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PROCEEDINGS

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE FOURTH CONGRESS, HELD IN THE CITY OF
PHILADELPHIA, DECEMBER 7, 1795.

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THEODORE FOSTER, from Rhode Island; OLIVER ELLSWORTH and JONATHAN TRUMBull, from Connecticut;

MOSES ROBINSON, from Vermont;

RUFUS KING, from New York;

is assembled; that they have elected JONATHAN DAYTON their Speaker; and that they have concurred in the appointment of a joint committee to wait on the PRESIDENT OF THE UNITed States, and acquaint him that the two Houses of Congress are assembled, and are ready to receive any communications that he may be pleased to lay before them.

Mr. READ, from the joint committee appointed for that purpose, reported that they had waited on the PRESIDENT OF THE UNITED STATES, and had notified him that a quorum of the two Houses of

JAMES ROSS and WILLIAM BINGHAM, from Penn Congress were assembled ; and the PResident of sylvania;

HENRY LATIMER, from Delaware;

HENRY TAZEWELL and STEPHENS T. MASON, from Virginia;

ALEXANDER MARTIN and TIMOTHY BLOODWORTH, from North Carolina;

PIERCE BUTLER and Jacob READ, from South Carolina.

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

Ordered, That the Secretary wait on the PRESIDENT OF THE UNITED STATES, and acquaint him that a quorum of the Senate is assembled, and that, in the absence of the VICE PRESIDENT, they have elected HENRY TAZEWELL President pro tempore. Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business; and that, in the absence of the VICE PRESIDENT, they have elected HENRY TAZEWELL President pro tempore.

Ordered, That Messrs. READ and CABOT be a joint committee on the part of the Senate, together with such committee as the House of Representatives may appoint on their part, to wait on the PRESIDENT OF THE UNITED STATES, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them.

A message from the House of Representatives informed the Senate that a quorum of the House 4th CON.-2

THE UNITED STATES acquainted the committee that he would meet the two Houses in the Representatives Chamber at 12 o'clock to-morrow.

TUESDAY, December 8.

HUMPHREY MARSHALL, from the State of Kentucky, attended.

A message from the House of Representatives informed the Senate that the House are now ready to meet the Senate in the Chamber of that House, to receive such communications as the PRESIDENT of the United STATES shall be pleased to make to them.

Whereupon, the Senate repaired to the Chamber of the House of Representatives for the purpose above expressed.

The Senate then returned to their own Chamber, and a copy of the Speech of the PResident OF THE UNITED STATES to both Houses of Congress was read, as follows: Fellow-citizens of the Senate, and

of the House of Representatives:

I trust I do not deceive myself, while I indulge the persuasion that I have never met you at any period, when, more than at the present, the situation of our public affairs has afforded just cause for mutual congratulation, and for inviting you to join with me in profound gratitude to the Author of all Good for the numerous and extraordinary blessings we enjoy.

The termination of the long, expensive, and distressing war in which we have been engaged with certain Indians Northwest of the Ohio, is placed in the option of the United States, by a Treaty which the Commander

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of our Army has concluded, provisionally, with the hostile tribes in that region.

In the adjustment of the terms, the satisfaction of the Indians was deemed an object worthy no less of the policy than of the liberality of the United States, as the necessary basis of durable tranquility. The object, it is believed, has been fully attained. The articles agreed upon will immediately be laid before the Senate, for their consideration.

The Creek and Cherokee Indians, who alone, of the Southern tribes, had annoyed our frontiers, have lately confirmed their pre-existing Treaties with us, and were giving evidence of a sincere disposition to carry them into effect, by the surrender of the prisoners and property they had taken; but we have to lament that the fair prospect in this quarter has been once more clouded by wanton murders, which some citizens of Georgia are represented to have recently perpetrated on hunting parties of the Creeks, which have again subjected that frontier to disquietude and danger; which will be productive of further expense, and may occasion more effusion of blood. Measures are pursuing to prevent or mitigate the usual consequences of such outrages, and with the hope of their succeeding, at least, to avert general hostility.

A Letter from the Emperor of Morocco announces to me his recognition of our Treaty made with his father the late Emperor, and, consequently, the continuance of peace with that Power. With peculiar satisfaction I add, that information has been received from an agent deputed on our part to Algiers, importing that the terms of the Treaty with the Dey and Regency of that country had been adjusted in such a manner as to authorize the expectation of a speedy peace, and the restoration of our unfortunate fellow-citizens from a grievous captivity.

