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Mr. ELLSWORTH, from the managers at the conference on the disagreeing votes of the two Houses, on the amendments of the Senate to the bill, entitled "An act making further provision for securing and collecting the duties on foreign and domestic distilled spirits, stills, wines, and teas," reported

"That the Senate recede from their amendment to

the 12th section;

"That the House of Representatives agree to the amendment proposed by the Senate to the 5th section; "That the House of Representatives agree to the amendment proposed by the Senate to the 13th section, with an amendment, by striking out 'supervisors,' and that the Senate agree to such amendment of their amendment;

"That the Senate recede from their amendment to strike out the 16th section, and that both Houses agree to amend the said section, by striking out 'weekly,' and inserting for any term of time less than one year, and not less than one month;'

"That the House of Representatives agree to the amendment proposed by the Senate to the 17th section, with an amendment, by inserting after 'left at his dwell ing,' by the collector, and that the Senate agree to such an amendment of their amendment;

"That the House of Representatives agree to the amendment proposed by the Senate to insert, after the 17th section of the bill, two additional sections;

"And that both Houses agree to alter the 9th section, by inserting after 'States,' and of the Territory of the United States Northwest of the river Ohio, and of the Territory of the United States South of the river Ohio."

And the report was adopted.

Ordered, That the Secretary acquaint the House of Representatives therewith.

The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and

of the House of Representatives:

I send you certain communications, recently received from Georgia, which materially change the prospect of affairs in that quarter, and seem to render a war with the Creek nations more probable than it has been at any antecedent period. While the attention of Congress will be directed to the consideration of measures suited to the exigency, it cannot escape their observation that this intelligence brings a fresh proof of the insufficiency of the existing provisions of the laws, towards the effectual cultivation and preservation of peace with our Indian neighbors. G. WASHINGTON.

UNITED STATES, June 2, 1794. The Message and papers therein referred to were read, and ordered to lie for consideration.

Mr. ELLSWORTH, from the committee to whom was referred the bill, entitled "An act laying duties upon carriages for the conveyance of persons," reported that the bill pass without amendment. Ordered, That the report lie for consideration.

TUESDAY, June 3.

[SENATE.

ishment of certain crimes against the United States," with amendments, in which they desire the concurrence of the Senate.

With the message came the following resolution of the House of Representatives for concurrence:

"Resolved, That the resolution of the 21st ultimo, authorizing the President of the Senate and Speaker of the House of Representatives to close the present sesbe repealed; and that, instead thereof, they be authorsion, by adjourning their respective Houses on this day, ized to adjourn their respective Houses on Thursday, the 5th instant, to meet on the day by law appointed:"

The resolution being read, on motion to strike out "Thursday the 5th," and insert "Friday the 6th," it passed in the negative.

Resolved, That the Senate concur in this resolution.

The bill sent from the House of Representatives for concurrence, entitled "An act laying certain duties upon snuff and refined sugar," was read the third time.

On motion to substitute six in lieu of eight cents, it passed in the negative.

On motion to add the following to the 14th section of the bill:

"Provided this restriction shall not extend to prohibit the importation of sugar from the province of Canada in vessels of less burden; anything to the contrary notwithstanding :"

It passed in the negative.

On motion, it was agreed to amend the bill, by annexing the following proviso to the 14th section: Provided, That no drawback shall be allowed on the exportation of either of the said articles in any instance

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where the same shall amount to less than twelve dollars:"

Resolved, That this bill pass with amendments. A message from the House of Representatives informed the Senate, that the House agree to all the modifications of the amendments to the bill, entitled "An act making further provision for securing and collecting the duties on foreign and domestic distilled spirits, stills, wines, and teas," as proposed by the committee of conference, except the amendment to the twelfth section, which the House of Representatives have agreed to in their first proceeding on the amendments of the Senate.

The report of the committee to whom was referred the bill, entitled "An act for the more effectual protection of the Southwestern frontiers," was considered.

Ordered, That this bill be recommitted, and that the Message of the PRESIDENT OF THE UNITED STATES of the 2d instant be also referred to the same committee, to consider and report thereon to the Senate.

The bill, sent from the House of Representatives for concurrence, entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," was read the third time. A message from the House of Representatives On motion, to insert the following in the first informed the Senate, that the House have passed section of the bill, to wit: after "coffee per pound," the bill, sent from the Senate for concurrence, en-"on salt per bushel, three cents," it passed in the titled "An act in addition to the act for the pun- negative.

