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H. OF R.]
Contested Election.

[DeCEMBER, 1793 nature proper to engage their attention. It was priated for the service of the year one thousand presumed that the House of Representatives would seven hundred and ninety-four; which were read never institute an inquiry into such a species of and ordered to lie on the table. evidence. It was extremely difficult for a man The House resumed the reading of the commuto swear that he had positively voted by ballot for nications from the Secretary of War, respecting a particular candidate, since it is well known that the Southwestern frontiers, as connected with the persons had, on such occasions, frequently put in Creeks and the State of Georgia, and the South a ballot for the person he had not intended to vote western Territory of the United States, and made for. In the hurry and confusion which often take a further progress therein. place, the ballots get shifted, and one is put in in lieu of another. To the objection to the law of

TUESDAY, December 24. the State of New York, drawn from the Consti

The House resumed the consideration of the retution of the United States, it was replied, that the regulating the “time, place, and manner" of port from the Standing Committee of Elections, holding elections is expressly vested in the State to whom was referred the petition of Henry K. Legislatures. These necessarily include a great

Van Rensselaer, of the State of New York, comvariety of incidental circumstances, which must plaining of an undue election and return of John. also be left to their discretion. Congress cannot. E. Van Allen, to serve as a member of this House, enter into a consideration of the minutiæ of the for the said State. Whereupon, elections. The different customs of the several

The motion made on Friday last, to recommit States will not admit of one uniform system. the said report to the same committee, being reWith respect to the box which contained part of vived, and the question put thereupon, it passed in the votes having been deposited in the house of the negative. the sitting member, it was observed that no im- And then the said report being again read, as

follows: putation was conveyed against him in the petition on that account. It did not appear that the num- “ That your committee have received from Lewis A. ber of votes it contained had been either increased Scott, Secretary of the State of New York, a list of the or diminished: nor was there any charge against number of votes given in each town in the counties of him of being accessory to any unfair practices in Rensselaer and Clinton, for John E. Van Allen and the election. The Committee had taken cogni- Henry K. Van Rensselaer, which list has been admitted zance of every fact that had come into their pos- and

correct state of the ballots, estimated and canvass

by the said sitting member and petitioner to be a true session, and the result was before the Committee

ed at the said election. of the Whole. It was further stated by one of the Committee in regard to Stephentown, viz: "That the petitioner had

“It appears to your committee, that the allegations of Elections, that the only question to be deter- a greater number in the said town than was returned to mined was, whether the irregularity of the votes be estimated and canvassed,' even if proved, would not, in two towns, in a district consisting of ten towns, consistently with the law of the State of New York, be in case the votes of those two towns do not amount sufficient to set aside the votes given at the election in to a majority of the whole number of votes in the the said town. district, such irregularity shall vitiate the election “ That even should the irregularities complained of, of such district ?

with respect to the elections of the towns of Hoosack Some observations were made by several gen- and Rensselaerwyck, be sufficient to set aside the votes tlemen on the different modes of voting by ballot given in the said towns, still it appears that the said, and viva voce.

John E. Van Allen has a majority of the remaining Mr. Watts explained the process under the votes of the district, composed of the county of Renselection law of New York, and stated the princi- selaer and Clinton.” ples on which votes particularly circumstanced Resolved, That this House doth disagree to the were rejected, and the accidents by which they said report. were sometimes omitted in the general canvass. Resolved, That the allegations of the petition

The Committee, on the whole, did not appear to do not state corruption, nor irregularities of suffibe ripe for a decision. They, therefore, rose and cient magnitude, under the law of New York, to reported progress, and, after rejecting a motion invalide the election and return of John E. Van that the Committee of Elections should be instruct- | Allen to serve as a member in this House, and ed to report a state of the facts in their possession, that, therefore, the said John E. Van Allen is duly (which several of the committee said they had elected. already done,) the House adjourned, without com- The following Message was received from the ing to a vote on the report.

PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate,

and
Monday, December 23.

of the House of Representatives : ALEXANDER D. ORR, from Kentucky, appeared, on the affairs of the United States with Spain, and on the

Since the communications which were made to you produced his credentials, and took his seat in the truce between Portugal and Algiers, some other papers House.

have been received, which, making a part of the same The SPEAKER laid before the House a Letter subjects, are now communicated for your information. from the Secretary of the Treasury, accompanied

G. WASHINGTON. with estimates of the sums necessary to be appro- UNITED STATES, December 23, 1793.

149
HISTORY OF CONGRESS.

150
DECEMBER, 1793.]
Treaty with Morocco.

[H. of R. The said Message and papers were read, and ness would be kept up without shutting the gal-ordered to be committed to the Committee of the leries ; for the turn which the discussion took yesWhole House, to whom are committed the confi- terday, he said, it must appear to every member, dential communications from the PRESIDENT, re- that excluding the citizens from the gallery was specting the measures which have been pursued unnecessary. for obtaining a recognition of the Treaty between Mr. BoUdinoT was of opinion, that the public the United States and Morocco, and for the ran- business on the present occasion might be essen-som of prisoners, and establishment of peace with tially injured by a public discussion. the Algerines.

The rule of the House relative to the discussion The House resolved itself into a Committee of of confidential communications was called for, the Whole House on the confidential communica- and read. This rule provides that the House shall tions from the PRESIDENT, respecting the measures be cleared of all persons but the members and which have been pursued for obtaining a recogni- clerk on such occasions. tion of the Treaty between the United States and Several members spoke in terms of great dise Morocco, and for the ransom of prisoners, and es- approbation of this rule. tablishment of peace with the Algerines; and, Mr. BOUDINot observed, that the rule had been after some time spent therein, the Committee rose adopted after mature consideration, and he did not and asked leave to sit again.

doubt that, when the reasons on which it was Resolved, That the PRESIDENT OF THE UNITED founded were fully known, it would appear to be States bé requested to cause to be laid before a wise regulation. this House the substance of all such laws, decrees, The question recurring for going into a Comor ordinances, respecting commerce, in any of the mittee, Kingdoms or Countries with which the United Mr. Madison said if the House voted to go into States have commercial intercourse, and which Committee of the Whole, he supposed it would be have been received by the Secretary of State, moved in the first place, to rescind the above rule. and not already stated to this House, in his re- He then stated sundry objections to it; he differport of the sixteenth instant.

ed from Mr. BOUDINOT, as to its origin; he said it Ordered, That Mr. WINGATE, Mr. New, and was passed on a particular occasion, and stated Mr. ARMSTRONG, be a committee to wait on the sundry circumstances of that occasion ; he conPRESIDENT, with the foregoing resolution.

cluded by moving for a reconsideration of the

rule. THURSDAY, December 26.

The debate was continued on the subject of the A petition of Abram Trigg, of the State of rule; in the course of which it was said, that seVirginia, was presented to the House and read, majesty of the sovereign people ; that this Go

crecy in a Republican Government wounds the complaining of an undue election and return of Francis Preston, to serve as a member of this vernment is in the hands of the people; and that House for the said State.

they have a right to know all the transactions reOrdered, That the said petition be referred to be infringed incautiously, for such secrecy tends

lative to their own affairs; this right ought not to the Committee of Elections; that they do examine the matter thereof, and report the same,

to injure the confidence of the people in their

own Government.
with their opinion thereon to the House.
The House again resolved itself into a Com-

In reply to these remarks, it was said, that becommunications from the PresiDENT, respecting PRESIDENT OF THE UNITED

States is the deposi. mittee of the Whole House on the confidential cause this Government is Republican, it will not

be pretended that it can have no secrets. The the measures which have been pursued for obtaining a recognition of the Treaty

between the United tory of secret transactions ; his duty may lead him States and Morocco, and for the ransom of pri- House, and the success, safety, and energy of the

to delegate those secrets to the members of the soners, and establishment of peace with the Algerines; and, after some time spent

therein, the inviolably. The people have a right to be well

Government may depend on keeping those secrets Committee rose and had leave to sit again.

governed; they have interests as well as rights;

and it is the duty of the Legislature to take every Friday, December 27.

