MAY, 1794.]

Proceedings.

[SENATE.

YEAS. Messrs. Jackson, Potts, Robinson, Ross, and Rutherfurd.

The bill allowing an additional compensation to the principal clerks in the Department of State, and the Treasury and War Departments, for the NAYS.-Messrs. Bradford, Brown, Cabot, Ellsworth, year 1794, was read the second time, and, by una-Foster, Frelinghuysen, Hawkins, Henry, Izard, King, nimous consent, the rule was dispensed with, and Livermore, Martin, and Morris. the bill was read the third time, and passed.

On motion to strike out the first section of the bill, to wit:

Mr. POTTS, from the committee appointed for the purpose, reported a bill to increase the mili"Be it enacted by the Senate and House of Repretary force of the United States, and to encourage sentatives of the United States of America, in Congress the recruiting service; which was read, and or-assembled, That interest upon the balances reported to dered to a second reading.

The Senate resumed the consideration of the amendment reported by the committee to whom was referred the bill, entitled "An act making provision for the payment of the interest on the balances due to certain States upon a final settlement of the accounts between the United States and the individual States."

On motion that the amendment be adopted, it passed in the negative-yeas 9, nays 11, as follows: YEAS.-Messrs. Brown, Gunn, Jackson, Monroe, Morris, Potts, Robinson, Ross, and Rutherfurd.

NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster,
Hawkins, Henry, Izard, King, Livermore, Martin, and
Vining.

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

of the House of Representatives:

The Commissioners of his Catholic Majesty having communicated to the Secretary of State the form of a certificate, without which the vessels of the United States cannot be admitted into the ports of Spain, I think it proper to lay it before Congress.

G. WASHINGTON.

UNITED STATES, May 26, 1794.

TUESDAY, May 27.

Mr. ELLSWORTH, from the committee to whom was referred the Message of the PRESIDENT OF THE UNITED STATES, of the 19th of February last, with a representation from the Justices of the Supreme Court, reported that the further consideration thereof be postponed to the next session of Congress; and the report was adopted.

The Message yesterday received from the PRESIDENT OF THE UNITED STATES, transmitting the form of a certificate, without which the vessels of the United States cannot be admitted into the ports of Spain, together with the form of the certificate therein referred to, were read, and ordered to lie for consideration.

The Senate resumed the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act making provision for the payment of the interest on the balances due to certain States upon a final settlement of the accounts between the United States and the individual States."

be due to certain States, by the Commissioners for settling accounts between the United States and individual States, be allowed from the last day of December, one thousand seven hundred and eighty-nine, and to be computed to the last day of December, one thousand seven hundred and ninety-four, at the rate of four per centum per annum; and that the amount of such interest be placed to the credit of the State to which the same shall be found due upon the books of the Treasury of the United States, and shall bear an interest of three per centum per annum, from and after the said last day of December, one thousand seven hundred and ninety-four :"

It passed in the negative-yeas 9, nays 11, as follows:

YEAS.-Messrs. Brown, Gunn, Hawkins, Jackson, Martin, Potts, Robinson, Ross, and Rutherfurd.

NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Henry, Izard, King, Livermore, Morris, and Vining.

Ordered, That this bill pass to the third reading. tives for concurrence, entitled "An act making The bill sent from the House of Representafurther provision for securing and collecting the duties on foreign and domestic distilled spirits, stills, wines, and teas," was read the second time, and referred to Messrs. GUNN, ELLSWORTH, POTTS, CABOT, and KING, to consider and report thereon to the Senate.

A message from the House of Representatives informed the Senate, that the House have passed a 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;" in which they desire the concurrence of the Senate.

The bill was read, and ordered to a second reading.

The VICE PRESIDENT laid before the Senate a memorial signed Thomas Leiper and Gavin Hamilton, "manufacturers of snuff in the city of Philadelphia, on behalf of themselves and their brethren throughout the Union," remonstrating against the imposition of an excise upon the said article ; which was read.

Ordered, That this memorial lie on the table. The bill to increase the military force of the United States, and to encourage the recruiting service, was read the second time, and considered. Ordered, That the further consideration thereof

On motion to recommit the bill, with instructions to the committee to report an amendment for carrying into effect an assumption of the Do-be postponed until to-morrow. mestic Debts of the creditor States, to the amount of the balances reported to be due to them, it passed in the negative-yeas 5, nays 13, as follows:

Mr. BROWN, from the committee to whom was referred the bill, entitled "An act to compensate Arthur St. Clair," reported amendments, which

were read, and in part agreed to; and the bill was amended accordingly.

Ordered, That this bill pass to the third reading.

WEDNESDAY, May 28.

[MAY, 1794.

