∞ Cſo CO oo. CO CD CO. +- Affifth 4 & 0 7 | Rºſſ V : N \ 1 &C –º- '• . * f £, | * | * -ºr _2 2. H L S T O R Y º 2 * > * C () N G R E S S; EXHIBITING A CLASSIFICATION OF THE PROCEEDINGS OF THE SENATE, AND T H E H 0 U S E 0 F RE PRESENT AT I W E S, FROM MARCH 4, 1789, TO MARCH 3, 1793; IEMBRACING THE FIRST TERM OF THE ADMINISTRATION OF GENERAL washingTON. PHILADELPHIA: L. E A & B L A N C H A R D. - 1843, - 3. º º ENTERED, according to the Act of Congress, in the year 1834, by CAREY, LEA & BLANCHARD, in the District Court for the Eastern District of Pennsylvania. tº It will be observed, that this volume is complete in itself, and is offered without reference to any continuation. - THE PUBLISHERS. Philadelphia, March, 1843. - - - - - Zºº gº - - - - - A - - /* &º - º sº Tº R. E. F. A. C. E. THE object of this work, is to present a classification of the legislative measures of the first term of General Washing- ton's administration. The multitudinous subjects which, in the Journals of the two houses, are scattered over the sur- face of thirteen hundred pages, requiring vast labour and a close scrutiny to discover and to disentangle them from the heterogeneous mass of which they form a part, are herein collected and arranged in system, so as to present at once the entire legislation on every topic of public interest and private concernment. - Connected with this order, an arrangement more general in its character presents the méasures before the first and second Congresses, under distinct classes, divided into, and designated, Chapters, for the purpose of a more easy refer- ence, and the more ready comprehension of the course of legis- lation. It will be perceived that the work embraces only such details as belong to the actual legislation of Congress. To have included the particulars of every individual appli- º cation to the two houses, would have been to swell the vo- Hume to a cumbrous and unwieldy magnitude, without giving to it a corresponding increase of value. Equally impracti- cable would have been any effort to compress within conve- nient limits the important public papers communicated by the executive to the legislative branch. Some of these are eminently interesting in themselves, and others appear ne- cessary to elucidate the causes and progress of legislation. Should the public decision as to the usefulness of the present º º ºººº VI PREFACE, volume be such as to justify a continuance of the work, the whole of the public documents connected with the parlia- mentary history of the two terms of General Washington’s administration, may be conveniently presented, condensed and arranged in a separate volume, after the completion of the legislative proceedings of that period. No claim to literary merit can be founded on a publication which is the sole result of reference and research. It was regarded by judicious individuals, conversant with the busi- ness of Congress, and well acquainted with the difficulty of tracing the course of legislation in cases to which it may fre- quently be necessary to advert, as the preferable mode, to exclude from this work every thing which might have the slightest tendency to cloud succinctness, or invest accuracy with doubt. Such would probably have been the effect of adventuring into any latitude of remark, beyond the pre- scription of necessity. Copiousness, to as great an extent as the limited plan of the work would admit, was deemed of es- sential importance, in order, as far as possible, to obviate the indispensableness of recurring to the Journals themselves; and it will be apparent that the appropriation of any space to mere editorial observation must be a departure from that rule. It can be scarcely necessary to say more on the sub- ject of the accuracy of the work than that the pari passu re- ferences to the Journals, while they present the strongest- guarantees for fidelity of purpose, afford every facility for the correction of inadvertent errors; although, in some cases, the daily records of proceedings printed under the autho- rity and inspection of Congress, have been found inaccurate or defective. | TAL BILE OF CONTIENTS. CHAPTER I. Organization, &c. &c. - - - - II. The Constitution—Ratifications, &c. - III. National Revenue—The Tariff Resolu- tions, &c. - - - - - - IV. Executive Departments—Creation of, &c. V. National Defence—Organization, &c. - VI. Navigation, Commerce, Trade, &c.—En- couragement, &c. - - - - VII. Public Debt—Bill making Provision, &c. - VIII. Appropriations—Estimates, &c. - - IX. Miscellaneous–Copy-rights, &c. º Members of the First Congress, - - - - - Members of the Second Congress, - - - - - - - - - - Index, - - - -- 9–145 146–286 287–431 432–484 485–585 586–617. 618–679 680–706 707–727. 728 729, 7.30 731–736 HISTORY OF CONGREss. ORGANIZATION OF HOUSES-RULES, &c. º CHAPTER I. Organization of Houses—Elections of Officers—Adoption of Rules—Examina- tions of Votes for President and Vice-President—Speeches of President on opening the Sessions—Addresses of the two Houses—Committees—Perma- nent Seat of Government—Journals—Times and Places of Meeting—Motions to open Doors of Senate—Stenographers, Char. I. THE First Congress of the United States, under the constitu- 1789. - º, tion of government proposed by the federal convention, held in T. *** - Philadelphia on the 17th of September, 1787, assembled in the Meeting of city of New York, on Wednesday, the 4th of March, 1789; ele- * ven of the states, namely, New Hampshire, Massachusetts, Con- H. Journal, necticut, New York, New Jersey, Pennsylvania, Delaware, Ma- P. 3. ryland, Virginia, South Carolina, and Georgia, having previously ratified the Constitution. On the first day of the session, the following senators and representatives appeared, and took their Seats:– - SENATORS. REPRESENTATIVES: ºº Members John º gdon NEW H sº S. Journal, anc EW HAMPSHIRE, *Isher Ames, present, Paine Wingate, George Leonard, MASSACHUSETTS, p. 5. Elbridge Gerry, Caleb Strong, MASSACHUSETTS, - Benj. Huntington, Wm. S. Johnson Jonathan Trumbull, ** and : CoNNECTICUT. Jeremiah Wadsworth, Oliver Ellsworth, Fred. Aug. Muhlenberg, Thomas Hartley, William Maclay and PENNSYLVANIA, Peter Muhlenberg, PENN, Robert Morris, Daniel Heister, William Few, GEORGIA, º [Alexander White, VIRGINIA. Thomas Tudor Tucker, S, CAROLINA, WoL. I.-2 - - --- 10 HISTORY OF CONGRESS. Char. I. Organization of Houses—Rules, &c. 1789. 1st conſº. 1st Session, SENATORS. REPRESENTATIVES. Membe Tristra alton.-MAssachusetts. Nicholas Gilman, º º yers - Abiel Foster, ; Nºw Horsmº. ºf: - Philip Schuyler 14, 28, 31, and {s- Yonk, Theodore Sedgwick, 44, 45. Rufus King, Benj. Goodhue, MAssachusetts. lowing senators and representatives did not appear, S. Journal, George Partridge, Jonathan Elmer Jonathan Grout, and {s- JERSEx, R Sl ºm. Patterso Ogre" Snetman Wm. Patterson, J. s...} CoNNECTICUT. George Reed and DErawa RR. Richard † : Henry Wynkoop, H. Journal, George Clymer p.4, 5,6,7, Thos. Fitzsimmons, PENNsy LyanIA. ii. 13, 16, Charles Carroll Thomas Scott, 18, 19, 24, and MARYLAND. - - 29, 31, 40, John Henry, John Wining,-DELAware. ; 48, 49, - and Egbert Benson, Wm. Grayson, William Floyd, John Hathorn, Pierce Butler Jere. Van Rensselaer, and South CARoutna, | Peter Silvester, Ralph Izard, Y - Richard H. Lee John Lawrance, : VIRGINA. New York. Elias Boudinot, James Gunn, Grangia, |James Schureman, - Lambert Cadwalader, NEw JERSEY. | Thomas Sinnickson, William Smith, George Gale, | Daniel Carroll, Joshua Leney, |Benjamin Covtee, |Mich. Jenifer Stone, John Brown, | James Madison, Jr., John Page, Richard Bland Lee, |Samuel Griffin, VIRGINIA. Andrew Moore, - Josiah Parker, Theodoric Bland, Isaac Coles, Edanus Burke, Daniel Huger, |William Smith, |Thomas Sumpter, SouTº Cañolina. |James Jackson, GEORGIA. George Mathews, Y Abraham º: sº No quorum appearing, the two houses adjourned, and conti-s. º WºtC, - - * > - --- * Tº Tº ſº. º, nued to meet and adjourn for some weeks before the requisite #. **. number of members attended. On the 4th of March, the sena- P-3,4,5,5. HISTORY OF CONGRESS. 11 Chap. I. - Organization of Houses—Rules, &c. 1789. #gº tors present, addressed a circular letter to the absent members of that body, describing the situation in which they found them: circular to selves placed, pointing out “the indispensable necessity of put- S. Journal. ...'. ting the government into immediate operation,” and requesting p. 3, 6. the attendance of the absentees as soon as possible. On the Second cir- 18th of March, no other senator having arrived, a second circu- i. * lar letter was addressed to eight of the absent senators, excluding those whose residences were so distant as to make it impossible that a letter would reach them previously to their departure on their public duties. The terms in which this second communi- cation was couched were more urgent. It was suggested, that “the House of Representatives will probably be formed in two Id. p. 6. or three days;” that, therefore, the presence of the absent sena- tors “is indispensably necessary;” and a confidence is expressed that they will not suffer “the public expectations to be disap- pointed.” An efficient response to these applications does not appear to have been received until the 6th of April, some days. after the appearance of a majority of the House of Represen- tatives. - Quorum in On the 1st of April, thirty members of the house being pre- H. Journal, ** sent, constituting a quorum, a resolution was adopted to proceed P." Election of to the choice of a speaker by ballot, and Frederick Augustus ** Muhlenberg, one of the representatives for the state of Pennsyl- vania, having received a majority of the votes of the whole house, was declared to be duly elected speaker of the house. The speaker was then conducted to the chair, and suitably ac- knowledged the honour which had been conferred upon him. Appoint Mr. John Beckley was then appointed clerk of the house, by a Ibid. . of a majority of the votes, the election being made by ballot, as in the choice of the speaker. An order was adopted that the mem- Committee bers deliver in their credentials at the clerk's table. On the *. following day, a committee of eleven members was appointed report du: “to prepare and report such standing rules and orders of pro- º: ceeding as may be proper to be observed in this house,” and Ibid. *...* Messrs. Gilman, Gerry, Wadsworth, Boudinot, Hartley, Smith, Lee, Tucker, Madison, Sherman, and Goodhue, were appointed such committee. An instruction was given to this committee to report, also, “the duties and services of a sergeant-at-arms, or other proper officer for enforcing the orders of the house.” On Ibid. Election of the 4th of April, Gifford Dalley was elected by ballot to be door- *. keeper of the house, and Thomas Claxton was elected, in the Id. p. 7. sistant door same manner, to be assistant door-keeper. keeper. Notwithstanding the efforts which were made to produce the 12 HISTORY OF CONGRESS. CHAP, I. Organization of Houses—Rules, &c. #gº attendance of members, a quorum of the Senate was not ob- – tained until Monday, the 6th of April; when, twelve senators Ş. being present, John Langdon, of New Hampshire, was elected Election president of that body, “for the sole purpose of opening and 3. * counting the votes for President of the United States.” A mes- sage announcing the presence of a quorum, and the election of a president for the purpose above named, was then sent to the Votes for House of Representatives. The house then repaired to the se- ..". nate chamber, where, in presence of the two houses, the votes President for President and Vice-President of the United States were exa- *"... mined, by Mr. Patterson of New Jersey, acting as teller on the counted part of the Senate, and Mr. Parker of Virginia, and Mr. Heister of Pennsylvania, acting as tellers on the part of the house, and the president of the Senate declared the result to be that George Washington was unanimously elected President, and John Adams" Vice-President of the United States. In compliance with a re- Solution of the house, the Senate then directed that the persons Bill to re-elected be notified of their election. On the same day, leave É. was given by the house to bring in a bill to regulate the taking the oath, or affirmation, prescribed by the sixth article of the Constitution: a committee, consisting of Messrs. White, Madison, Trumbull, Gilman, and Cadwalader, was appointed to prepare the same, and the following form of oath was prescribed:— Form of “I, A. B., a representative of the United States in the Con- oath. gress thereof, do solemnly swear, or affirm, (as the case may be.) in the presence of Almighty God, that I will support the Consti- tution of the United States. So help me God.” Bill to re. On the 14th of April, Mr. White presented, according to or- #. der, a bill to regulate the taking the oath, or affirmation, pre- Read first scribed by the sixth" article of the Constitution, which was read * the first time. On the 16th, the bill was read a second time, and - committed. This bill occupied the attention of the house on the 20th and 22d in committee of the whole, when it was reported Bill consi with amendments. On the 25th, the amendments were con- . * curred in, and the bill was ordered to be engrossed; and the bill * The portion of the sixth article of the Constitution, referred to, is as fol- lows:– “The Senators and representatives, before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States, and of the several states, shall be bound by oath, or affirmation, to support this Constitution; but no religious test shall be required, as a qualifica- tion to any office, or public trust, under the United States.” 1789. S. Journal, p. 7. H. Journal, p. 7. Id, p. 8. S. Journal, H. Journal, p. 7. Id. p. 14. Id. p. 15. Id. p. 18, 19, 20, 21. HISTORY OF CONGRESS, 13 CHAP. T. organization of Houses–Rules, &c." 1789. #gº was passed by the house on the 27th. The bill was received S. journal, R.I.s. and read a first time in the Senate on the 28th of April: on the P. 17. nate a first 29th, the bill received its second reading, and was committed. Id. p. 18. * On the 2d of May, the bill was reported with amendments, Id, p. 21, which were concurred in by the Senate, on the following day. Amended The bill was then ordered to be read a third time, and was andpassed. passed on the 5th of May. On the 6th of May, the House of H. Journal, i. Representatives agreed to the amendments of the Senate, with ** amends, an amendment. It is to be regretted that the rules of the Senate, during th period embraced in this volume, preclude the possibility of refe- rence to any debates which may have taken place in that body. One of the amendments made by the Senate, was in the follow- - ing words:– - “Be it enacted, That the members of the several state legis. Lloyd's latures, and all executive and judicial officers of the several ..". states, who have been heretofore chosen or appointed, or who gister, vol. shall be chosen or appointed before the first day of August next, # *- - and also shall then be in office, shall, within one month thereaf- ter, take the same oath or affirmation, except where they shall - have taken it before; which may be administered by any per- son authorized by the law of the state, in which such office shall be holden, to administer oaths. And the members of the seve- ral state legislatures, and all executive and judicial officers of the several states, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or per- sons who by the law of the state shall be authorized to adminis- ter the oath of office; and the person or persons, so administer- ing the oath, hereby required to be taken, shall cause a record, or certificate, thereof to be made, in the same manner, as, by the law of the state, he or they shall be directed to record or certify the oath of office.” This amendment appears to have led to some discussion in the House of Representatives. Messrs. Gerry, Jackson, and Silves- ter opposed the amendment, and Messrs. Bland, Lawrance, Sher- man, and Boudinot supported it. The grounds of opposition were, that the power of Congress to direct the states in this mat- ter was open to doubt; and that, even if it existed, the policy of exercising it, and thus incurring the risk of provoking jealousy among the states of the federal government, was questionable. - - - - - 14 HISTORY OF CONGRESS. CHAP, I. - Organization of Houses—Rules, &c. 1789. #gº. The amendment of the Senate was concurred in, with an - amendment, That the members of the state legislatures be di- rected to take the oath at their next sessions, respectively. Senatecon- The Senate, on the 7th of May, agreed to the amendment s. Journal, Cui'S. made by the House of Representatives. On the 18th of May, P. 23. Committee the Senate appointed Mr. Lee to be a committee on their part, 3. to join any committee appointed for that purpose on the part presentbill of the House of Representatives, to lay before the President of .* the United States, for his approbation, a bill, entitled, “An Act Id, p. 27. to regulate the time and manner of administering certain oaths,” after it shall be enrolled, examined by the said committee, and signed by the speaker of the House of Representatives, and by House the Vice-President. On the 19th of May, the House of Repre- H. Journal, * sentatives appointed Messrs. Partridge and Floyd to be the com-Pº mittee on their part, for the same purpose. The bill was laid before the President, by this committee, on the 22d of May, and President a message from the President was received by the House of Re- Id. p. 40, * presentatives, on the 1st of June, certifying the house that he “” had approved and signed the bill. Cathºlm. The bill having passed, the oath was administered by the Id, p. 44. #. speaker of the house, on the 2d of June, to the clerk, and to to Senate, such of the members as had not already taken the oath under a - . resolution of the house of the 6th of April, prescribing a form, Id. p. 7, 11. - * and of the 7th, requesting its administration by the Chief Jus- tice of the state of New York. And, in pursuance of an order S. Journal, of the Senate, Mr. Langdon administered the oath, first to the P. 31. Vice-President, who administered it afterwards to the members of the Senate, and to the secretary, together with the oath of office. - . The Senate, on the 7th of April, appointed Messrs. Ellsworth, Id, p. 10. ..". Lee, Strong, Maclay, and Bassett, to be a committee to prepare i. * re- rules to govern the two houses in cases of conference, and on ...” the manner of electing chaplains; also, to prepare rules for con- ence, chap- ducting business in the Senate. . lains, &c. - Mr. Boudinot, on the same day, from the committee of the H. Journal, House of Representatives, appointed to prepare rules and orders P. *-*. of proceeding for that house, made the following report, which was agreed to by the house:— - system of “The committee to whom it was referred to prepare such rules for - e- - the house, standing rules and orders of proceeding as may be proper to be reported observed in this house, have, according to order, prepared the * agreed same, and agreed to the following report:- HISTORY OF CONGRESS. Organization of Houses—Rules, &c. 4. Resolved—That it is the opinion of this committee, that the rules and orders following are proper to be established, as the standing rules and orders of this house; to wit: “First—Touching the Duty of the Speaker. “He shall take the chair every day at the hour to which the p house shall have adjourned on the preceding day; shall immedi- diately call the members to order, and, on the appearance of a quorum, shall cause the journal of the preceding day to be read. “He shall preserve decorum and order; may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the house by any two members. - “He shall rise to put a question, but may state it sitting. “Questions shall be distinctly put in this form; namely, “As many as are of opinion that, (as the question may be) say Ay: and, after the affirmative voice is expressed—‘As many as are of a contrary opinion, say No.’ “If the speaker doubt, or a division be called for, the house shall divide; those in the affirmative going to the right, and those in the negative to the left of the chair. If the speaker still doubt, or a count be required, the speaker shall name two members, one from each side, to tell the members in the affirma- tive; which being reported, he shall then name two others, one from each side, to tell those in the negative; which being also reported, he shall rise and state the decision to the house. “The speaker shall appoint committees, unless it be deter- mined by the house that the committee shall consist of more than three members, in which case the appointment shall be by ballot of the house. “In all cases of ballot by the house, the speaker shall vote; in other cases he shall not vote, unless the house be equally di- vided, or unless his vote, if given to the minority, will make the division equal, and, in case of such equal division, the question shall be lost. º “When the house adjourns, the members shall keep their seats until the speaker go forth, and then the members shall follow. “Secondly—Of Decorum and Debate. “When any member is about to speak in debate, or deliver any matter to the house, he shall rise from his seat, and respect. fully address himself to Mr. Speaker. HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. lºgongress. “If any member, in speaking, or otherwise, transgress the 1st Session. Rules. - rules of the house, the speaker shall, or any member may, call to order; in which case the member called to order shall imme- diately sit down, unless permitted to explain, and the house shall, - if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the chair shall be submitted to. If the decision be in favour of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the house. “When two or more members happen to rise at once, the speaker shall name the member who is first to speak. * No member shall speak more than twice to the same ques- tion, without leave of the house; nor more than once, until eve- ry member choosing to speak, shall have spoken. - “Whilst the speaker is putting any question, or addressing the house, none shall walk out of, or across the house; nor either in such case, or when a member is speaking, shall entertain pri- vate discourse, or read any printed book or paper; nor whilst a member is speaking, shall pass between him and the chair. “No member shall vote on any question, in the event of which he is immediately and particularly interested; or in any other case where he was not present when the question was put. “Every member who shall be in the house when a question is put, shall vote on the one side or the other, unless the house, for special reasons, shall excuse him. “When a motion is made, and seconded, it shall be stated by the speaker, or, being in writing, it shall be handed to the chair, and read aloud by the clerk, before debated. “Every motion shall be reduced to writing, if the speaker, or any member, desire it. “After a motion is stated by the speaker, or read by the clerk, it shall be deemed to be in possession of the house, but may be withdrawn at any time before a decision or amendment. “When a question is under debate, no motion shall be re- ceived, unless to amend it, to commit it, for the previous ques- tion, or to adjourn. “A motion to adjourn shall be always in order, and shall be decided without debate. - “The previous question shall be in this form: “Shall the main question be now put " It shall only be admitted when demand- ed by five members; and, until it be decided, shall preclude all amendment and farther debate of the main question. “On a previous question, no member shall speak more than once, without leave. - 1789. HISTORY OF CONGRESS. - º CHAF. I. Organization of Houses–Rules, &c. 1789. 1st Congress. 1st Session. Rules. - “Any member may call for the division of a question, where the same will admit of it. “A motion for commitment, until it be decided, shall preclude all amendment of the main question. - “Motions and reports may be committed at the pleasure of the house. “No new motion or proposition shall be admitted, under co- lour of amendment, as a substitute for the motion or proposition under debate. “Committees, consisting of more than three members, shall be balloted for by the house; if, upon such ballot, the number re- quired shall not be elected by a majority of the votes given, the house shall proceed to a second ballot, in which a plurality of votes shall prevail; and, in case a greater number than are re- quired to compose or complete the committee, shall have an equal number of votes, the house shall proceed to a farther bal- lot or ballots. - - “In all other cases of ballot, than for committees, a majority of the votes given shall be necessary to an election, and where there shall not be such majority on the first ballot, the ballot shall be repeated until a majority be obtained. “In all cases where others than members of the house may be eligible, there shall be a previous nomination. - “If a question depending be lost by adjournment of the house, and revived on the succeeding day, no member who has spoken twice on the day preceding, shall be permitted again to speak without leave. - “Every order, resolution, or vote, to which the concurrence of the Senate shall be necessary, shall be read to the house, and laid on the table, on a day preceding that in which the same shall be moved, unless the house shall otherwise expressly allow. “Petitions, memorials, and other papers, addressed to the house, shall be presented through the speaker, or by a member in his place, and shall not be debated or decided on the day of their being first read, unless where the house shall direct other- wise; but shall lie on the table, to be taken up in the order they were read. “Every fifteen members (including the speaker, if there be one,) shall be authorized to compel the attendance of absent members. “Upon calls of the house, or in taking the ayes and noes on any question, the names of the members shall be called alpha- betically. WoL. I.-3 S - HISTORY OF CONGRESS. Chºp. I. ºf Congress. it Session. - Rules. - of Bills. of com. mittees of he whole 10tise. Organization of Houses—Rules, &c. “Thirdly—Of Bills. “Every bill shall be introduced by motion for leave, or by an H. * order of the house on the report of a committee, and, in either P. case, a committee to prepare the same shall be appointed. In cases of a general nature, one day's notice, at least, shall be given of the motion to bring in a bill, and every such motion may be committed. - “Every bill shall receive three several readings in the house, previously to its passage; and all bills shall be despatched in order as they were introduced, unless where the house shall direct otherwise; but no bill shall be twice read, on the same day, with- out special order of the house. “The first reading of a bill shall be for information, and if op- position be made to it, the question shall be, “Shall the bill be rejected?” If no opposition be made, or the question to reject be negatived, the bill shall go to its second reading without a question. w “Upon the second reading of a bill, the speaker shall state it is ready for commitment or engrossment; and, if committed, then the question shall be, whether to a select committee, or to a com- mittee of the whole house: if to a committee of the whole house, the house shall determine on what day. But if the bill be or- dered to be engrossed, the house shall appoint the day when it shall be read the third time. After commitment, and a report thereof to the house, a bill may be recommitted, or at any time before its passage. “All bills ordered to be engrossed shall be executed in a fair round hand. “The enacting style of bills shall be, ‘Be it enacted by the senators and representatives of the United States, in CongreSS as- sembled.” - “When a bill shall pass, it shall be certified by the clerk, noting the day of its passing at the foot thereof. “No bill amended by the Senate shall be committed. “Fourthly—Qf Committees of the whole House. “It shall be a standing order of the day, throughout the ses- Sion, for the house to resolve itself into a committee of the whole house on the state of the Union. “Informing a committee of the whole house, the speaker shall leave his chair, and a chairman, to preside in committee, shall be appointed. HISTORY OF CONGRESS. 19 - CHAP. I. Organization of Houses—Rules, &c. - 1789. #º “Upon bills committed to a committee of the whole house, the T bill shall be first read throughout by the clerk, and then again read and debated by clauses, leaving the preamble to be last con- sidered. The body of the bill shall not be defaced or interlined, but all amendments, noting the page and line, shall be duly en- tered by the clerk, on a separate paper, as the same shall be agreed to by the committee, and so reported to the house. Af. ter report, the bill shall again be subject to be debated and amended by clauses, before a question to engross it be taken. “All amendments made to an original motion, in committee, shall be incorporated with the motion, and so reported. “All amendments made to a report committed to a committee of the whole, shall be noted and reported, as in the case of bills. - “All questions, whether in committee or in the house, shall be - propounded in the order they were moved, except that, in filling the blanks, the largest sum and longest day shall be first put. “The rules of proceeding in the house shall be observed in committee, so far as they may be applicable, except that limit- ing the times of speaking.” Rules. Addition- On the 13th of April, the following additional rules, reported H. Journal, al º * by the same committee on the 11th, were agreed to:— p. 13. greed to. “That any member may excuse himself from serving on any committee, at the time of his appointment, if he be then a mem- ber of two other committees. “That no member absent himself from the service of the house, unless he have leave, or be sick, and unable to attend. “Upon a call of the house, for which, at least, one day's no- tice shall be requisite, the names of the members shall be called over by the clerk, and the absentees noted; after which the names of the absentees shall be again called over: the doors shall then be shut, and those for whom no excuses, or insufficient ex- cuses, are made, may, by order of the house, be taken into cus- tody. - - “A standing committee of elections shall be appointed, to con- sist of seven members; it shall be the duty of the said commit- tee, to examine and report upon the certificates of election, or other credentials of the members returned to serve in this house, and to take into their consideration all such matters as shall or may come in question, and be referred to them by the house, touching returns and elections, and to report their proceedings, with their opinion thereupon to the house. “The clerk of the house shall take an oath for the true and 20 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. 1st congress, faithful discharge of the duties of his office, to the best of his 1st Session. :1: 4-5. …, 35 knowledge and abilities.” Rules. The committee, also, reported the three following rules, which were ordered to be recommitted to the same committee. - Rules re- “It shall be the office and duty of a sergeant-at-arms, to at- H. Journal, º tend the house during its sitting, to execute the commands of * 13. ed. the house, from time to time, and all such process, issued by au- thority thereof, as shall be directed to him by the speaker, and, either by himself, or special messengers appointed by him, to take and detain in his custody, members, or other persons, or- dered by the house to be taken or committed. “A proper symbol of office shall be provided for the sergeant- at-arms, of such form and device as the speaker shall direct, which shall be placed on the clerk's table during the sitting of the house, but when the house is in committee, shall be placed under the table. The sergeant-at-arms shall, moreover, always bear the said symbol when executing the immediate commands of the house, during its sitting, returning the same to the clerk's table when the service is performed. “Every member, or other person, ordered into custody, shall pay to the sergeant-at-arms . for every arrest, and for each day's custody and releasement; also, per mile for tra- velling expenses, going and returning, unless the payment there- of shall be remitted by the house.” The committee, to whom these three rules were recommitted, reported, on the 14th of April, the following modifications of them, which received the approbation of the house, and were incorporated into the standing rules and orders of the house:— Rules mo: “A sergeant-at-arms shall be appointed, to hold his office Id. p. 14. . º during the pleasure of the house, whose duty it shall be to at- tend the house during its sitting, to execute the commands of the house, from time to time, and all such process, issued by autho- rity thereof, as shall be directed to him by the speaker. “A proper symbol of office shall be provided for the sergeant. at-arms, of such form and device as the speaker shall direct, which shall be borne by the sergeant when in the execution of his office. “The fees of the sergeant-at-arms shall be, for every arrest, the sum of two dollars; for each day’s custody and releasement, one dollar; and for travelling expenses, going and returning, one- tenth of a dollar per mile.” HISTORY OF CONGRESS. 21 Chap. I. Organization of Houses–Rules, &c. 1789. #gº. On the 9th of April, Messrs. Boudinot, Sherman, Tucker, Ma- H. * dison, and Bland were appointed a committee, on the part of the P’ “ house, to prepare a system of rules to govern the two houses in Report of cases of conference, and to regulate the appointment of chap- joint com: lains. The joint committee, on the 15th, reported the following Id. 15, 16. mittee, on - - - J 1 rules rela rule, which received the acquiescence of the two houses, and S. * jº" was adopted into the body of rules:– ps 1%. ferences and chap- lains. Rules. “That, in every case of an amendment of a bill, agreed to in one house, and dissented to in the other, if either house shall re- Rule con quest a conference, and appoint a committee for that purpose, ... and the other house shall also appoint a committee to confer, such ces, committees shall, at a convenient hour, to be agreed on by their chairman, meet in the conference chamber, and state to each other, verbally, or in writing, as either shall choose, the reasons of their respective houses for and against the amendment, and confer freely thereon.” The following resolution was also reported and agreed to:— Chaplains. “That two chaplains, of different denominations, be appoint- ed by Congress for the present session: the Senate to appoint one, and give notice thereof to the House of Representatives, who shall thereupon appoint the other; which chaplains shall commence their services in the houses that appoint them, but shall interchange weekly.” On the 16th of April, the Senate adopted the following rules, which were reported, on the 13th, by the committee appointed to prepare rules:– - Senate “I. The president, having taken the chair, and a quorum be- Id, p. 13, * ing present, the journal of the preceding day shall be read, to the end that any mistake may be corrected, that shall have been made in the entries. “II. No member shall speak to another, or otherwise inter- rupt the business of the Senate, or read any printed paper, while the journals or other public papers are reading, or when any member is speaking in any debate. - “III. Every member, when he speaks, shall address the chair, standing in his place, and, when he has finished, shall sit down. “IV. No member shall speak more than twice in any one de- bate, on the same day, without leave of the Senate. - “V. When two members rise at the same time, the president - shall name the person to speak; but, in all cases, the member - first rising shall speak first, - - 22 History of congress. duced to writing, if desired by the president, or any member, delivered in at the table, and read by the president, before the same shall be debated. “VIII. When a question is before the Senate, no motion shall be received, unless for amendment, for the previous question, or for postponing the main question, or to commit it, or to adjourn. “IX. The previous question being moved and seconded, the question from the chair shall be, ‘Shall the main question be now put' And, if the nays prevail, the main question shall not then be put. - “X. If a question in debate contain several points, any mem- ber may have the same divided. “XI. When the yeas and nays shall be called for, by one-fifth of the members present, each member called upon, shall, unless for special reasons he be excused by the Senate, declare openly, and without debate, his assent, or dissent, to the question. In taking the yeas and nays, and upon the call of the house, the names of the members shall be taken alphabetically. “XII. One day's notice, at least, shall be given, of an intend- ed motion for leave to bring in a bill. “XIII. Every bill shall receive three readings, previously to its being passed; and the president shall give notice at each, whe- ther it be the first, second, or third; which readings shall be on three different days, unless the Senate unanimously direct other- wise. “XIV. No bill shall be committed, or amended, until it shall have been twice read, after which it may be referred to a com- mittee. “XV. All committees shall be appointed by ballot, and a plu- rality of votes shall make a choice. “XVI. When a member shall be called to order, he shall sit down until the president shall have determined whether he be in order or not; and every question of order shall be decided by the president, without debate: but, if there be a doubt in his mind, he may call for the sense of the Senate. “XVII. If a member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the president may be better enabled to judge of the matter. “XVIII. When a blank is to be filled, and different sums shall be proposed, the question shall first be taken on the highest sum. > CHAP. T. Organization of Houses—Rules, &c. 1789. #gº. “ VI. No motion shall be debated, until the same shall be se- I - - conded. - . “WII. When a motion is made, and seconded, it shall be re- HISTORY OF CONGRESS. 