possible measure to promote those interests. To DANIEL HEISTER, from Pennsylvania, appear

discuss the secret transactions of the Government ed, produced his credentials, and took his seat in publicly, was the ready way to sacrifice the pubthe House.

lic interest

, and to deprive the Government of all Mr. Lee, from the committee appointed, pre- foreign information, &c. sented a bill providing for destroyed certificates The motion for going into a Committee of the of certain descriptions; which was read the first Whole on the Algerine business being put, was time.

carried; and the galleries were thereupon cleared. TREATY WITH MOROCCO. A motion being made for going into a Committee of the Whole on the subject which was under

MONDAY, December 30. consideration yesterday

Mr. Nicholas moved for a reconsideration of Mr. Nicholas observed, that he hoped the busi- the rule of the House, which provides for closing

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H. OF R.)
Closing of Galleries.

[DECEMBER, 1793.
the galleries during the discussion of confidential the matter communicated requires secrecy, or not, and
communications from the PRESIDENT OF THE take order accordingly."
UNITED STATES.

Ordered, That the Committee of the Whole Some debate ensued on this motion. It was House to whom were referred the confidential urged, in its support, that the rule bore oppress- communications from the President, respecting ively on the House; that it left no option with the transactions of the Government of the United them to determine whether it was proper to close States with Spain, be discharged from further the doors on a particular occasion, or not. Every proceeding on the same. communication denominated “confidential” im

The House again resolved itself into a Composed a necessity on the House for closing the mittee of the Whole House on the confidential doors. It had been said that the Committee on communications from the PRESIDEET, respecting the Rules might report an alteration in this par- the measures which have been pursued for obtainticular rule. În answer to this, it was urged that ing a recognition of the Treaty between the Unitthe committee might not be ready to report for ed States and Morocco, and for the ransom of some time; in the interim, that no necessity, ex- prisoners, and establishment of peace with the Alisted for the House having their deliberations gerines; and, after some time spent therein, the hampered by this rule, which might be rescinded Committee rose, and had leave to sit again. by a vote of the House. With respect to foreign connexions, it was observed, these are of a commercial nature, and, therefore, communications re

Tuesday, December 31. lative thereto ought to be made as public as possible, for the people at large are generally and immediate- A petition of the Chief Clerks in several of the ly concerned. Against the

motion, it was said, no Executive Departments of the Government of the inconvenience had resulted from the operation of United States, was presented to the House and read, the rule ; that, until the House experienced such stating the insufficiency of the salaries allowed inconvenience, to repeal a rule on the spur of a them by law, and praying that the same may be particular occasion, which, in the nature of things, increased, and rendered more adequate to their is evidently founded on propriety, betrays a versa- services. Laid on the table. tility in the public councils that may be productive

A message from the Senate informed the House of pernicious consequences. The utility of the that the Senate have passed the bill, entitled " An rule was expatiated on, in a reference to various act making an alteration in the Flag of the United objects of a secret and confidential nature. It was States;" to which they desire the concurrence of

the House. observed, that so far as respects the United States, independent of all connexion with other countries,

The said bill was read twice and committed. the rule was nugatory ; but when it is considered The following Message was received from the that the United States are one of the nations of PRESIDENT OF THE UNITED STATES : the earth, and have very important interests to Gentlemen of the House of Representatives : consult in relation to their connexion with foreign countries, it follows, of course, that very import- State, of such laws, decrees, and ordinances, or their

I now transmit you a Report, by the Secretary of ant secrets may exist, and the Government may be deprived of the most essential information from substance, respecting commerce in the countries with

which the United States have commercial intercourse, their foreign agents, should all security be re

as he has received, and had not stated in his Report of moved for the safe-keeping of confidential commu- the 16th instant.

G, WASHINGTON. nications. It was observed, that the connexion of

UNITED STATES, December 30, 1793. this country with foreign nations, involved other considerations than those of a commercial nature.

