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DECEMBER, 1793.]

Address to the President.

[H. OF R.

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ments of regard to his Nation; from a sense of their

Friday, December 6. friendship towards us; from a conviction that they would not suffer us to remain long exposed to the action of a

JAMES HILLHOUSE, from Connecticut, and Joperson, who has so little respected our mutual disposi- siau Parker, from Virginia, appeared, 'and took tions; and I will add, from a reliance on the firmness their seats. of my fellow-citizens, in their principles of peace and

Mr. William Smith, from the Standing Comorder. In the mean time, I have respected and pursued mittee of Elections, reported that the Committee the stipulations of our treaties according to what I judged had, in part, examined the certificates and other their true sense; and have withheld no act of friendship credentials of the members returned to serve in which their affairs have called for from us, and which this House, and had agreed upon a report; which justice to others left us free to perform. I have gone was read, and is as follows: further. Rather than employ force for the restitution of certain vessels which I deemed the United States

“ It appears to your Committee, that the credentials bound to restore, I thought it more advisable to satisfy of the following members are sufficient to entitle them the parties, by avowing it to be my opinion, that, if re

to take their seats, in the House, to wit: stitution were not made, it would be incumbent on the [After enumerating the names of the members United States to make compensation. The papers now whose credentials were examined, the report concommunicated will more particularly apprise you of cludes :) these transactions. The vexations and spoliations understood to have

“ Your Committee further report that, in the case of been committed on our vessels and commerce, by the John Patton, returned as a member for the State of cruisers and officers of some of the belligerent Powers, Delaware, the Executive of the said State have, together appeared to require attention. The proofs of these, how with the return, transmitted a protest, made to them by ever, not having been brought forward, the description Henry Latimer, of the said State, against the return of of citizens supposed to have suffered, were notified that,

the said John PATTON." on furnishing them to the Executive, due measures Ordered, That the said report do lie on the would be taken to obtain redress of the past, and more table. effectual provisions against the future. Should such The House resolved itself into a Committee of documents be furnished, proper representations will be the Whole House on the Address to the PREBImade thereon, with a just reliance on a redress propor- DENT OF THE UNITED STATES, in answer to his tioned to the exigency of the case.

Speech to both Houses of Congress; and, after The British Government having undertaken, by or- some time spent therein, the Chairman reported ders of the Commanders of their armed vessels, to re-that the Committee had had the said Address strain, generally, our commerce, in corn and other pro- under consideration, and made no amendment visions, to their own ports and those of their friends, the thereto. instructions now communicated were immediately forwarded to our Minister at that Court. In the mean

Resolved, unanimously, That this House doth time, some discussions on the subject took place between agree to the said Address, in the words following: him and them; these are also laid before you; and I

SIR: The Representatives of the people of the United may expect to learn the result of his special instructions, States, in meeting you for the first time since you have in time to make it known to the Legislature during been again called, by an unanimous suffrage, to your their present session.

present station, find an occasion, which they embrace Very early after the arrival of a British Minister here, with no less sincerity than promptitude, for expressing mutual explanations on the inerecution of the Treaty to you their congratulations on so distinguished a testiof Peace were entered into with that Minister; these mony of public approbation, and their entire confidence are now laid before you for your information.

in the purity and patriotism of the motives which have On the subjects of mutual interest between this coun- produced this obedience to the voice of your country. try and Spain, negotiations and conferences are now de- It is to virtues which have commanded long and unipending. The public good requiring that the present versal reverence, and services from which have flowed state of these should be made known to the Legisla- great and lasting benefits, that the tribute of praise may ture, in confidence only, they shall be the subject of a be paid without the reproach of dattery; and it is from separate and subsequent communication.

the same sources that the fairest anticipations may be

derived in favor of the public happiness. G. WASHINGTON. UNITED States, December 5, 1793.