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On motion, it was agreed to strike out the following words, after "shoes and slippers for children," on coal per bushel, one and a half cents." On motion, it was agreed to amend the bill, by inserting, after "coffee per pound," these words: on clayed or lump sugar, one cent per pound." On motion to restore the fourth section of the bill, amended as follows:

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"And be it further enacted, That, upon all ships or vessels of the United States, there shall be levied and paid, after the last day of June next, a duty of six cents per ton, in addition to the duty now chargeable by law; and upon all ships or vessels belonging wholly or in part to the subjects or citizens of any foreign Power, which after the said last day of June next shall be entered in the United States from any foreign port or place, there shall be levied and paid a duty of twenty-five cents per ton, in addition to the duty now chargeable by law :"

It passed in the negative.

On motion, it was agreed to expunge these words from the first section, "except window glass."

Resolved, That this bill pass with amendments. The report of the committee to whom was referred the bill, entitled "An act laying duties upon carriages for the conveyance of persons," was considered and adopted..

Ordered, That this bill pass to the third reading. The bill sent from the House of Representatives for concurrence, entitled "An act laying duties on licenses for selling wines and foreign distilled spirituous liquors, by retail," was read the second time, and referred to Messrs. CABOT, ELLSWORTH, and KING, to consider and report thereon to the Senate.

The bill sent from the House of Representatives for concurrence, entitled "An act laying duties on property sold at auction," was read the second time, and referred to the committee last named, to consider and report thereon to the Senate.

The bill sent from the House of Representatives for concurrence, entitled "An act for the relief of John Robbe," was read the second time, and referred to Messrs. LIVERMORE, BROWN, and HAWKINS, to consider and report thereon to the Senate.

Mr. LIVERMORE, from the said committee, reported that the bill last mentioned pass without amendment; and on motion, by unanimous consent, the rule was dispensed with, and the bill was read the third time and passed.

The bill sent from the House of Representatives for concurrence, entitled "An act providing for the payment of a certain sum of money due to the French Republic," was read the second time, and referred to Messrs. KING, GUNN, and ELLSWORTH, to consider and report thereon to the

Senate.

The bill sent from the House of Representatives for concurrence, entitled "An act to extend the term of credit for teas imported in the ship Argonaut, and to permit the export of goods saved out of the wreck of the Snow Freelove," was read the second time; and, by unanimous consent, the

[JUNE, 1794.

rule was dispensed with, and the bill was read the third time and passed.

The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act in addition to the act for the punishment of certain crimes against the United States."

Resolved, That they concur in the amendments to this bill."

WEDNESDAY, June 4.

The bill sent from the House of Representatives for concurrence, entitled "An act laying duties upon carriages for the conveyance of persons" was read the third time.

On motion to strike out, from the first section, all that follows the word "coachee," and, in lieu thereof, insert "and other four-wheeled carriages which hang or rest upon steel or iron springs, six dollars," it passed in the negative.

On motion to postpone the further consideration of the bill until the next session of Congress, it passed in the negative.

On the question Shall this bill pass? it passed in the affirmative-yeas 12, nays 8, as follows:

YEAS. Messrs. Bradford, Cabot, Ellsworth, Foster, Gunn, Hawkins, King, Livermore, Martin, Morris, Ross, and Vining.

NAYS. Messrs. Brown, Burr, Frelinghuysen, Henry, Jackson, Potts, Robinson, and Rutherfurd.

A message from the House of Representatives informed the Senate, that the House have passed a bill entitled "An act supplementary to the act entitled 'An act to promote the progress of Useful Arts;" a bill entitled "An act concerning Invalids;" a bill entitled "An act to make further compensation for the services of the late Robert Forsyth, Marshal of Georgia ;" and a bill entitled "An act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place for holding the Judicial Courts, and altering the time and place of holding certain Courts;" in which several bills they desire the concurrence of the Senate. The House agree to some and disagree to other amendments of the Senate to the bill entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the ton nage of ships or vessels."

Mr. CABOT, from the committee to whom was referred the bill entitled "An act laying duties on licenses for selling wines and foreign distilled spirituous liquors by retail," reported amendments, which were adopted; and, by unanimous consent, the rule was dispensed with, and the bill was read the third time and passed.