“And be it further enacted, That, when the Legislature of any creditor State shall have passed an act de claring that the creditors of such State, or so many of them as may apply, shall be allowed a proportion of the debt due to such State, in lieu of their respective demands, then the Commissioner of Loans of such State The bill sent from the House of Representa-shall be authorized to receive such of the notes or certitives for concurrence, entitled "An act to compen-ficates of the said State as may be designated by an act sate Arthur St. Clair," was read the third time. of the Legislature thereof, and on the terms therein preOn motion, it was agreed to reconsider the amend-scribed, and to give certificates therefor in the manner ments made to this bill in the second reading.

directed in such act; and the said certificates shall be Resolved, That this bill pass without amendment. transferrable, and the interest which shall become due The bill sent from the House of Representa- shall be payable quarter yearly, in the same manner as tives for concurrence, entitled "An act to amend on the other certificates of the United States: Provided, the act, entitled 'An act to enable the officers and That the Commissioners of Loans shall not issue certisoldiers of the Virginia line on Continental Estab-ficates to a greater amount than the sums due to the lishment to obtain titles to certain lands lying Northwest of the river Ohio, between the Little Miami and Sciota," was read the second time, and referred to Messrs. JACKSON, RUTHERFURD, and BROWN, to consider and report thereon to the Senate.

The Senate resumed the second reading of the bill to increase the military force of the United States, and to encourage the recruiting service. On motion to expunge the first section of the bill, as follows:

"Be it enacted by the Senate and House of Repre sentatives of the United States of America, in Congress assembled, That the President of the United States shall be, and he is hereby, authorized, during the next recess of Congress, to raise and equip such additional military force as circumstances shall, in his judgment, render necessary, not exceeding ten thousand non-commissioned officers, musicians, and privates, to serve for three years, unless sooner discharged, together with a proper proportion of commissioned officers, of all the grades, respectively, according to the present Military Establishment of the United States:"

It passed in the negative-yeas 8, nays 12, as

follows:

YEAS.-Messrs. Brown, Foster, Hawkins, Jackson, Livermore, Martin, Robinson, and Ross.

NAYS.-Messrs. Bradford, Cabot, Ellsworth, linghuysen, Gunn, Henry, Izard, King, Morris, Potts, Rutherfurd, and Vining.

States in which they respectively act, nor for a greater amount of interest than shall be the proportion of such State, and that no interest shall be paid before the last day of March, one thousand seven hundred and ninety

five:"

It passed in the negative.

The bill seut from the House of Representatives for concurrence, entitled "An act laying certain duties upon snuff and refined sugar," was read the second time, and referred to Messrs. ELLSWORTH, CABOT, and IZARD, to consider and report thereon to the Senate.

THURSDAY, May 29.

referred the bill, entitled "An act making further
Mr. GUNN, from the committee to whom was
provision for securing and collecting the duties on
foreign and domestic distilled spirits, stills, wines,
and teas," reported amendments, which were adopt-
ed, and the bill was amended accordingly.

Ordered, That this bill pass to a third reading.
The VICE PRESIDENT laid before the Senate the

Report of the Secretary for the Department of War,
on four additional claims for compensation to in-
valid pensioners, which was read.

Ordered, That the report lie for consideration. Fre-informed the Senate, that the House have passed A message from the House of Representatives a bill, entitled "An act laying duties upon carriages for the conveyance of persons;" a bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers;" and a bill, entitled "An act providing for the payment of the second instalment, due on a Loan made of the Bank of the United States;" in which several bills they desire the concurrence of the Senate.

Ordered, That this bill be engrossed for a third reading.

The bill sent from the House of Representatives for concurrence, entitled "An act making provision for the payment of the interest on the balances due to certain States upon a final settlement of the accounts between the United States

and the individual States," was read the third time. On motion to postpone the further consideration thereof to the next session of Congress, it passed in the negative-yeas 8, nays 12, as follows: YEAS.-Messrs. Brown, Gunn, Hawkins, Jackson, Martin, Potts, Robinson, and Ross.

NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Henry, Izard, King, Livermore, Morris, Rutherfurd, and Vining.

On motion to strike out the first section of the bill, it passed in the negative.

On motion to adopt the following as an additional section to the bill, to wit:

The three last bills brought from the House of Representatives for concurrence were severally read, and ordered to a second reading.

The engrossed bill to increase the military force of the United States, and to encourage the recruiting service, was read the third time.

On motion to add the following, as an additional section to the bill:

"And be it further enacted, That, in case a war shall break out between the United States and any European Power, at any time within two years, all non-commis sioned officers, musicians, and privates, then in service under this act, or any act for raising troops heretofore passed, who shall be willing to re-enlist to serve in the

troops of the United States to the end of such war, shall be permitted so to re-enlist, and such re-enlistment shall thereafter entitle them to receive an addition to their pay, of one dollar and fifty cents per month:"

It passed in the negative.

On motion to restore the third section of the bill, stricken out in the second reading, to wit:

“And be it further enacted, That, from and after the first day of July next, there shall be allowed to each non-commissioned officer, musician, and private, who shall then or afterwards be in service, on the present Military Establishment, or under this act, the additional pay of one dollar per month:"

It passed in the negative-yeas 7, nays 13, as follows:

YEAS.-Messrs. Bradford, Cabot, Ellsworth, Henry, Izard, Potts, and Vining.

