and more the object of their attachment and confidence. GEO. WASHINGTON. UNITED STATES, December 8, 1790. The President of the United States having retired, and the two Houses being separated, Messrs. ELLSWORTH, KING, and IZARD, were appointed a committee to prepare and report the draft of an Address to the PRESIDENT, in answer to his Speech to both Houses. THURSDAY, December 9. To the President, and the Honorable the Congress of the United States of America. The memorial of the Representatives of the people of Kentucky, in Convention assembled, pursuant to an act of the Legislature of Virginia, passed the 18th December, 1789, entitled "An act concerning the erection of the District of Kentucky into an independent State," humbly showeth : That the inhabitants of this country are warmly devoted to the American Union, and as firmly attached to the present happy establishment of the Federal Government, as any of the citizens of the United States. That, migrating from hence, they have, with great hazard and difficulty, effected their present settlements. The hope of increasing numbers could alone have supported the early adventurers under those arduous exertions. They have the satisfaction to find that hope verified. At this day, the population and strength of this country render it fully able, in the opinion of your memorialists, to form and support an efficient domestic Government. The inconveniences resulting from its local situation, as a part of Virginia, at first but little felt, have for some time been objects of their most serious attention; which occasioned application to the Legislature of Virginia for redress. Here your memorialists would acknowledge, with peculiar pleasure, the benevolence of Virginia in permitting them to remove the evils arising from that source, by assuming upon themselves a state of independence. This they have thought expedient to do, on the terms and conditions stipulated in the above recited act; and fixed on the first day of June, 1792, as the period when the said independence shall commence. It now remains with the President and the Congress of the United States to sanction these proceedings, by an act of their honorable Legislature, prior to the first day of November, 1791, for the purpose of receiving into the Federal Union the people of Kentucky, by the name of the State of Kentucky. Should this determination of your memorialists meet the approbation of the General Government, they have to call a Convention, to form a Constitution, subsequent to the act of Congress, and prior to the day fixed for the independence of this country. When your memorialists reflect upon the present comprehensive system of Federal Government, and when they also recollect the determination of a former Congress on this subject, they are left without a doubt that the object of their wishes will be accomplished. And your memorialists, as in duty bound, shall for ever pray. GEORGE MUTER, President. Attest, THOMAS TODD, Clerk of the Con. [SENATE. A letter from Monsieur Beniere, President of the Commonalty of Paris, addressed to the PRESIDENT and members of Congress of the United States, with twenty-six copies of a Civic Eulogy on BENJAMIN FRANKLIN, pronounced the 21st day of July, 1790, in the name of the Commonalty of Paris, by Monsieur L'Abbé Fauchet, was delivered to the Senate, by Mr. Lear, Secretary to the President of the United States. Read, and Ordered, That the letter and copies of the Eulogy be sent to the House of Representatives. informed the Senate, that they have, on their A message from the House of Representatives part, appointed the Rev. Dr. BLAIR one of the Chaplains of the present Congress. Mr. ELLSWORTH, from the committee appointed to prepare and report the draft of an Address to the President of the United States, reported accordingly; and, the report being amended, was adopted, as followeth: To the President of the United States of America. We receive, sir, with particular satisfaction, the communications contained in your speech, which confirm to us the progressive state of the public credit, and afford, at the same time, a new proof of the solidity of the foundation on which it rests; and we cheerfully join in the acknowledgment which is due to the probity and patriotism of the mercantile and marine part of our fellow-citizens, whose enlightened attachment to the principles of good government is not less conspicuous in this than it has been in other important respects. În confidence that every constitutional preliminary has been observed, we assure you of our disposition to concur, in giving the requisite sanction to the admission of Kentucky as a distinct member of the Union; in doing which, we shall anticipate the happy effects to be expected from the sentiments of attachment towards the Union, and its present Government, which have been expressed by the patriotic inhabitants of that district. While we regret that the continuance and increase of the hostilities and depredations which have