The United States having taken no part in the war

which had embraced in Europe the Powers with whom The PRESIDENT sent, also, a copy of the report they have the most extensive relations, the maintenance of the late Commissioners for settling accounts of peace was justly to be regarded as one of the most between the United States and individual States, important duties of the Magistrate charged with the stating the balances due to and from the respective faithful execution of the laws. We accordingly witStates.

ness, with approbation and pleasure, the vigilance with The Message and Communications from the which you have guarded against an interrup:ion of that PRESIDENT were partly read, and ordered to be zens of tho consequences of illicit or hostile acts towards

blessing, by your Proclamation, admonishing our citiprinted. Mr. Madison, from the committee appointed, of the existing legal state of things, an easier admission

the belligerent parties; and promoting, by a declaration presented an Address to the PRESIDENT OF THE of our right to the immunities belonging to our situaUNITED States, in answer to his Speech to both tion. Houses of Congress; which was read, and ordered The connexion of the United States with Europe has to be committed to a Committee of the Whole evidently become extremely interesting. The commuHouse to-morrow.

nications which remain to be exhibited to us will, no 3d Con.-6

H. OF R.)
Address to the President.

[DECEMBER, 1793. doubt, assist in giving us a fuller view of the subject, The SPEAKER, attended by the House, then and in guiding our deliberations to such results as may withdrew to the house of the PresiDENT OF THE comport with the rights and true interests of our country. UNITED STATEs, and there presented to him the

We learn, with deep regret, that the measures, dic- Address of this House, in answer to his Speech to tated by a love of peace, for obtaining an amicable ter- both Houses of Congress; to which the Presimination of the afflicting war on our frontiers, have Dent made the following Reply: been frustrated, and that a resort to offensive measures should have again become necessary. As the latter, satisfaction which I derive from the Address of the

GENTLEMEN : I shall not affect to conceal the cordial however, must be rendered more satisfactory,

in propor. House of Representatives. Whatsoever those services tion to the solicitude for peace, manifested by the former, it is to be hoped they will be pursued under the better may be which you have sanctioned by your favor, it is

a sufficient reward that they have been accepted as they auspices, on that account, and be finally crowned with

were meant. For the fulfilment of your anticipations more happy success.

In relation to the particular tribe of Indians against of the future, I can give no other assurance than that whom offensive meassures have been prohibited, as well the motives which you approve shall continue unchanged. as on all the other important subjects which you have mation has been considered as a seasonable guard

It is truly gratifying to me to learn that the Proclapresented to our view, we shall bestow the attention against the interruption of the public peace. Nor can which they claim. We cannot, however, refrain, at I doubt that the subjects which I have recommended to this time, from particularly expressing our concurrence in your anxiety for the regular discharge of the Public your attention as depending on Legislative provisions, Debts, as fast us circumstances and events will permit, With every reason, then, it may be expected that your

will receive a discussion suited to their importance. and, in the policy of removing any impediments that deliberations, under the Divine blessing, will be matured may be found in the way of a faithful representation of to the honor and happiness of the United States. public proceedings throughout the United States, being

G. WASHINGTON. persuaded, with you, that on no subject more than the former can delay be more injurious, or an economy of

The House resumed the reading of the commutime more valuable; and that, with respect to the latter, nications received from the PRESIDENT OF THE no resource is so firm for the Government of the United UNITED STATES on Thursday last, and made a States as the affections of the people, grided by an en- further progress therein. lightened policy.

The SPEAKER laid before the House a Letter Throughout our deliberations we shall endeavor to from the Treasurer of the United States, accomcherish every sentiment which may contribute to render panying his accounts of the receipts and expendithem conducive to the dignity as well as to the welfare tures of public moneys, from the ist of January to of the United States. And we join with you in im- the 31st of March, 1793, inclusive ; also, of 'his ploring that Being, on whose will the fate of nations payments and receipts on account of the War depends, to crown with success our mutual endeavors.

Department, from the 1st of January to the 30th Resolved, That Mr. SPEAKER, attended by the of June, 1793, inclusive; which were read, and House, do present the said Address, and that Mr. ordered to lie on the table. Madison, Mr. Sedgwick, and Mr. HARTLEY, be a committee to wait on the PRESIDENT, to know when and where it will be convenient for him to

Monday, December 9. receive the same.