23 Chap. I. Organization of Houses—Rules, &c. 1789. - - #º “ XIX. No member shall absent himself from the service of St Session. the Senate, without leave of the Senate first obtained.” Senate - Rules. On the 18th, the Senate ordered the following additional rule T to be subjoined. - Additional “XX. Before any petition, or memorial, addressed to the Se- S. Journal, rule. nate, shall be received and read at the table, whether the same * 14 shall be introduced by the president, or a member, a brief state- ment of the contents of the petition, or memorial, shall verbally be made by the introducer.” - On the 24th of April, the House of Representatives adopted the following resolution:— - House re. “Resolved—That so much of the standing rules and orders of H. Journal, º: this house as prescribes the enacting style of bills, be rescinded.” P. 20. f bills. Oi O111S On the 9th of June, the House of Representatives adopted the following resolution:- House re. “Resolved—That so much of the standing rules and orders as Id, p. 47. . directs that, upon a division of the house, on any question, the of division, members who vote in the affirmative shall go to the right, and º those in the negative, to the left of the chair, be rescinded; and that, in future, when a division is called for, those in the affir- mative of the question shall rise from their seats, and those in the negative remain sitting.” The House of Representatives, on the 16th of June, adopted - the following resolution:- Seats pro- “Resolved—That seats be provided, within the bar of this id, p. 48. . * house, for the accommodation of the president, and members of the Senate.” On the 6th of May, the Senate adopted the following order:- Senate or “Ordered—That, when a bill has passed the Senate, the se- S. Journal, ...” cretary shall endorse the final determination thereon, and the P. * mºnt of day when such final question was taken, previously to its being bills. transmitted to the House of Representatives.” On the 21st of May, the Senate came to the following resolu- tion:- - º - Senate re- “Resolved—That all bills, on a second reading, shall be consi- id. p. 28. lution. : - - i.". . dered by the Senate, in the same manner, as if the Senate were in commit- in a committee of the whole, before they shall be taken up, and º: * proceeded on by the Senate, agreeably to the standing rules, un- less otherwise ordered.” 24 - - HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. #gº. A motion was made in the Senate, on the 30th of July, and negatived, in the following terms:– **** * sº Proposi. “Resolved—That a clause passed, or amendºt made, in com- S. Journal, ** mittee, shall not be reversed in the same committee, but may be P. “” so done in the Senate. And no amendment, or clause, agreed to in the Senate, shall be reconsidered until the neº reading of the bill, except at the third reading of a bill, when, by the consent of the Senate, it may be amended.” -- Secretary, On the 8th of April, the Senate elected Samuel Alyne Otis Id. p. 10. :-keep- - - º to be their secretary, and Cornelius Maxwell messenger. James .*. Mathers having been chosen door-keeper on the preceding day. .." * And, on the same day, the Chief Justice of the state of New Chief Jus. York, in compliance with an order of the house, requesting his º tice of New attendance for that purpose, attended the house, and adminis H.J.9 Y k d- - - - - - - it tered the oath required by the Constitution, in the form which P. 11. º, º H. had been agreed to, first to the speaker, in his place, and then º of Repre- - sentatives to the other members of the house present. . Reception With reference to the ceremonial of receiving the President S. Journa 3.* of the United States, and the necessary arrangements, the Se- P. 10. nate, on the 9th of April, appointed a committee, consisting of tº Messrs. Langdon, Johnson, and Few; and, on the 13th, the House H. Journal, of Representatives appointed a corresponding committee, to act P. 12. in conference with the Senate committee, consisting of Messrs. Benson, Muhlenberg, and Griffin. This joint committee reported, on the 15th, the following ceremonial, which was agreed to:— “That Mr. Osgood, the proprietor of the house lately occu- s. Journal, pied by the president of Congress, be requested to put the same, P. * * and the furniture therein, in proper condition for the residence - and use of the President of the United States, and otherwise, at the expense of the United States, to provide for his temporary accommodation. - Ceremo- “ That it will be more eligible, in the first instance, that a H.Journal .. à. committee of three members from the Senate, and five mem. P.” President. bers from the House of Representatives, to be appointed by the houses, respectively, attend to receive the President, at such - place as he shall embark from New Jersey for this city, and con- duct him, without form, to the house lately occupied by the pre- sident of Congress, and that, at such time thereafter as the Pre- sident shall signify it will be most convenient for him, he be for- mally received by both houses. - - “That a committee of two members from the Senate, and HISTORY OF CONGRESS. 25 ºber. CHAP. I. Organization of Houses—Rules, &c. #gº. three members from the House of Representatives, to be ap- - pointed by the houses, respectively, wait on the Vice-President of the United Stºves, as soon as he shall come to this city, and, in the name of tº Congress of the United States, congratulate him on his arrival.” Commit. On the follow ºng day the Senate appointed Messrs. Langdon, º Carroll, and Johnson, to be their committee to wait on the Pre- dent and sident; and Messrs. Ellsworth and Dalton to wait on the Vice- Yºº President. The house appointed Messrs. Boudinot, Bland, Tuc- ker, Benson, and Lawrance, their committee to wait on the President; and Messrs. Gilman, Ames, and Gale, to wait on the Vice-President. - committee A committee, consisting of Messrs. Strong and Izard, was ap- * º: pointed by the Senate, on the 20th of April, to wait on the Vice- *ose. President, and conduct him to the senate-chamber; and, on the * next day, this committee conducted the Vice-President to the senate-chamber, where he was received, on theºfloor, by Mr. Reception. Langdon, the president pro tempore, who addressed him as ſol- lows:– Address of “Sir, I have it in charge from the Senate, to introduce you º to the chair of this house; and, also, to congratulate you on your appointment to the office of Vice-President of the United States of America.” The Vice-President, being conducted to the chair, addressed the Senate as follows:— w Vice-Presi- “Gentlemen of the Senate: Invited to this respectable situa- Jent’s ad- dress. tion, by the suffrages of our fellow citizens, according to the Con- stitution, I have thought it my duty cheerfully and readily to ac- cept it. Unaccustomed to refuse any public service, however dangerous to my reputation, or disproportioned to my talents, it would have been inconsistent to have adopted another maxim of conduct at this time, when the prosperity of the country, and the liberties of the people, require, perhaps, as much as ever, the attention of those who possess any share of the public con- fidence. - “I should be destitute of sensibility, if, upon my arrival in this - city, and presentation to this legislature, and, especially, to this Senate, I could see, without emotion, so many of those charac- ters, of whose virtuous exertions I have so often been a witness —from whose countenances and examples I have ever derived encouragement and animation; whose disinterested friendship Wol. I.-4 t 1789. S. Journal, p. 12. H. Journal, p. 15. S. Journal, p. 14. Id. p. 14, 5. 26 HISTORY OF CONGRESS, CHAP. ſ. Organization of Houses–Rules, &c. 1789. sºngress, has supported me, in many intricate conjunctures of public af. 1st Session. Vice-Pre- sident’s ad- dress. fairs, at home and abroad; those celebrated defenders of the li- berties of this country, whom menaces could not intimidate, cor- ruption seduce, nor flattery allure; those intrepid asserters of the rights of mankind, whose philosophy and policy have en- lightened the world, in twenty years, more than it was ever be- fore enlightened in many centuries, by ancient schools, or mo- dern universities, “I must have been inattentive to the course of events, if I were either ignorant of the fame, or insensible to the merit, of those other characters in the Senate, to whom it has been my misfortune to have been hitherto personally unknown. “It is with satisfaction, that I congratulate the people of Ame- rica on the formation of a national Constitution, and the fair prospect of a consistent administration of a government of laws. On the acquisition of a House of Representatives chosen by themselves, of a Senate thus composed by their own state legis- latures; and on the prospect of an executive authority, in the hands of one whose portrait I shall not presume to draw. Were I blessed with powers to do justice to his character, it would be impossible to increase the confidence or affection of his country, or make the smallest addition to his glory. This can only be ef. fected by a discharge of the present exalted trust, on the same principles, with the same abilities and virtues, which have uni- formly appeared in all his former conduct, public or private. May I, nevertheless, be indulged to inquire, if we look over the catalogue of the first magistrates of nations, whether they have been denominated presidents or consuls, kings or princes, where shall we find one, whose commanding talents and virtues, whose overruling good fortune, have so completely united all hearts and voices in his favour! Who enjoyed the esteem and admiration of foreign nations and fellow citizens with equal unanimity ? Qua- lities so uncommon, are no common blessings to the country that possesses them. By these great qualities, and their benign ef. fects, has Providence marked out the head of this nation, with a hand so distinctly visible, as to have been seen by all men, and mistaken by none. “It is not for me to interrupt your deliberations by any gene- ral observations on the state of the nation, or by recommending, or proposing, any particular measures. It would be superfluous, to gentlemen of your great experience, to urge the necessity of order. It is only necessary to make an apology for myself. Not wholly without experience in public assemblies, I have been HISTORY OF CONGRESS. 27 CHAP. I. Organization of Houses–Rules, &c. 1789. #gº more accustomed to take a share in their debates, than to pre- s SS1011. - º to behave towards every member of this most honourable body, dress. with all that consideration, delicacy and decorum, which be- comes the dignity of his station and character. But if, from in- experience, or inadvertency, any thing should ever escape me, inconsistent with propriety, I must entreat you, by imputing it to its true cause, and not to any want of respect, to pardon and excuse it. - “A trust of the greatest magnitude is committed to this legis- lature, and the eyes of the world are upon you. Your country expects, from the results of your deliberations, in concurrence with the other branches of government, consideration abroad, and contentment at home—prosperity, order, justice, peace, and liberty: and may God Almighty's providence assist you to an- swer their just expectations.” Report of On the 24th of April, Mr. Boudinot, from the committee on . the part of the House of Representatives, appointed to receive President, the President of the United States, at the place of his embarka- tion from New Jersey, reported that the joint committee of the two houses did attend at Elizabethtown, in New Jersey, on the 23d instant, at which place the two committees met the Presi- dent, and thence embarked for this city, where they arrived about three o'clock of the same day, and conducted him to the house appointed for his residence.” - Committee The Senate had, on the preceding day, adopted a resolution, ...” and appointed a committee, consisting of Messrs. Lee, Izard, and and admi. Dalton, “to consider and report, what style or titles it will be lºng proper to annex to the offices of President and Vice-President of the United States, if any other than those given in the Constitu- tion. Also, to consider of the time, place, and manner, in which, and the person by whom, the oath prescribed by the Constitution shall be administered to the President, and to confer thereon with such committee as the House of Representatives shall ap- point for that purpose.” And the House of Representatives, on the same day, appointed a committee for the same purpose, con- sisting of Messrs. Benson, Ames, Madison, Carroll, and Sherman. A. report was made by the two committees, to their respective houses, on the 25th, in the following words:- - “The committee, appointed to consider of the time, place, and manner, in which, and of the person by whom, the oath pre- side in their deliberations. It shall be my constant endeavour . H. Journal, p. 19. S. Journal, p. 16. H. Journal, p. 20. 2S HISTORY-OF CONGRESS. - CHAP. I. Organization of Houses—Rules, &c. 1789. #gº. scribed by the Constitution shall be administered to the President ++ of the United States, and to confer with the committee of the S. Journal, House, [or Senate.] appointed for that purpose, report— p. 16, 17. Report of “That the President hath been pleased to signify to them that H. Journal, * any time, or place, which both houses may think proper to ap-Pº" point, and any manner which may appear most eligible to them, will be convenient and acceptable to him. That requisite - preparations cannot, probably, be made before Thursday next. - That the President be, on that day, formally received by both houses, in the senate chamber. That the representatives' cham- ber, being capable of receiving the greater number of persons, that, therefore, the President do take the oath in that place, and in the presence of both houses. That, after the formal recep- tion of the President in the senate chamber, he be attended, by both houses, to the representatives' chamber, and that the oath be administered by the chancellor of the state of New York. “The committee farther report it as their opinion, that it will be proper that a committee of both houses be appointed to take order for conducting the business.” commit. The report being accepted, the Senate appointed Messrs. Lee, S. Journal, tees to take Izard, and Dalton; and the House of Representatives appointed P. 20. order - - H. Journal, conducting Messrs. Benson, Ames, and Carroll, to be the committees recom- p. 17. *. * mended by the report, “to take order for conducting the busi- ness.” These committees made their report on the 27th, in the following terms:– “The committee appointed to take order for conducting the ce- remonial of the formal reception, &c. of the President, report— Report of “That it appears to them more eligible that the oath should s. Journal, '..." be administered to the President in the outer gallery, adjoining P. 17. the Senate chamber, than in the representatives' chamber; and, º therefore, submit to the respective houses, the propriety of autho- - rizing their committee to take order as to the place where the oath shall be administered to the President, the resolution of Sa- turday, assigning the representatives' chamber as the place, not- withstanding.” This report was accepted, and the Senate adopted the follow- ing additional resolution:- Additional “That, after the oath shall have been administered to the s. Journal, ***". President, he attended by the Vice-Pres * of the Se- he, attended by the Vice-President, and the members p. 17. nate. of the Senate and House of Representatives, proceed to St. HISTORY OF CONGRESS. 29 Chap. I. Organization of Houses—Rules, &c. 1789. #gº." Paul's Chapel, to hear Divine service, to be performed by the St. Session. chaplain of Congress, already appointed.” - Accept. The Right Reverend Samuel Provost had been elected chap- S. Journal, * . * lain to the Senate, and his acceptance of the station was received P. “ chaplain. on this day. House con- The resolution of the Senate was taken up, considered, and H. Journal, Cul's. concurred in by the house, on the 29th of April. p. 24. ºeremony On Thursday, April 30th, the day appointed for the formal s. Journal, i. ". reception of the President, Mr. Lee, on behalf of the committee P.1% dent, and appointed to take order, for conducting the ceremonial of the .* formal reception, &c., of the President of the United States, having informed the Senate, that the same was adjusted, the House of Representatives were notified that the Senate were ready to receive them in the senate chamber, to attend the President of the United States, while taking the oath required by the Constitution. Whereupon, the House of Representa- tives, preceded by their speaker, came into the senate cham- ber, and took the seats assigned them; and the joint committee, preceded by their chairman, agreeably to order, introduced the President of the United States to the senate chamber, where he was received by the Vice-President, who conducted him to the chair; when the Vice-President informed him, that “the Senate and House of Representatives of the United States, were ready to attend him, to take the oath required by the Constitution, and that it would be administered by the Chancellor of the State of New York.” To which the President replied, he was ready to proceed; and, being attended to the gallery in front of the senate chamber, by the Vice-President and senators, the speaker and representatives, and the other public characters present, the oath was administered. After which, the chancel- lor proclaimed—“ Long live George Washington, President of the United States.” The President, having returned to his seat, after a short pause, arose, and addressed the Senate and House of Representatives, as follows:— speech of “Fellow Citizens of the Senate, and of the House ºf Representa- Idºp. 18, President, fives: - 19, 20, “Among the vicissitudes incident to life, no event could have filled me with greater anxieties, than that of which the notifica- tion was transmitted, by your order, and received on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear, but with venera- 30 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. 1st Congress, tion and love, from a retreat which I had chosen, with the fond- H. Journal, 1st Session. est predilection, and, in my flattering hopes, with an immutable . Speech of ſº.” decision, as the asylum of my declining years; a retreat, which was rendered every day more necessary, as well as more dear to me, by the addition of habit, to inclination, and of frequent interruptions to my health, to the gradual waste committed on it by time. On the other hand, the magnitude and difficulty of the trust, to which the voice of my country called me, being suf- ficient to awaken, in the wisest and most experienced of her citizens, a distrustful scrutiny into his qualifications, could not but overwhelm with despondence, one, who, inheriting inferior endowments from nature, and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own de- ficiencies. In this conflict of emotions, all I dare aver, is, that it has been my faithful study, to collect my duty from a just ap- preciation of every circumstance by which it might be affected. All I dare hope, is that if, in executing this task, I have been too much swayed by a grateful remembrance of former instances, or, by an affectionate sensibility to this transcendent proof of the confidence of my fellow citizens; and have thence too little con- sulted my incapacity, as well as disinclination, for the weighty and untried cares before me, my error will be palliated by the motives which misled me, and its consequences be judged by my country, with some share of the partiality in which they origi- nated. . “Such, being the impressions under which I have, in obedi- ence to the public summons, repaired to the present station; it would be peculiarly improper to omit, in this, my first official act, my fervent supplications to that Almighty Being who rules over the universe; who presides in the councils of nations, and whose providential aids can supply every human defect, that his bene- diction may consecrate, to the liberties and happiness of the peo- ple of the United States, a government, instituted by themselves, for these essential purposes, and may enable every instrument employed in its administration, to execute with success the func- tions allotted to his charge. In tendering this homage to the great Author of every public and private good, I assure myselſ, that it expresses your sentiments not less than my own; nor those of my fellow citizens at large, less than either. No people can be bound to acknowledge and adore the invisible hand, which conducts the affairs of men, more than the people of the United States. Every step, by which they have advanced to the cha- racter of an independent nation, seems to have been distin- . 