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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.

jothe 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; John 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 ConSTEPAEN 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 SAERMAN, 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 of 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 ourconsideration should ever have torn me. But, influ- selves in a condition of complete defence, and of exactenced 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 risPowers 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 daty 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 opIt 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 seaIn 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

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