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PROCEEDINGS

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE THIRD CONGRESS, BEGUN AT THE CITY OF

PHILADELPHIA, DECEMBER 2, 1793.

NOTE TO THE READER. To account for the absence of any Report of Debates in the Senate in the Third Congress, it is proper here to repeat that the Senate sat with closed doors during its Legislative as well as its Executive sittings, from the beginning of the First Congress up to the 20th day of February, 1794, when a proposition succeeded, which had frequently before failed, in that body, that the Legislative sittings of the Senate should thenceforth, after the end of that session of Congress, be conducted with open doors and galleries.

Monday, December 2, 1793.

the United States; which was read, and ordered This being the day fixed by the Constitution to lie on the table. for the annual meeting of Congress, the following

The Vice PRESIDENT also communicated a letmembers of the Senate appeared, produced their ter from GEORGE READ, of Delaware, resigning credentials, and took their seats:

his seat in the Senate ; which was read, and orJohn Adams, Vice President of the United dered to lie on the table. States and President of the Senate;

Ordered, That the Secretary acquaint the House John Langdon and Samuel LIVERMORE, from of Representatives that a quorum of the Senate New Hampshire;

is assembled, and ready to proceed to business. GEORGE Cabot, from Massachusetts ;

Ordered, That Messrs. Izard and Langdon be OLIVER ELLSWORTH, from Connecticut;

a joint committee on the part of the Senate, toMoses ROBINSON, from Vermont;

gether with such committee as the House of ReAARON BURR, from New York;

presentatives may appoint, on their part, to wait John RUTHERFURD, from New Jersey ;

on the PRESIDENT OF THE UNITED STATEs, and ROBERT MORRIS and ALBERT GALLATIN, from notify him that a quorum of the two Houses is Pennsylvania;

assembled, and ready to receive any communicaJames MONROE, from Virginia;

tions that he may be pleased to make to them. JOHN EDWARDS, from Kentucky;

A message from the House of Representatives BENJAMIN Hawkins, from North Carolina;

informed the Senate that the House had elected Ralph Izard, from South Carolina.

FREDERICK A. MUHLENBERG their Speaker, and Mr. Langdon, the President of the Senate pro that they have concurred with the Senate in aptempore, administered the oath required by law to pointing a joint committee to wait on the Presithe Vice PRESIDENT OF THE UNITED STATES.

DENT OF THE UNITED STATES. The Secretary read the credentials of the fol

Mr. IZARD, from the joint committee who had lowing Senators appointed for the terms respect- waited on the PRESIDENT, reported that the PREively mentioned therein:

SIDENT would meet the two Houses to-morrow, PIERCE BUTLER, from South Carolina;

at 12 o'clock, in the Senate Chamber. ALEXANDER MARTIN, from North Carolina ; JOAN VINING, from Delaware.

Tuesday, December 3. The Vice PRESIDENT administered the oath required by law to Mr. BUTLER, Mr. GallaTIN,

The two Houses being assembled in the Senate and Mr. Martin, respectively, and they took their Chamber, the PRESIDENT OF THE UNITED States seats.

entered, and addressed the two Houses of ConSTEPHEN Mıx MITCHELL, appointed by the State gress as follows: of Connecticut a Senator for two years, in the Fellow-citizens of the Senate, and place of ROGER SHERMAN, deceased, produced his of the House of Representatives : credentials

, which being read, the VICE PRESIDENT Since the commencement of the term for which I administered to him the oath' required by law, and have been again called into office, no fit occasion has he took his seat.

arisen for expressing to my fellow-citizens at large the The VICE PRESIDENT laid before the Senate the deep and respectful sense which I feel of the renewed petition of Conrad Laub and others, relative to testimony of public approbation. While, on the one ihe appointment of Mr. Gallatin, a Senator of hand, it awakened my gratitude for all those instances 3d Con.-2

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SENATE.]

Proceedings.

[DECEMBER, 1793.

of affectionate partiality with which I have been honor. I cannot recommend to your notice measures for the ed by my country, on the other, it could not prevent an fulfilment pf our duties to the rest of the world, without earnest wish for that retirement from which no private again pressing upon you the necessity of placing our. consideration should ever have torn me. But, influ- selves in a condition of complete defence, and of exact. enced by the belief that my conduct would be estimated ing from them the fulfilment of their duties towards us. according to its real motives, and that the people, and The United States ought not to indulge a persuasion the authorities derived from them, would support exer- that, contrary to the order of human events, they will tions having nothing personal for their object, I have forever keep at a distance those painful appeals to arms obeyed the suffrage which commanded me to resume with which the history of every other nation abounds. the Executive power, and I humbly implore that Being There is a rank due to the United States among naon whose will the fate of nations depends, to crown tions, which will be withheld, if not absolutely lost, by with success our mutual endeavors for the general hap the reputation of weakness. If we desire to avoid inpiness.