The latest advices from our Envoy at the Court of Madrid give, moreover, the pleasing information that he had received assurances of a speedy and satisfactory conclusion of his negotiation. While the event, depending upon unadjusted particulars, cannot be regarded as ascertained, it is agreeable to cherish the expectation of an issue which, securing, amicably, very essential interests of the United States, will, at the same time, lay the foundation of lasting harmony with a Power whose friendship we have uniformly and sincerely desired to cultivate.

[DECEMBER, 1795.

the happy result, how firm and how precious a foundation will have been laid for accelerating, maturing, and establishing, the prosperity of our country!

Contemplating the internal situation, as well as the external relations, of the United States, we discover While equal cause for contentment and satisfaction. many of the nations of Europe, with their American dependencies, have been involved in a contest unusually bloody, exhausting, and calamitous; in which the evils of foreign war have been aggravated by domestic convulsions and insurrection; in which many of the arts most useful to society have been exposed to discouragement and decay; in which scarcity of subsistence has embittered other sufferings; while even the anticipations of a return of the blessings of peace and repose are alloyed by the sense of heavy and accumulating burdens which press upon all the departments of industry, and threaten to clog the future springs of Government; our favored country, happy in a striking contrast, has enjoyed general tranquility-a tranquility the more satisfactory, because maintained at the expense of no duty. Faithful to ourselves, we have violated no obligation to others. Our agriculture, commerce, and manufactures, prosper beyond former example; the molestations of our trade (to prevent a continuance of which, however, very pointed remonstrances have been made) being overbalanced by the aggregate benefits which it derives from a neutral position. Our population advances with a celerity which, exceeding the most sanguine calculaand guarantees our future security. Every part of the tions,proportionally augments our strength and resources, Union displays indications of rapid and various improvement; and with burdens so light as scarcely to be perceived; with resources fully adequate to our present exigencies; with Governments founded on the genuine principles of rational liberty; and with mild and wholesome laws-is it too much to say, that our country exhibits a spectacle of national happiness never surpassed, if ever before equalled ?

Placed in a situation every way so auspicious, motives of commanding force impel us, with sincere acknowledgment to Heaven, and pure love to our country, to unite our efforts to preserve, prolong, and improve, this desirable work, is a fervent and favorite wish of my our immense advantages. To co-operate with you in

heart.

It is a valuable ingredient in the general estimate of our welfare, that the part of our country which was Though not before officially disclosed to the House lately the scene of disorder and insurrection, now enjoys of Representatives, you, gentlemen, are all apprised that the blessings of quiet and order. The misled have a Treaty of Amity, Commerce, and Navigation, has abandoned their errors, and pay the respect to our Conbeen negotiated with Great Britain; and that the Se-stitution and laws which is due from good citizens to nate have advised and consented to its ratification, upon a condition which excepts part of one article. Agreeably thereto, and to the best judgment I was able to form of the public interest, after full and mature deliberation, I have added my sanction. The result, on the part of His Britannic Majesty, is unknown. When received, the subject will, without delay, be placed before Con

gress.

This interesting summary of our affairs, with regard to the foreign Powers between whom and the United States controversies have subsisted, and with regard also to those of our Indian neighbors, with whom we have been in a state of enmity or misunderstanding, opens a wide field for consoling and gratifying reflections. If, by prudence and moderation on every side, the extinguishment of all the causes of external discord which have heretofore menaced our tranquility, on terms compatible with our national rights and honor, shall be

the public authorities of the society. These circumstances have induced me to pardon, generally, the offenders here referred to, and to extend forgiveness to those who had been adjudged to capital punishment. For, though I shall always think it a sacred duty to exercise with firmness and energy the Constitutional powers with which I am vested, yet it appears to me no less consistent with the public good than it is with my personal feelings, to mingle, in the operations of Government, every degree of moderation and tenderness which the national justice, dignity, and safety, may permit. Gentlemen:

Among the objects which will claim your attention in the course of the session, a review of our Military Establishment is not the least important. It is called for by the events which have changed, and may be expected still further to change, the relative situation of our fron

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of the House of Representatives:

tiers. In this review, you will doubtless allow due weight | Gentlemen of the Senate, and
to the considerations that the questions between us and
certain foreign Powers are not yet finally adjusted; that
the war in Europe is not yet terminated; and that our
Western posts, when recovered, will demand provision
for garrisoning and securing them. A statement of our
present military force will be laid before you by the
Department of War.

