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happen. He said that no Christian nation had a right to ask better terms than this amendment offered to the savages. Stay upon your own side of the line and you are safe, but, if you cross over to us, we shall cross over in pursuit of you. This was fair play. If the resolution passed without the amendment, Mr. S. said that the Indians would immediately encamp close on their side of the line, and lie in watch there for whole months together, till they found a safe opportunity of crossing.

Mr. MURRAY said, he would make a remark or two on the criticism of the gentleman from Georgia, who had felt affected by an expression of his a few days since, when he called some of the people of the frontier "semisavages." He did so, and he felt the expression not inapplicable. He confined the import of this expression exclusively to those upon the frontier who lead an unstationary life-who press forward into the deeper wilderness, by the new waves of advancing population, and live the life of savages without their virtues. He begged leave to call the gentleman's attention to a declaration of his own, last session, to justify this expression, which he used more to designate a peculiar than a general character of the people in the region to which he applied it. The gentleman said, he did not value the lives of one hundred Indians as much as the life of one white man, or words to that extent. [This was in a debate just before the close of the last session. The words of Mr. CARNES were, "I would not give the life of one white man for that of fifty Indians."] Mr. MURRAY said, he had two points always in his view when the frontier was a subject in that House-protection to the frontier against the hostility of the Indians, and restraint upon the whites to prevent the occasions of war against the savages. He had given every testimony to the first by supporting every measure for their defence; that he represented a district perfectly beyond the danger of the Indians, was proof that he was actuated in his votes for appropriation and force by no other motive than that which belonged to every man there who supported the great principle of Government, that the whole must protect the parts. He wished to see such a system established, combining these two points, as would give complete protection against the Indians, and yet restrain the whites from violating peace. He wished to see the day when the arms of the Government might, without a crime, strike a whole tribe, if that tribe or its members waged war on the frontiers. But, to do this, it was necessary to place our relative situation so as that justice might be secured. He wished to adopt a regulation like the present, to prevent our fellow-citizens from the gratification of private revenge, the source from whence so much blood is shed. In order to justify exemplary punishment on Indian tribes, you must first be in a situation to restrain the whites from doing injustice to them. You must do what all nations have done, when,

[FEBRUARY, 1795.

from the general or local state of civilization, private war disturbs public tranquillity-you must restrain the right of private war, by placing the power of vengeance out of the reach of individuals, and in the hands of Government. Nor did this idea go at all to restrain that inalienable right of resistance against imminent danger, which was sanctioned by the law of nature. The picture drawn by the gentleman from Pennsylvania, (Mr. ScorT,) with his accustomed ability and force, was certainly an interesting one-were an encampment of Indians to be heard in the woods near a settlement, after any evidence of hostility, he did not doubt but the neighbors would be perfectly jus tifiable in changing the scene of blood from the cottage to the camp-if the amendment which actually arms all the passions of revenge with the rights of law, be rejected, you will attain one of the great objects of frontier policy—the ability to restrain the right of private war, from which public war arises as a consequence. The Government will, when this ability to restrain is complete, become responsible for the protection of the whites against the savages. Until that is accomplished, he did not believe Government could, either in justice or policy, expend treasure or use force, when uncertain of the justice of the cause. He therefore hoped that the amendment would be rejected.

Mr. FINDLAY was for the amendment, and mentioned several examples to prove the cruelty and perfidy of the Indians.

The amendment itself was in these words: "Unless it shall be in immediate pursuit of the Indians who have recently committed hostilities."

Mr. MADISON did not think the question explicit; he therefore proposed another, which was to prevent the pursuers from coming within a certain number of miles of an Indian town. He was extremely doubtful whether his amendment or any other would effectually answer the end proposed. He was convinced that no law of any kind would be able to hinder people from crossing the line in pursuit of Indians, who might have carried off their families.

Mr. HARPER said, that however little time the House had to spare, and however long the discussion might have been, he could not help trespassing on their patience for a short time to deliver his sentiments, as he thought himself tolerably acquainted with the subject. He expressly denied that the Indians ever committed any murder without previous provocation. The process is shortly this: An Indian crosses the line and steals a horse. And as long as Indians exist they will always steal horses. The man to whom the horse belonged collects as many of his neighbors as he thinks sufficient, pursues the Indian, and, not contented with recovering his horse, he kills the thief. The Indians, who have no such sacred ideas of property, immediately come over the line, and in revenge murder a number of innocent people. Indian murders are not unprovoked. They are not of that stamp. Mr. H. considered the amendment

MARCH, 1795.]