The said Message and Report were read, and The motion, after some further remarks, was ordered to lie on the table. varied so as to amount to an amendment only of The House again resolved itself into a Comthe rule. The purport of this amendment is, that mittee of the Whole House, on the confidential the rule should leave the House at liberty to dis- communications from the President, respecting cuss confidential communications publicly, if they the measures which have been pursued for obtainsee proper, after they have been privately read. ing a recognition of the Treaty between the UnitThe amendment was agreed to, in the following ed States and Morocco, and for the ransom of words:

prisoners, and establishment of peace with the

Algerines; and, after some time spent therein, the “ Resolved, That it be a standing order of this House, Committee rose, and had leave to sit again. that, whenever confidential communications are received from the President of the United States, the House shall PRESIDENT OF THE UNITED STATES:

The following Message was received froni the be cleared of all persons except the members and the Clerk, and so continue during the reading of such com- Gentlemen of the Senate,

and munications, and (unless otherwise directed by the

of the House of Representatives : House) during all debates and proceedings to be had I lay before you, for your consideration, a Letter from thereon; and that when the Speaker, or any other mem- the Secretary of State, informing me of certain impediber, shall inform the House that he has communications ments which have arisen to the coinage of the precious to make which he conceives ought to be kept secret, the metals at the Mint. House shall, in like manner, be cleared, till the communi. As also, a Letter from the same officer, relative to cation be made ; the House shall then determine whether certain advances of money, which have been made on

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JANUARY, 1794.]

Proceedings.

[H. OF R'

public account. Should you think proper to sanction duced their credentials, and took their seats in the what has been done, or be of opinion that anything House. more shall be done in the same way, you will judge The House proceeded to consider the resoluwhether there are not circumstances which would ren- tions reported yesterday from the Committee of der secrecy expedient. G. WASHINGTON.

the Whole House on the confidential communicaUNITED STATES, December 30, 1793.

tions from the PRESIDENT, respecting the meaThe said Message and Letters being read, sures which have been pursued for obtaining a re

Ordered, That so much thereof as relates to the cognition of the Treaty between the United States impediments which have arisen to the coinage of and Morocco, and for the ransom of prisoners, and the precious metals at the Mint, be referred to Mr. establishment of peace with the Algerines. WhereWilliam SMITH, Mr. Ames, and Mr. Niles; that upon, the first and second of the said resolutions they do examine the matter thereof, and report the being severally twice read, were, on the question same, with their opinion thereupon, to the House. put

thereupon, agreed to by the House, as follow: Ordered, That such other parts of the said Mes- Resolved, That a sum not exceeding

dolsage and Letters, as relate to certain advances of lars, be appropriated, in addition to the provision money, which have been made on public account, heretofore made, to defray any expense which be committed to a Committee of the Whole may be incurred in relation to the intercourse beHouse on the state of the Union.

tween the United States and foreign nations.

Resolved, That a naval force, adequate to the WEDNESDAY, January 1, 1794.

protection of the commerce of the United States UriaForrest and Thomas Sprigg, from Ma- against the Algerine corsairs, ought to be pro

vided. ryland, appeared, produced their credentials, and took their seats in the House.

The third resolution being read in the words Ordered, That the Message received yesterday

following: from the PRESIDENT OF THE UNITED STATES, ac

Resolved, That a committee be appointed to recompanying a Report from the Secretary of State, port to this House the naval force necessary for of the substance of such laws, decrees, and ordi- the purposes aforesaid, together with an estimate Dances, respecting commerce in the countries with of the expensem which the United States have commercial inter- A motion was made and seconded to amend the course, as he has received since his Report of the same, by adding to the end thereof, the words 16th instant, be committed to the Committee of the "and the ways and means for defraying the same:" Whole House, to whom are committed the confi- And the question being put thereupon, it was dential communications from the President, re- resolved in the affirmative-yeas 46, nays 44, as specting the measures which have been pursued follows: for obtaining a recognition of the Treaty between

YEAS.-Theodorus Bailey, Abraham Baldwin, John the United States and Morocco, and for the ran- Beatty, Thomas Blount, Thomas P. Carnes, Gabriel som of prisoners, and establishment of peace with Christie, Abraham Clark, Isaac Coles, William J. Dawthe Algerines.