sult, we must be able to repel it; if we desire to secure As soon as the war in Europe had embraced those peace, one of the most powerful instruments of our ris. Powers with whom the United States have the most ing prosperity, it must be known that we are at all extensive relations, there was reason to apprehend that times ready for war. The documents which will be preour intercourse with them might be interrupted, and sented to you will show the amount and kinds of arms our disposition for peace drawn into question by the and military stores now in our magazines and arsenals ; suspicions too often entertained by belligerent nations. and yet an addition even to these supplies cannot with It seemed, therefore, to be my duty to admonish our prudence be neglected, as it would leave nothing to the citizens of the consequences of a contraband trade, and uncertainty of procuring of warlike apparatus in the of hostile acts to any of the parties, and to obtain, by a moment of public danger. declaration of the existing legal state of things, an easier Nor can such arrangements, with such objects, be admission of our right to the immunities belonging to exposed to the censure or jealousy of the warmest friends our situation. Under these impressions, the Proclama- of Republican Government. They are incapable of tion which will be laid before you was issued. abuse in the hands of the Militia, who ought to possess

In this posture of affairs, both new and delicate, I a pride in being the depository of the force of the Reresolved to adopt general rules, which should conform public, and may be trained to a degree of energy equal to the treaties and assert the privileges of the United to every military exigency of the United States. But States. These were reduced into a system, which will it is an inquiry which cannot be too solemnly pursued, be communicated to you. Although I have not thought whether the act " more effectually to provide for the namyself at liberty to forbid the sale of the prizes permit- tional defence, by establishing an uniform Militia ted by our treaty of commerce with France to be brought throughout the United States," has organized them so as into our ports, I have not refused to cause them to be to produce their full effect; whether your own experience restored when they were taken within the protection of in the several States has not detected some imperfecour territory, or by vessels commissioned or equipped tions in the scheme; and whether a material feature, in in a warlike form within the limits of the United States. an improvement of it, ought not to be to afford an op

It rests with the wisdom of Congress to correct, im- portunity for the study of those branches of the military prove, or enforce this plan of procedure; and it will art which can scarcely ever be attained by practice probably be found expedient to extend the legal code alone ? and the jurisdiction of the Courts of the United States The connexion of the United States with Europe has to many cases which, though dependent on principles become extremely interesting. The occurrences which already recognised, demand some further provisions. relate to it and have passed under the knowledge of the

Where individuals shall, within the United States, Executive, will be exhibited to Congress in a subsequent array themselves in hostility against any of the Powers communication. at war,' or enter upon military expeditions or enter. When we contemplate the war on our frontiers, it prises within the jurisdiction of the United States; or may be truly affirmed that every reasonable effort has usurp and exercise Judicial authority within the United been made to adjust the causes of dissension with the States ; or where the penalties on violations of the law Indians north of the Ohio. The instructions given to of nations may have been indistinctly marked, or are the Commissioners evince a moderation and equity proinadequate these offences cannot receive too early and ceeding from a sincere love of peace and a liberality close an attention, and require prompt and decisive re- having no restriction but the essential interests and digmedies.

nity of the United States. The attempt, however, of an Whatsoever those remedies may be, they will be well amicable negotiation having been frustrated, the troops administered by the Judiciary, who possess a long-es- have marched to act offensively. Although the protablished course of investigation, effectual process, and posed treaty did not arrest the progress of military preofficers in the habit of executing it.

paration, it is doubtful how far the advance of the sea. In like manner, as several of the Courts have doubt- son, before good faith justified active movements, may ed, under particular circumstances, their power to liber- retard them, during the remainder of the year. From ate the vessels of a nation at peace, and even of a citi- the papers and intelligence which relate to this importzen of the United States, although seized under a false ant subject, you will determine whether the deficiency color of being hostile property, and have denied their in the number of troops granted by law shall be compower to liberate certain captures within the protection pensated by succors of Militia, or additional encourageof our territory, it would seem proper to regulate their ments shall be proposed to recruits. jurisdiction in these points; but, if the Executive is to An anxiety has been also demonstrated by the Exbe the resort in either of the two last-mentioned cases, ecutive for peace with the Creeks and the Cherokees. it is hoped that he will be authorized by law to have The former have been relieved with corn and with clothfacts ascertained by the Courts, when, for his own in- ing, and offensive measures against them prohibited durformation, he shall request it.

ing the recess of Congress. To satisfy the complaints

DECEMBER, 1793.]

Proceedings.

[SENATE.

of the latter, prosecutions have been instituted for the Gentlemen of the Senate, and
violences committed upon them. But the papers which of the House of Representatives :
will be delivered to you, disclose the critical footing on

The several subjects to which I have now referred which we stand in regard to both those tribes, and it is open a wide range to your deliberations, and involve with Congress to pronounce what shall be done. some of the choicest interests of our common country.