Adjournment.

[H. OF R.

of Mr. VENABLE as a source of endless confu- | Holten, John Hunter, Aaron Kitchell, John Wilkes sion. Any man, if it passed, might cross the Kittera, Amasa Learned, James Madison, Francis Indian line as often as he thought proper, and Malbone, William Vans Murray, Nathaniel Niles, say that he was in pursuit of Indians with pris- Andrew Pickens, Theodore Sedgwick, John S. Sheroners. I undertake, (said he,) if you will give burne, Jeremiah Smith, Israel Smith, Wm. Smith, me a hundred dollars, to go to the frontier and Zephaniah Swift, George Thatcher, Uriah Tracy, get a witness who will come into a Court of Jonathan Trumbull, John E. Van Allen, Peter Van Justice and swear that on such a day ten Indians John Watts, Benjamin Williams, and Paine Wingate. Gaasbeck, Peleg Wadsworth, Jeremiah Wadsworth, came over the line in arms. Mr. H. said he was personally acquainted with the frontiers. He had a high respect for the inhabitants, there were many very worthy people among them; but likewise many others of a very different kind. This amendment will set open a door to all sorts of fraud and mischief. Mr. H. honored the sentiments of patriotism that gave rise to it, but he could not possibly agree to the propriety

of its insertion.

Mr. GILES, who had been in the House during the whole debate, had gone out just before the question was put, and returning immediately after the names had been called, asked leave to vote. The rule of the House was read by the SPEAKER, which is that no member shall vote who was not present at putting of the question. Mr. G., on this account, was not allowed a vote.

lowing words:

"Unless it shall be in continuation of a pursuit to a distance not exceeding miles beyond the line of the particular Indians who shall have recently committed murder, or may be carrying off captives or plunder."

Mr. CARNES then moved to amend the said Mr. WHITE, the member from the South-west-resolution by adding to the end thereof the folern Territory, said, that he had to complain of the slaughter of near four hundred citizens under the auspices of your Government. He felt himself much affected, and as to the doctrine of Indian killing, only in retaliation, he denied it altogether. The love of blood was hereditary in them. When the gentleman says that with a hundred dollars in his pocket, he can find The said resolution, as amended, was then ten men on the frontiers-[Mr. HARPER explain-again read, and agreed to by the House, as foled, that he only said he could find a witness.] lows:

It was resolved in the affirmative.

dol

Well, (said Mr. W.) if the gentleman did not Resolved, That all persons who, unauthorized mean a reflection on the frontiers, he meant by law, and with hostile intent, may be found nothing at all. I know not how well the gen- in arms on any lands allotted or secured to the tleman may be practised in the arts of suborn-Indians by treaties between the United States ation, but I myself know of no such man. and any Indian tribes, shall, on conviction [Mr. HARPER.-I expected the gentleman would thereof, forfeit a sum not exceeding confine himself to a decent answer.] Mr. W. lars, and be imprisoned not exceeding · proceeded to observe that no man acquainted months, unless it shall be in continuation of a with the frontiers would have made any such pursuit to a distance not exceeding assertion as the gentleman had done. He was beyond the line of the particular Indians who likewise extremely surprised at the gentleman shall have recently committed murder, or may from Maryland, for having persisted in affirming be carrying off captives or plunder. that many of the frontier people were semisavages.