distressed our north-western frontiers, should have rendered offensive measures necessary, we feel an entire confidence in the sufficiency of the motives which have produced them, and in the wisdom of the dispositions which have been concerted, in pursuance of the powers vested in you; and, whatever may have been the event, we shall cheerfully concur in the provisions which the expedition, that has been undertaken, may require on the part of the Legislature, and in any other which the future peace and safety of our frontier settlements may call for. The critical posture of the European Powers will engage a due portion of our attention, and we shall be ready to adopt any measures which a prudent circumspection may suggest, for the preservation of the blessings of peace. The navigation and the fisheries of the United States are objects too interesting not to inspire a disposition to promote them, by all the means which shall appear to us consistent with their natural progress and permanent prosperity. MONDAY, January 17. [MARCH, 1791. JAMES GUNN, from Georgia, attended. FRIDAY, January 21. CHARLES CARROLL, from the State of Mary Impressed with the importance of a free intercourse with the Mediterranean, we shall not think any de- | land, attended. liberations misemployed which may conduce to the adoption of proper measures for removing the impediments that obstruct it. The improvement of the Judiciary system, and the other important objects to which you have pointed our attention, will not fail to engage the consideration they respectively merit. In the course of our deliberations upon every subject we shall rely upon that co-operation which an undiminished zeal, and incessant anxiety for the public welfare, on your part, so thoroughly ensure; and, as it is our anxious desire, so it shall be our constant ondeavor, to render the established Government more and more instrumental in promoting the good of our fellow-citizens, and more and more the object of their attachment and confidence. Ordered, That the Address to the President of the United States, in answer to his Speech, be presented by the Vice President, attended by the Senate, and that the committee which reported the Address wait on the President, and desire to be informed at what time and place he will receive the same. MONDAY, December 13. WILLIAM S. JOHNSON, from Connecticut, and PHILIP SCHUYLER, from New York, attended. Mr. ELLSWORTH, from the committee appointed on the 10th, to wait on the President of the United States, reported: That it would be agreeable to the President to receive the Address of the Senate, in answer to his Speech to both Houses of Congress, on Monday next, at 12 o'clock. Whereupon, The Senate waited upon the President of the United States at his own house, and the Vice President, in their name, communicated to him the Address agreed to on the 10th instant; to which the President of the United States was pleased to make the following reply: GENTLEMEN: These assurances of favorable attention to the subjects I have recommended, and of entire confidence in my views, make the impression on me which I ought to feel. I thank you for them both, and shall continue to rely much for the success of all our measures for the public good, on the aid they will receive from the wisdom and integrity of your councils. GEO. WASHINGTON. MONDAY, February 14. The Senate on Executive business. The fol lowing Message from the PRESIDENT OF THE UNITED STATES was under consideration: Gentlemen of the Senate: Conceiving that in the possible event of a refusal of justice on the part of Great Britain, we should stand less committed should it be made to a private rather than a public person, I employed Mr. Gouverneur Morris, who was on the spot, and without giving him any definite character, to enter informally into the conferences before mentioned. For your more particular information, I lay before you the instructions I gave him, and those parts of his comeither in conversation or by letter. These are two munications wherein the British ministers appear letters from the Duke of Leeds to Mr. Morris, and three letters of Mr. Morris, giving an account of two conferences with the Duke of Leeds, and one with him, and Mr. Pitt. The sum of these is, that they declare, without scruple, they do not mean to fulfil what remains of the Treaty of Peace to be fulfilled on their part, (by which we are to understand the delivery of the posts and payment for property carried off,) till performance on our part, and compensation where the delay has rendered the performance now impracticable; that on the subject of a treaty of commerce they avoided direct answers, so as to satisfy Mr. Morris they did not mean to enter into one unless it could be extended to a treaty of alliance offensive and defensive, or unless in the event of a rupture with Spain. As to the sending a Minister here, they made excuses at the first conference, seemed disposed to it in the second, and in the last express an intention