son, Henry Dearborn, George Dent, William Findley, A memorial of William Patterson, Samuel Ster- William B. Giles, Christopher Greenup, Andrew Gregg, rit, and Gustavus Scott, the committee appointed William B. Grove, Carter B. Harrison, John Heath, by the Legislature of Maryland to draw for, and Daniel Heister, William Irvine, Richard Bland Lee, distribute the moneys granted by that State for Matthew Locke, Nathaniel Macon, James Madison, Jothe relief of the French

emigrants from the island seph McDowell, Alexander Mebane, William Montgoof St. Domingo, was presented to the House and mery, Andrew Moore, Joseph Neville, Anthony New, read, stating that their funds are pearly exhausted, John Nicholas, Alexander D. Orr, Josiah Parker, Anand praying the relief and aid of Congress in the drew Pickens, Francis Preston, Robert Rutherford, John premises.

8. Sherburne, John Smilie, Israel Smith, Thomas TredOrdered, That the said memorial be referred well, Philip Van Cortlandt, Abraham Venable, Francis to Mr. Samuel Smith, Mr. RUTHERFORD, and Mr. Walker

, Benjamin Williams, Paine Wingate, and

Richard Winn. Smilie; that they do examine the matter thereof, and report the same, with their opinion thereupon, dinot, Shearjashub Bourne, Benjamin Bourne, Lam

Nars.-Fisher Ames, James Armstrong, Elias Bouto the House.

The House again resolved itself into a Commit- bert Cadwalader, David Cobb, Peleg Coffin, Joshua tee of the Whole House on the confidential com- simons, Uriah Forrest, Dwight Foster, Ezekiel Gilbert,

Coit, Jonathan Dayton, Samuel Dexter, Thomas Fitzmunications from the President, respecting the Nicholas Gilman, Henry Glenn, Benjamin Goodhue, measures which have

been pursued for obtaining Samuel Griffin, Thomas Hartley, James Hillhouse, Saa recognition of the Treaty between the United muel Holten, John Wilkes Kittera, Amasa Learned, States and Morocco, and for the ransom of prison-William Lyman, Francis Malbone, Peter Muhlenberg, ers, and the establishment of peace with the Al-William Vans Murray, Nathaniel Niles, Thomas Scott, gerines; and, after some time spent therein, the Jeremiah Smith, William Smith, Thomas Sprigg, ZeCommittee rose, and had leave to sit again. phaniah Swift, Silas Talbot, George Thatcher, Uriah

Tracy, Jonathan Trumbull, John Ě. Van Allen, Pete THURSDAY, January

Van Gaasbeck, Peleg Wadsworth, Jeremiah Wads

worth, Artemas Ward, and John Watts. Isaac Coles, from Virginia, and William BARRY GROVE, from North Carolina, appeared, pro- And then the main question being put, that the

H. OF R.)

Commerce of the United States

[JANUARY, 1794.

per

per ton.

House do agree to the said resolution, amended to rial of chief value, an additional duty of per centum read as follows:

ad valorem ; on all articles of which cotton is the maResolved, That a committee be appointed to report terial of chief value, an additional duty of to this House the naval force necessary for the pur- centum ad valorem ; on all cloths of which wool is the poses aforesaid, together with an estimate of the ex- material of chief value, where the estimated value on pense, and the ways and means for defraying the same:" which the duty is payable, is above, an additional

duty of

per centum ad valorem ; where such value It was resolved in the affirmative.

is below Ordered, That Mr. Fitzsimons, Mr. GoodHUE, ad valorem ; on all cloths of which hemp or flax is the

-, an additional duty of per centum Mr. JEREMIAH WADSWORTH, Mr. FORREST, Mr. material of chief value, and of which the estimated value Malbone, Mr. Boudinot, Mr. Parker, Mr. Ma- on which the duty is payable, is below, an addicon, and Mr. WINN, be appointed a committee tional duty of per centum ad valorem ; on all pursuant to the last resolution.