The yeas and nays were now taken on the amendment, which was lost by a majority of 7 -yeas 39, nays 46, as follows:

miles

The second resolution being again read, and amended, was, on the question put thereupon, agreed to by the House, as follows:

Resolved, That it shall be lawful for the military force of the United States to apprehend YEAS.-James Armstrong, Theodorus Bailey, Abra- every person or persons found in arms as aforeham Baldwin, Thomas Blount, Thomas P. Carnes, said, and him or them to convey to the civil Gabriel Christie, Thomas Claiborne, William J. Daw-authority of the United States, within some one son, George Dent, Samuel Dexter, Gabriel Duvall, Benjamin Edwards, William Findlay, Christopher Greenup, William B. Grove, George Hancock, Carter B. Harrison, John Heath, William Irvine, Matthew Locke, William Lyman, Nathaniel Macon, Joseph McDowell, Alexander Mebane, William Montgomery, Andrew Moore, Peter Muhlenberg, Joseph Neville, Anthony New, Alexander D. Orr, John Page, Thomas Scott, John Smilie, Thomas Sprigg. Thos. Tredwell, Philip Van Cortlandt, Abraham Venable, Francis Walker, Richard Winn, and Joseph Winston.

NAYS.-Fisher Ames, John Beatty, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Lambert Cadwalader, David Cobb, Peleg Coffin, Joshua Coit, Henry Dearborn, Thomas Fitzsimons, Dwight Foster, Ezekiel Gilbert, Nicholas Gilman, Henry Glenn, Benjamin Goodhue, James Gordon, Robert Goodloe

of the States, who shall, by such authority, be
secured to be tried in manner and form as is
provided in and by the act entitled, "An act to
regulate trade and intercourse with the Indian
tribes: " Provided, that no person shall be con-
fined after his arrest, and before his removal,
more than
days.

Ordered, That a bill or bills be brought in pursuant to the said resolutions, and that Mr. SEDGWICK, Mr. MADISON, and Mr. HILLHOUSE, do prepare, and bring in the same.

TUESDAY, March 3.
Adjournment.

Ordered, That a message be sent to the Senate

Harper, James Hillhouse, William Hindman, Samuel to inform them that this House, having com

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pleted the business before them, are now about to adjourn without day; and that the Clerk of this House do go with the said message.

A message from the Senate informed the House that the Senate have appointed a committee, on their part, jointly, with such committee as may be appointed on the part of this House, to wait on the PRESIDENT OF THE UNITED STATES, and inform him that Congress is ready to adjourn without day, unless he may have any further communications to make to them.

The House proceeded to consider the said message: Whereupon,

Resolved, That this House doth agree to the resolution of the Senate for the appointment of a joint_committee of the two Houses, to wait on the PRESIDENT OF THE UNITED STATES, and inform him of the intended recess of Congress; and that Mr. BOUDINOT, Mr. SEDGWICK, and Mr. TRUMBULL, be of the committee appointed on the part of this House.

On a motion made and seconded,

"That the thanks of this House be presented to Frederick Augustus Muhlenberg, in testimony of their approbation of his conduct in discharging the arduous and important duties assigned him while in the chair:

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[MARCH, 1795.

It was resolved unanimously: Whereupon, Mr. SPEAKER made his acknowledgments to the House in manner following:

this distinguished mark of your approbation of my "GENTLEMEN: I feel myself highly honored by conduct in the station you were pleased to assign unto me; and although I am conscious that my feeble efforts do not merit so precious a reward, yet permit me to assure you that it has made a lasting impression on my mind, and I shall ever esteem it with the most unfeigned satisfaction.

"Gentlemen, I sincerely thank you; may every happiness attend you; may you long continue to enjoy the confidence of your fellow-citizens; and may you meet with their just applause of having deserved well of your country."

Mr. BOUDINOT, from the joint committee appointed to wait on the PRESIDENT OF THE UNITED STATES and inform him of the intended recess of Congress, reported that the committee had performed that service, and that the PRESIDENT signified to them that he had no further communication to make during the present session: Whereupon, Mr. SPEAKER adjourned the House sine die.

DECEMBER, 1795.]

Proceedings.

[SENATE.

FOURTH CONGRESS.-FIRST SESSION.

HELD IN THE CITY OF PHILADELPHIA, DECEMBER 7, 1795.

SENATORS.

LIST OF MEMBERS.

New Hampshire.-John Langdon, S. Livermore.
Vermont.-Elijah Paine, Moses Robinson.
Massachusetts.-George Cabot, Caleb Strong.
Rhode Island.-William Bradford, Theodore Foster.
Connecticut.-Oliver Ellsworth, Jonathan Trumbull.
New York.-Aaron Burr, Rufus King.

