5th. The Domestic Loans for cash contracted since the commencement of the present Government, stating the respective times when borrowed, and when becoming due, together with the rate of interest. 6th. All other kinds of Domestic Debts not specially included under the five preceding heads, for the payment of which no appropriations have been made. [JANUARY, 1794. Ordered, That the further consideration of the report be postponed until to-morrow. A motion was made, that the following amendment be recommended to the Legislatures of the respective States as part of the Constitution of the United States, two-thirds of both Houses agreeing thereto : Second. A statement of the Domestic Debt redeemed since the commencement of the present Government to "The powers of the Government of the United States the first day of January, 1794, distinguishing the differ-shall not extend to curtail or abridge the limits of the ent species of Debt, and specifying the mode of redemption, and, when redeemed for money, the amount of moneys expended in purchasing the same. Third. A general statement of the Foreign Debt of the United States, as due on the first day of January, 1794, stating separately the French Debt, the other Debts contracted before the commencement of the present Government, and the Loans contracted since that time; and specifying, in each Debt or Loan, the original amount, the time from which the interest commenced, the payments already made, with the dates of the same, and the places where paid, the amount yet due, and the respective times when the same shall be come due. Fourth. A specific account of the application of the moneys obtained upon Foreign Loans contracted since the commencement of the present Government, to the first day of January, 1794, stating the amount of the moneys drawn over to America, and of those applied in Europe, together with the dates of such applications or drafts. United States, as defined in the Treaty of Peace bethe third day of September, 1783, nor shall the Statetween Great Britain and the said States, dated at Paris, rights of pre-emption to Indian hunting grounds, within the respective limits, after a fair treaty and sale, be questioned." Ordered, That this motion lie on the table. FRIDAY, January 10. The Senate resumed the consideration of the report of the committee on the petition of Conrad Laub and others, respecting the appointment of ALBERT GALLATIN a Senator of the United States; which report is as follows: The committee, to whom was referred the petition of Conrad Laub and others, stating that ALBERT GALLATIN, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States, as is required by the Constitution, report: "That the committee have conferred with Mr. Mi Fifth. A summary statement of the actual receipts and expenditures, from the commencement of the pre-chael Schmyser, agent for the petitioners, and with Mr. sent Government to the last day of December, 1790, in- GALLATIN; that Mr. Schmyser has declared that the cluding all moneys received on account of the United States, such parts of the Foreign Loans as have not petitioners are ready to adduce proofs in support of the been drawn over to America only excepted; distin-petition at such time as the Senate may think proper to guishing the moneys received under each branch of the revenue, and the moneys expended under each appropriation, and stating the balances of each branch of the revenue remaining unexpended on the 31st day of December, 1790; specifying, separately, such balances as were on that day in the Treasury, and such as were uncollected, or in hands of any banks, officers, or other persons. appoint; that Mr. GALLATIN states no objection to the trial's commencing at an early day. The committee therefore recommend that the Senate agree to the following resolution: "Resolved, That be assigned for hearing the petition of Conrad Laub and others, respecting Mr. GALLATIN's right to a seat in the Senate, and that Messrs. GALLATIN and Schmyser be furnished with a copy of this resolution." On motion, it was agreed to postpone the report of the committee, and to take into consideration the following resolution: Sixth. Similar and separate statements for the years 1791, 1792, and 1793, respectively, specifying separately in each statement under each branch of the revenue, the moneys received on account of the revenue of that year, and those received on account of the revenue of each preceding year; and stating, so far as the same is now practicable, the amount of all moneys, bonds, or securities, on hand on the first day of January, 1794, with the times of payment of such bonds or securities. Ordered, That this motion lie for consideration. A message from the House of Representatives informed the Senate, that the House of Repre- On which a motion was made and seconded to sentatives have passed the bill sent from the Se-postpone this motion and to take up the following: nate for concurrence, entitled "An act making an alteration in the Flag of the United States." "Resolved, That a Committee of Elections, to consist of seven, be appointed to report rules for receiving petitions and conducting inquiries relative to the qualifications of a Senator; and that the petition of Conrad Laub and others be referred to the same committee, to state the facts, and that they be authorized to send for persons and papers." "That be a committee to ascertain and state to the Senate the facts relative to the time when ALBERT GALLATIN became a citizen of the United States, and that the said committee