of the United States, as the same were declared by the President of the Senate, in the presence of the Senate which was ordered to be GEORGE CLYMER, from Pennsylvania, appear- and of this House, ed and took his seat. Resolved, That the form of the oath to be taken by the members of this House, as required by the third clause of the sixth article of the Constitution of Government of the United States, be as followeth, to wit: "I, A B, a Representative of the United States in the Congress thereof, do solemnly swear (or affirm, as the case may be) in the presence of Almighty GOD, that I will support the Constitution of the United States. So help me God." A message from the Senate, by Mr. ELLS WORTH. Mr. SPEAKER: I am charged by the Senate to inform this House, that a quorum of the Senate is now formed; that a President is elected for the sole purpose of opening the certificates and counting the votes of the electors of the several States, in the choice of a President and Vice President of the United States; and that the Senate is now ready in the Senate Chamber, to proceed, in presence of this House, to discharge that duty. I have it also in further charge to inform this House that the Senate has appointed one of its members to sit at the Clerk's table to make a list of the votes as they shall be declared, submitting it to the wisdom of this House to appoint one or more of its members for the like pur pose. On motion, Resolved, That Mr. Speaker, attended by the House, do now withdraw to the Senate Chamber, for the purpose expressed in the message from the Senate; and that Mr. PARKER and Mr. HEISTER be appointed on the part of this House, to sit at the Clerk's table with the member of the Senate, and make a list of the votes, as the same shall be declared. entered on the Journal.* WEDNESDAY, April 8. Two other members, to wit: JNO. LAWRENCE, from New York, and THOMAS FITZSIMONS, from Pennsylvania, appeared and took their seats. Duties on Imports. On motion, the House resolved itself into a Committee of the Whole on the state of the Union, Mr. PAGE in the chair. Mr. MADISON.-I take the liberty, Mr. Chairman, at this early stage of the business, to introduce to the committee a subject, which appears to me to be of the greatest magnitude; a subject, sir, that requires our first attention, and our united exertions. No gentleman here can be unacquainted with the numerous claims upon our justice; nor with the impotency which prevented the late Congress of the United States from carrying into effect the dictates of gratitude and policy. The union, by the establishment of a more effective government, having recovered from the state of imbecility that heretofore prevented a performance of its duty, ought, in its first act, to revive those principles of honor and honesty that have too long lain dormant. The deficiency in our Treasury has been too notorious to make it necessary for me to animadvert upon that subject. Let us content ourselves with endeavoring to remedy the evil. To do this a national revenue must be obtained; but the system must be such a one, that, while it secures the object of revenue, it shall not be oppressive to our constituents. Happy it is for us that such a system is within our power; for I apprehend that both these objects may be obtained from an impost on articles imported into the United States. In pursuing this measure, I know that two points occur for our consideration. The first respects the general regulation of commerce; which, in my opinion, ought to be as free as the policy of nations will admit. The second relates to revenue alone; and this is the point I mean more particularly to bring into the view of the committee. Not being at present possessed of sufficient materials for fully elucidating these points, and our situation admitting of no delay, I shall pro For this list see the Senate Journal. |