New Jersey.-F. Frelinghuysen, John Rutherford.
Pennsylvania.-William Bingham, James Ross.
Delaware.-Henry Latimer, John Vining.
Maryland.-John Henry, Richard Potts.
Virginia.-Stevens T. Mason, Henry Tazewell.
North Carolina.-Timothy Bloodworth, Alexander Mar-
tin.

South Carolina.-Pierce Butler, Jacob Read.
Georgia.-James Gunn, George Walton.
Kentucky.-John Brown, Humphrey Marshall.

REPRESENTATIVES.

James Hillhouse, Nathaniel Smith, Zephaniah Swift, Uriah
Tracy.

New York.-Theodorus Bailey, William Cooper, Ezekiel
Gilbert, Henry Glenn, John Hathorn, J. N. Havens, E.
Livingston, John E. Van Allen, Philip Van Cortlandt, John
Williams.

New Jersey-Jonathan Dayton, Thomas Henderson, Aaron Kitchell, Isaac Smith, Mark Thompson.

Pennsylvania.-David Bard, George Ege, William Findlay, Albert Gallatin, Andrew Gregg, Thomas Hartley, Daniel Heister, John W. Kittera, Samuel Maclay, Frederick A. Muhlenberg, John Richards, Samuel Sitgreaves, John Swanwick, Richard Thomas.

Delaware.-John Paton.

Maryland.-Gabriel Christie, Jeremiah Crabb, George Dent, Gabriel Duvall, William Hindman, Samuel Smith, Thomas Sprigg, William Vans Murray.

Virginia.-Richard Brent, Samuel J. Cabell, Thomas Claiborne, John Clopton, Isaac Coles, William B. Giles, George Hancock, Carter B. Harrison, John Heath, John George Jackson, Andrew Moore, Anthony New, John Nicholas, John Page, Josiah Parker, Francis Preston, Ro

New Hampshire.-Abiel Foster, Nicholas Gilman, J. S. bert Rutherford, A. B. Venable.
Sherburne, Jeremiah Smith, Paine Wingate.

Vermont.-Daniel Buck, Israel Smith.
Massachusetts.-Fisher Ames, Theop. Bradbury, Henry
Dearborn, Dwight Foster, Nathaniel Freeman, Benjamin
Goodhue, George Leonard, Samuel Lyman, William Lyman,
John Read, T. Sedgwick, George Thatcher, Joseph B. Var-
num, P. Wadsworth.

Rhode Island.-Benjamin Bourne, Francis Malbone.
Connecticut.-Joshua Coit, C. Goodrich, Roger Griswold,

North Carolina.-Thomas Blount, Nathan Bryan, Demp-
sey Burges, Jesse Franklin, James Gillespie, William B.
Grove, James Holland, Matthew Locke, Nathaniel Macon,
Absalom Tatom.

South Carolina.-Lemuel Benton, Samuel Earle, Wade
Hampton, R. G. Harper, William Smith, Richard Winn.
Georgia.-A. Baldwin, John Milledge.
Tennessee.-Andrew Jackson.
Kentucky.-Christopher Greenup.

PROCEEDINGS IN THE SENATE.

MONDAY, December 7, 1795.

The following Senators appeared, and took their seats:

JOHN LANGDON and SAMUEL LIVERMORE, from New Hampshire.

CALEB STRONG and GEORGE CABOT, from Massachusetts.

THEODORE FOSTER, from Rhode Island. OLIVER ELLSWORTH and JONATHAN TRUMBULL, from Connecticut.

MOSES ROBINSON, from Vermont.
RUFUS KING, from New York.

JAMES ROSS and WILLIAM BINGHAM, from
Pennsylvania.

HENRY LATIMER, from Delaware.

HENRY TAZEWELL and STEVENS T. MASON, from Virginia.

ALEXANDER MARTIN and TIMOTHY BLOODWORTH, from North Carolina.

PIERCE BUTLER and JACOB READ, from South Carolina.

SENATE.]

President's Speech.

[DECEMBER, 1795.

The VICE PRESIDENT being absent, the Senate | when, more than at the present, the situation of our proceeded to the election of a PRESIDENT pro public affairs has afforded just cause for mutual tempore, as the constitution provides, and HEN- congratulation, and for inviting you to join with BY TAZEWELL was duly elected. me in profound gratitude to the Author of all good for the numerous and extraordinary blessings we enjoy.