After they shall have provided for the present emer- Permit me to bring to your remembrance the magnigency, it will merit their most serious labors to render tude of your task. Without an unprejudiced coolness, tranquility with the savages permanent, by creating ties the welfare of the Government may be hazarded ; with. of interest. Next to a rigorous execution of justice on out harmony, as far as consists with freedom of sentithe violators of peace, the establishment of commerce ment, its dignity may be lost. But, as the Legislative with the Indian nations, in behalf of the United States, proceedings of the United States will never, I trust, be is most likely to conciliate their attachment. But it reproached for the want of temper or of candor, so shall ought to be conducted without fraud, without extortion, not the public happiness languish from the want of my with constant and plentiful supplies, with a ready mar- strenuous and warmest co-operation. ket for the commodities of the Indians, and a stated

G. WASHINGTON. price for what they give in payment and receive in ex- PHILADELPHIA, December 3, 1793. change. Individuals will not pursue such a traffic, unless they be allured by the hope of profit; but it will be The PRESIDENT having retired, the two Houses enough for the United States to be reimbursed only separated. Should this recommendation accord with the opinion of A message from the House of Representatives Congress, they will recollect that it cannot be accom- informed the Senate that they have resolved that plished by any means yet in the hands of the Execu- two Chaplains, of different denominations, be aptive.

pointed for the present session, one by each House, Gentlemen of the House of Representatives :

who shall interchange weekly ; to which they de

sire the concurrence of the Senate. The Commissioners charged with the settlement of The Senate concurred with the above proposiaccounts between the United States and individual tion, and appointed the Right Reverend Bishop States concluded their important functions within the White to be Chaplain on the part of the Senate. time limited by law, and the balances struck in their A Message was received from the PRESIDENT Report (which will be laid before Congress) have been OF THE UNITED STATES, communicating his Proplaced on the books of the Treasury.

clamation of the 22d of April, 1793, together with On the first day of June last, an instalment of one the Rules established by the President for the million of florins became payable on the Loans of the government of the Executive Officers, in cases of United States in Holland. This was adjusted by a pro- vessels equipping in the ports of the United States, longation of the period of reimbursement, in nature of a new Loan, at an interest of five per cent., for the term ordered to lie on the table.

The Proclamation and Rules were read, and of ten years, and the expenses of this operation were a commission of three per cent.

On motion, a committee of five was appointed The first instalment of the Loan of two millions of to report the draft of an Address to the PRESIDENT, dollars from the Bank of the United States has been in answer to his Speech to both Houses. paid, as was directed by law. For the second it is ne

Messrs. ELLSWORTH, BUTLER, IZARD, LANGDON, cessary that provision should be made.

and RUTHERFURD, were named. No pecuniary consideration is more urgent than the regular redemption and discharge of the Public Debt;

WEDNESDAY, December 4. on none can delay be more injurious, or an economy of time more valuable.

The Vice PRESIDENT laid before the Senate a The productiveness of the public revenues hitherto Letter from the Secretary of War, with sundry has continued to equal the anticipations which were papers therein referred to'; which Letter and paformed of it

, but it is not expected to prove commensu- pers were, in part, read, and the Senate then adrate with all the objects which have been suggested. journed. Some auxiliary provisions will, therefore, it is presumed, be requisite; and it is hoped that these may be made

THURSDAY, December 5. consistently with a due regard to the convenience of our citizens, who cannot but be sensible of the true wis

FREDERICK FRELINGHUYSEN, from New Jersey, dom of encountering a small present addition to their appeared, produced his credentials

, and, the usual contributions, to obviate a future accumulation of bur- oath being administered to him, took his seat. dens.

The reading of the papers yesterday received But here I cannot forbear to recommend a repeal of from the Secretary of War was resumed ; and, the tax on the transportation of public prints. There after progress, postponed. is no resource so firm for the Government of the United The following Message was received from the States as the affections of the people, guided by an en- President of the UNITED STATES : lightened policy; and to this primary good nothing can conduce more than a faithful representation of public Gentlemen of the Senate and proceedings, diffused without restraint, throughout the

of the House of Representatives : United States.

As the present situation of the several nations of EuAn estimate of the appropriations necessary for the rope, and especially of those with which the United current service of the ensuing year, and a statement of States have important relations, cannot but render the a purchase of arms and military stores, made during the state of things between them and us matter of interestrecess, will be presented to Congress.

ing inquiry to the Legislature, and may indeed give SENATE.]

Proceedings.