With the review of our Army Establishment is naturally connected that of the Militia. It will merit inquiry, what imperfections in the existing plan further experience may have unfolded. The subject is of so much moment, in my estimation, as to excite a constant solicitude that the consideration of it may be renewed until the greatest attainable perfection shall be accomplished. Time is wearing away some advantages for forwarding the object, while none better deserves the persevering attention of the public councils.

While we indulge the satisfaction which the actual condition of our Western borders so well authorizes, it is necessary that we should not lose sight of an important truth, which continually receives new confirmations, namely: that the provisions heretofore made with a view to the protection of the Indians from the violences of the lawless part of our frontier inhabitants are insufficient. It is demonstrated that these violences can now be perpetrated with impunity; and it can need no argument to prove, that, unless the murdering of Indians can be restrained by bringing the murderers to condign punishment, all the exertions of the Government to prevent destructive retaliations by the Indians will prove fruitless, and all our present agreeable prospects illusory. The frequent destruction of innocent women and children, who are chiefly the victims of retaliation, must continue to shock humanity, and an enormous expense to drain the Treasury of the Union.

To enforce upon the Indians the observance of justice, it is indispensable that there shall be competent means of rendering justice to them. If these means can be devised by the wisdom of Congress, and especially if there can be added an adequate provision for supplying the necessities of the Indians, on reasonable termsa measure, the mention of which I the more readily repeat, as in all the conferences with them they urge it with solicitude-I should not hesitate to entertain a strong hope of rendering our tranquility permanent. I add, with pleasure, that the probability even of their civilization is not diminished by the experiments which have been thus far made under the auspices of Government. The accomplishment of this work, if practicable, will reflect undecaying lustre on our national character, and administer the most grateful consolations that virtuous minds can know.

Gentlemen of the House of Representatives :

The state of our revenue, with the sums which have been borrowed and reimbursed pursuant to different acts of Congress, will be submitted from the proper Department, together with an estimate of the appropriations necessary to be made for the service of the ensuing

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[SENATE.

The statements which will be laid before you relative to the Mint will show the situation of that institution, and the necessity of some further Legislative provisions for carrying the business of it more completely into effect, and for checking abuses which appear to be arising in particular quarters.

The progress of providing materials for the frigates, and in building them; the state of the fortifications of our harbors; the measures which have been pursued for obtaining proper sites for arsenals, and for replenishing our magazines with military stores; and the steps which have been taken towards the execution of the law for opening a trade with the Indians-will likewise be presented for the information of Congress.

Temperate discussion of the important subjects which may arise in the course of the session, and mutual forbearance where there is a difference of opinion, are too obvious and necessary for the peace, happiness, and welfare, of our country, to need any recommendation of

mine.

G. WASHINGTON. UNITED STATES, December 8, 1795.

CABOT, be a Committee to report the draft of an Ordered, That Messrs. KING, ELLSWORTH, and Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech this day to both Houses of Congress.

WEDNESDAY, December 9.

The VICE PRESIDENT of the United States attended.

The following motion was made by Mr. MAR

TIN:

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Resolved, That, in conformity to a resolution of the Senate of the United States, passed the 20th day of February, 1794, the gallery of the Senate Chamber be restrictions therein mentioned, a suitable gallery having permitted to be opened every morning, subject to the the late recess of Congress, for that purpose." been erected and provided in the Senate Chamber, in

And, the motion being amended, it was

Resolved, That, in conformity to a resolution of the Senate of the United States, passed the 20th day of February, 1794, the gallery of the Senate Chamber be permitted to be opened every morning, subject to the restrictions in said resolution mentioned.

A message from the House of Representatives informed the Senate that the House have resolved that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly; in which they desire the concurrence of the Senate.

Whereupon, the Senate proceeded to consider the said resolution; and

Resolved. That they do concur therein, and that the right Reverend Bishop WHITE be the Chaplain on the part of the Senate.

Resolved, That each Senator be supplied during the present session with copies of three such newspapers, printed in any of the States, as he may choose, provided that the same are furnished at the rate of the usual annual charge for such papers.

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THURSDAY, December 10. JOHN BROWN, from the State of Kentucky, and FREDERICK FRELINGHUYSEN, from the State of New Jersey, severally attended.