24, 25, HISTORY OF CONGRESS. Ch.A.P. I. 1st Congress. 1st Session. Speech of President. Organization of Houses—Rules, &c. guished by some token of providential agency; and, in the im- portant revolution, just accomplished in the system of their united government, the tranquil deliberations, and voluntary consent, of so many distinct communities, from which the event has resulted, cannot be compared with the means, by which most govern- ments have been established, without some return of pious gra- titude, along with an humble anticipation of the future blessings, which the past seem to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind, to be suppressed. You will join with me, I trust, in think- ing, that there are none under the influence of which, the pro- ceedings of a new and free government, can more auspiciously COmmence. “By the article establishing the executive department, it is made the duty of the President, to recommend to your consi- deration, such measures as he shall judge necessary and expe- dient.’ The circumstances, under which I now meet you, will acquit me from entering into that subject, farther than to refer to the great constitutional charter, under which you are assem- bled; and which, in defining your powers, designates the objects to which your attention is to be given. It will be more consis- tent with those circumstances, and far more congenial with the feelings which actuate me, to substitute, in place of a recom- mendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism, which adorn the cha- racters selected to revise and adopt them. In these honourable qualifications, I behold the surest pledges, that, as on one side, no local prejudices or attachments, no separate views, nor party animosities, will misdirect the comprehensive and equal eye, which ought to watch over this great assemblage of communi- ties and interests; so, on another, that the foundations of our na- tional policy will be laid in the pure and immutable principles of private morality, and the pre-eminence of free government. be exemplified by all the attributes which can win the affections of its citizens, and command the respect of the world. I dwell on this prospect, with every satisfaction, which an ardent love for my country can inspire: since there is no truth more thoroughly established than, that there exists, in the economy and course of nature, an indissoluble union between virtue and happiness, between duty and advantage, between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public prosperity and felicity; since we ought to be no less per- Suaded, that the propitious smiles of Heaven can never be ex- 1789. 32 - HISTORY OF CONGRESS. CHAP, I. - Organization of Houses—Rules, &c. 1789. is gongress. pected on a nation that disregards the eternal rules of order and 1st Session. - - - * right, which Heaven itself has ordained: and since the preservation i." of the sacred fire of liberty, and the creating of the republican mo- del of government, are justly considered as deeply, perhaps, as finally, staked, on the experiment intrusted to the hands of the American people. - “Besides the ordinary objects committed to your care, it will remain with your judgment to decide, how far an exercise of the occasional power, delegated by the fifth article of the Constitu- tion, is rendered expedient, at the present juncture, by the nature of objections which have been urged against the system; or by the degree of inquietude which has given birth to them. In- stead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official op- portunities, I shall again give way to my entire confidence in your discernment and pursuit for the public good: for, I assure myself, that, whilst you carefully avoid every alteration which might endanger the benefit of a united and effective govern- ment, or which ought to await the future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for the public harmony, will sufficiently influence your delibera- tions on the question, how far the former can be more impreg- nably fortified, or the latter be safely and advantageously pro- moted. “To the preceding observations, I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and will, therefore, be as brief as possible. When I was first honoured with a call into the service of my country, then on the eve of an arduous struggle for its liberties, - the light in which I contemplated my duty, required that I should renounce every pecuniary compensation. From this resolution, I have, in no instance, departed: And being still under the im- pressions which produced it, I must decline, as inapplicable to myself, any share in the personal emoluments which may be indispensably included in a permanent provision for the Execu- tive Department; and must, accordingly, pray, that the pecuni- ary estimates for the station in which I am placed, may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require. “Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us together, I shall take my present leave; but not without resorting, once more, to the Benign Parent of the human race, in humble supplication, HISTORY OF CONGRESS. 33 CHAP. I. - Organization of Houses—Rules, &c. - 1789. ſº that, since he has been pleased to favour the American people - with opportunities for deliberating in perfect tranquility, and jº." dispositions for deciding, with unparalleled unanimity, on a form of government for the security of their union, and the advance- ment of their happiness; so, His Divine Blessing may be equally conspicuous, in the enlarged views, the temperate consultations, and the wise measures, on which the success of this government must depend. “ GEORGE WASHINGToN.” President, The President, the Vice-President, the Senate, and House of S. Journal, i. Representatives, &c., then proceeded to St. Paul’s Chapel; where P. ". vice. Divine Service was performed by the Chaplain of Congress. After which, the President was reconducted to his house, by the Committee committee appointed for that purpose. The Senate afterwards Ibid. ... .". appointed Messrs. Johnson, Paterson, and Carroll, a committee speech, to prepare an answer to the President’s speech. And, the speech having been laid before the House of Representatives, by the speaker, on the following day, the house appointed Messrs. Madison, Clymer, Sherman, Gale, and Benson, a committee to prepare an address pursuant to the following resolution, adopted in committee of the whole on the state of the union; and, subse- quently, concurred in by this house. Resolution “Resolved—That it is the opinion of this committee, that an ad- H. Journal, º dress to the President ought to be prepared, expressing the con- p. 26. cerning gratulations of the House of Representatives, on the distinguished speech. proof, given him, of the affection and confidence of his fellow º: citizens, by the unanimous suffrage, which has appointed him to prºp.a. the high station which he fills: the approbation felt by the house SWel'. of the patriotic sentiments, and enlightened policy, recommended by his speech; and assuring him of their disposition to concur in giving effect to every measure, which may tend to secure the liberties, promote the harmony, and advance the happiness and prosperity of their country.” On the 7th of May, the committee of the Senate reported the S. Journal, following answer to the President's speech, which was accepted; P: * * and the Vice-President was directed to affix his signature to the - address, in behalf of the Senate:– Answer of “Sir-We, the Senate of the United States, return you our **enate sincere thanks for your excellent speech, delivered to both houses of Congress; congratulate you on the complete organization of the federal government, and felicitate ourselves, and our fellow Vol. I.-5 34 * HISTORY OF CONGRESS. CHAP. T. Organization of Houses—Rules, &c. I789. isºgºngºs. citizens, on your elevation to the office of President: an office 1st Session. Answer of the Senate. highly important by the powers constitutionally annexed to it, and extremely honourable, from the manner in which the ap- pointment is made. The unanimous suffrage of the elective body, in your favour, is peculiarly expressive of the gratitude, confi- dence, and affection, of the citizens of America; and is the high- est testimonial, at once, of your merit, and their esteem. We are sensible, sir, that nothing but the voice of your fellow citizens could have called you from a retreat, chosen with the fondest pre- dilection, endeared by habit, and consecrated to the repose of declining years. We rejoice, and with us all America, that, in obedience to the call of our common country, you have re- turned, once more, to public life. In you, all parties confide: in you, all interests unite: and we have no doubt that your past services, great as they have been, will be equalled by your fu- ture exertions; and that your prudence and sagacity, as a states- man, will tend to avert the dangers to which we were exposed, to give stability to the present government, and dignity and splendour to that country, which your skill and valour, as a sol- dier, so eminently contributed to raise to independence and em- pire. - º “When we contemplate the coincidence of circumstances, and the wonderful combination of causes, which gradually prepared the people of this country for independence; when we contem- plate the rise, progress, and termination of the late war, which gave them a name among the nations of the earth, we are, with you, unavoidably led to acknowledge and adore the Great Ar- biter of the universe, by whom empires rise and fall. A review of the many signal instances of Divine interposition, in favour of this country, claims our most pious gratitude: and permit us, sir, to observe, that, among the great events which have led to the formation and establishment of a federal government, we esteem your acceptance of the office of President, as one of the most pro- pitious and important. “In the execution of the trust reposed in us, we shall endea- vour to pursue that enlarged and liberal policy, to which your speech so happily directs. We are conscious that the prosperity of each state is inseparably connected with the welfare of all, and that, in promoting the latter, we shall effectually advance the former. In full persuasion of this truth, it shall be our in- variable aim, to divest ourselves of local prejudices and attach- ments, and to view the great assemblage of communities and in- terests, committed to our charge, with an equal eye. We feel, HISTORY OF CONGRESS. Chap. I. Organization of Houses—Rules, &c. 1789. 1st Congress. 1st Session. Answer of the Senate. Answer of the House of Repre- sentatives. sir, the force, and acknowledge the justness, of the observation, that the foundation of our national policy should be laid in pri- vate morality: if individuals be not influenced by moral princi- ples, it is in vain to look for public virtue: it is, therefore, the duty of legislators to enforce, both by precept and example, the utility, as well as the necessity, of a strict adherence to the rules of distributive justice. We beg you to be assured, that the Senate will, at all times, cheerfully co-operate in every measure, which may strengthen the Union, conduce to the happiness, or secure and perpetuate the liberties of this great, confederated republic. “We commend you, sir, to the protection of Almighty God, earnestly beseeching him long to preserve a life, so valuable and dear to the people of the United States; and that your adminis- tration may be prosperous to the nation, and glorious to your- self.” The address of the house, in answer to the President's speech, as reported by Mr. Madison, on the 5th of May, and accepted by the house, was as follows:— “Sir-The representatives of the people of the United States present their congratulations on the event, by which your fellow citizens have attested the pre-eminence of your merit. You have long held the first place in their esteem; you have often received tokens of their affection; you now possess the only proof that re- mained of their gratitude for your services, of their reverence for your wisdom, and of their confidence in your virtues; you enjoy the highest, because the truest, honour, of being the first magistrate, by the unanimous choice of the freest people on the face of the earth. - “We well knew the anxieties with which you have obeyed a summons, from the repose reserved for your declining years, into public scenes, of which you had taken your leave for ever. But the obedience was due to the occasion. It is already applauded by the universal joy which welcomes you to your station; and we cannot doubt, that it will be rewarded with all the satisfac- tion with which an ardent love for your fellow citizens must re- view successful efforts to promote their happiness. “This anticipation is not justified merely by the past experi- ence of your signal services. It is particularly suggested by the pious impressions under which you commence your administra- tion, and the enlightened maxims by which you mean to conduct it. We feel, with you, the strongest obligations to adore the In- visible Hand, which has led the American people through so many H. Journal, p. 27, 28. 36 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. 1st Congress. 1st Session. Answer of the House. House or- ders ad- dress to be presented. Appoints committee to wait on President. was then ordered, that, as the chamber designed for the Presi- difficulties; to cherish a conscious responsibility for the destiny of republican liberty; and to seek the only sure means of pre- serving and recommending the precious deposite, in a system of legislation, founded on the principles of an honest policy, and di- rected by the spirit of a diffusive patriotism. “The question arising out of the fifth article of the Constitution will receive all the attention demanded by its importance; and will, we trust, be decided under the influence of all the conside- rations to which you allude. “In forming the pecuniary provisions, for the executive de- partment, we shall not lose sight of a wish resulting from mo- tives, which give it a peculiar claim to our regard. Your reso- lution, in a moment critical to the liberties of your country, to renounce all personal emolument, was among the many presages of your patriotic services, which have been amply fulfilled; and your scrupulous adherence, now, to the law then imposed on yourself, cannot fail to demonstrate the purity, whilst it increases the lustre, of a character, which has so many titles to admira- tion. - “Such are the sentiments, which we have thought fit to ad- dress to you. They flow from our own hearts; and we verily believe, that, among the millions we represent, there is not a vir- tuous citizen, whose heart will disown them. “All that remains, is, that we join in our ſervent supplica- tions for the blessings of Heaven on our country, and that we add our own, for the choicest of these blessings, on the most be- loved of her citizens.” The address having passed through a committee of the whole house, was agreed to without amendment, as appears by the fol- lowing resolution –“ Resolved, unanimously—That this house doth agree to the said address, and that the speaker, attended by the members of this house, do present the said address to the President.” Messrs. Sinnickson, Coles and Smith, of South Carolina, were then appointed a committee, to wait on the President, to know when it will be convenient for him to receive the same. This committee reported, on the 7th of May, that they had performed this duty, and that the President had fixed on the following day, at 12 o'clock, at such place as the house should appoint. It dent to receive the respective houses, was not yet prepared, the house would wait on the President, to present the address in the H. Journal, p. 28. Ibid, HISTORY OF CONGRESS. 37 CHAP. T. Organization of Houses—Rules, &c. 1789. is gongress room adjacent to the representatives' chamber. On the follow- 1st Session. . - TAddress *ś day, the house, accordingly, presented the address at the H. Journal, prj place appointed, when the President made the following reply:- p. 30, 31. - President’s “Gentlemen: Your very affectionate address, produces emo- Id, p. 31. reply. tions, which I know not how to express. I feel, that my past endeavours in the service of my country, are far overpaid by its goodness; and I fear much, that my future ones may not fulfil your kind anticipation. All that I can promise, is, that they will be invariably directed by an honest, and an ardent zeal—of this resource my heart assures me. For all beyond, I rely on the wisdom and patriotism of those with whom I am to co-ope- rate; and a continuance of the blessings of Heaven, on a be- loved country.” senate a- The Senate, on the 14th of May, directed the committee by s. Journal, gree to whom their address had been prepared, to wait on the President, P. 26. Wait on - - - - - - president, to ascertain when it will be agreeable to him, to receive the ad- * dress of the Senate at his own house. On the following day, the committee reported, that the President had fixed on the fol- lowing Monday, when it was ordered, that the Senate should then wait on the President, at his own house, and that the Vice- President should present the address. - Address On Monday, May 18th, the Senate waited on the President, Id. p. 26, presented, at his own house, according to order, when the Vice-President, 27. in the name of the Senate, presented the address, to which the President made reply, as follows:— Reply of “Gentlemen: I thank you for your address, in which the most Id. p. 27. President, affectionate sentiments are expressed, in the most obliging terms. The coincidences of circumstances, which led to this auspicious crisis; the confidence reposed in me by my fellow citizens; and the assistance 1 may expect from councils, which will be dic- tated by an enlarged and liberal policy, seem to presage a more prosperous issue to my administration, than a diffidence of my abilities had taught me to anticipate. I now feel myself inex- pressibly happy in a belief, that Heaven, which has done so much for an infant nation, will not withdraw its providential influence, before our political felicity shall have been completed; and in a conviction, that the Senate will, at all times, co-operate in every measure, which may tend to promote the welfare of this confe- derated republic. Thus, supported by a firm trust in the great Arbiter of the universe, aided by the collective wisdom of the Union, and imploring the Divine benediction in our joint exer- lions in the service of our country, I readily engage with you in 38 History of congress. CHAP. I. Organization of Houses—Rules, &c. 1789. 