Gabriel CHRISTIE, from Maryland, THOMAS A petition of Henry K. Van Rensselaer, of the CLAIBORNE and George Hancock, from Virginia, State of New York, was presented to the House JOSEPH Winston, from North Carolina, Joan and read, complaining of an undue election and Hunter and Andrew Pickens, from South Careturn of John E. Van Allen, to serve as a mem- rolina, appeared, produced their credentials, and ber of this House for the said State.

took their seats in the House. Ordered, That the said petition be referred to The House resumed the reading of the Comthe Committee of Elections.

munications received from the PRESIDENT OF THE The House resumed the reading of the Message UNITED States on Thursday last, and made a and communications received yesterday from the

further progress

therein. PRESIDENT OF THE UNITED STates, and made a

Mr. William Smith, from the Standing Comfurther progress therein.

mittee of Elections, to whom was referred the peMr. Madison, from the committee appointed to tition of Henry K. Van Rensselaer, of the State wait on the PresidENT OF THE UNITED States, of New York, complaining of an undue election to know when and where it will be convenient and return of John E. Van Allen, to serve as a for him to receive the Address of this House, in member of this House for the said State, made a answer to his Speech to both Houses of Congress, report; which was read, and ordered to lie on the reported that the committee had waited on the

table. PRESIDENT, who signified to them that it would be convenient to him to receive the said Address

Tuesday, December 10. at 12 o'clock, to-morrow, at his own house.

The House resumed the reading of the Com

munications received from the PRESIDENT OF THE SATURDAY, December 7.

UNITED STATES on Thursday last, and made a Peleg WaDSWORTH, from Massachusetts, and further progress therein. JOSEPH Neville, from Virginia, appeared, pro- Ordered, That the petition of Henry Latimer, duced their credentials, and took their seats. of the State of Delaware, complaining of an undue

a

DECEMBER, 1793.]
Proceedings.

[H. OF R. election and return of John Patton, to serve as a were then depending and undetermined, made a member of this House for the said State, which report; which was read, and ordered to lie on the lay on the table, be referred to the Committee of table. Elections, with instruction to examine the matter Ordered, That a committee be appointed to thereof, and report the same, with their opinion examine the laws of the United States, and report thereupon, to the House.

to the House such as have expired, or will expire, before the next session; and that Mr. Boudinot,

Mr. GOODHUE, and Mr. KITTERA, be the said Wednesday, December 11.

committee. BENJAMIN BOURNE and FRANCIS MALBONE, from Rhode Island, appeared, produced their cre

Friday, December 13. dentials, and took their seats in the House. The House resumed the reading of the Com- Patron, from Delaware, appeared, produced their

Thomas TredwELL, from New York, and John munications received from the PRESIDENT OF THE UNITED STATES on Thursday last, and went

credentials, and took their seats. through the same.

The House again resolved itself into a CommitOrdered, That the said Communications be tee of the Whole House on the Speech of the committed to the Committee of the Whole House PRESIDENT OF THE UNITED States to both Houses on the state of the Union.

of Congress; and, after some time spent therein, The House again resolved itself into a Commit- the Chairman reported that the Committee had tee of the Whole House on the Speech of the again had the said Speech under consideration,

and made a further

progress

therein. PRESIDENT OF THE UNITED STATES to both Houses of Congress; and, after some time spent

Resolved, That this House will, on Monday therein, the Chairman reported that the Commit- next, again resolve itself into a Committee of the tee had again had the said Speech under con

Whole

House on the said Speech. sideration, and come to several resolutions there

Ordered, That a committee be appointed to upon; which were severally twice read and agreed prepare and bring in a bill to establish an uniform to by the House, as follow:

system of bankruptcy throughout the United Ist. Resolved, That a committee be appointed Mr. Ames, Mr. Hartley, Mr. Hillhouse, Mr.

