On motion, it was agreed to strike out the word "Delaware" from the second section, also the following words in the same section, "and in Delaware on the third Monday in June." Also to add, at the end of the section, "And that the Circuit Court of the District of Delaware hereafter commence on the second Monday in June, instead of the 27th day of April; any law to the contrary notwithstanding." Also, to amend the 3d and 4th sections of the bill. Resolved, That this bill pass with amendments. The bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of Nicholas Reib," was read; and, by unanimous consent, the rule was dispensed with, and the bill was read a second and third time, and passed. The bill, sent from the House of Representatives for concurrence, entitled "An act to continue in force, for a limited time, the act entitled "An act to ascertain the fees in Admiralty proceedings in the District Courts of the United States, and for other purposes," was read. On the question, Shall this bill be read a second time? it passed in the negative. Ordered, That the Secretary acquaint the House of Representatives that the Senate do not concur in this bill. The bill, sent from the House of Representatives for concurrence, entitled "An act to continue in force for a limited time, "The act supplementary to the act for the establishment and support of light-houses, beacons, buoys, and public piers," was read; and, by unanimous consent, the rule was dispensed with, and it was agreed that the bill have at this time a second and third reading. Resolved, That this bill pass. The bill, sent from the House of Representatives for concurrence, entitled "An act supplementary to the act, entitled 'An act to promote the progress of Useful Arts," was read the third time. Resolved, That this bill pass with amendments. The bill, sent from the House of Representatives for concurrence, 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," was read the third time. Resolved, That this bill pass with amendments. Mr. KING, from the committee, to whom was referred the bill, entitled "An act providing for the payment of a certain sum of money due to the French Republic," reported that the bill do not pass. Ordered, That the report lie for consideration, and that in the mean time it be printed for the use of the Senate. The bill, sent from the House of Representatives for concurrence, entitled, "An act concerning Invalids," was read the second time; and it was agreed, by unanimous consent, to dispense with the rule, and that this bill be now read the third time. Resolved, That this bill pass. The resolution sent from the House of Representatives for concurrence, "directing the Secretary at War to make out and return to the Dis [JUNE, 1794. trict Judges certain lists in the cases of Invalid Pensioners," was read. Resolved, That this resolution pass with amend ments. A message from the House of Representatives informed the Senate, that the House have passed the bill, entitled "An act to authorize the settle ment of the claims of Griffith Jones, Samuel Prioleau, and John R. Livingston, against the United States," and a bill, entitled "An act declaring the consent of Congress to an act of the State of Maryland, passed the twenty-eighth of December, one thousand seven hundred and ninety-three, for the appointment of a health officer;" in which several bills they desire the concurrence of the Senate. The bill last mentioned was read, and the rule was, by unanimous consent, dispensed with, and the bill was read the second time, and referred to Messrs. POTTS, MORRIS, and GUNN, to consider and report thereon to the Senate. The bill, sent from the House of Representatives for concurrence, entitled "An act to authorize the settlement of the claims of Griffith Jones, Samuel Prioleau, and John R. Livingston, against the United States," was read. Resolved, That the further consideration of this bill be postponed until the next session of Congress. The petition of George Nixon and others, clerks. in the Auditor's office, praying an increase of compensation, was read, and referred to Messrs. ELLSWORTH, LIVERMORE, and MORRIS, to consider and report thereon to the Senate. The bill, sent from the House of Representatives for concurrence, entitled "An act laying duties on property sold at auction," was read the third time. Resolved, That this bill pass with amendments. SATURDAY, June 7. A message from the House of Representatives informed the Senate, that the House have passed a bill, entitled "An act making appropriations for certain purposes therein expressed;" in which they desire the concurrence of the Senate. Mr. POTTS, from the committee to whom was referred the bill, entitled "An act declaring the consent of Congress to an act of the State of Maryland, passed the twenty-eighth day of December, one thousand seven hundred and ninety-three, for the appointment of a health officer," reported amendments, which were read and adopted; and it was agreed, by unanimous consent, to dispense