1st gongress, the arduous, but pleasing, task, of attempting to make a nation 1st Session. happy.” Mode of The adjustment of the mode, in which papers, bills and mes- S. º ..". sages should be communicated between the two houses, seems to * * tween the have been a point of some difficulty. On the 10th of April, the two houses. Senate appointed Messrs. Strong, Izard and Lee, to “be a com- Senate - -- - - committee, mittee, to report a mode of communication, to be observed be- tº report tween the Senate and House of Representatives, with respect to mode. - - papers, bills and messages, and to confer thereon with such com- mittee, as may be appointed by the House of Representatives, House for that purpose.” And on the 17th of the same month, the H. Journal, * House of Representatives appointed Messrs. Lee, Burke and P. * Seney, to be a committee, to confer with the committee ap- pointed by the Senate. The first report of this joint committee, was made to the two houses, on the 23d of April, in the follow- ing terms:— - Report of “When a bill or other message shall be sent from the Senate S. Journal, ...” to the House of Representatives, it shall be carried by the se- P. 19, 19. cretary, who shall make one obeisance to the chair, on entering the door of the House of Representatives, and another, on deli- vering it at the table, into the hands of the speaker. After he shall have delivered it, he shall make an obeisance to the speak- er, and repeat it as he retires from the house. “When a bill shall be sent up by the House of Representa- tives to the Senate, it shall be carried by two members, who, at the bar of the Senate, shall make their obeisance to the presi- dent, and thence, advancing to the chair, make a second obei- sance, and deliver it into the hands of the president. After having delivered the bill, they shall make their obeisance to the president, and repeat it as they retire from the bar. The Se- nate shall rise on the entrance of the members within the bar, and continue standing until they retire. “All other messages from the House of Representatives, shall be carried by one member, who shall make his obeisance as above mentioned, but the President of the Senate, alone, shall rise.” Senate ac- This report was read and accepted in the Senate, but, in the Id. p. 16. cepts. - - L- - - i. lays House of Representatives, it was ordered to lie on the table. On tº Journal, on table, the following day, the House ordered the report to be recommit- p. 19. Recom- - - - mi." ted to the same committee; and, on the 25th of April, the Se- " P. " Senate re-nate reconsidered their acceptance of the report, and ordered S. Journal, commits : #raz, 16 report, its recommitment. p. 10. HISTORY OF CONGRESS. 39 CHAP. I. Organization of Houses—Rules, &c. 1789. º On the 28th of April, the committee made a second report, in 1st Session. - ++ the following terms:— Second re. “When a message shall be sent from the Senate to the House S. Journal, port. of Representatives, it shall be announced at the door of the P. 17. - house, by the door-keeper, and shall be respectfully communi- cated to the chair, by the person by whom it may be sent. “The same ceremony shall be observed, when a message shall H. Journal, be sent from the House of Representatives to the Senate. p. 2 “Messages shall be sent by such persons as a sense of pro- priety, in each house, may determine to be proper.” Accepted This report was agreed to by the House of Representatives; s. Journal, } *... but, after being read in the Senate, it was ordered to lie for con- P. ſ. aid on ta- . - H. Journal, ble by Se-sideration. And, on the 1st of May, the Senate refused to ac- p. 31. nate—re- - - S. Journal, i. ſ. cept the report. - P. º New mo. A motion was then made-º That when a messenger shall tion. come from the House of Representatives to the Senate, and shall be announced by the door-keeper, the messenger shall be received at the bar of this house, by the secretary, and the bill, or paper, that he may bring, shall there be received from him by the se- cretary, who shall deliver it to the president of the Senate,” New com- which was committed to Messrs. Ellsworth, Lee, and Read; and Ibid. mittee. - - - - this committee were instructed to report a mode of sending pa- pers, bills, and messages, from the Senate to the House of Re- presentatives. And, on the 2d of May, the Senate came to the following resolution:— Mode pro “ Agreed—That, until a permanent mode of communication Ibid. º shall be adopted between the Senate and House of Representa- nate. tives, the Senate will receive messages by the clerk of the house, if the house shall think proper to send him; and papers sent from the house, shall be delivered to the secretary, at the bar of the Senate, and by him be conveyed to the president.” ºpº. of The committee appointed by the Senate on the 1st, made their Id. p. 21, W COm- - mittee.” report on the 4th of May; and on the 7th, the first paragraph thereof was accepted, whereupon— Accepted, “Ordered—That, when a messenger shall come from the Id, p. 22. sº. * House of Representatives to the Senate, and shall be announced by the door-keeper, the messenger, or messengers, being a mem- ber, or members, of the house, shall be received within the bar, the president rising, when the message is by one member, and the Senate also, when it is by two or more; if the messenger be not a member of the house, he shall be received at the bar, by 40 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. 1st gongress, the secretary, and the bill, or papers, that he may bring, shall 1st Session. Report sleeps in House of Represen- tatives. Mode a- dopted. Mode of re- ceiving messages, &c., from President. House committee, Senate committee. Report. Agreed to by house. Senate COIncul’S. House e- lects ser- geant-at- arms and chaplain. Committee on keeping and distri- buting Journals. there be received from him by the secretary, and be by him de- livered to the president.” - This order was sent to the House of Representatives, on the 10th of May, where it appears to have slept during the remain- der of the session; and all the messages, to the end of the ses- sion, were carried from the Senate to the House of Representa- tives, by Mr. Otis, the secretary of the Senate: and, from the House of Representatives to the Senate, by Mr. Beckley, the clerk of the House of Representatives. - On the 25th of May, the house appointed Messrs. Partridge, Floyd, and Thatcher, a committee, to confer with any commit- tee which may be appointed by the Senate, on the proper me- thod of receiving into either house, bills or messages from the President of the United States.” The Senate, on the following day, appointed Messrs. Lee and Izard, to be a committee on their part. - This committee made a report on the 29th of May, which was amended by the House of Representatives, and agreed to, in the following form:— º “That, until the public offices are established, and the re- spective officers appointed, any returns of bills and resolutions, or other communications, from the President, may be received by either house, under cover, directed to the president of the Senate, or speaker of the House of Representatives, as the case may be, and transmitted by such person as the president may think proper.” On the same day, this report was transmitted to the Senate, and received the concurrence of that body. On the 12th of May, the house elected Joseph Wheaton, to be their sergeant-at-arms. The Rev. William Linn had been appointed chaplain to the House of Representatives, on the 1st of May. - On the 14th of April, the Senate appointed Messrs. Read, H. Journal, p. 40. S. Journal, p. 29. H. Journal, p. 43. S. Journal, p. 29. H. Journal, p. 26, 34. S. Journal, Ellsworth, and Lee, a committee, “to consider of the utility of P.1% printing the Journals weekly, and furnishing the members with copies; and to determine the mode of keeping the Journals.” On the 25th, the committee received a farther instruction, “to consider whether the minutes be amended, so as to record only the act, as it may be agreed on, after the Journal shall be read, on the day following.” On the 19th, this committee reported in the following terms:– - Id. p. 16. HISTORY OF CONGRESS. 41 CHAP. I. Organization of Houses—Rules, &c. 1789. 1st Congress. 1st Session. Reports. Journals of late Con- gress to be furnished to mem- bers. Motion to enter pro- test, nega- tived. Order to Send Jour- nals to exe- cutives and legisla- tures of States, - “That one hundred and twenty copies of the Journals of the S. Journal, legislative proceedings only be printed once a month, com-Pº". mencing the first publication from the 1st day of June next: and that each member be furnished with a copy; that the proceed- ings of the Senate, when they shall act in their executive capa- city, shall be entered and kept in separate and distinct books. “That every vote of the Senate shall be entered on the Jour- nals; and that a brief statement of the contents of each petition, memorial, or paper, presented to the Senate, be also inserted on the Journals. “That the Journals, previously to each publication, be revised by a committee, to be appointed, from time to time, for that purpose.” This report was accepted. On the 28th of May, the House of Representatives adopted H. Journal, the following resolution:- That every such member of the Pº present Congress, as is not yet furnished with a set of the Jour- nals of the late Congress, shall, on application to the keeper of the records and papers, of the said late Congress, be entitled to receive a complete set of such Journals.” And this resolution - S. Journal, received the concurrence of the Senate, on the 8th of June. p. 32. A motion was made in the Senate, on the 17th of July— “That, on the final question upon a bill or resolve, any mem- Id, p. 42. ber shall have a right to enter his protest, or dissent, on the Journal, with reasons in support of such dissent: provided the same be offered within two days after the determination on such final question.” - This motion was negatived. On the 29th of September, the house adopted the following order:— “Ordered—That it shall be the duty of the secretary of the H. Journal, Senate, and clerk of the house, at the end of each session, to P.” send a printed copy of the Journals thereof, respectively, to the Supreme executives, and to each branch of the legislature of every state.” And this order was, on the same day, concurred in by the Se- S. ºnal, nate. p. 94, The Senate, on the 13th of May, came to the following or- der:- - - Wol. I.-6 2 HISTORY OF CONGRESS. Ch Ap, I. - Organization of Houses—Rules, &c. 1789. 1st gongress. “Ordered—That Mr. Langdon, Mr. Strong, and Mr. Carroll, S. Journal, st Session. - - *** - be a committee, to confer with any committee that may be ap- P. º. º pointed on the part of the House of Representatives, and report concerning what newspapers the members of the Senate and House of Re- supply of - - - - .” i.” presentatives shall be furnished with at the public expense pers. On the 15th, the House of Representatives passed the follow- ing order:- House “Ordered—That Mr. Silvester, Mr. Winkoop, and Mr. Smith, H. Journal, º, of South Carolina, be a committee, to confer with the committee P. 35. appointed by the Senate, to report what newspapers the mem- bers of Congress shall be furnished with at the public expense: Additional and that it be our instruction to the said committee, on the part * of this house, to receive proposals for printing the Acts, and other proceedings of Congress; and to report thereupon.” Senate On the 16th, the Senate agreed to give a similar instruction S. Journal, ñº. to the committee, on their part, and various petitions from print- P. 26. tion. ers, presented to the Senate, were referred to the committee of the Senate. This joint committee having made two reports, in the follow- ing terms:– Report I. “That, in their opinion, public economy requires that the H. Journal, * expense heretofore incurred by the public, of supplying every p. 42. pers. member of Congress with all the newspapers, printed at the seat of Congress, should be retrenched in future. But, as your com- mittee consider the publication of newspapers to be highly be- neficial in disseminating useful knowledge throughout the United States, and deserving of public encouragement, they recom- mend that each member of Congress be supplied, at the public expense, with one paper, leaving the choice of the same to each member; and that it be the duty of the secretary of the Senate, and clerk of the House of Representatives, to give the neces- sary directions to the different printers, to furnish each member with such paper as he shall choose. Report II. “That it would be proper that it should be left to the se- ibid. .* cretary of the Senate, and clerk of the House of Representa- tives, to contract with such person as shall engage to execute the printing and binding business, on the most reasonable terms; z the paper being furnished by the said secretary and clerk, to such person, at the public expense. That such person as they shall contract with, shall be obliged to render a state of his ac- counts, quarterly, and that six hundred eopies of the Acts of HISTORY OF CONGRESS, 43 CHAP. L. 1st Congress. 1st Session. House re- jects one report. Adopts the other. Senate a- mends, and House a- grees. Resolution of house to prefix Con- stitution to Acts. Senate COIncurs. House committee. Enrolment of bills, &c. Senate committee. Committee reports, *- House a- dopts reso- lutions, Organization of Houses—Rules, &c. Congress, and seven hundred copies of the Journals, be printed and distributed to the executive and judicial, and heads of de- partments, of the government of the United States, and the exe- cutive, legislative, and judicial of the several states.” The House of Representatives took up these reports for con- sideration, on the 28th of May, and the first report was disa- greed to, and the second was agreed to, in the amended form in which it appears. On the 2d of June, the Senate concurred with the House in their decision, as to these two reports, after amending the second report, by inserting, after the words “dis- tributed to the,” the words “members of the legislature, to the.” This amendment received the concurrence of the House of Representatives, on the 3d of June. On the 6th of July, the House of Representatives adopted the following resolution:- “Resolved—That there be prefixed to the publication of the acts of the present session of Congress, a correct copy of the Constitution of government for the United States. And the Senate, on the same day, concurred in the resolu- tion. The House of Representatives, on the 7th of May, appointed H. Journal, Messrs. Bland, Trumbull and Vining, a committee to confer with any committee to be appointed on the part of the Senate, in pre- paring and reporting joint rules to be established between the two houses, for the enrolment, attestation, publication, and pre- servation of the acts of Congress, as also on the mode of present- ing addresses, bills, votes, or resolutions, to the President of the United States.” On the same day, the Senate appointed Messrs. Langdon, Read, and Henry, to be a committee on their part for the same purpose. This committee reported to the Senate on the 14th of May, and to the House of Representatives on the 15th, and the report was considered by the house in committee of the whole, and, on the 27th of July, the following resolutions were reported and agreed to:— 1789. H. Journal, p. 42. S. Journal, p. 30. H. Journal, p. 44. Id. p. 58. S. Journal, p. 39. p. 30. S. Journal, p. 23. Id. p. 26. H. Journal, p. 35. “Resolved—That it is the opinion of this committee, that the H. Journal, following ought to be established joint rules between the two P. 9% ºf houses, to wit:— “That, while bills are on their passage between the two houses, they shall be on paper, and under the signature of the secretary, or clerk of each house, respectively. - - 44 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. Chap. I. . gº “After a bill shall have passed both houses, it shall be duly - enrolled on parchment, by the clerk of the House of Represen- tatives, or the secretary of the Senate, as the bill may have ori- ginated in the one or the other house, before it shall be present- ed to the President of the United States. “When bills are enrolled, they shall be examined by a joint committee, of one from the Senate, and two from the House of Representatives, appointed as a standing committee for that pur- pose, who shall carefully compare the enrolment with the en- grossed bills, as passed in the two houses, and, correcting any er- rors that may be discovered in the enrolled bills, make their re- port forthwith to the respective houses. “After examination, and report, each bill shall be signed, in the respective houses, first, by the speaker of the House of Re- presentatives, and then by the president of the Senate. “After a bill shall have thus been signed in each house, it shall be presented, by the said committee, to the President of the United States, for his approbation, it being first endorsed, on the back of the roll, certifying in which house the same originated; which endorsement shall be signed by the secretary, or clerk, as the case may be, of the house in which the same did originate; and shall be entered on the journals of each house. The said com- mittee shall report the day of presentation to the President, which time shall also be carefully entered on the Journal of each house. “All orders, resolutions, and votes, which are to be presented to the President of the United States, for his approbation, shall, also, in the same manner, be previously enrolled, examined, and signed; and shall be presented in the same manner, and by the Same committee, as provided in case of bills. “That when the Senate and House of Representatives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience chamber, by the president of the Senate, in the presence of the speaker, and both houses. Resolu: “Resolved—That it is the opinion of this committee, that a com- |. º: mittee ought to be appointed to prepare, and bring in, a bill, or sºlvation bills, to provide, without the establishment of a new department, ofactº * for the safe keeping of the acts, records, and seal, of the United States; for the authentication of records, and papers, for esta- blishing the fees of office to be taken, for commissions, and for copies of records and papers; for making out and recording commissions, and prescribing their form; and to provide for the due publication of the acts of Congress.” º HISTORY OF CONGRESS. 45 CHAP. I. Organization of Houses—Rules, &c. 1789. ; gº. On the 6th of August, the Senate concurred in all the resolu- s. Journal, s. tions relating to the joint rules; and the house appointed Messrs. p. 54. concurs. Sedgwick, Mathews, and Wynkoop, a committee, pursuant to º: the second resolution; to prepare and bring in a bill or bills. H. Journal, committee - - - to prepare And, on the 31st of July, the committee reported a bill, which P. 67. ". was read a first time, and, after passing through the intermedi- º ate stages, was passed on the 27th of August. On the 31st of 1d. p. 69, Passed. August, this bill received its first reading in the Senate, and, aſ 99, 91. - º ter being considered and amended, passed that body on the 7th S. Journal, . i. of September. And on the 8th of September, the house having %%. 69, House concurred in the amendments of the Senate, the bill finally id. p. 104. C011CUITS, passed. Joint.com. On the 31st of July, the House of Representatives appointed Id. p. 50. .