States; and that Mr. Giles, Mr. WILLIAM SMITH, to prepare and bring in a bill for completing and Fitzsimons, and Mr. Boudinot, be the said combetter supporting the Military Establishment of

mittee. the United States. 20. Resolved, That a committee be appointed

Ordered. That a committee be appointed to to report whether any, and what, amendınents are, the renewal of destroyed certificates of Debt of

prepare and bring in a bill to make provision for in their opinion, necessary to the act for establish- the United States; and that Mr. LEE, Mr. COFFIN, ing an uniform militia throughout the United and Mr. Beatty, be the said committee. States. 30. Resolved, That a committee be appointed prepare and bring in a bill for the relief of sick

Ordered, That a committee be appointed to to report whether any, and what, alterations or and disabled seamen; and that Mr. GOODHUE, Mr. amendments are in their

opinion, necessary to the Watts, Mr. Nicholas, Mr. Winston, and Mr. act to establish the Post Office and Post Roads of Malbone, be the said committee. the United States.

Ordered, That Mr. JEREMIAH WadswORTH, Mr. GILMAN, Mr. Boudinot, Mr. PETER MUHLEN

MONDAY, December 16. BERG, Mr. PARKER, Mr. Carnes, and Mr. Blount, SAMUEL DEXTER, Junior, from Massachusetts, be a committee pursuant to the first resolution. Joshua Cort and ZEPHANIAH Swift, from Con

Ordered, That Mr. COBB, Mr. SHERBURNE, Mr. necticut, and Richard Winn, from South CaroBENJAMIN BOURNE, Mr. VAN CORTLANDT, Mr. lina, appeared, produced their credentials, and MONTGOMERY, Mr. HARRISON, and Mr. PickENS, took their seats. be a committee pursuant to the second

resolution. The SPEAKER laid before the House a Letter Ordered, That Mr. Sedgwick, Mr. Tracy, Mr. from the Secretary of the Treasury, requesting GLENN, Mr. Clark, Mr. FitzSIMONS, Mr. Dent, that a new inquiry into his official conduct may Mr. WALKER, Mr. McDowell, and Mr. HUNTER, be instituted, in some mode most effectual for an be a committee pursuant to the third resolution. accurate and thorough investigation; which was Resolved, that this House will

, on Friday read, and ordered to lie on the table. next, again resolve itself into a Committee of the The SPEAKER laid before the House a Letter Whole House on the said Speech.

from the Secretary of War, accompanying a reThe SPEAKER laid before the House a Letter turn of the ordnance, arms, and military stores, in from the Treasurer of the United States, accom- possession of the United Şiates; also, a variety of panying his account of the receipts and expendi- papers, from A to L, inclusive, giving a view of tures of public moneys, from the 1st of April to the Southwestern frontiers, as connected with the the 30th of June, 1793, inclusive; which were read, Creeks and the State of Georgia and the South, and ordered to lie on the table.

western Territory of the United States. The said Mr. Boudinot, from the committee appointed Letter and Communications were partly read, to examine the Journal of the last session, and to Ordered, That a committee be appointed to report therefrom all such matters of business as ake into consideration the act "To establish the

a

H. OF R.]

Proceedings.

[DECEMBER, 1793.

morrow.

Judicial Courts of the United States," and report

WEDNESDAY, December 18. some provisions in the case, where any Judge of the Courts of the United States is, or may, by mittee of Elections, to whom was referred the pe

Mr. William Smith, from the Standing Comsickness or other disqualifying cause, be rendered tition of Henry K. Van Rensselaer, of the State incapable of discharging the duties of his office; of New York, complaining of an undue election also, some further provision concerning bail, pro- and return of John E. Van Allen, to serve as a cess, and costs, in the Courts of the United States; member of this House for the said State, made a and, generally, to report such amendments to the further report ; which was read, and ordered to be said act as they may judge necessary and Consti- committed to a Committee of the Whole House tutional; and that Mr. William Smith, Mr. JERE

on Friday next. MIAH SMITH, Mr. Moore, Mr. MURRAY, Mr. Thatcher, Mr. Scott, and Mr. Christie, be the received from the PresidENT OF THE UNITED

Ordered, That the confidential communications said committee. A Message was received from the President which have been pursued for obtaining a recogni