have power to send for persons and papers." Whereupon, a motion was made and seconded to postpone the preceding, and to take into consideration the following motion: "Resolved, That a Committee of Elections be appointed, and that the petition of Conrad Laub and JANUARY, 1794.] Proceedings. [SENATE. others be referred to it, to report their opinion on the rately, the quantities and the prime cost and dumerits of the said petition." And, after debate, the Senate adjourned. MONDAY, January 13. The Senate resumed the consideration of the petition of Conrad Laub and others, respecting the appointment of Mr. GALLATIN to be a Senator of the United States. On motion, tied values of each kind, and the several countries from which the same have respectively been imported. Statements of the tonnage of foreign vessels, entered into the several States, from the 1st day of July, 1791, to the 30th day of June, 1792, and from the 1st day of July, 1792, to the 30th day of June, 1793; specifying, for each period separately, the several countries to which the said vessels respectively belong. Ordered, That a Committee of Elections, to Statements of the tonnage of the United States' consist of seven, be appointed, and that the peti-vessels, entered into the several States, from the tion of Conrad Laub and others be referred, with- 1st day of July, 1791, to the 30th day of June, out prejudice as to any questions which may, 1792, and from the 1st day of July, 1792, to the upon the hearing, be raised by the sitting member, 30th day of June, 1793; distinguishing, for each as to the sufficiency of the parties and the matter period separately, those employed in fisheries, in charged in the petition, to the same committee, to the coasting and in the foreign trade, and specifystate the facts, and that they be authorized to sending the several countries from which the said vesfor persons and papers; also, that Messrs. BRADLEY, sels employed in the foreign trade came. ELLSWORTH, MITCHELL, RUTHERFORD, BROWN, LIVERMORE, and TAYLOR, be this committee. Agreeably to the order of the day, the Senate took into consideration the subject of amendments to the Constitution of the United States; and it was agreed to consider at this time the following motion: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by threefourths of the said Legislatures, shall be valid as part of the said Constitution, to wit: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." And, after debate, the further consideration thereof was postponed until to-morrow. Ordered, That the further consideration of the motions of the 24th of December last, and the 9th of January instant, on the subject of amendments to the Constitution of the United States, be postponed until to-morrow, and that the several motions on this subject be printed for the use of the Senate. The Senate resumed the consideration of the motion made the third instant, respecting certain statements from the Secretary of the Treasury; and, having agreed to sundry amendments thereon, it was adopted, as follows: Ordered, That the Secretary of the Treasury lay before the Senate a statement of the goods, wares, and merchandise. exported from the several States from the first day of July, 1792, to the 30th day of June, 1793; specifying the quantities and value of each kind, and the several countries to which the same have respectively been exported. Statements of the goods, wares, and merchandise, imported into the several States, from the 1st day of July, 1791, to the 30th day of June, 1792, and from the 1st day of July, 1792, to the 30th day of June, 1793; specifying. for each period sepa TUESDAY, January 14. Agreeably to the order of the day, the Senate took into consideration the motion made yesterday for an amendment to the Constitution of the United States, respecting the Judicial power thereof. On motion by Mr. GALLATIN, that the motion be amended to read as follows: "The Judicial power of the United States, except in cases arising under treaties made under the authority of the United States, shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State." It passed in the negative. On motion, that the motion be amended to read as follows: "The Judicial power of the United States extends to all cases in law and equity in which one of the United States is a party; but no suit shall be prosecuted against one of the United States by citizens of another State, or by citizens or subjects of a foreign State, where the cause of action shall have arisen before the ratification of this amendment." It passed in the negative. And, on the question to agree to the resolution, as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by threefourths of the said Legislatures, shall be valid as part of the said Constitution, to wit; "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State:" It passed in the affirmative-yeas 23, nays 2, as follows: YEAS.-Messrs. Bradford, Bradley, Brown, Burr, Butler, Cabot, Edwards, Ellsworth, Foster, Frelinghuy SENATE.] Proceedings. sen, Hawkins, Jackson, Izard, King, Langdon, Livermore, Martin, Mitchell, Monroe, Robinson, Strong, Taylor, and Vining. NAYS.-Messrs. Gallatin and Rutherfurd. Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution. The Senate proceeded to the consideration of the following motion, viz: [JANUARY, 1794. On motion to amend the amendment, so that it be read as follows: "Nor shall any person holding any office in the Bank of the United States be a member of either House whilst he holds such office; but no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied:" It passed in the affirmative-yeas 13, nays 12, as follows: YEAS. Messrs. Bradley, Brown, Burr, Butler, Ed "That the Constitution be amended by adding, at the end of the 9th section of the 1st article, the follow-wards, Gallatin, Hawkins, Jackson, Izard, Martin, Moning clause: "Nor shall any person, holding any office or stock in any institution in the nature of a Bank, for issuing or discounting bills or notes payable to bearer or order, under the authority of the United States, be a member of either House whilst he holds such office or stock; but no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied." And, after debate, the further consideration of this motion was postponed until to-morrow. WEDNESDAY, January 15. roe, Robinson, and Taylor. NAYS. Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, King, Langdon, Livermore, Mitchell, Morris, Strong, and Vining. On motion it was agreed to expunge the following clause of the motion last adopted: "But no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied:" and, On the question to agree to the motion, amended as follows: "Nor shall any person holding any office in the Bank of the United States be a member of either House, whilst The following Message was received from the he holds such office :" of the House of Representatives: It passed in the negative, yeas 12, nays 13-as follows: YEAS.-Messrs. Bradley, Brown, Burr, Butler, Edwards, Gallatin, Hawkins, Jackson, Martin, Monroe, Robinson, and Taylor. NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, I lay before you, as being connected with the correspondence already in your possession, between the Secretary of State and the Minister Plenipotentiary of the French Republic, the copy of a Letter from that Min-Frelinghuysen, Izard, King, Langdon, Livermore, ister of the 25th of December, 1793, and a copy of the Mitchell, Morris, Strong, and Vining. proceedings of the Legislature of the State of South Carolina. G. WASHINGTON. UNITED STATES, January 15, 1794. The Message and papers therein referred to were read, and ordered to lie for consideration. The Senate resumed the consideration of the motion made yesterday for an amendment to the Constitution of the United States, inhibiting the holders of any office or stock in the Bank of the United States from a seat in either House of Congress. On motion to amend the motion, to be read as follows: "Nor shall any person holding any office in any institution in the nature of a Bank, under the authority of the United States, be a member of either House whilst he holds such office; but no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied." And, after debate, the further consideration thereof was postponed until to-morrow. On motion it was agreed that the further consideration of amendments to the Constitution of the United States be postponed. The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and of the House of Representatives: I transmit, for your information, certain intelligence lately received from Europe, as it relates to the subject of my past communications. G. WASHINGTON. UNITED STATES, January 16, 1794. The Message and papers referred to were read, and ordered to lie for consideration. Ordered, That the Secretary of the Department of State be requested to lay before the Senate a translation of the Act of Navigation passed by the National Convention of France, communicated this day in the original. Agreeably to notice given, Mr. BUTLER obtained leave to bring in a bill to amend the act, entitled An act to incorporate the subscribers to the Bank of the United States;" which was read the first time. On motion that this bill have a second reading, in the words following, to wit: Whereas it is inexpedient that the Government of the United States should continue to hold any stock in the Bank of the United States, or have any political connexion with the said Bank, or any other connexion with it, otherwise than in common with other banks within the United States: 1st. Be it therefore enacted by the Senate and House of Representatives in Congress assembled, and by the authority of the same, That the 11th and 16th articles of the 7th section, and the 9th section, of the act, entitled "An act to incorporate the subscribers to the Bank of the United States,” be, and the same are hereby, repealed. 2d. Be it further enacted, That the President of the United States be, and he is hereby, authorized to dispose of, by sale, in such manner as he shall deem most conducive to the public interest, and as soon as may be after the passing of this act, all the interest or stock which the public were possessed of, or entitled to, in the said Bank, by virtue of their subscription to the same, in conformity to the 11th section of said act, the proceeds of which sales shall be disposed of as hereafter directed. And whereas it is desirable that the Debt due by the United States to the said Bank, by virtue of the subscription aforesaid, should be discharged at as early a period as may be, as well that the parties interested in the institution may become possessed of the funds, by which it is designed to be constituted, as the public completely exonerated from all claims or demands on that account. 