A message from the House of Representatives informed the Senate, that the House have passed "a resolution that a joint committee of both Houses be appointed to wait on the PRESIDENT OF THE UNITED STATES and request that he would recommend to the people of the United States a day of public humiliation and prayer, to be observed, by supplicating Almighty God for the safety, peace, and welfare of these States;" they

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have appointed a committee on the part of the House, and desire the concurrence of the Senate, and the appointment of a committee on their part. Mr. CABOT, from the committee to whom was referred the bill entitled "An act laying duties on property sold at auction," reported amendments, which were adopted.

Ordered, That this bill pass to a third reading. The bill sent from the House of Representatives for concurrence, entitled "An act to make further compensation for the services of the late Robert Forsyth, Marshal of Georgia," was read; and, by unanimous consent, the rule was dispensed with, and the bill was read the second time.

[SENATE.

The Message and papers therein referred to were read, and ordered to lie for consideration. The bill sent from the House of Representatives for concurrence, entitled "An act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place of holding certain Courts" was read; and, by unanimous consent, the rule was dispensed with, and the bill was read the second time.

Ordered, That this bill be referred to Messrs. VINING, MARTIN, and BROWN, to consider and report thereon to the Senate.

Mr. KING, from the committee to whom was referred the bill, entitled "An act for the more Ordered, That this bill be referred to Messrs. effectual protection of the Southwestern frontier VINING, JACKSON, and KING, to consider and re-settlers," reported amendments, which were read. port thereon to the Senate.

Mr. VINING, from the committee on the bill last named, reported amendments, which were read and adopted; and, by unanimous consent, the rule was dispensed with, and the bill was read the third time and passed.

Ordered, That the amendments be printed for the use of the Senate.

A message from the House of Representatives informed the Senate that the House have passed the bill sent from the Senate for concurrence, entitled "An act to authorize the PRESIDENT OF THE The Senate proceeded to consider the resolu-UNITED STATES, during the recess of the present tion of the House of Representatives disagreeing to sundry of their amendments to the bill entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels."

On motion that the Senate recede from their amendments disagreed to, it passed in the negative. Resolved, That the Senate insist on their said amendments, and ask a conference on the disagreeing votes of the two Houses thereon; and that Messrs. GUNN, KING, and ELLSWORTH, be managers at the same on the part of the Senate.

A message from the House of Representatives informed the Senate that the House agree to the proposed conference on the disagreeing votes of the two Houses on the bill, entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," and have appointed managers at the same on their part.

The bill sent from the House of Representatives for concurrence, entitled "An act supplementary to the act entitled 'An act to promote the progress of Useful Arts" was read; and, by unanimous consent, the rule was dispensed with, and the bill was read the second time.

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Ordered, That this bill be referred to Messrs. POTTS, BURR, and CABOT, to consider and report thereon to the Senate.

Mr. POTTS, from the committee on the bill last mentioned, reported amendments, which were read and adopted, and the bill ordered to a third reading. The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and

of the House of Representatives:

I lay before Congress the copy of a Letter, with its enclosures, from the Secretary of State to the Minister Plenipotentiary of his Britannic Majesty, it being an answer to a Letter from the Minister to him, bearing date the 22d ultimo, and already communicated. G. WASHINGTON.

UNITED STATES, June 4, 1794.

Congress, to cause to be built a number of vessels, to be equipped as galleys, in the service of the United States," with amendments, in which they desire the concurrence of the Senate.

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Mr. JACKSON, from the committee to whom was referred the bill, entitled "An act to amend the act entitled An act to enable the officers and soldiers of the Virginia line, on Continental Establishment, to obtain titles to certain lands lying Northwest of the river Ohio, between the Little Miami and Sciota," reported amendments, which were read, and ordered to lie for consideration.

Ordered, That the Secretary of the Depart ment of War do lay before the Senate a statement of the number of non-commissioned officers and privates now actually in the service of the United: States upon the Military Establishment.

The bill sent from the House of Representatives for concurrence, entitled "An act concerning Invalids" was read, and ordered to a second reading.

THURSDAY, June 5.

The PRESIDENT laid before the Senate a Letter from the Secretary of the Department of War, accompanying a statement of the troops of the United States, according to the last returns; which was read, and ordered to lie on the table.

Mr. MARTIN, from the committee to whom was referred the bill, entitled "An act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place for holding certain Courts," reported amendments, which were adopted.