with the rule, and that this bill be now read the third time. Resolved, That this bill pass, with amendments. A message from the House of Representatives informed the Senate, that the House disagree to the amendments of the Senate to the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers." The Senate proceeded to consider the resolution of the House of Representatives on the amendments to the said bill, and Resolved, That they insist on their amendments to said bill, and that a conference be desired on the disagreeing votes of the two Houses, and that Messrs. KING, ELLSWORTH, and Porrs, be managers at the same on the part of the Senate. A message from the House of Representatives informed the Senate, that the House agree to the proposed conference, on the disagreeing votes of the two Houses, on the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers," and have appointed managers at the same on their part. The bill, sent from the House of Representatives for concurrence, entitled "An act making appropriations for certain purposes therein expressed," was read; and it was agreed to dispense with the rule, and that this bill be now read the second time. Ordered, That this bill be referred to Messrs. CABOT, Ross, and ELLSWORTH, to consider and report thereon to the Senate. [SENATE. sidered in paragraphs, it passed in the negativeyeas 7, nays 12, as follows: YEAS.-Messrs. Brown, Burr, Hawkins, Henry, Jackson, Martin, and Ross. NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, King, Livermore, Morris, Potts, Rutherfurd, and Vining. And so the bill was rejected. A message from the House of Representatives informed the Senate, that the House have passed a "resolve directing the respective Clerks of the District Courts of the United States to return copies of the tables of fees payable in the Supreme or Superior Court of the State in which he resides, to the Attorney General;" in which they desire the concurrence of the Senate. The resolve last brought from the House of Representatives for concurrence was read. Resolved, That the Senate concur therein. A message from the House of Representatives The report of the committee to whom was re-informed the Senate, that the House of Repreferred the bill, entitled "An act providing for the payment of a certain sum of money due to the French Republic," was read, as follows: "It appears, by a statement of the account between the United States and France, reported to the House of Representatives, that, according to the view which is entertained at the Treasury of that account, the United States, on the first day of January, 1794, were in advance to France the sum of two millions one hundred eleven thousand and eighty-six livres tournois and five deniers (being $383,162 11) beyond the instalments of principal and all interest which had accrued to that period. "It further appears, upon inquiry at the Treasury, that, since that period, there has been advanced on account of our Debt to France the further sum of seventy one thousand two hundred and forty-two dollars and eighty-one cents. "And it appears, likewise, from the papers referred to the committee, that the President has promised further payment upon the same account of 1,500,000 livres on the third of September next, and of 1,000,000 of livres on the 5th of November next, making together 453,750 dollars, which payments, it is understood, may be anticipated at the Bank of the United States, in the proportions and at the epochs which are desired by the Minister of the French Republic. "These sums embrace all the parts of principal which, by contract, would become payable to France during the year 1794; beyond which, were there no anticipa tions, nothing would be demandable during the present year but the interest on the balance of the entire Debt, which balance, on the first day of January, 1794, is computed at the Treasury at $2,611,587 88; whence it results that the payments which have been made, and engaged to be made, exceed those which by the terms of contract could be demanded. sentatives have passed a bill, entitled "An act making an extra allowance to certain clerks in the public offices, and to the widows and families of certain deceased clerks." They have appointed a committee to join such committee as shall be appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress. The Senate proceeded to the consideration of the resolution last mentioned; and, Resolved, That they do concur therein, and that Messrs. VINING and KING be the committee on the part of the Senate. The bill sent from the House of Representatives for concurrence, entitled "An act making an extra allowance to certain clerks in the public offices, and to the widows and families of certain deceased clerks," was read; and it was agreed, by unanimous consent, to dispense with the rule, and that the bill be now read the second time. Ross, BRADFORD, and MORRIS, to consider and Ordered, That this bill be referred to Messrs. report thereon to the Senate. Mr. Ross, from