States on Monday last, respecting the measures of the United States, communicating certain tion of the Treaty between the United States and confidential communications respecting the trans- Morocco, and for the ransom of prisoners and esactions of the Government of the United States tablishment of peace with the Algerines, be comwith Spain.

mitted to a Committee of the Whole House toThe following Message was received from the PRESIDENT OF THE UNITED STATES:

The House resumed the reading of the confiGentlemen of the Senate, and

dential communications from the PRESIDENT, reof the House of Representatives :

specting the transactions of the Government of I lay before you a Report of the Secretary of State the United States with Spain, and made a further on the measures which have been taken, on behalf of

progress therein. the United States, for the purpose of obtaining a recognition of our Treaty with Morocco, and for the ransom of our citizens and establishment of peace with Algiers.

Thursday, December 19. While it is proper our citizens should know that sub- The SPEAKER laid before the House a Letter jects which so much concern their interests and their from the Secretary of the Treasury, transmitting feelings have duly engaged the attention of their Legis- an account of receipts and expenditures of the lature and Executive, it would still be improper that United States for the year one thousand seven some particulars of this communication should be made hundred and ninety-two, and accompanied with known. The confidential conversation stated in one of an explanatory Letter to him from the Comptrolthe last Letters, sent herewith, is one of these. Both ler of the Treasury; which were read, and orderjustice and policy require that the source of that informed to lie on the table. ation should remain secret, as a knowledge of the sums meant to have been given for peace and ransom from the Secretary of War, accompanying fur

The SPEAKER laid before the House a Letter might have a disadvantageous influence on future pro-ther communications respecting the Southwestern ceedings for the same objects.

G. WASHINGTON. frontiers, as connected with the Creeks, and the

State of Georgia, and the Southwestern Territory

of the United States. Tuesday, December 17.

Ordered, That the said Letter and communicaThe Speaker laid before the House a Letter tions do lie on the table. and Report from the Commissioners for purchas- The SPEAKER laid before the House a Letter ing the Public Debt, stating the amount of pur- from the Secretary of State, accompanying a rechases and other proceedings since their last report on the privileges and restrictions on the comport; which were read, and ordered to lie on the merce of the United States in foreign countries, table.

made pursuant to a resolution of the House of Mr. JEREMIAH WADSWORTH, from the commit- the twenty-third of February, one thousand seven tee appointed, presented a bill for completing and hundred and ninety-one ; which

was read, and orbetter supporting the Military Establishment of dered to be committed to the Committee of the the United States; which was read twice and Whole House to whom are committed the conficommitted.

dential communications from the PRESIDENT reThe House proceeded to the reading of the specting the measures which have been pursued confidential communications received yesterday for obtaining a recognition of the Treaty between from the PRESIDENT OF THE UNITED STATES, re- the United States and Morocco, and for the ranspecting the measures which have been pursued som of prisoners and establishment of peace with for obtaining a recognition of the Treaty between the Algerines. the United States and Morocco, and for the ran- Ordered, That a committee be appointed to insom of prisoners and establishment of peace with quire into and report a state of facts respecting the Algerines, and went through the same. sundry French vessels which have taken refuge

The House then proceeded to the reading of in the ports of the United States, and their opinthe confidential communications from the Presi- ion on the pr priety of remitting the foreign tonDENT, respecting the transactions of the Govern- nage thereon ; and that Mr. Venable, Mr. Talbot, ment of the United States with Spain, and made and Mr. Lyman, be the said committee. some progress therein.

The House resumed the reading of the confiDECEMBER, 1793.)

Contested Election.

[H. Or R.

same.

part ?

dential communications from the President re- yotes given, and if the major part of the votes be specting the transactions of the Government of the deemed sound, the fate of the election should not United States with Spain, and went through the depend on the plurality of votes in such major

Ordered, That the said communications be Mr. Lee observed, that this last was the opincommitted to the Committee of the Whole House ion of the committee, and they have stated facts to whom are committed the confidential commu- according to this opinion, and finding a major part nications respecting the measures which have been of the votes duly given and canvassed, and that pursued for obtaining a recognition of the Treaty J. E. Van Allen had a plurality of such major between the United States and Morocco, and for part, they have determined that he was duly rethe ransom of prisoners and establishment of peace turned to serve in the present Congress. with the Algerines.