º Messrs. White and Partridge on their part, and the Senate ap- bills ap- pointed, on their part, Mr. Wingate, to be a joint committee, to * examine and present to the President of the United States, the enrolled bills that may pass the Senate and House of Represen- ºnal tatives from time to time. p. 09. Senate A committee, consisting of Messrs. Morris, Carroll, Langdon, S. Journal, ..". Read, and Lee, having been appointed by the Senate, on the P. " communi- 3d of June, to consider, and report the mode of communicating º the acts of Congress to the several states in the Union, and the number necessary for that purpose,” that committee reported on Commit- the following day, and the Senate adopted the following reso- tee report. lution:— Resolution “Resolved—That, in ten days after the passing of every act of tº. Congress, during the present session, or, until some other regula- tion shall be adopted, twenty-two printed copies thereof, signed by the secretary of the Senate, and clerk of the House of Re- presentatives, and certified by them to be true copies of the ori- ginal act, be lodged with the President of the United States, and that he be requested to cause to be transmitted, two of the said copies, so attested as aforesaid, to each of the Supreme execu- tives in the several states.” House And, on the 5th of June, the House of Representatives con- H. Journal, * curred with the Senate in this resolution. p. 46. House On the 13th of April, the House of Representatives elected, by Id, p. 13. º ballot, Messrs. Clymer, Ames, Benson, Carroll, White, Hunting- tions. ton, and Gilman, a standing committee of elections. Petition of On the 15th of April, a petition of David Ramsay, of the state Id, p. 14, º of South Carolina, was presented to the house, setting forth that 15. º of Mr. William Smith, a member returned to serve in this house, as . Smith. 46 HISTORY OF CONGRESS. CHAP. I. - Organization of Houses—Rules, &c. 1789. #gº one of the representatives for the state of South Carolina, was, at * the time of his election, ineligible thereto, and came within the disqualification of the third paragraph of the new Constitution, which declares, “that no person shall be a representative, who shall not have been seven years a citizen of the United States;” - and praying that these allegations may be inquired into by the house. - “Ordered—That the said petition be referred to the committee of elections, and that the said committee do report a proper mode of investigation, and deciding thereupon.” The committee reported on the 18th of April, and, on the 29th, the report was amended, to read as follows:— Report “That, in this case, it will be sufficient, in the first instance, H. Journal, * that a committee take such proofs as can be obtained in this city, P. º. respecting the facts stated in the petition, and report the same to the house:—That Mr. Smith be permitted to be present, from time to time, when such proofs are taken, to examine the wit- nesses, and to offer counter proofs, which shall, also, be received by the committee, and reported to the house:—That, if the proofs, so to be reported, shall be declared, by the house, insuffi- cient to verify the material facts stated in the petition, or such other facts as the house shall deem proper to be inquired into, it will then be necessary for the house to direct a farther inquiry, especially the procuring whatever additional testimony may be supposed to be in South Carolina, as the case may require:- That all questions, arising on the proofs, be decided by this house, without any previous opinion thereon, reported by a committee.” The house then adopted the following resolution:— Resolution. “Resolved—That this house doth agree to the said report, and that it be an instruction to the committee of elections, to proceed accordingly.” On the 12th of May, the committee of elections made the fol. lowing report:- Committee “That Mr. Smith appeared before them, and admitted that he H. Journal, * * had subscribed, and had caused to be printed, in the State Ga- p. 33. zette, of South Carolina, of the 24th of November last, the publi- cation which accompanies this report, and to which the petitioner doth refer, as proof of the facts stated in his petition: That Mr. Smith also admitted that his father departed this life in the year 1770, about five months after he sent him to Great Britain; - HISTORY OF CONGRESS, 47 - CHAP. I. Organization of Houses—Rules, &c. 1789. #gº. that his mother departed this life about the year 1760, and that *— he was admitted to the bar of the Supreme Court, in South Ca- rolina, in the month of January, 1784. - “The committee also report the following counter proofs, pro- duced by Mr. Smith, namely, printed copies of the following acts of the legislature of the state of South Carolina:-An act, enti- tled ‘An act to oblige every free male inhabitant of this state, above a certain age, to give assurance of fidelity and allegiance to the same, and for other purposes, therein mentioned;’ passed the 28th of March, 1778–An act, entitled ‘An act disposing of certain estates, and banishing certain persons, therein mentioned;’ passed the 26th day of February, 1782–An act, entitled “An act to alter and amend an act, entitled ‘An act for disposing of certain estates, and banishing certain persons; passed at Jack- sonburgh, in the state of South Carolina, on the 26th day of Fe- bruary, in the year 1782;’ passed in March, 1783.”—An act, en- titled ‘An act to confer the right of citizenship on aliens; passed the 26th of March, 1784.—Also, an ordinance of the legislature of the said state, entitled ‘An ordinance to encourage subjects of foreign states to lend money, at interest, on real estate, within this state;’ passed the 26th of March, 1784.—A certified copy of an extract from an act of the legislature of that state, entitled - ‘An act for raising, and paying into the public treasury of this state, a tax, for the uses therein mentioned; passed the 9th of - September, 1779,-and a printed copy of the constitution of South Carolina.-Also, a certificate from John Edwards and Wil- - . . liam Hoit, commissioners of the treasury of that state, under the seal of office.” Laid on ta. The house then ordered the report to lie on the table. On the H. Journal, ble. 21st and 22d, it was farther considered; and, on the last named P. 34. day, the following resolution was agreed to:— Resolution “Resolved—That it appears to this house, upon full and mature of house. consideration, that the said William Smith had been seven years a citizen of the United States, at the time of his election.” While this resolution was pending, Mr. Smith gave a full and C Lloyd's succinct history of the causes which had led to his detention in .."ºne. Europe, for so long a period, as to give a pretext for the denial of gisteryol. his eligibility, as a representative in Congress. He also stated, §. 383– that he had been elected a member of the South Carolina legis- lature, in twelve months after his return from Europe; and, in the next year, to other offices, to which none, whose right of ci- tizenship was contestible, could have been elected. After Mr. 48 HISTORY OF CONGRESS. CHAP. T. 1st Congress. 1st Session. -- Ayes and 110CS, Petitions from New Jersey a- gainst elec- tions. Referred, Counter petitions. Report. Organization of Houses—Rules, &c. Smith had closed his statement and reasoning, the house was ad- dressed, in succession, by Mr. Lee, Mr. Thatcher, Mr. Madison, Mr. Boudinot, and Mr. Tucker, who unanimously approved of the satisfactory manner in which the allegations of the petitioner had been answered. The ayes and noes being required, the decision was recorded, as follows:— Ayes–Messrs. Abraham Baldwin, Egbert Benson, Elias Boudi- not, Lambert Cadwalader, Daniel Carroll, George Clymer, Isaac Coles, Benjamin Coutee, Thomas Fitzsimons, William Floyd, Ni- cholas Gilman, Benjamin Goodhue, Daniel Heister, Benjamin Huntington, John Lawrance, Richard Bland Lee, George Leo- nard, Samuel Livermore, James Madison, jr., Andrew Moore, Peter Muhlenberg, John Page, Jeremiah Van Rensselaer, Joshua Seney, James Schureman, Thomas Scott, Thomas Sinnickson, William Smith, of Maryland, Jonathan Sturges, Peter Silvester, George Thatcher, Jonathan Trumbull, Thomas Tudor Tucker, John Wining, Alexander White, and Henry Wynkoop.–36. JNo—Jonathan Grout. —1. On the 28th of April, the speaker laid before the house a let- ter from Matthias Ogden, referring to sundry petitions, annexed thereto, from a number of citizens of New Jersey, complaining of illegality in the late election of representatives for that state, to this House. This letter and petitions were referred, on the following day, to the committee of elections, with an instruction to report a proper mode of investigation and decision thereupon. Counter petitions were presented, on the 12th of May, from other citizens of New Jersey, and referred to the same committee; and, on the 15th of May, other petitions, of the same tenor, were pre- sented and referred. The committee reported, on the 21st of May; and, on the 25th, the house amended the report, to read as follows:– “That it will be proper to appoint a committee, before whom the petitioners are to appear, and who shall receive such proofs and allegations as the petitioners shall judge proper to offer, in support of their said petitions; and who shall, in like manner, re- ceive all proofs and allegations, from persons who may be de- sirous to appear and be heard, in opposition to the said petition, and to report to the house all such facts as shall arise from the proofs and allegations of the respective parties.” The house then adopted the following resolution:- 1789. H. Journal, p. 39, 40. Id. p. 23. Ibid. Id. p. 33. Id. p. 35. Id. p. 39. Id. p. 40. HISTORY OF CONGRESS. -49 Chap. I. Organization of Houses—Rules, &c. 1789. Ist Congress. 1st Session. Resolution of house. Committee report. Laid on ta- ble. Farther re- port. “Resolved—That this house doth agree with the committee H. Journal, in the said report, and that it be an instruction to the said com- P. “ mittee of elections to proceed accordingly.” On the 14th of July, the committee made a report, which was . Id. p. 60, considered on the following day, and ordered to lie on the table. 61. On the 18th of August, the committee made a farther report, as Id. p. 83. follows:— “That the committee, pursuant to the instruction to them, contained in the resolution of the 25th of May, relative to the petitions of a number of citizens of the State of New Jersey, complaining of the illegality of the election of the members of this house, as elected within that state, do ascertain the following facts, as arising from the proofs, to wit:— “ 1st. That the elections for members of this house, held with- in that state, in consequence of an act of the Legislature thereof, entitled “An act for carrying into effect, on the part of the state of New Jersey, the Constitution of the United States, assented to, ratified, and confirmed, by this state, on the 18th day of De- cember, 1787;’ passed the 21st day of November, 1788, were closed in the several counties of Bergen, Morris, Monmouth, Hamilton, Somerset, Middlesex, Sussex, Salem, Cape May, Cumberland, Burlington, and Gloucester; and the lists of the se- veral persons voted for, and the number of votes taken for each, were received by the governor, at the respective times, appear- ing from the said lists, and the endorsements thereon; which lists accompany this report. 2d. That the election in the county of Essex, the remaining county in the state, closed on the 27th of April, and the list was received by the governor on the 3d of May. “3d. That in consequence of a summons from the governor, (a copy whereof accompanies this report,) dated the 27th of Feb- ruary, to four members of the council, a privy council, consisting of the governor, and the four members so summoned, did assem- ble at Elizabethtown, on the 3d of March; and, being so assem- bled, Mr. Haring, another member of the council, received a note from the governor, (a copy whereof accompanies this re- port) in consequence whereof, Mr. Haring did then, also, attend the privy council, as a member thereof. “4th. That the governor then appointed another meeting of the privy council, to be held on the 18th of March, at which day, the governor, and eleven members of the council, did as- semble, and did then determine, from the lists of the twelve WoL. I.-7 50 HISTORY OF CONGRESS. - CHAP. I. Organization of Houses—Rules, &c. 1789. 1st gongress, counties specified in the first fact above stated, the four mem- 1st Session. - - --- bers now holding seats in this house, the four persons elected members of this house within that state; against which determi- nation of the council, three of the members, then present, did pro- test; and a protest (a copy whereof accompanies this report) was, with the consent of the council, delivered in to the council, in form, on the subsequent day. - “5th. That there was no determination of the governor and privy council, in the premises, until the 18th of March. - “ 6th. That the governor did, on the 19th of March, issue a proclamation, (a copy whereof accompanies this report.)” This report was then laid on the table; and, on the 2d of Sep- tember, the house, having resumed the consideration of this sub- ject, adopted the following resolution:- Resolution “Resolved—That it appears to this house, upon full and ma- H. Journal, of house, ture consideration, that James Schureman, Lambert Cadwalader, P. * Elias Boudinot, and Thomas Sinnickson, were duly elected, and returned to serve in this house, as representatives for the state of New Jersey, in the present Congress of the United States.” On the 4th of August, the following resolution was adopted in the House of Representatives:– º “Resolved—That a committee be appointed to join with a d. p.m. ... t."... committee of the Senate, to be appointed for that purpose, to con- "...” sider of, and report when it will be convenient and proper that an adjournment of the present session of Congress should take place; and to consider and report such business now before Congress, necessary to be finished before the adjournment, and such as may be conveniently postponed to the next sessions; and, also, to con- sider and report such matters not now before Congress, but which it will be necessary should be considered and determined by Congress before an adjournment.” Commit. And Messrs. Wadsworth, Carroll, and Hartley, were appoint- tee. ed to compose said committee on the part of the house. On the following day, this resolution received the Concurrence S. Journal, Senate of the Senate, who, on their part, appointed Messrs. Strong, P. * * Ellsworth, and Carroll, to be - - 2 2 a committee on their part, for the Report, purposes therein stated. This joint committee reported to the Id. p. 56. Senate on the 10th of August, and to the house on the 11th, H. Journal, and the report was, in both houses, ordered to lie on the table. P. 7° The House of Representatives, on the 24th of August, came to the following resolution:— House re- - - soil.". “Resolved—That the president of the Senate, and speaker of Id, p. 89. HISTORY OF CONGRESS. 51 Chap. I. Organization ofHouses—Rules, &c. 1789. 1st congress the House of Representatives, do adjourn their respective houses 1st Session. - - Hº- on the twenty-second day of September next, to meet again on adjourn 22 sººd, the first Monday of December next. Senate The Senate concurred in this resolution, on the following day. S. Journal, concurs. In the mean time, however, two bills, which were deemed of P. * importance, were brought into the House of Representatives, the final action on which could not be had by the 22d of September. Accordingly, on that day, the House of Representatives agreed to the following order:— House ex- “Ordered—That the order of the twenty-fifth of August, di- H. Journal, º, the recting the president of the Senate, and speaker of the House, to * 118. adjourn their respective houses on this day, be rescinded; and in- stead thereof, that they be directed to close the present session, by adjourning their respective houses on the twenty-sixth instant.” Senate And this order was concurred in by the Senate, on the same S. Journal, * day. But on the 26th, the business before the Senate being in * 85. such a condition as to render adjournment, at that time, inexpe- dient, the Senate adopted the following resolution:- Senate ex- “Resolved—That the order of the 22d instant, directing the Id, p. 89. *...* president of the Senate, and speaker of the House of Represent- atives, to adjourn their respective houses on this day, be re- scinded; and instead thereof, that they be directed to close the present session, by adjourning their respective houses on the 29th instant.” House con- The house concurred in this resolution. The Senate, on the H. Journal, Curs- same day, agreed to the following resolution:— p. 125. Senate re. “Resolved—That Messrs. Johnson and Izard be a commit- S. Journal, i. tee on the part of the Senate, together with such committee as p. 90. sident, may be appointed on the part of the House of Representatives, to wait on the President of the United States, and acquaint him that Congress have agreed upon a recess on the 29th instant.” House con- On the 28th, this resolution was acquiesced in by the House H. Journal, Cul's. of Representatives, who appointed Messrs. Vining, Lee, and * 126. Gilman, to be a committee, on their part, for the purpose therein mentioned. This committee having performed the duty assigned to them, the President, on the 29th of September, communicated to the Senate a message, of which the following is a copy:- “ Gentlemen of the Senate: Message “Having been yesterday informed, by a joint committee of S. Journal, º, *: both houses of Congress, that they had agreed to a recess, to com-Pº". Senate, mence this day, and to continue until the first Monday of Janu- ary next, I take the earliest opportunity of acquainting you, 52 HISTORY OF CONGRESS. CHAP. I. Organization of Houses–Rules, &c. - 1789. #º that, considering how long and laborious this session has been, and the reasons which, I presume, have produced this resolution, it does not appear to me expedient to recommend any measures to their consideration, at present, or now to call your attention, gentlemen, to any of those matters in my department, which re- quire your advice and consent, and yet remain to be despatched. “GEORGE WASHINGTON. “ United States, September 29, 1789.” Message to A message, similar in its import, was transmitted, on the same H. Jºurnal house day, to the House of Representatives. And after the disposal p. 129. of sundry business, the House agreed to the following order:- Message “Ordered—That a message be sent to the Senate, to inform Id. p. 130 #. º, them that this House, having completed the business before senate, them, are now about to proceed to close the present session, by an adjournment on their part; agreeably to the order of the 26th instant; and that the clerk of this House do go with the said message.” - Adjourn. The two houses then adjourned to the first Monday in January ment. next. Bill to alter On the 21st of September, the House of Representatives had, Id. p. 116. . *... on motion, granted leave to bring in a bill to alter the time of ing of Con- the annual meeting of Congress, and Mr. Jackson was instructed * to prepare the same. The bill was reported, and received its House, first reading on that day. On the 22d, the bill was read a se- Id, p. 118. cond time, and committed. The bill passed through committee d. p. 119. of the whole, where it was amended. It was then ordered to Id. p. 120 be engrossed, and on the 24th, the bill passed the house, with the title so amended, as to read “An act to alter the time for Senate pass the next meeting of Congress.” On the 24th, the bill received s. Journal ** its first reading in the Senate, and passed through all the other P. “ 89, stages on the following day. - During the whole of this session, the two houses occupied H. Journal apartments in the City Hall of New York. On the 7th of p. 8. April, the speaker laid before the House of Representatives a gity Hall letter from the mayor of the city of New York, covering cer. *..." tain resolutions of the mayor, aldermen, and commonalty of the said city, appropriating the City Hall for the accommodation of the general government of the United States. A letter was also communicated to the Senate, on the 6th of April, from James Order of Duane, esq., enclosing similar resolutions. On the 13th, this let-s: Journal i.e., ter was referred to a committee of the Senate, consisting of P. " 11, thereupon. Messrs. Lee, Ellsworth and Few, which committee reported on HISTORY OF CONGRESS. 