the committee last mentioned, reported that the consideration of this bill be postponed until the next session of Congress; and the report was adopted. Whereupon, Resolved, That this bill do not pass. Mr. ELLSWORTH, from the committee to whom was referred the petition of George Nixon and others, clerks in the Auditor's office, reported a bill, which was read, and the rule was dispensed with by unanimous consent, and the bill was read the second time. On motion to amend the bill, it passed in the "This being the case, and the Loan in question hav-negative, and the bill being read by paragraphs, it ing been in its origin specifically appropriated to the was ordered to a third reading. purpose of the Sinking Fund; "It is the opinion of the committee, that it is not advisable to divert it from its destination, as is proposed by the bill referred to them; and consequently, that the bill should not pass." On motion, it was agreed to adopt the report of the committee. On motion, that the bill last reported on be con A message from the House of Representatives informed the Senate, that the House of Representatives agree to some amendments, agree to some amendments with amendments, and disagree to other amendments, of the Senate on the bill, entitled "An act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place of holding certain Courts.” The Senate proceeded to consider the resolution of the House of Representatives on the bill last mentioned; and, Resolved, That they agree to the amendments of the House of Representatives to their amendments, and recede from their own amendments to the fourth section of the said bill.. [JUNE, 1794. "And be it further enacted, That all persons who shall be assembled or embodied in arms, upon any land belonging to Indians, out of the ordinary jurisdiction of any State, or of the said Territory South of the Ohio, for the purpose of warring against the Indians, or of committing depredations upon any Indian town, or persons or property, shall thereby become liable and subMr. VINING reported, from the joint committee,ject to the Rules and Articles of War which are, or shall be established for the government of the troops of the that they had waited on the PRESIDENT OF THE United States," UNITED STATES, and acquainted him with the intended recess of Congress on the 9th instant. For the purpose of substituting the following: Mr. KING, from the managers at the conference "And be it further enacted, That any militia officer on the disagreeing votes of the two Houses on the of the United States, or either of the States, conducting, bill, entitled "An act for the more effectual pro-authorizing, or attending, any expedition over the pretection of the Southwestern frontier settlers," reported that they could come to no agreement with the managers on the part of the House of Representatives. A message from the House of Representatives informed the Senate, that the House adhere to their disagreement to the amendments of the Senate to the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers.' Resolved, That the Senate adhere to their amendments to the bill last mentioned. So the bill was lost. sent boundary line between the respective States and any Indian tribe or nation, except in the pursuit of parties of Indians who may commit depredations on the persons or property of the citizens of the United States, for the purpose of attacking their Indian towns, or destroying their persons, or to commit other depredations on their rights, shall, in addition to the pains or penalties the law of the United States now subjects him to, be liable to a trial by a General Court-martial, to be ordered by the Executive of the State or Territory to which such officer shall belong, and whose duty it is is hereby declared to be, to order such Court-martial, and shall, if found guilty thereof, be cashiered, and be sion in the militia of the United States, or of either of forever thereafter disqualified from holding any commisthe States:" It passed in the negative-yeas 8, nays 11, as follows: YEAS. Messrs. Brown, Burr, Frelinghuysen, Gunn, Henry, Jackson, Martin, and Ross. NAYS. Messrs. Bradford, Cabot, Ellsworth, Foster, Hawkins, King, Livermore, Morris, Potts, Rutherfurd, and Vining. On motion that this bill be now read a third time by unanimous consent, it was not agreed to. The bill for the further compensation of clerks in the Auditor's office, was read the third time, and passed. The bill sent from the House of Representatives for concurrence, entitled "An act making appropriations for certain purposes therein expressed," was read the third time, and passed. On motion to rescind the resolution of both Houses, that Congress adjourn on this day, and to agree to adjourn on Wednesday next, it passed in the negative. "Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, unless it shall be the opinion of the President of the United States, that a regiment of the troops heretofore authorized to be raised, may, consistently with the good