3d. Be it further enacted, That the President of the United States be, and he is hereby, authorized to cause to be adjusted, if practicable, with the Directors of said Bank, upon such terms as shall be deemed just and reasonable, the balance which may be due by the United States to said Bank by virtue of said subscription, and the amount to be paid off, at such time or times as shall be agreed on, out of the proceeds of the sales of said stock: Provided, nevertheless, That nothing herein contained shall be construed to imply any obligation on the said Directors to accept of any adjustment, or payments, other than contained in, and specified by, the act aforesaid. [SENATE. lic view, responsibility is destroyed, which, on the publicity of their deliberations, would be restored; the constitutional powers of the Senate become more important, in being more influential over the other branch of the Legislature; abuse of power, mal-administration of office, more easily detected and corrected; jealousies, rising in the public mind from secret Legislation, prevented, and greater confidence placed by our fellow-citizens in the National Government, by which their lives, liberties, and properties, are to be secured and protected. "Resolved, therefore, That it be a standing rule, that the doors of the Senate Chamber remain open while the Senate shall be sitting in a Legislative and Judiciary capacity, except on such occasions as in their judgment may require secrecy; and that this rule commence on day of Ordered, That this motion lie for consideration, and that, in the mean time, the proposed resolutions be printed for the use of the Senate. FRIDAY, January 17. The Senate resumed the consideration of the subject of amendments to the Constitution of the United States; and, after debate, on motion, it was agreed that the further consideration thereof be postponed. Agreeably to the order of the day, the Senate proceeded to the consideration of the motion made yesterday, that the doors of the Senate Chamber remain under certain restrictions; and, on open motion, it was agreed that the further consideration thereof be postponed until Wednesday next. On motion, that the Senate adopt the following order: "That the Secretary of State be directed to lay before 4th. And be it further enacted, That, if any surplus the Senate the correspondences which have been had or balance shall remain from the sales aforesaid, after between the Minister of the United States at the Repubsuch adjustment with, or payment to, the Directors afore-lic of France and said Republic, and between said Min said, such balance shall be, and is hereby, applied to. It passed in the negative, yeas 12, nays 13-as follows: YEAS.-Messrs. Bradley, Brown, Burr, Butler, Edwards, Gallatin, Hawkins, Jackson, Martin, Monroe, Robinson, and Taylor. NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Izard, King, Langdon, Livermore, Mitchell, Morris, Strong, and Vining. On motion, by Mr. MARTIN, that the Senate adopt the following resolutions: "Resolved, That, in all representative Governments, the Representatives are responsible for their conduct to their constituents, who are entitled to such information that a discrimination and just estimate be made thereof. "Resolved, That the Senate of the United States, being the Representatives of the sovereignties of the individual States, whose basis is the people, owe equal responsibility to the Powers by which they are appointed, as if that body were derived immediately from the people, and that all questions and debates, arising thereupon in their Legislative and Judiciary capacity ought to be public. "Resolved, That the mode adopted by the Senate of publishing their Journals, and extracts from them, in newspapers, is not adequate to the purpose of circulating satisfactory information. While the principles and designs of the individual members are withheld from pub. ister and the office of Secretary of State:" Ordered, That this motion lie until Monday next. The Senate resumed the consideration of the motion of the 8th of January, instant, that the Secretary of the Treasury lay before the Senate certain statements of the Public Debt; and, Ordered, That the further consideration thereof be postponed until Monday next. MONDAY, January 20. The petition of Thomas Person and others, a committee on behalf of themselves and the other purchasers of lands in the ceded Territory South of the Ohio, referring to a petition presented to the Legislature of the State of North Carolina, praying for redress of certain matters therein contained, was presented and read. Ordered, That this petition lie on the table. On motion, it was agreed that the motion made on the 17th instant, that the Secretary for the Department of State be directed to lay before the Senate the correspondences which have been had between the Minister of the United States at the Republic of France and said Republic, should be further postponed. The consideration of the motion made on the 8th instant, that the Secretary for the Department of the Treasury be requested to lay before the Senate certain statements of the Public Debt, was resumed; and, being amended, was adopted, as follows: Ordered, That the Secretary of the Treasury do lay before this House the following statements, to wit: First. A statement of the Domestic Debt of the United States as due on the 1st day of January, 1794, specifying, under distinct heads 1st. The Funded Debt, distinguishing the six per cents, three per cents, and Deferred Stock, and in each kind of stock stating, separately, the amount created by the assumption of the State Debts. 2d. The Registered Debt. 3d. The Debt subscribable to the Loan of the United States, but which, not being funded or registered at the Treasury, is not entitled to a dividend. 