NAYS-Messrs. Brown, Foster, Frelinghuysen, Gunn, Hawkins, Jackson, King, Livermore, Martin, Morris, Robinson, Ross, and Rutherfurd.

[SENATE

as that the number of the militia to be called out. shall not exceed five thousand.

Ordered, That this bill be referred to Messrs. KING, JACKSON, RUTHERFORD, POTTS, and ELLSWORTH, to consider and report thereon to the Senate.

On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the bill sent from the House of Representatives for concurrence, entitled "An act to authorize the PRESIDENT OF THE UNITED STATES to lay, regulate, and revoke, embargoes," be now read the second time; and,

On motion, to agree to the first section of the bill, as follows:

"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 hereby is, authorized and empowered, whenever, in his opinion, the public safety shall so require, to lay an embargo on all ships and vessels in the ports of the United States, or upon the ships and vessels of the United States, or the ships and vessels of any foreign

On motion, that this bill pass, it passed in the affirmative yeas 12, nays 8, as follows: YEAS-Messrs. Bradford, Cabot, Ellsworth, Freling-nation, under such regulations as the circumstances of huysen, Gunn, Henry, Izard, King, Morris, Potts, Rutherfurd, and Vining. NAYS.-Messrs. Brown, Foster, Hawkins, Jackson, Livermore, Martin, Robinson, and Ross.

So it was Resolved, That this bill pass, and that the title thereof be, "An act to increase the military force of the United States, and to encourage the recruiting service."

FRIDAY, May 30.

to

the case may require, and to continue or revoke the same whenever he shall think proper. And the President is herby fully authorized to give all such orders to the officers of the United States, as may be necessary thority aforesaid shall not be exercised while the Concarry the same into full effect: Provided, The augress of the United States shall be in session. And any embargo which may be laid by the President as aforesaid shall cease and determine in fifteen days from the actual meeting of Congress next after laying the same:"

It passed in the affirmative-yeas 14, nays 5, as follows:

YEAS. Messrs. Bradford, Brown, Foster, Frelinghuysen, Hawkins, Henry, Jackson, Izard, King, Martin, Potts, Robinson, Rutherfurd, and Vining.

NAYS.-Messrs. Cabot, Ellsworth, Livermore, Morris, and Ross.

The bill sent from the House of Representatives for concurrence, entitled "An act making further provision for securing and collecting the duties on foreign and domestic distilled spirits, stills, wines, and teas," was read the third time, and further amended, by striking out the words from the end of the 12th section, "in case of sickness, abOrdered, That this bill pass to a third reading. sence, or for other sufficient causes," and inserting tives for concurrence, entitled “An act laying duThe bill sent from the House of Representain lieu thereof, these words: "in cases of occa-ties upon carriages for the conveyance of persons," sional and necessary absence, or of sickness, and not otherwise."

pass

Resolved, That this bill with amendments. A message from the House informed the Senate, that they have passed a bill, entitled "An act to authorize the PRESIDENT OF THE UNITED STATES to lay, regulate, and revoke embargoes," in which they desire the concurrence of the Senate.

The bill last brought from the House of Representatives for concurrence was read.

was read the second time.

Ordered, That this bill be referred to the comact laying certain duties upon snuff and refined mittee to whom is referred the bill, entitled "An Sugar, to consider and report thereon to the Senate.

SATURDAY, May 31.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a President pro tempore, as the Constitution provides, and RALPH IZARD was duly elected.

The bill sent from the House of Representatives for concurrence, entitled "An act providing for the payment of the second instalment due on a Loan made of the Bank of the United States," Mr. KING, from the committee to whom was was read the second time; and the rule being dis-referred the bill, entitled "An act for the more pensed with, the bill was read the third time, and passed.

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 second time.

On motion, it was agreed to amend the bill, so

effectual protection of the Southwestern frontier settlers," reported, that the bill do not pass; and, after debate, the further consideration of the report was postponed until Monday next.

A message from the House of Representatives informed the Senate, that the House have passed the following bills: a bill, entitled "An act laying

The bill last mentioned to have been brought The bill sent from the House of Representa- from the House of Representatives for concurtives for concurrence, entitled "An act to author-rence, was read, and ordered to a second reading. ize the PRESIDent of the UniTED STATES to lay, regulate, and revoke, embargoes," was read the third time and passed.

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;

[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, the House of Representatives to close the present sesauthorizing the President of the Senate and Speaker of sion, by adjourning their respective Houses on this day, ized to adjourn their respective Houses on Thursday, be repealed; and that, instead thereof, they be authorthe 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 reso

"That the Senate recede from their amendment to strike out the 16th section, and that both Houses agreelution. 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 dwelling,' 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 :

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

66

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.

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 effec- The report of the committee to whom was retual cultivation and preservation of peace with our In-ferred the bill, entitled “An act for the more effecdian neighbors. G. WASHINGTON. tual protection of the Southwestern frontiers," was UNITED STATES, June 2, 1794. considered. 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.

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 in addition to the act for the pun

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.

On motion, to insert the following in the first section of the bill, to wit: after "coffee per pound," "on salt per bushel, three cents," it passed in the negative.