Ordered, That this bill pass to a third reading. informed the Senate, that the House have passed A message from the House of Representatives the bill sent from the Senate for concurrence, entitled "An act in addition to the act for making further and more effectual provision for the protection of the frontiers of the United States," with an amendment, in which they desire the concur

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rence of the Senate; and that they have passed a bill, entitled "An act for the relief of Nicholas Reib," in which they desire the concurrence of the Senate.

The report of the committee on the bill entitled "An act to amend the act entitled 'An act to enable the officers and soldiers of the Virginia line on Continental Establishment to obtain titles to certain lands lying Northwest of the River Ohio, between the Little Miami and Sciota," was considered and adopted.

Ordered, That the bill be printed as it is reported to be amended.

The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act in addition to the act for making further and more effectual provision for the protection of the frontiers of the United States."

Resolved, That the Senate concur in the said amendment.

A message from the House of Representatives informed the Senate, that they have passed "a resolution directing the Secretary of War to make out and return to the District Judges certain lists in the cases of Invalid Pensioners;" in which they desire the concurrence of the Senate.

[JUNE, 1794.

permanent security of the Southwestern frontier settlers; and that the posts so to be established shall be guarded by troops from the line of the present Military Establishment, or by militia from the States and Territory aforesaid, as the President may judge most expedient; and between every two of the said posts there shall be kept up a constant patrol of mounted rangers.

"SEC. 3. And be it further enacted, That the militia to be employed by virtue of this act shall, while in service, be entitled to receive the same rations, pay, and clothing, or money in lieu thereof, as the troops now in the service of the United States are entitled to:"

It passed in the affirmative-yeas 16, nays 3, as follows:

YEAS.-Messrs. Bradford, Brown, Burr, Cabot, Ellsworth, Foster, Frelinghuysen, Hawkins, Henry, King, Livermore, Morris, Potts, Ross, Rutherfurd, and Vining. NAYS.-Messrs. Gunn, Jackson, and Martin.

On motion that the first section of the bill pass as reported by the committee, and agreed to be amended in Senate, to wit:

"SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be, and he hereby is, authorize to raise, for three years, unless sooner discharged, within the States of Georgia, South Carolina, North Carolina, the Territory South of the Ohio, and Virginia, an additional regiment of infantry, consisting of one thousand one hundred and forty non-commissioned officers and privates, and solely to appoint the commissioned officers thereto, and organize the same according to the present

Resolved, That the resolution of the 3d instant, authorizing the President of the Senate and the Speaker of the House of Representatives to close the present session by adjourning their respective Houses on this day, be recinded; and that, instead thereof, they be authorized to adjourn their re-establishment: Provided, That, if the President of the spective Houses on Monday, the 9th instant, to meet at the day by law appointed.

The President laid before the Senate a Letter from the Secretary for the Department of War, submitting further information relative to the recent events upon the Southwestern frontiers.

The Letter and communication therein referred to were read and ordered to lie for consideration.

United States shall be of opinion that any part of the legion now in service, whether officers or privates, can, without detriment to the public service, be transferred and constitute a part of the regiment herein provided, he be authorized to make such transfer:"

It passed in the affirmative-yeas 13, nays 4, as follows:

more, Morris, Potts, and Rutherfurd.

YEAS. Messrs. Bradford, Cabot, Ellsworth, Foster, The Senate proceeded to consider the amend-Frelinghuysen, Gunn, Henry, Jackson, King, Liverments reported by the committee to whom was referred the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers."

On motion to adopt the report of the committee, so far as that the three first sections of the bill, as it came from the House of Representatives, be struck out, to wit:

"SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to call out, from time to time, as occasion may require, any number of militia belonging to the State of Georgia, South Carolina, North Carolina, Virginia, or the Territory South of the river Ohio, not exceeding in the whole ten thousand, as may at any time be, by him, thought necessary to carry on offensive operations against the Creek and Cherokee Nations or Tribes of Indians: Provided, That the militia to be called out to be not continued in service for a longer term than six months at any one

time.

"SEC. 2. And be it further enacted, That the President of the United States be authorized to establish such military posts as he may deem necessary for the

NAYS.-Messrs. Brown, Burr, Martin, and Ross. On motion, the blank in the second section reported by the committee was filled with "twenty," and the section adopted as follows:

"SEC. 2. And be it further enacted, That the noncommissioned officers, privates, and musicians of the said regiment shall receive as a bounty after their enlistment the sum of twenty dollars, and that they, together with the commissioned officers, shall receive the same pay and allowances, in all respects, and be governed by the same Rules and Articles of War as the other troops of the United States."