4th. The balances due to creditor States and already funded, if there be any such, being the excess of the sums respectively by law assumed for such States, above the sums actually subscribed in the Debts of the said States. 5th. The Domestic Loans for cash contracted since the commencement of the present Government, stating the respective times when borrowed and when becoming due, together with the rate of interest. 6th. All other kinds of Domestic Debts not specially included under the five preceeding heads, for the payment of which, no appropriations have been made. [JANUARY, 1794. rately, in each statement, under each branch of the revenue, the moneys received on account of the revenue of that year and those received on account of the revenue of each preceding year, and stating, so far as the same is now practicable, the amount of all moneys, bonds, or with the times of payment of such bonds or securities. securities, on hand, on the first day of January, 1794, TUESDAY, January 21. PRESIDENT OF THE UNITED STATES: of the House of Representatives : Having already laid before you a Letter of the 16th of August, 1793, from the Secretary of State to our Minister at Paris, stating the conduct and urging the recal, of the Minister Plenipotentiary of the Republic of France, I now communicate to you, that his conduct has been unequivocally disapproved; and that the strongest assurances have been given, that his recal should be expedited without delay. G. WASHINGTON. UNITED STATES, January 20, 1794. The Message was read, and ordered to lie on file. The memorial of the people called Quakers, from the yearly meeting held at Rhode Island for New England, in the year 1793, was presented Second. A statement of the Domestic Debt redeemed and read, praying Congress to exercise the authosince the commencement of the present Government, to rity vested in them by the Constitution for the the first day of January, 1794; distinguishing the differ-suppression of the slave trade. ent species of Debt, and specifying the mode of redemption, and, when redeemed for money, the amount of moneys expended in purchasing the same. Third. A general statement of the Foreign Debt of the United States as due on the 1st day of January, 1794; stating, separately, the French Debt, the other Debts contracted before the commencement of the present Government, and the Loans contracted since that time; and specifying, in each Debt or Loan, the original amount, the time from which the interest commenced, the payments already made, with the dates of the same, and the places where paid, the amount yet due, and the respective times when the same shall become due. Fourth. A specific account of the application of the moneys obtained upon Foreign Loans, contracted since the commencement of the present Government, to the 1st day of January, 1794; stating the amount of the moneys drawn over to America, and of those applied in Europe, together with the dates of such applications or drafts. Fifth. A summary statement of the actual receipts and expenditures from the commencement of the present Government to the last day of December, 1790, including all moneys received on account of the United States, such parts of the Foreign Loans as have not been drawn over to America only excepted; distinguishing the moneys received under each branch of the revenue, and the moneys expended under each appropriation, and stating the balances of each branch of the revenue remaining unexpended on the 31st day of December, 1790; specifying separately such balances as were on that day in the Treasury, and such as were uncollected or in the hands of any banks, officers, or other persons. Sixth. Similar and separate statements for the years 1791 and 1792, respectively, and, so far as the same is now practicable, for the year 1793; specifying, sepa Ordered, That this petition lie on the table. The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and of the House of Representatives: It is with satisfaction I announce to you that the alterations which have been made by law in the original plan for raising a duty on spirits distilled within the United States, and on stills, co-operating with better information, have had a considerable influence in obviating the difficulties, which have embarrassed that branch of the public revenue. But the obstacles which have been experienced, though lessened, are not yet entirely surmounted; and it would seem that some further Legislative provisions may usefully be superadded; which leads me to recal the attention of Congress to the subject. Among the matters which may demand regulation, is the effect, in point of organization, produced by the separation of Kentucky from the State of Virginia; and the situation, with regard to the law, of the Territories Northwest and Southwest of the Ohio. The laws respecting light-house establishments, require, as a condition of their permanent maintenance, at the expense of the United States, a complete cession of soil and jurisdiction. The cessions of different States having been qualified with a reservation of the right of serving legal process within the ceded jurisdiction, are understood to be inconclusive, as annexing a qualification not consonant, with the terms of the law. I present this circumstance to the view of Congress, that they may judge whether any alteration ought to be made. As it appears to be conformable with the intention of the "Ordinance for the Government of the Territory of the United States Northwest of the river Ohio," although it is not expressly directed, that the laws of that Terri |