of so doing. Their views being thus sufficiently ascertained, I have directed Mr. Morris to discontinue his communications with them. GEO. WASHINGTON. UNITED STATES, Feb. 14, 1791. Ordered, That this Message lie for consideration. THURSDAY EVENING, March 3. A message from the House of Representatives informed the Senate that they, having comThe Senate returned to the Senate Chamber.pleted the Legislative business before them, in WEDNESDAY, December 15. tend shortly to adjourn without day. Ordered, That the Secretary acquaint the House of Representatives that the Senate, hav JOSEPH STANTON, junior, from Rhode Island, ing completed the Legislative business before attended MONDAY, January 10. JOHN HENRY, from Maryland, attended. them, are about to adjourn; and having acquainted the VICE PRESIDENT that he had delivered the message, The Senate adjourned without day. MONDAY, December 6, 1790. On which day, being the day appointed by adjournment of the two Houses for the meeting of the present session, the following members appeared and took their seats, to wit: From New Hampshire-ABIEL FOSTER, NICHOLAS GILMAN, and SAMUEL LIVERMORE. From Massachusetts-FISHER AMES, BENJAMIN GOODHUE, and GEORGE THATCHER. From Connecticut-BENJAMIN HUNTINGTON, ROGER SHERMAN, and JONATHAN STURGES. From New York-EGBERT BENSON, WILLIAM FLOYD, JOHN LAWRENCE, and PETER SYLVESTER. From New Jersey-ELIAS BOUDINOT, LAMBERT CADWALADER, and JAMES SCHUREMAN. From Pennsylvania—GEORGE CLYMER, THO'S FITZSIMONS, FREDERICK AUGUSTUS MUHLENBERG, PETER MUHLENBERG, and HENRY WYNKOOP. From Maryland-JOSHUA SENEY. From Virginia-JOHN Brown, Samuel GrifFIN, and JAMES MADISON, Junior. From North Carolina- TIMOTHY BLOODWORTH and HUGH WILLIAMSON. From South Carolina-WILLIAM SMITH. From Georgia-ABRAHAM BALDWIN. Which not forming a quorum of the whole number, the House adjourned until to-morrow. TUESDAY, December 7. DANIEL HEISTER and THOMAS SCOTT, from Pennsylvania; RICHARD BLAND LEE, from Virginia; and DANIEL HUGER, from South Carolina, appeared and took their seats. WILLIAM B. GILES, from Virginia, returned in the place of Theodorick Bland, deceased, also appeared, produced his credentials, and took his seat. THURSDAY, December 9. JAMES JACKSON and GEORGE MATHEWS, from Georgia, appeared and took their seats. Address to the President. On motion, the House resolved itself into a Committee of the Whole on the Speech of the President of the United States, Mr. LIVERMORE in the chair. On motion of Mr. LAWRENCE, the committee agreed to a resolution, which the committee rose with as follows: and reported to the House, which was concurred Resolved, that it is the opinion of this committee, to the President of the United States, in answer to his that an Address ought to be presented by the House Speech to both Houses, with assurances that this House will, without delay, proceed to take into consideration the various and important matters recommended to their attention. And Messrs. MADISON, AMES, and TUCKER, were appointed to prepare the Address. FRIDAY, December 10. GEORGE PARTRIDGE, from Massachusetts; JONATHAN TRUMBULL and JEREMIAH WADSWORTH, from Connecticut; THOMAS SINNICKSON, from New Jersey; and WILLIAM SMITH, from Maryland, appeared and took their seats. SATURDAY, December 11. A translation of the Letter from the President · H. OF R.] Address to the President. [DECEMBER, 1790. of the Commonalty of Paris, addressed to the sity of the measures taken to chastise the banFederal Legislature, was read as follows: Mr. President-Gentlemen: ditti on the Ohio; but as a Representative from the State of Georgia, he should think himself inexcusable were he not to express his astonishment that no notice is taken in the President's speech of the treaty with the Creek Nation; a treaty which has spread alarm among the people of that State-a treaty by which more than The news has reached our ears- -FRANKLIN is no more!-FRANKLIN, the citizen of the world!-All nations are indebted to him for instruction in every branch of science. They are all bound to participate in the grief occasioned by this common loss. But the Assembly of the Representatives of the Com-three millions of acres of land, the property of monalty of our capital, thinking it their duty, in addition to the general mourning, to pay to his memory a further tribute of honor, have ordered, by a public decree, that the virtues and talents of this great philosopher should be perpetuated to distant ages, in a public and solemn Eulogy-the first of the kind ever bestowed by our nation on civic worth. By order of the Assembly I transmit it to your hands; and, with the most lively sensations of pleasure, embrace the opportunity of paying due homage to a body of men, who not only possess, but are justly entitled to enjoy the sweets of Liberty. May the approbation of your Assembly attend, as well the present itself, as the fraternal and respectful sentiments with which I am, Mr. President-Gentlemen, BENIERE, Doctor of the Sorbonne, Suppletory Member