[DECEMBER, 1793.

rise to deliberations to which they alone are competent, and I may expect to learn the result of his special inI have thought it my duty to communicate to them cer- structions in time to make it known to the Legislature tain correspondences which have taken place.

during their present session. The Representative and Executive bodies of France Very early after the arrival of a British Minister here have manifested generally a friendly attachment to this mutual explanations on the inexecution of the Treaty country, have given advantages to our commerce and of Peace were entered into with that Minister. These navigation, and have made overtures for placing these are now laid before you for your information. advantages on permanent ground. A decree, however, On the subjects of mutual interest between this coun. of the National Assembly, subjecting vessels laden with try and Spain, negotiations and conferences are now provisions to be carried into their ports, and making ene- depending. The public good requiring that the present my goods lawful prize in the vessel of a friend, contrary to state of these should be made known to the Legislature our Treaty, though revoked at one time as to the Unit- in confidence only, they shall be the subject of a sepaed States, has been since extended to their vessels also, rate and subsequent communication. as has been recently stated to us. Representations on

G. WASHINGTON. this subject will be immediately given in charge to our UNITED STATES, December 5, 1793. Minister there, and the result shall be communicated to the Legislature.

The Message and papers therein referred to It is with extreme concern I have to inform you that were, in part, read, and the further reading postthe proceedings of the person whom they have unfor- poned. tunately appointed their Minister Plenipotentiary here The following Report of the Commissioners have breathed nothing of the friendly spirit of the nation appointed to execute the several acts of Congress which sent him; their tendency, on the contrary, has to provide more effectually for the settlement of been to involve us in war abroad and discord and the Accounts between the United States and the anarchy at home. So far as his acts, or those of his individual States was also received from the PREagents, have threatened our immediate commitment in

SIDENT OF THE UNITED STATES: the war, or flagrant insult to the authority of the laws, their effect has been counteracted by the ordinary cogni- The Commissioners appointed to execute the several zance of the laws, and by an exertion of the powers con- acts of Congress to provide more effectually for the fided to me. Where their danger was not imminent,

settlement of the Accounts between the United States they have been borne with, from sentiments of regard

and the individual States, report: to his nation, from a sense of their friendship towards us, from a conviction that they would not suffer us to That they have maturely considered the claims of the remain long exposed to the action of a person who has several States against the United States, and the charges so little respected our mutual dispositions, and, I will of the United States against the individual States. add, from a reliance on the firmness of my fellow-citi- That they have gone through the process prescribed zens in their principles of peace and order. In the in the fifth section of the act of Congress passed the 5th mean time, I have respected and pursued the stipula- day of August, 1790, (the particulars whereof will be tions of our treaties, according to what I judged their found in book A, lodged with the papers of this office, true sense, and have withheld no act of friendship which in the Treasury Department,) and find that there is their affairs have called for from us, and which justice due, including interest, to the 31st day of December, to others left us free to perform. I have gone further : 1789, to the State of rather than employ force for the restitution of certain New Hampshire, seventy-five thousand and fifty-five vessels which I deemed the United States bound to re- dollars ; store, I thought it more advisable to satisfy the parties Massachusetts, one million two hundred and fortyby avowing it to be my opinion that, if restitution were eight thousand eight hundred and one dollars; not made, it would be incumbent on the United States Rhode Island, two hundred and ninety-nine thousand to make compensation. The papers now communicat- six hundred and eleven dollars ; ed will more particularly apprise you of these trans- Connecticut, six hundred and nineteen thousand one actions.

hundred and twenty-one dollars ; The vexations and spoliation understood to have been New Jersey, forty-nine thousand and thirty dollars; committed on our vessels and commerce by the cruisers South Carolina, one million two hundred and five and officers of some of the belligerent Powers, appeared thousand nine hundred and seventy-eight dollars ; to require attention. The proofs of these, however, not Georgia, nineteen thousand nine hundred and eightyhaving been brought forward, the descriptions of citi- eight dollars. zens supposed to have suffered were notified that, on And that there is due, including interest, to the 31st furnishing them to the Executive, due measures would day of December, 1789, from the State of be taken to obtain redress of the past, and more effect- New York, two million and seventy-four thousand ual provisions against the future. Should such docu- eight hundred and forty-six dollars ; ments be furnished, proper representations will be made Pennsylvania, seventy-six thousand seven hundred thereon, with a just reliance on a redress proportioned and nine dollars ; to the exigency of the case.

Delaware, six hundred and twelve thousand four hunThe British Government having undertaken, by or- dred and twenty-eight dollars ; ders to the commanders of their armed vessels, to re- Maryland, one hundred and fifty-one thousand six strain generally our commerce in corn and other pro- hundred and forty dollars ; visions to their own ports, and those of their friends, the Virginia, one hundred thousand eight hundred and instructions now communicated were immediately for- seventy-nine dollars ; warded to our Minister at that Court. In the mean North Carolina, five hundred and one thousand and time, some discussions on the subject took place be- eighty-two dollars. tween him and them. These are also laid before you, Which several sums, they, by virtue of the authority

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