Mr. KING, from the committee appointed for that purpose, reported the draft of an Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress, at the opening of the session, which was read, and ordered to lie for consideration until to-morrow.

FRIDAY, December 11.

ELIJAH PAINE, from the State of Vermont, attended.

ADDRESS TO THE PRESIDENT.

The Senate took into consideration the report made by the Committee, of an Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress, at the opening of the session, which is as follows:

SIR: It is with peculiar satisfaction that we are informed by your Speech to the two Houses of Congress, that the long and expensive war in which we have been engaged with the Indians Northwest of the Ohio is in a situation to be finally terminated; and, though we view with concern the danger of an interruption of the peace so recently confirmed with the Creeks, we indulge the hope, that the measures that you have adopted to prevent the same, if followed by those Legislative provisions that justice and humanity equally demand, will succeed in laying the foundation of a lasting peace with the Indian tribes on the Southern as well as on the Western frontiers.

[DECEMBER, 1795.

receive our careful attention, and, with a true zeal for

the public welfare, we shall cheerfully co-operate in every measure that shall appear to us best calculated to promote the same. JOHN ADAMS,

Vice President of the United States, and President of the Senate. The Address was taken up by paragraphs. The fourth and fifth paragraphs were moved to be struck out by Mr. MASON.

Mr. MASON observed, that he had hoped nothing contained in the Address reported as an answer to the PRESIDENT's Speech, would have been such as to force the Senate to precipitate decisions. The two clauses he objected to disappointed him in that hope. They were calculated to bring again into view the important subject which occupied the Senate during their June session. This he conceived could answer no good purpose; the minority on that occasion were not now to be expected to recede from the opinions they then held, and they could not therefore join in the indirect self-approbation which the majority appeared to wish for, and which was most certainly involved in the two clauses which he should hope would be struck out. If his motion were agreed to, the remainder of the Address would, in his opinion, stand unexceptionable. He did not see, for his part, that our situation was every way auspicious. Notwithstanding the Treaty, our trade is grievously molested.

Mr. KING observed, that the principal features observable in the answer reported to the PRESIDENT'S Address, were to keep up that harmony of intercourse which ought to subsist between the The confirmation of our Treaty with Morocco, and the Legislature and the PRESIDENT, and to express adjustment of a Treaty of Peace with Algiers, in conse-confidence in the undiminished firmness and love quence of which our captive fellow-citizens shall be delivered from slavery, are events that will prove no less interesting to the public humanity, than they will be important in extending and securing the navigation and

commerce of our country.

As a just and equitable conclusion of our depending negotiations with Spain will essentially advance the interest of both nations, and thereby cherish and confirm the good understanding and friendship which we have at all times desired to maintain, it will afford us real pleasure to receive an early confirmation of our expectations on this subject.

The interesting prospect of our affairs, with regard to the foreign Powers between whom and the United States controversies have subsisted, is not more satisfactory, than the review of our internal situation : if from the former we derive an expectation of the extinguishment of all the causes of external discord, that have heretofore endangered our tranquility, and on terms consistent with our national honor and safety, in the latter we discover those numerous and wide-spread tokens of prosperity which, in so peculiar a manner, distinguish our happy country.

Circumstances thus every way auspicious demand our gratitude, and sincere acknowledgments to Almighty God, and require that we should unite our efforts in imitation of your enlightened, firm, and persevering example, to establish and preserve the peace, freedom, and prosperity, of our country.

The objects which you have recommended to the notice of the Legislature will, in the course of the session,

of country which always characterize our chief Executive Magistrate. He objected to striking out especially the first clause, because founded on undeniable truth. It only declares that our prospects, as to our external relations, are not more satisfactory than a review of our internal situation would prove. Was not this representation true, he asked; could it be controverted? This clause, he contended, contained nothing reasonably objectionable; it did not say as much as the second, to which only most of the objections of the member up before him applied, an answer to which he should defer, expecting that a question would be put on each in order.

The clause he said appeared to him drawn up in such terms as could not offend the nicest feelings of the minority on the important decision in June; it was particularly circumspect and cautious. If liable to objection it was in not going as far as the truth would warrant.

Some conversation took place as to the mode required by order of putting the question; whether it should be put on each clause separately, or whether upon striking out both at once.

The Chair requested that the motion should be reduced to writing. Mr. MASON accordingly reduced it to writing, and it went to striking out both clauses at once.

Mr. MASON agreed most cordially that the situa

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