of the National Assembly, and President of the Commonalty of Paris. To the PRESIDENT and CONGRESS of the United States. The letter accompanied twenty-six copies of the Eulogium on Dr. FRANKLIN, delivered by the Abbé Fauchet, pursuant to a decree of that body. Mr. BOUDINOT proposed that thirteen copies of the Eulogium be returned to the President of the United States and the Senate; which was done. Mr. SMITH (of South Carolina) observed, that it would be proper to request the President of the United States to return an answer to the President of the Commonalty of Paris, or that a Joint Committee of the House and Senate should be appointed for the purpose. He was not tenacious of any particular mode, but supposed it highly proper that some notice should be taken of the polite attention shown the Government by the President of the Commonalty of Paris. The business was specially committed to the SPEAKER. Agreeably to the order of the day, the House resolved itself into a Committee of the Whole, to take into consideration the Address to the President of the United States, in answer to his Speech to both Houses, as reported yesterday. Mr. LIVERMORE in the chair. The Address was read by the clerk, and then discussed by the committee in paragraphs. On reading the clause respecting the Western expedition against the Indians, Mr. JACKSON rose and observed, that he was as fully impressed with the importance of an Indian war, and of extending the protection of Government to our defenceless frontiers, as any man whatever, and had no doubt of the neces the State of Georgia, guarantied to that State by the Constitution of the United States, are ceded away without any compensation. Mr. J. then adverted to several articles of the treaty, which he said controverted the plainest principles of the constitution, particularly those parts which secure to every citizen the rights of of the inhabitants of Georgia, with what it was property. He contrasted the present situation under the British Government, and said this treaty placed them in a less eligible situation in respect to the Indians. It had been said, exclaimed he, that there are secret articles in the treaty. Good God! at this early period are there to be secret articles existing between the United States and any other nation under heaven! Treaties by the constitution are to be considered the supreme law of the land; but will Congress permit the laws of the United States, like those of Caligula, to be placed where they cannot be read, and then punish the people for not obeying them? The people will never submit to be bound by secret articles. [Here the Chairman interrupted Mr. JACKSON, by inquiring whether his observations were intended as introductory to any motion on the paragraph just read.] Mr. J. replied, that it was his intention, at a future day, to introduce a motion, that the President be requested to lay before this House the treaty with the Creek Indians-not excepting the secret articles. He then expatiated on the sufferings of the people of Georgia, and asked, what must be their feelings when they reflect on the preparations made to chastise the Wabash banditti, while the exertions of Congress have not been called forth to their relief. The President sent three Commissioners to Georgia (not one of whom was a citizen of that State). They investigated the truth of her representations, and made a report favorable to her claims, that the lands in dispute were fairly purchased, and as fully obtained as the Confederation, or the nature of the case would admit; but what has been the result? The treaty, so far from recognizing the rights of Georgia, has sacrificed them-the report of the Commissioners does not appear to have been attended to. On the other hand, a savage of the Creeks has been invited and brought to the seat of Government, and there loaded with favors, and caressed in the most extraordinary manner. He said, he would not at present engross any more of the time of the House, only to give notice that, at a future opportunity, he should move that the President of the United States be requested to lay before the House for their consideration, the treaty with the Creek Indians not excepting the secret articles. The paragraph respecting encouraging our own navigation being read, [H. OF R. | generally; and enlarged on the injurious consequences which would result to the Southern States particularly by enhancing the duties on foreign bottoms. He said, that the tonnage was at present so high as to prevent foreigners from becoming our carriers; several instances of this had been mentioned to him from good authority; and while the American shipping was incommen to show that it was, the exclusion of foreign ships from our ports must be ruinous to South Carolina and Georgia; therefore, he hoped the amendment would take place. Mr. SMITH (of South Carolina) observed, that he did not rise to propose any alterations in the style of the Address; the language was such as might be expected from