Ordered, That the Secretary wait on the PRESIDENT OF THE UNITED STATES, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the VICE PRESIDENT, they have elected HENRY TAZEWELL President pro tempore.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business; and that, in the absence of the VICE PRESIDENT, they have elected HENRY TAZEWELL President pro tempore.

Ordered, That Messrs. READ and CABOT 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.

tressing war in which we have been engaged with The termination of the long, expensive, and discertain Indians north-west of the Ohio, is placed in the option of the United States, by a treaty which the commander of our army has concluded, provisionally, with the hostile tribes in that region.

In the adjustment of the terms, the satisfaction of the Indians was deemed an object worthy no less of the policy than of the liberality of the United States, as the necessary basis of durable tranquillity. The object, it is believed, has been fully attained. The articles agreed upon will immediately be laid before the Senate, for their consideration.

While many

Contemplating the internal situation, as well as the external relations, of the United States, we discover equal cause for contentment and satisfaction. American dependencies, have been involved in a conof the nations of Europe, with their test unusually bloody, exhausting, and calamitous; in which the evils of foreign war have been aggravated by domestic convulsions and insurrection; in which many of the arts most useful to society have been exposed to discouragement and decay; in which scarcity of subsistence has embittered other sufferings; while even the anticipations of a return of the blessings of peace and repose are alloyed by the sense of heavy and accumulating burdens which press upon all the departments of industry, and threaten to clog the future springs of Government; our favored coun

A message from the House of Representatives informed the Senate that a quorum of the House is assembled; that they have elected JONATHAN DAYTON their Speaker; and that they have concurred in the appointment of a joint committee to wait on the PRESIDENT OF THE UNITED STATES, and acquaint him that the two Houses of Congress are assembled, and are ready to receive any communications that he may be pleas-try, happy in a striking contrast, has enjoyed general ed to lay before them.

Mr. READ, from the joint committee appointed for that purpose, reported that they had waited on the PRESIDENT OF THE UNITED STATES, and had notified him that a quorum of the two Houses of Congress were assembled; and the PRESIDENT OF THE UNITED STATES acquainted the committee that he would meet the two Houses in the Representatives' Chamber at 12 o'clock to-morrow.

TUESDAY, December 8.

HUMPHREY MARSHALL, from the State of Kentucky, attended.

A message from the House of Representatives informed the Senate that the House are now ready to meet the Senate in the Chamber of that House, to receive such communications as the PRESIDENT OF THE UNITED STATES shall be pleased to make to them.

Whereupon, the Senate repaired to the Chamber of the House of Representatives for the purpose above expressed.

The Senate then returned to their own Chamber, and a copy of the Speech of the PRESIDENT OF THE UNITED STATES to both Houses of Congress was read, as follows:

Fellow-Citizens of the Senate, and

of the House of Representatives: I trust I do not deceive myself, while I indulge the persuasion that I have never met you at any period,

tranquillity-a tranquillity the more satisfactory, beful to ourselves, we have violated no obligation to cause maintained at the expense of no duty. Faithothers. Our agriculture, commerce, and manufactures, prosper beyond former example; the molestations of our trade (to prevent a continuance of which, however, very pointed remonstrances have been made) being overbalanced by the aggregate benefits which it derives from a neutral position. Our popalation advances with a celerity which, exceeding the most sanguine calculations, proportionally augments our strength and resources, and guarantees our future security. Every part of the Union displays indications of rapid and various improvement; and with burdens so light as scarcely to be perceived; with resources fully adequate to our present exigencies; with Governments founded on the genuine principles of rational liberty; and with mild and wholesome lawsis it too much to say, that our country exhibits a spectacle of national happiness never surpassed, if ever before equalled?

Gentlemen:

Among the objects which will claim your attention in the course of the session, a review of our Military Establishment is not the least important. It is called for by the events which have changed, and may be expected still further to change, the relative situation of our frontiers. In this review, you will doubtless allow due weight to the considerations that the questions between us and certain foreign powers are not yet finally adjusted; that the war in Europe is not yet terminated; and that our Western posts, when recovered, will demand provision for garrisoning and securing them. A statement of our present military

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