of the public service, be employed for the protection of the Southwestern frontier, he be, and hereby is, authorized to cause to be raised for three years, unless sooner discharged, within the States of Georgia, South Carolina, North Carolina, the Territory South of the Ohio, and the State of Virginia, an additional regiment of infantry, consisting of one thousand one hundred and forty non-commissioned officers, musicians, and privates, and solely to appoint the commissioned officers thereof, and to organize the same accord-informed the Senate, that the House, having finished A message from the House of Representatives ing to the present Military Establishment:" It passed in the affirmative-yeas 15, nays 4, as follows: YEAS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Hawkins, Henry, Jackson, King, Livermore, Morris, Potts, Rutherfurd, and Vining. NAYS. Messrs. Brown, Burr, Martin, and Ross. On motion by Mr. JACKSON, to postpone the last section of the bill, which is as follows: The PRESIDENT laid before the Senate a Letter from the Treasurer of the United States, with his specie account for the quarter ending the 31st of March last; which were read, and ordered to lie for consideration. the business of the session, are about to adjourn. Ordered, That the Secretary notify the House of Representatives, that the Senate likewise, having finished the business of the session, are about to adjourn; and, he having reported that he had delivered the message, the PRESIDENT of the Senate, conformably to the resolution of the 5th instant, adjourned the Senate to the day appointed by law for the next meeting of Congress. PROCEEDINGS AND DEBATES OF THE 1 HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE FIRST SESSION OF THE THIRD CONGRESS, BEGUN AND HELD AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793. From Maryland.-GEORGE DENT and SAMUEL SMITH. From Virginia.-WILLIAM B. GILES, CARTER B. HARRISON, JOHN HEATH, RICHARD BLAND LEE, JAMES MADISON, ANDREW MOORE, ANTHONY NEW, JOHN NICHOLAS, FRANCIS PRESTON, ROBERT RUTHERFord, Abraham VENABLE, and FRANCIS WALKER. whereupon, he was conducted to the Chair, and made his acknowledgments to the House. The House then proceeded, in the same manner, to the appointment of a Clerk, when JOHN BECKLEY was appointed. The usual oath was then administered to the members. Houses, announcing their formation and readiness Messages were interchanged between the two to proceed to business. Arms, Gifford Dally as Doorkeeper, and Thomas Joseph Wheaton was appointed Sergeant-atClaxton as Assistant Doorkeeper. Houses to wait on the PRESIDENT OF THE UNITED A joint committee was appointed by the two STATES, to inform him that a quorum of the two Houses is assembled, and ready to receive any communication that he may think proper to make to them. nominations, be appointed, one by each House, to Resolved, That two Chaplains, of different deinterchange weekly. tions be appointed; also a committee to report Resolved, That a standing Committee of Elecrules and orders of proceeding. TUESDAY, December 3. JOSEPH MCDOWELL and BENJAMIN WILLIAMS, from North Carolina, appeared and took their seats. readiness to receive the communication from the A message from the Senate announced their PRESIDENT OF THE UNITED STATES. The SPEAKER and members withdrew to the Senate Chamber, where the PRESIDENT attended and delivered his Speech to the two Houses, which will be found in the proceedings of the Senate, page 10. On the return of the members, the Speech was committed to a Committee of the Whole. with a copy of his Proclamation and of the Rules A Message was received from the PRESIDENT, From Kentucky.-CHRISTOPHER Greenup. From North Carolina.-THOMAS BLOUNT, WILLIAM JOHNSON DAWSON, MATTHEW LOCKE, NA-prescribed by him for the government of the Ex THANIEL MACON, and ALEXANDER MEBANE. From South Carolina.-WILLIAM SMITH. From Georgia.-ABRAHAM BALDWIN and THOMAS P. CARNES. A quorum of the members being present, the House proceeded to ballot for a Speaker, when it appeared that FREDERICK A. MUHLENBERG, one of the members from Pennsylvania, was elected; ecutive Officers in executing the Treaties between the United States and Foreign Powers, referred to in the PRESIDENT'S Speech. [For copies of these papers, see the Appendix.] The Senate informed the House that they had appointed the Right Reverend Bishop WHITE Chaplain. And the House proceeded to elect their Chap H. OF R.] Proceedings. [DECEMBER, 1793. lain. The Reverend ASHBEL GREEN was their present of $10,000, if the hostile tribes should agree choice. WEDNESDAY, December 4. PELEG COFFIN, Jr., from Massachusetts; WILLIAM MONTGOMERY, from Pennsylvania; and WILLIAM VANS MURRAY, from Maryland, appeared, produced their credentials, and took their seats in the House; the oath to support the Constitution of the United States being first administered to them by the SPEAKER, according to law. The House resolved itself into a Committee of the Whole House on the Speech of the PRESIDENT OF