A variety of objections were offered to the report of the Committee of Elections; that it did

not contain so full a statement of facts as would FRIDAY, December 20.

warrant the Committee of the Whole in deciding WILLIAM HINDMAN, from Maryland, and Sa- on the merits on the election. Sundry allegations MUEL GRIFFIN, from Virginia, appeared, produced of the petition devolved inquiries on the part of their credentials, and took their seats.

the Committee which not only affected the purity

of elections, but the privileges of the House, and CONTESTED ELECTION.

their right to judge of the qualifications of its The House went into Committee of the Whole members. These inquiries might enable the Comon the report of the Committee of Elections re- mittee to determine the number of votes actually specting the election of Mr. J. E. Van Allen. given, and the validity of those votes. That the The petition of Mr. Henry Van Rensselaer the act of the State of New York should be suffered two reports of the Committee of Elections, and to operate in this case so as to exclude from the the election law of the State of New York, were House a knowledge of the full amount of the numread by the Clerk.

ber of votes given, appeared very extraordinary. Mr. LEE stated a number of facts as connected | The respective Houses of Congress possess excluwith this subject, and added the following ques- sively the right to judge of the qualifications of tions, viz:

their own members. This right includes evident1. Whether irregularities not deemed by the ly full power to ascertain with precision the actual law of New York sufficient to nullify the votes state of the polls. If the votes of the citizens freegiven shall be regarded by the House of Repre- ly and fairly given can, under any pretext whatsentatives as having that effect? None of the ir- ever, be suppressed, the essential rights of suffrage regularities (observed Mr. LEE) were regarded by are at an end. It was observed, that corruption the law of New York as sufficient to vitiate the in elections was the door at which corruption returns of votes made by the inspectors, who are would creep into the House; that it appeared to sworn officers, and subject to pains and penalties be admitted there had been irregularities in some for failure of duty. If the law of New York is to of the towns in the district in question ; but it had be observed as a sovereign rule on this occasion, been made a question—not whether corruption the allegations do not state any facts so material generally should vitiate an election--but what as to require the interference of the House of Re- quantum should be sufficient for that purpose; so presentatives.

that corruption was considered, in relation to an 2. Whether, setting aside this first principle, election, by weight or measure. The allegations mere irregularities not alleged to have proceeded of the petition were urged in support of these obfrom corruption, shall nullify the return of sworn jections. These stated sundry irregularities in reofficers; and whether the House of Representa-lation to the returns not corresponding with the tives ought to countenance and inquire into the numbers of votes given in several towns; the mere implications of such serious crimes as per- boxes not being properly secured which conveyed jury and corruption, or should require such charges the votes to the canvassing committee-one of to be expressly and specifically made ?

which had been deposited in the House of the sit3. Whether it is not an indispensable requisite ting member for a number of hours, &c. to the existence of a Representative Government In support of the Committee of Election's rethat at every election a choice should be made ? port, it was observed, that the allegations in the

4. Whether, to insure such choice, it be not ne- petition showed that the principal support it restcessary that this principle should be established: ed on was, that the returning officers of some of that a majority of legal votes, legally given, should the towns in the district from which the sitting decide the issue of an election?

member came had rejected a number of votes 5. Whether, therefore, partial corruption should given in for the petitioner. It was shown, from be deemed sufficient to nullify an election, or only the provisions of the election law of New York sufficient to vitiate the votes given under such cor- that these votes might have been legally rejected. ruption, leaving the election to be decided by the The petition stated that numbers of persons had sound votes, however few?

sworn that they had voted for the petitioner, 6. Whether, if partial corruption should be whose votes, by the returns, it does not appear deemed sufficient to nullify an election, such cor- were counted. On this, it was observed, that the ruption should not extend to the major part of the Committee did not consider this allegation of a

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