On motion to agree to the report of the committee, of a section as follows:

"SEC. 3. And be it further enacted, That the President of the United States be, and he is hereby, authorized to establish such military posts without the jurisdiction of any individual State or the Territory aforesaid as he may deem necessary for the permanent security of the Southwestern frontiers, and that the said posts shall be guarded by troops on the establishment or by the militia :"

It passed in the negative.

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On motion, the Senate agreed to adopt the report of the committee of a fourth and fifth section to the bill, as follows:

"SEC. 4. And be it further enacted, That, whenever the United States shall be invaded, or in imminent danger of invasion from any Nation or Tribe of Indians, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger or scene of action as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper.

"SEC. 5. And be it further enacted, That the militia to be employed by virtue of this act shall, while in service, be entitled to receive the same rations, pay, and clothing, or money in lieu thereof, as the troops now in

the service of the United States are entitled to:"

On motion to expunge the 6th section reported by the committee, as follows:

“SEc. 6. And be it further enacted, That all persons who shall be assembled or embodied in arms upon any land belonging to Indians out of the ordinary jurisdiction of any State or the Territory aforesaid, for the purpose or with the intent of warring against the Indians, or of committing depredations on any Indian town, or person, or property, shall thereby become subject to the Rules and Articles of War, which are, or shall be established for the government of the troops of the United States :"

[SENATE

Mr. GUNN reported, from the managers at the conference on the disagreeing votes of the two Houses, on the bill, entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels." Whereupon,

Resolved, That the Senate so far recede from their amendment to the first section, as that the duty on coal stand at one half cent per bushel.

They also recede from their last amendment to the first section, which was to strike cut the words "except window glass."

FRIDAY, June 6.

The bill sent from the House of Representatives for concurrence, entitled "An act for the more effectual protection of the Southwestern frontier settlers," was read the third time.

On motion it was agreed, by unanimous consent, to strike out these words from the second section reported by the committee, to wit: "after their enlistment."

On motion, it was agreed further to amend the second section reported by the committee, by inserting these words after "dollars:" "one-half to be paid immediately after enlistment, the other half at the end of three months thereafter."

On motion, it was agreed further to amend the bill by striking out the fourth section reported by

It passed in the negative-yeas 7, nays 10, as the committee. follows:

YEAS. Messrs. Burr, Frelinghuysen, Gunn, Henry, Jackson, Martin, and Ross.

NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Hawkins, King, Livermore, Morris, Potts, and Vining. On motion to agree to a 7th section, reported by the committee, as follows:

"SEC. 7. And be it further enacted, That if the President of the United States shall deem the same conductive to the good of the public service, he be, and hereby is, authorized to appoint a Major General to command the troops authorized by this act, who shall receive the same pay and allowances as are granted to a Major General by the act, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States:"

It passed in the negative.

Ordered, That this bill pass to a third reading. A message from the House of Representatives informed the Senate, that they have passed a bill, entitled "An act to continue in force, for a limited time, the act supplementary to The act for the establishment and support of light-houses, beacons, buoys, and public piers ;" and a bill, entitled "An act to continue in force, for a limited time, the act, entitled 'An act to ascertain the fees in Admiralty proceedings in the District Courts of the United States and for other purposes;" in which several bills they desire the concurrence of the Senate. They insist on one and recede from other amendments disagreed to by the Senate on the bill, entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels."

Resolved, That this bill pass with amendments. A message from the House of Representatives informed the Senate, that the House have resolved, that the Committee of Enrolments be authorized to amend the bill, entitled "An act laying additional duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships and vessels," by striking out the word "next," in the first section, and, in lieu thereof, inserting the word "instant;" also, by making a corresponding alteration throughout the bill, and by striking out, in the title thereof, the words "and on the tonnage of ship or vessels ;" and that the engrossed bill be amended conformably thereto; and that the concurrence of the Senate be requested, by message, in this resolution.

The Senate proceeded to consider the resolution last mentioned, and,

Resolved, That they do concur therein.

Mr. RUTHERFURD, from the committee to whom was referred the bill, entitled "An act for determining the Northern boundary of the Territory ceded to the United States by the State of North Carolina," reported that the bill do not pass, and the report was adopted. Whereupon,

Resolved, That the Senate do not concur in this bill.

Ordered, That the Secretary acquaint the House of Representatives therewith.

The bill sent from the House of Representatives for concurrence, entitled "An act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place of holding certain Courts," was read a third time.

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