THE UNITED STATES to both Houses of Congress; and, after some time spent therein, the Chairman reported that the Committee had had the said Speech under consideration, and come to a resolution thereupon; which was twice read, and agreed to by the House, as follows: Resolved, That it is the opinion of this Committee that a respectful Address ought to be presented by the House of Representatives to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress, at the commencement of this session, containing assurances that this House will take into consideration the various and important matters recommended to their attention. Ordered, That Messrs. MADISON, SEDGWICK, WATTS, HARTLEY, and SAMUEL SMITH, be appointed a committee to prepare an Address pursuant to the said resolution. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said Speech. A petition of Henry Latimer, of the State of Delaware, was presented to the House and read, complaining of an undue election and return of JOHN PATTON, to serve as a member of this House for the said State. Ordered, That the said petition do lie on the table. to terms. They were instructed to prevent, if possible, a confederacy of the Indians; to secure and explain the nature of our right of pre-emption to their lands, and to admit no British agents to the treaty as mediators; they might, however, attend the treaty as spectators, as the United States, wishing to deal fairly with the Indian tribes, and secure an honorable peace, did not care who witnessed the transaction. Some objections were started to reading the Journal with open galleries until the nature of it was known. After a short conversation upon the propriety of reading it privately, a motion to adjourn was made and carried. THURSDAY, December 5. FISHER AMES and DWIGHT FOSTER, from Massachusetts; and NATHANIEL NILES, from Vermont, appeared, produced their credentials, and took their seats. The House resumed the reading of the papers communicated by the Secretary of War, yesterday, and went through the same. Ordered, That the said papers be committed to the Committee of the Whole House on the state of the Union. The following Message was received from the of the House of Representatives: As the present situation of the several Nations of Europe, and especially of those with which the United States have important relations, cannot but render the state of things, between them, and us, matter of inte resting inquiry to the Legislature, and may, indeed, give rise to deliberations to which they alone are competent, I have thought it my duty to communicate to them certain correspondences which have taken place. have manifested, generally, a friendly attachment to this The Representative and Executive bodies of France country; have given advantages to our commerce and TREATY WITH THE INDIANS. navigation, and have made overtures for placing these advantages on permanent ground; a decree, however, of A communication was received from the War the National Assembly, subjecting vessels laden with Department, consisting of a copy of the instruc-provisions to be carried into their ports, and making tions given to the Commissioners for treating with the Indians North of the Ohio; the Journal of those Commissioners, and a list of the officers in the service of the United States. Some objection was at first made to reading the two first communications, but was afterwards waived. enemy-goods lawful prize, in the vessel of a friend, contrary to our treaty, though revoked at one time, as to the United States, has been since extended to their vessels also, as has been recently stated to us. Representations on this subject will be immediately given in charge to our Minister there, and the result shall be communicated to the Legislature. It is with extreme concern I have to inform you, that The instructions were then read. They pre- the proceedings of the person whom they have unfortu mise, that it appears a great majority of the people of the United States are averse to the Indian nately appointed their Minister Plenipotentiary here, war, and wish for peace with the savages if it can tion which sent him; their tendency, on the contrary, have breathed nothing of the friendly spirit of the Nabe obtained on just and honorable terms. They has been to involve us in war abroad, and discord contemplate the treaty at Fort Harmar as valid, and anarchy at home. So far as his acts, or those and the sales made there, good. They propose of his agents, have threatened our immediate comoffering the hostile Indians, if they should come to mitment in the war, or flagrant insult to the authority terms of accommodation, the guarantee of the of the laws, their effect has been counteracted by the United States against any impositions of her citi-ordinary cognizance of the laws, and by an exertion of The Commissioners were empowered to the powers confided to me. Where their danger was promise $50,000 worth of goods, and an annual not imminent, they have been borne with, from senti zens. |