manufactures of which silk is the material of chief value,
an additional duty of per centum ad valorem.
“ 2. Resolved, as the

opinion of this committee, That Friday, January 3.

an additional duty of per ton, ought to be laid on COMMERCE OF THE UNITED STATES. the vessels belonging to the nations having no commer

The House resolved itself into a Committee of cial treaty with the United States. the Whole House on the Report of the Secretary the duty on vessels belonging to the nations having

“3. Resolved, as the opinion of this committee, That of State on the privileges and restrictions on the commercial treaties with the United States, ought to be commerce of the United States in foreign countries.

reduced to Mr. Madison, after some general observations

“4. Resolved, as the opinion of this committee, That on the Report, entered into a more particular con- where any nation may refuse to consider as vessels of sideration of the subject. He remarked, that the the United States, any vessels not built within the commerce of the United States is not, at this day, United States, the foreign built vessels of such nation on that respectable footing to which, from its na- ought to be subjected to a like refusal, unless built ture and importance, it is entitled. He recurred within the United States. to its situation previous to the adoption of the “5. Resolved, as the opinion of this committee, That, Constitution, when conflicting systems prevailed where any nation may refuse to admit the produce or in the different States. The then existing state of manufactures of the United States, unless in vessels be things gave rise to that Convention of Delegates longing to the United States, or to admit them in vesfrom the different parts of the Union, who met to sels of the United States, if last imported from any place deliberate on some general principles for the regu- not within the United States, a like restriction ought, lation of commerce, which might be conducive, in after the day of

to be extended to the protheir operation, to the general welfare, and that duce and manufactures of such nation, and that, in the such measures should be adopted as would concili- mean time, a duty of per ton extraordinary ought ate the friendship and good faith of those countries to be imposed on vessels so importing any such produce who were disposed to enter into the nearest com

or manufacture. mercial connexions with us. But what has been where any nation may refuse to the vessels of the Unit

“6. Resolved, as the opinion of this committee, That, the result of the system which has been pursued ed States a carriage of the produce or manufactures ever since? What is the present situation of our thereof, whilst such produce or manufactures are adcommerce? From the situation in which we find mitted by it in its own vessels, it would be just to make ourselves after four years' experiment, he ob- the restriction reciprocal ; but, inasmuch as such a measerved, that it appeared incumbent on the United sure, if suddenly adopted, might be particularly disStates to see whether they could not now take tressing in cases which merit the benevolent attention measures promotive of those objects for which the of the United States, it is expedient, for the present, Government was in a great degree instituted. that a tonnage extraordinary only of be imposed Measures of moderation, firmness, and decision, he on the vessels so employed; and that all distilled spiwas persuaded, were now necessary to be adopted, rits imported therein shall be subject to an additional in order to narrow the sphere of our commerce duty of one part of the existing duty. with those nations who see proper not to meet us

7. Resolved, as the opinion of this committee, That on terms of reciprocity.

provision ought to be made for liquidating and ascerMr. M. then read the following resolutions :

taining the losses sustained by citizens of the United Resolved, as the opinion of this committee, that the States, from the operation of particular regulations of interest of the United States would be promoted by such losses be reimbursed, in the first instance, out of

any country contravening the Law of Nations, and that further restrictions and higher duties, in certain cases, the additional duties on the manufactures, productions, on the manufactures and navigation of foreign nations and vessels of the nation establishing such unlawful employed in the commerce of the United States, than those now imposed.

regulations.” 4 1. Resolved, as the opinion of this committee. That ble effects which the adoption of something like

Mr. M. took a general view of the probaan additional duty ought to be laid on the following ar. ticlos, manufactured by European nations having no

the resolutions he had proposed, would produce. commercial treaty with the United States : On all arti- They would produce, respecting many articles imcles of which leather is the material of chief value, an ported, a competition which would enable counadditional duty of per centum ad valorem ; on tries who do not now supply us with those articles, all manufactured iron, steel, tin, pewter, copper, brass, to do it, and would increase the encouragement on or articles of which either of these metals is the mate- such as we can produce within ourselves. We

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