the acknowledged abil-petent to the object, and he called on gentleities of the gentleman who drafted it. The paragraph just read, he conceived, pledged the House to take measures in respect to our own navigation, which may, in the issue, prove injurious to the agricultural interests of the United Mr. SHERMAN said, that the words in the reStates. At this early period of the session, it port appeared to him less exceptionable than appeared extremely improper for the House to those in the proposed amendment, even on the commit itself, especially as few, if any of the principle supported by the gentleman in favor States, are fully represented on the floor. He of the amendment. In the report it was only was afraid that the mode of expression adopted said, we should consider what means, &c., but in the Address would conduce to the exclusion the amendment declared we should take effecof foreign bottoms altogether. If the opinion of tual measures. The words in the report only the committee should be adopted by the House, binding us to consider those in the amendhe conceived it would be anticipating a decisionment obliging us to act. He thought the answer to the precluding future discussions of the sub- should be general, and was therefore against ject. He foresaw that this paragraph would be the amendment. called up at some future period, and brought as an argument against any different propositions that might be offered-and thus the question be determined without any debate. He thought the Address went into too minute a consideration of the several parts of the Speech, and could have wished that more general terms had been used. As a substitute for the paragraph under consideration, he moved the following amend-| ment in substance: "We shall consider with attention the best means of guarding against the embarrassments you mention, and will take such measures as may remove every obstruction to the prosperity of the commerce and agriculture of the United States." Mr. WILLIAMSON observed, that he saw no material difference between the paragraph in the report and the amendment proposed. The mode of expression adopted by the committee is in so general terms, that he hoped it would have met the full approbation of every member of the committee. The President proposes that the commerce of the United States should be relieved from all injurious restrictions; nothing can be more just and reasonable: and this is perfectly compatible with supporting the agricultural interests of the country; the promotion of the former involves that of the latter. He touched on the impositions of Great Britain on our commerce, and observed, that reason and justice point out the propriety of seeking redress. He, however, saw no opposition in the two propositions; but as the obvious design in bringing forward the substitute is to preclude such an inquiry as the exigency of the case seems to require, he hoped it would not be adopted. Mr. JACKSON observed that he had seconded the motion of the gentleman from South Carolina, because he thought there was an obvious difference in the two modes of expression. He then entered into a discussion of the subject VOL. I.-17 | Mr. SMITH (of South Carolina) observed, that the member last up had confined his observation to the first words in the paragraph objected to. If he will take the trouble of reading a little further, he will see, that as the report stands, we give it as our opinion, that foreign bottoms ought to be excluded, which would be severely felt by the States of South Carolina and Georgia. We cannot wholly depend upon our own vessels for the exportation of our produce; they are not sufficiently numerous, nor will they be for many years; therefore, let us not at this time, in a hasty manner, declare, that all articles exported shall be carried in our own bottoms. To settle this important question, Mr. S. thought that some time should be given to reflect, and a day fixed for discussion; in the mean time, he thought it improper at this stage of the session, that the opinion of the House should be given. Mr. WILLIAMSON remarked, that the report did not say that we should have no dependence on foreign bottoms; but that we should not depend altogether upon them for the exportation of our produce. He had no idea of excluding foreign bottoms. He was for making provision in case that resource should fail. Mr. JACKSON.-To show the importance of foreign shipping to the Southern States, and the inadequacy of our own to transport their produce, notwithstanding the low duty on American shipping, Mr. J. read a statement of the tonnage duties paid by each, in the State of Georgia, for the same period; the foreign tonnage amounted to eight thousand two hundred and twenty-seven dollars, the American to six hundred and twenty-nine dollars only. being the fact, he inquired, what could be done with the Southern produce, in case of the exclusion of foreign bottoms? It must rot in the planter's hands. With respect to the amend This |