53 CHAP. I. -- Organization of Houses—Rules, &c. 1789. #gº. the 14th of April, when the Senate adopted the following or- - der:- - “Ordered—That the following letter be written to the mayor of the city of New York, by the president, and that nothing farther, for the present, be done in the business. “JNew York, April 14th, 1789. SIR, - - Letter in “The Senate have considered the letter that you were s. Journal, º pleased to address to their house, on the 6th instant; and they P. 11. Senate, entertain a proper sense of the respect shown to the general go- vernment of the United States, by providing so commodious a building for the accommodation of Congress, as the mayor, al- dermen, and commonalty of the city have appropriated for that use. The appointment of Mr. Skaats to the care of the public hall, would be very agreeable to the Senate; but, in their idea, such appointment must depend upon a legislative act for cre- ating the office, and then the officer to fill it will come constitu- tionally from the nomination of the President of the United States, with the approbation of Senate. In the mean time, the Senate have no objection to the mayor and aldermen appointing such person to the care of the hall, as they deem worthy of such trust. “I have the honour to be, &c. “Signed by the President of the Senate. “The Hon. JAMEs DUANE.” Senate On the 9th of May, the Senate appointed Messrs. Few, Ma- Id. p. 24. º clay and Strong, a committee to view the apartments in the City TOOmS. Hall, and to confer with any committee, that might be appointed by the House of Representatives for that purpose, and to report House how the same should be appropriated. And, on the 11th of May, H. Journal, * Messrs. White, Scott, and Sturges, were appointed by the House P. 33. of Representatives a committee for the same purpose. A report w was made to the Senate, by this committee, on the 17th and 19th of June, in part, as follows:– Committee “That the two rooms on the first floor, in the south-west an- S. Journal, ** gle of the said Hall, are not necessary for the accommodation of P. * Congress, and that the mayor of the city be notified thereof, that the said rooms may be occupied by such persons as the corpora- tion may employ to take charge of the building.” - * Agreed to. The report was agreed to by the Senate, and concurred in by H. Journal, the House, on the 22d of June. p. 30. 54 HISTORY OF CONGRESS. into a committee of the whole house, to take into consideration CHAP. I. Organization of Houses—Rules, &c. 1789. #º: An attempt was made, however, at this session of Congress, to H. Journal, establish a permanent seat of government. The advantages, p. 36. Permanent - - - - - - seat of go. which would necessarily result to the district of country in vernment which the seat of the general government should be established, were too obvious to permit this point to be settled, without com- petition and controversy. Accordingly, it appears from the Jour- nals, that, so early as the 15th of May, Mr. White, a represen- offer of tative from Virginia, “presented to the house, a resolve of the Virginia. legislature of that state, of the 27th of December, 1788, offer- ing to the acceptance of the federal government, ten miles square of territory, or any lesser quantity, in any part of that state which Congress may choose, to be occupied and possessed by the United States, as the seat of the federal government.” offer of And, on the 16th of the same month, “Mr. Seney, one of the Ibid. Maryland. representatives from Maryland, presented to the house, an act of the legislature of that state, offering to the acceptance of Congress, ten miles square of territory, in any part of the said state, for the seat of the federal government.” Proposi. On the 22d of August, several memorials of the inhabitants Id. p. 87. . º of Trenton, in the state of New Jersey; and of the boroughs of sey and Lancaster and Yorktown, in the state of Pennsylvania, were ºwlva- presented to the house, and read, respectively praying that the permanent seat of Congress may be established at the same.” And, in the Senate, on the same day, the memorial of John S. Journal, Cox and others, citizens of the state of New Jersey, and of the P. 62. state of Pennsylvania, praying that the future seat of govern- ment might be established on the banks of the Delaware, and proposing a cession of a tract of land of ten miles square, was pre- sented, with a draft of the said tract of land. On the 27th of August, the following resolution was submit- H. Journal, ted to the consideration of the House of Representatives:– p. 92. House “Resolved—That a permanent residence ought to be fixed for . the general government of the United States, at some conveni- ject. ent place, as near the centre of wealth, population, and extent of territory, as may be consistent with convenience to the navi- gation of the Atlantic Ocean, and having due regard to the par- ticular situation of the western country.” This resolution was taken up for consideration on the 3d of Id. p. 96. September, the house having, on motion,-- * “Resolved—That this house will immediately resolve itself Ch.A.P. I. HISTORY OF CONGRESS. Organization of Houses—Rules, &c. --- º º 55 1st Congress. 1st Session. Resolu- tions re- ported. First reso- lution a- greed to. Second re- solution. Motion to amend. Ayes and I10es, the motion, presented on Thursday last, for establishing the per- manent residence of Congress.” 1789. Mr. Boudinot then took the chair of the committee, and the H. Journal, , subject was considered and discussed daily, in committee, until P. 97. the 5th, on which day the committee reported sundry resolutions. The house, on the 7th, took up these resolutions for considera- tion, when the first resolution was agreed to, in the words fol- lowing:— “Resolved—That the permanent seat of the government of the United States, ought to be fixed at some convenient place, as near the centre of wealth, population and extent of territory, as may be consistent with convenience, to the navigation of the Atlantic Ocean, and having due regard to the particular situa- tion of the western country.” The second resolution, as reported by the committee of the whole, was in the words following: “Resolved—That the permanent seat of the government of the United States, ought to be at some convenient place, on the east bank of the river Susquehannah, in the state of Pennsylvania, and that, until the necessary buildings be erected for the purpose, the seat of government ought to continue at the city of New York.” A motion was made to amend this resolution, by striking out the words, “East bank of the river Susquehannah, in the state of Pennsylvania,” and inserting, in lieu thereof, the words, “North bank of the river Potomac, in the state of Maryland.” The ayes and noes being taken on this motion to amend, it was decided as follows:– Ayes—Messrs. A. Baldwin, T. Bland, J. Brown, E. Burke, D. Carroll, J. Coles, B. Coutee, G. Gale, S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, W. Smith, of South Carolina, M. J. Stone, T. Sumpter, T. T. Tucker, and J. Wining—21. -- Noes—Messrs. F. Ames, E. Benson, E. Boudinot, L. Cadwalader, G. Clymer, T. Fitzsimons, W. Floyd, A. Foster, E. Gerry, N. Gil- man, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, J. Lawrance, S. Livermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Seney, R. Sherman, P. Silvester, T. Sinnickson, W. Smith, of Maryland, G. Thatcher, J. Trumbull, J. Wadsworth, and H. Wynkoop.–29. Ibid. Id. p. 98. Ibid. 56 - HISTORY OF CONGRESS. Chap. I. Organization of Houses—Rules, &c. - 1789. lºgº. A motion was then made to strike out the word “permanent;” H. Journal 1st Session. also, after the words “ought to be at,” to strike out to the end of P* - m...". the resolution, and to insert, in lieu thereof, “the borough of Wil- amend. mington, in the state of Delaware.” The ayes and noes being taken on this motion to amend, it was decided as follows:– Ayes and Ayes–Messrs. A. Baldwin, T. Bland, E. Boudinot, E. Burke, º p.98, noes. L. Cadwalader, J. Coles, B. Coutee, S. Griffin, J. Jackson, R. B. * Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, T. Sinnickson, W. Smith, of South Carolina, T. Sumpter, and J. Vining.—19. - JVoes–Messrs. F. Ames, E. Benson, J. Brown, D. Carroll, G. Clymer, T. Fitzsimons, W. F loyd, A. Foster, G. Gale, E. Gerry, N. Gilman, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, P. Muhlenberg, G. Par- tridge, J. Van Rensselaer, T. Scott, J. Seney, R. Sherman, P. Sil- vester, W. Smith, of Maryland, M. J. Stone, G. Thatcher, J. Trumbull, T. T. Tucker, J. Wadsworth, and H. Wynkoop.–32. Another A motion was then made to strike out the words, “East bank Id. p. 99. . ° of the river Susquehannah, in the state of Pennsylvania,” and to insert, in lieu thereof, the words, a Potomac, Susquehannah, or Delaware.” The ayes and noes being taken on this motion to amend, it was decided as follows:— Ayes and Ayes–Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, Ibid. noes. E. Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, S. Grif. fin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, T. Sinnickson, W. Smith, of South Carolina, M. J. Stone, T. Sumpter, T. T. Tucker, and J. Wining—23. Woes–Messrs. F. Ames, E. Benson, G. Clymer, T. Fitzsimons, W. Floyd, A. Foster, G. Gale, E. Gerry, N. Gilman, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Li- vermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Seney, R. Sherman, P. Silvester, W. Smith, of Mary- land, G. Thatcher, J. Trumbull, J. Wadsworth, and H. Wyn- koop.–28. Another A motion was then made to strike out the words, “East bank Ibid. . “of the river Susquehannah, in the state of Pennsylvania,” and to insert, in lieu thereof, the words, “banks of either side of the ri- yer Delaware, not more than eight miles above or below the lower falls of Delaware.” The ayes and noes being taken on this motion to amend, it was decided as follows:– History of congress. - 57 Ch.A.P. I. Organization of Houses—Rules, &c. 1789. #gº. Ayes–Messrs. E. Boudinot, L. Cadwalader, E. Gerry, and H. Journal, s ession. - - p. 100. Ayes and Thomas Sinnickson.—4. - In OCS, JVoes—Messrs. F. Ames, A. Baldwin, E. Benson, T. Bland, J. Brown, E. Burke, D. Carroll, G. Clymer, J. Coles, B. Coutee, T. Fitzsimons, W. Floyd, A. Foster, G. Gale, N. Gilman, B. Good- hue, S. Griffin, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Jackson, J. Lawrance, R. B. Lee, S. Livermore, J. Madison, jr., G. Mathews, A. Moore, P. Muhlenberg, J. Page, J. Parker, G. Partridge, J. Van Rensselaer, T. Scott, J. Seney, R. Sherman, P. Silvester, Wm. Smith, of Maryland, Wm. Smith, of South Ca- rolina, M. J. Stone, T. Sumpter, G. Thatcher, J. Trumbull, T. T. Tucker, J. Wadsworth, and H. Wynkoop.–46. Another A motion was then made to strike out the words “East bank,” Ibid. . to and insert, in lieu thereof, the word “banks.” The ayes and noes being taken on this motion to amend, it was decided as follows:— - Ayes and Ayes–Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, Ibid. In Oes. E. Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, J. Seney, T. Sinnickson, W. Smith, of Maryland, W. Smith, of South Carolina, M. J. Stone, T. Sump- º ter, T. T. Tucker, and J. Wining.—26. - JVoes—Messrs. F. Ames, E. Benson, G. Clymer, T. Fitszimons, W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, P. Muhlenberg, G. Partridge, J. Wan Rensselaer, T. Scott, R. Sherman, P. Silvester, G. Thatcher, J. Trumbull, J. Wadsworth, and H. Wynkoop.–25. Another A motion was then made to amend the resolution, by inserting, Id, p. 101. . * after the word “Pennsylvania,” the words, “ or Maryland.” The ayes and noes being taken on this motion to amend, it was decided as follows:— Ayes and Ayes—Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, * . E. Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, T. Sinnickson, W. Smith, of Mary- land, W. Smith, of South Carolina, M. J. Stone, T. Sumpter, T. T. Tucker, and J. Wining—25. Noes—Messrs. F. Ames, E. Benson, G. Clymer, T. Fitzsimons, W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Se- Vol. I-8 58 - - HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. #gº ney, R. Sherman, P. Silvester, G. Thatcher, J. Trumbull, J. - Wadsworth, and H. Wynkoop.–26. - Another A motion was then made to strike out the words, “City of New H. Journal ... to York,” and to insert, in lieu thereof, “Borough of Wilmington, P. * amend. - in the state of Delaware.” - The ayes and noes being taken on this motion to amend, it was decided as follows:– Ayes and Ayes–Messrs. A. Baldwin, T. Bland, E. Boudinot, J. Brown, E. Inoes, Burke, L. Cadwalader, D. Carroll, J. Coles, B. Coutee, G. Gale, S. Griffin, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, T. Sinnickson, T. Sumpter, and J. Wining.—21. JVoes.—Messrs. F. Ames, E. Benson, G. Clymer, T. Fitzsimons, W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Goodhue, J. Grout, T. Hartley, J. Hathorn, D. Heister, J. Lawrance, S. Livermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Se- ney, R. Sherman, P. Silvester, W. Smith, of Maryland, W. Smith, of S. Carolina, M. J. Stone, G. Thatcher, J. Trumbull, T. T. Tucker, J. Wadsworth, and H. Wynkoop.–30. Another A motion was then made to strike out the word “New York,” Id. p. 102. . ° and to insert, in lieu thereof, the word & Philadelphia.” The ayes and noes being taken on this motion to amend, it was decided as follows:– Ayes and Ayes–Messrs. A. Baldwin, E. Boudinot, J. Brown, E. Burke, In Oes. L. Cadwalader, D. Carroll, J. Coles, B.Coutee, G. Gale, S. Griffin, D. Heister, J. Jackson, R. B. Lee, J. Madison, jr., G. Mathews, A. Moore, J. Page, J. Parker, T. Sinnickson, M. J. Stone, T. Sump- ter, and J. Vining—22. - JVoes–Messrs. F. Ames, E. Benson, T. Bland, G. Clymer, T. Fitzsimons, W. Floyd, A. Foster, E. Gerry, N. Gilman, B. Good- hue, J. Grout, T. Hartley, J. Hathorn, J. Lawrance, S. Livermore, P. Muhlenberg, G. Partridge, J. Van Rensselaer, T. Scott, J. Se- ney, R. Sherman, P. Silvester, W. Smith, of Maryland, W. Smith, of South Carolina, G. Thatcher, J. Trumbull, T. T. Tucker, J. Wadsworth, and H. Wynkoop.–29. Resolution The resolution was then agreed to, so amended as to read *ed to “on the banks of the river Susquehannah,” instead of “on the east bank.” ºº: The third resolution, as reported by the committee of the * p. 10% ution. 3. whole, was in the words following:— cº Resolved—That the President of the United States be au- thorized to appoint three commissioners, to examine and report HISTORY OF CONGRESS. 59 CHAP. I. Organization of Houses—Rules, &c. 1789. 1st Congress. 1st Session. Motion to add provi- 80, to him the most eligible situation on the banks of the Susquehan- nah, in the state of Pennsylvania, for the permanent seat of go- vernment of the United States: that the said commissioners be authorized, under the direction of the President, to purchase such quantity of land as may be thought necessary, and to erect thereon, within four years, suitable buildings for the accommo- dation of the Congress, and of the officers of the United States: that the secretary of the treasury, together with the commis- sioners so to be appointed, be authorized to borrow a sum not exceeding one hundred thousand dollars, to be repaid within twen- ty years, with interest, not exceeding the rate of five per cent. per annum, out of the duties on impost and tonnage, to be ap- plied to the purchase of the land, and the erection of the build- ings aforesaid; and that a bill ought to pass in the present ses- sion, in conformity with the foregoing resolutions.” A motion was then made, to amend this resolution, by insert- ing, after the word “aforesaid,” the following proviso: “Provided, nevertheless, That, previously to any such purchase or erection of buildings, as aforesaid, the legislatures of the states of Pennsylvania and Maryland make such provision for re- moving all obstructions to the navigation of the said river, be- tween the seat of the federal government, and the mouth there- of, as may be satisfactory to the President of the United States.” The ayes and noes being taken on this motion to amend, it was decided as follows:– Ayes–Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader, Carroll, Coles, Coutee, Gale, Jackson, Lee, Madison, jr., Ma- thews, More, Page, Parker, Seney, Sinnickson, Smith, of Mary- land, Smith, of S. Carolina, Stone, Sumpter, Tucker, and Wi- ning—24. - JVoes—Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd, Fos ter, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, Lawrance, Livermore, Muhlenberg, Partridge, Van Rensselaer, Scott, Sherman, Silvester, Thatcher, Trumbull, Wadsworth, and Wynkoop.–25. - , The third resolution was then agreed to, in the form in which it was reported by the committee, by the following vote:- Ayes–Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd, Fos- ter, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, Lawrance, Livermore, Muhlenberg, Partridge, Van Rensselaer, Scott, Seney, Sherman, Silvester, Smith, of Maryland, Stone, Thatcher, Trumbull, Wadsworth, and Wynkoop.–28. H. Journal, p. 103. Ayes and In OCS, Resolution agreed to. Ayes and I10CS, Ibid. Id. p. 103, 104, 60 - HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1789. #gº. JVoes—Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader, Carroll, Coles, Coutee, Gerry, Jackson, Lee, Madison, jr., Ma- thews, Moore, Page, Parker, Sinnickson, Smith, of South Caro- lina, Sumpter, Tucker, and Wining—21. Committee The house then ordered a bill or bills to be brought in, pur- H. Journal tº prepare suant to the foregoing resolutions, and Messrs. Ames, Lawrance, * 104. bill. and Clymer, were instructed to prepare and bring in the same. petition. A petition was presented to the house, on the 8th of Septem- Ibid. from ber, from sundry inhabitants of Georgetown, in the state of George- - - town. Maryland, containing an offer to put themselves and fortunes under the exclusive jurisdiction of Congress, in case that town should be selected as the permanent seat of the government of the United States.” - - Bill re. On the 14th of September, the committee appointed for that H. Journal, Ported purpose, introduced into the house a bill to establish the seat of P.110.11% government of the United States, which was read a first time, - received its second reading, and was committed on the following day, and, on the 17th, was considered in committee, and report- Progress ed to the house with amendments, which were read and agreed Id. 116, : gº to on the same day. On the 21st, the bill was ordered to be en- 117. grossed, and was passed, on the 22d, by the following vote:– Ayes and ºffyes–Messrs. Ames, Baldwin, Benson, Clymer, Coutee, H. Journal, 1106S. Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Grout, p. 117,118, Hartley, Hathorn, Jackson, Lawrance, Leonard, Livermore, Muhlenberg, Partridge, Van Rensselaer, Scott, Seney, Sherman, Silvester, Smith, of Maryland, Stone, Thatcher, Trumbull, Wadsworth, and Wynkoop.–31. - Noes—Messrs. Bland, Boudinot, Burke, Cadwalader, Carroll, Coles, Lee, Madison, jr., Mathews, Moore, Parker, Schure- man, Smith, of South Carolina, Sumpter, Tucker, Vining, and White.—17. offer of In the Senate, on the 21st of September, Mr. Morris, on be- s. Journal º half of the senators from Pennsylvania, introduced a resolve of p. 83. in Phila- the General Assembly of that state, of March the 5th, 1789, delphia. making “a respectful offer to Congress of the use of any, or all the public buildings in Philadelphia, the property of the state, &c., in case Congress should, at any time, incline to make choice of that city for the temporary residence of the federal govern- ment.” Bill in Se- The act to establish the seat of government of the United S. Journal, nate. States, was read a first time in the Senate, on the 22d of Sep- P. 85. Read tember. On the following day, the bill received a second read- twice. ing. On the 24th, the bill being under consideration, a motion - HISTORY OF CONGRESS. 61 wº-y Ch.A.P. I. Organization of Houses—Rules, &c. 1789. 1st Congress. was made to strike out the words, “in the state of Pennsylva- . nia,” after the word “Susquehannah.” The question being sºjournal, .." taken by yeas and nays, it was decided as follows:— p. 86, 87. Yeas—Messrs. Bassett, Butler, Carroll, Grayson, Gunn, Hen- ry, Izard, and Lee.—8. Nays—Messrs. Dalton, Ellsworth, Johnson, King, Maclay, Morris, Paterson, Read, Schuyler, and Wingate.—10. A motion was then made to strike out the words, “at some convenient place on the banks of the river Susquehannah, in the state of Pennsylvania;” and the question being taken by yeas and nays, it was decided, the first time, in the negative; but a motion for reconsideration, on the ground that the question was not un- derstood, being made and agreed to, the question was again taken by yeas and nays, and decided as follows:– - Yeas—Messrs. Bassett, Butler, Dalton, Ellsworth, Grayson, Gunn, Lee, Morris, Paterson, Read, and Wingate.—11. Nays—Messrs. Carroll, Henry, Johnson, Izard, King, Ma- clay, and Schuyler.—7. A motion to insert, in the room of the words stricken out, the words, “at some convenient place on the northern banks of the river Potomac,” was then made, and decided in the negative. It was then moved to restore these words, “at some conve- nient place on the banks of the river Susquehannah.” Upon which, a motion was made to postpone that motion, and to sub- stitute a motion to fill the blank with these words, “in the counties of Philadelphia, Chester, and Bucks, and state of Penn- Sylvania, including within it the town of Germantown, and such part of the Northern Liberties of the city of Philadelphia, as are not excepted by the act of cession, passed by the legisla- ture of the said state.” The motion to postpone being carried in the affirmative, the question was taken by yeas and nays, on the motion substituted, and decided as follows:— Yeas—Messrs. Bassett, Dalton, Ellsworth, King, Morris, Pater- son, Read, Schuyler, and Wingate.—9. JVays—Messrs. Butler, Carroll, Grayson, Gunn, Henry, John- son, Izard, Lee, and Maclay.—9. The numbers being equal, the Vice-President determined the Moti question in the affirmative. - 10ns to amend, On the 25th, the consideration of the bill having been resumed, s. Journal, a motion was made to strike out the words, “And that, until the P. 88. necessary buildings shall be erected thereon, the seat of govern- 62 HISTORY OF CONGRESS. CHAP. T. Organization of Houses–Rules, &c. 1789. 1st Congress, ment shall continue at New York;” and, the question being taken, 1st Session. by yeas and nays, it was decided as follows:– Yeas—Messrs. Butler, Carroll, Grayson, Gunn, Henry, Lee, and Maclay.—7. Nays—Messrs. Bassett, Dalton, Ellsworth, Johnson, Izard, King, Morris, Paterson, Read, Schuyler, and Wingate-11. A motion was then made to amend the second section, to read as follows:– “And be it further enacted, That the President of the United States be authorized to appoint three commissioners, who are, under his direction, to locate a district, not exceeding ten miles square, in the said counties, and including therein the said Nor- thern Liberties, and town of Germantown; and to purchase such quality of land within the same, as may be necessary; and to ac- cept grants of lands, for the use of the United States; and to erect thereon, within four years, suitable buildings for the accom- modation of the Congress, and of the officers of the United States.” And this motion passed in the affirmative. A motion was then made, which also passed in the affirmative, to strike out the two last sections, and to substitute the following: “Provided, That no powers, hereinvested in the President of the United States, shall be carried into effect, until the state of Pennsylvania, or individual citizens of the same, shall give satis- factory security to the secretary of the treasury, to furnish and pay, as the same may be necessary, one hundred thousand dollars, to be employed in erecting the said buildings.” Passage of The bill was then ordered to be read a third time, to-morrow. S. Journal, bill. Accordingly, on the 26th of September, the bill came again be. P. * fore the Senate, on the question of its passage, when, after an unsuccessful motion to postpone the further consideration thereof, the question was taken, by yeas and nays, on the passage of the bill, and decided as follows:– Yeas—Messrs. Bassett, Dalton, Ellsworth, Johnson, King, Mor- ris, Paterson, Read, Schuyler, and Wingate.—10. JWays—Messrs. Butler, Carroll, Grayson, Gunn, Henry, Izard, and Lee.—7. House mo- The bill having been sent to the House, for the concurrence of H.Journal, ºne. that body, in the amendments made by the Senate, a motion was Pº” made, in the House of Representatives, on the same day, “That the consideration of the Senate's amendment to the bill, be post- HISTORY OF CONGRESS. 63 Chap. I. Organization of Houses—Rules, &c. 1789. lºgº poned until the next session of Congress.” The question being taken, by ayes and noes, it was decided as follows:— Ayes and Ayes–Messrs. Baldwin, Bland, Brown, Burke, Carroll, Coles, In Oes. Coutee, Gale, Gerry, Griffin, Jackson, Lee, Madison, jr., Mathews, Moore, Page, Parker, Schureman, Seney, Smith, of Maryland, Smith, of S. Carolina, Stone, Sumpter, Tucker, and White.—25. JWoes—Messrs. Ames, Benson, Boudinot, Cadwalader, Clymer, Fitzsimons, Floyd, Foster, Gilman, Goodhue, Grout, Hartley, Ha- thorn, Heister, Lawrance, Leonard, Livermore, Muhlenberg, Par- tridge, Van Rensselaer, Scott, Sherman, Silvester, Sinnickson, Thatcher, Trumbull, Wining, Wadsworth, and Wynkoop.–29. House a- On the 28th, the amendment of the Senate was again consi- H. Journal, º se dered, and a motion was made to amend the Senate's amend- p. 126,127. mendment, ment, by adding to the end thereof the following words:– “And provided, That nothing herein contained shall be con- strued to affect the operation of the laws of Pennsylvania, within the district ceded and accepted, until Congress shall otherwise provide, by law.” This question, being taken by ayes and noes, was decided as follows:— Ayes and Ayes–Messrs. Ames, Benson, Cadwalader, Clymer, Fitzsi- Iloes, mons, Floyd, Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, Huntington, Lawrance, Leonard, Livermore, Muhlenberg, Partridge, Van Rensselaer, Schureman, Sherman, Scott, Silvester, Sinnickson, Thatcher, Trumbull, Wining, Wads- worth, and Wynkoop.–31. - JVoes—Messrs. Baldwin, Bland, Boudinot, Brown, Burke, Car- roll, Coles, Coutee, Gale, Griffin, Jackson, Lee, Madison, jr., Ma- thews, Moore, Page, Parker, Seney, Smith, of Maryland, Smith, of South Carolina, Stone, Sumpter, Tucker, and White.—24. ºpºne. The amendment thus made by the House to the amendment s. Journal, ment of - 93 bii inse of the Senate, being sent up to the Senate for concurrence, a P. 99. nate. motion was made in the latter body, that the farther considera- tion of the bill be postponed to the next session of Congress: and this motion passed in the affirmative. º of Previously to their adjournment, the two houses appointed a H. Journal, ing ... joint committee to wait on the President, “to request that he p. 123. mended - - - *...” would recommend to the people of the United States a day of S. Journal, public thanksgiving and prayer to be observed, by acknowledging, p. 90. with grateful hearts, the many and signal favours of Almighty God, especially by affording them an opportunity peaceably to 64 HISTORY OF CONGRESS CHAP. I. Organization of Houses—Rules, &c. I789. #gº. establish a constitution of government for their safety and hap- s eSSIOrl. piness.” - The committee consisted, on the part of the House, of Messrs. Boudinot, Sherman, and Silvester; and, on the part of the Se- nate, of Messrs. Johnson and Izard. SIE COND SESSION. lºgongress. ON Monday, the 4th day of January, the two houses reassem- 1790. 2d Session. - bled at the city of New York. Congress Ten members only of the Senate having answered to their * names on the first day, the Senate adjourned for want of a quo- rum. On the 6th, a quorum was present, the following Sena- tors appearing in their places:— - - SENATORS, SENATORS. Senators John Langdon William Maclay,+PENNsy LVANIA. S. Journal, present, and {sº HAMPSHIRE. p. 101. Paine Wingate, John Henry, MARYLAND. Caleb Strong Ralph Izard and MASSACHUSETTS, and South CARolina. Tristram Dalton, Pierce Butler, Wm. S. Johnson, CoxNECTICUT. William Few, GEORGIA, Rufus King, and NEW YORK, Philip Schuyler In the House of Representatives, a quorum did not appear until the 7th of January, when the following members were present:- REPRESENTATIVES. REPRESENTATIVES. Represen- Abiel Foster, Egbert Benson, H. Journal, tatives pre- Nicholas Gilman, NEW HAMPSHIRE. William Floyd, NEw York. p.133, 134, Sent. Samuel Livermore, John Lawrance, Jere. Van Rensselaer, Fisher Ames, i.". º Benj. Goodhue, MASSACHUSETTS, Peter Muhlenberg, PENNSYLVANIA. Jonathan Grout, George Partridge, Thomas Scott, J George Thatcher, Joshua Seney 2 - Daniel Carroll, : MARYLAND. Roger Sherman, Jonathan Sturges, :* Elias Boudinot, Jeremiah Wadsworth, |James Schureman, ; NEw JERSEY. HISTORY OF CONGRESS. 65 Chap. I. Organization of Houses—Rules, &c. 1790. 1st Congress. REPRESENTATIVES. REPRESENTATIVES. **— John Brown, Edanus Burke, Isaac Coles Daniel Huger, - º. John Page. VIRGINIA William Smith, SouTH CAROLINA Sent P* Richardīānd Lee, - Thos. T. Tucker, - Samuel Griffin, Abrah aldwi Alexander White raham B Yº - > George Mathews, GEORGIA. Senate On the 6th of January, the Senate appointed Messrs. Strong S. ſºul. .."... and Izard to be a committee on their part, to join such commit- * * President, tee as the House of Representatives might appoint, to inform the President of the United States, that a quorum of the two houses is assembled, and will be ready, in the senate chamber, at such time as the President may appoint, to receive any com- munications he may be pleased to make. House The house, in concurrence with this resolution, appointed, on H. Journal, committee. the following day, Messrs. Gilman, Ames, and Seney, to be a committee on their part. - p. 134. Messages Messages, communicating the information of the presence of s. Journal, between - . 101. i." of a quorum, were interchanged by the two houses. #. Journal, p. 134. The following resolution was agreed to by the House of Repre- sentatives, on the 7th of January:- House a “Resolved—That two chaplains, of different denominations, grees to - - elect chap- be appointed to Congress, for the present session, one by each lains. house, who shall interchange weekly.” - Senate On the same day, the Senate concurred, and elected the Right i. Reverend Dr. Samuel Provost to be chaplain of the Senate. On House the following day, the House of Representatives elected the elects. Reverend Dr. William Linn, to be their chaplain. º On the 8th, the President of the United States, according to two house, an intimation previously communicated to the joint committee of the two houses, came into the senate chamber, whither the House of Representatives had been previously invited by the Senate, and, in the presence of Congress, made the following address:— - Ibid. S. Journal, p. 102. H. Journal, p. 136. H. Journal, p. 135,136. S. Journal, p. 102,103, 104. “Fellow Citizens of the Senate, and House of Representa- tives:— jº « I embrace, with great satisfaction, the opportunity which now Presents itself, of congratulating you on the present favour- able prospects of our public affairs. The recent accession of the important state of North Carolina to the Constitution of the United States, (of which official information has been received :) WoL. I.-9 66 HISTORY OF CONGRESS, CHAP. I. Organization of Houses—Rules, &c. isºgongress, the rising credit and respectability of our country, and the gene- 2d Session. Speech of President. rally increasing good-will towards the government of the Union, and the concord, peace, and plenty, with which we are blessed— are circumstances auspicious, in an eminent degree, to our nation- al prosperity. - - “In resuming your consultations for the general good, you cannot but derive encouragement from the reflection, that the measures of the last session have been as satisfactory to your constituents as the novelty and difficulty of the work allowed you to hope. Still further to realize their expectations, and to secure the blessings which a gracious Providence has placed within our reach, will, in the course of the present important session, call for the cool and deliberate exertion of your patriotism, firm- ness, and wisdom. “Among the many interesting objects which will engage your attention, that of providing for the common defence will merit particular regard. To be prepared for war is one of the most effectual means of preserving peace. “A free people ought not only to be armed, but disciplined: to which end, a uniform and well digested plan is requisite: and their safety and interest require, that they should promote such manufactories as tend to render them independent on others for essential, particularly for military supplies. “The proper establishment of the troops, which may be deemed indispensable, will be entitled to mature consideration. In the arrangements which may be made respecting it, it will be of importance to conciliate the comfortable support of the of. ficers and soldiers, with a due regard to economy. “There was reason to hope that the pacific measures adopted with regard to certain hostile tribes of Indians, would have re- lieved the inhabitants of our southern and western frontiers from their depredations. But you will perceive, from the informa- tion contained in the papers which I shall direct to be laid before you, (comprehending a communication from the commonwealth of Virginia,) that we ought to be prepared to afford protection to those parts of the Union, and, if necessary, to punish ag- gressors. - “The interests of the United States require, that our inter- course with other nations should be facilitated by such provi- sions as will enable me to fulfil my duty, in that respect, in the manner which circumstances may render most conducive to the public good: and, to this end, that the compensations to be made to the persons who may be employed, should, according to the 1790. HISTORY OF CONGRESS. 67 Chap. I. Organization of Houses–Rules, &c. 1790. 1st congress, nature of their appointments, be defined by law: and a compe- 2d Session. . - Speech of President. tent fund designated for defraying the expenses incident to the conduct of our foreign affairs. “Various considerations, also, render it expedient, that the terms on which foreigners may be admitted to the rights of citi- zens, should be speedily ascertained by a uniform rule of natu- ralization. “ Uniformity in the currency, weights, and measures of the United States, is an object of great importance, and will, I am persuaded, be duly attended to. " “The advancement of agriculture, commerce, and manufac- tures, by all proper means, will not, I trust, need recommenda- tion. But I cannot forbear intimating to you, the expediency of giving effectual encouragement, as well to the introduction of new and useful inventions from abroad, as to the exertions of skill and genius in producing them at home; and of facilitating the intercourse between the distant parts of our country, by a due attention to the post office and post roads. “Nor am I less persuaded that you all agree with me in opin- ion, that there is nothing which can better deserve your patronage than the promotion of science and literature. Knowledge is, in every country, the surest basis of public happiness. In one in which the measures of government receive their impression so im- mediately from the sense of the community, as in ours, it is pro- portionably essential. To the security of a free constitution it con- tributes in various ways: by convincing those who are intrusted with the public administration, that every valuable end of govern- ment is best answered by the enlightened confidence of the peo- ple; and by teaching the people themselves to know, and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burdens proceeding from a disregard to their convenience, and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness; cherishing the first, avoiding the last; and uniting a speedy, but temperate, vigilance against encroachments, with an inviolable respect to the laws. “Whether this desirable object will be best promoted by af. fording aid to seminaries of learning already established; by the institution of a national university; or by any other expedients, will be well worthy of a place in the deliberations of the le- gislature. - - 68 HISTORY OF CONGRESS. CHAP. T. - Organization of Houses—Rules, &c. 1790. 1st Congress. “ Gentlemen of the House of Representatives:– 2d Session. - - “I saw, with peculiar pleasure, at the close of the last ses- Speech of I." Sion, the resolution entered into by you, expressive of your opi- nion, that an adequate provision for the support of the public credit, is a matter of high importance to the national honour and prosperity. In this sentiment I entirely concur. And, to a perfect confidence in your best endeavours to devise such a pro- vision as will be truly consistent with the end, I add an equal reliance on the cheerful co-operation of the other branch of the legislature. It would be superfluous to specify inducements to a measure, in which the character and permanent interests of the United States are so obviously and so deeply concerned, and which have received so explicit a sanction from your declaration. “ Gentlemen of the Senate and House of Representatives:– “I have directed the proper officers to lay before you, re- - spectively, such papers and estimates, as regard the affairs par- ticularly recommended to your consideration, and necessary to convey to you that information of the state of the Union which it is my duty to afford. “The welfare of our country is the great object to which our cares and efforts ought to be directed; and I shall derive great satisfaction from a co-operation with you, in the pleasing, though arduous task, of ensuring to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal government. “GEORGE WASHINGTon. “ United States, January 8, 1790.” N .". sentatives had retired, the Senate ordered the speech to be printed, P. *W* and appointed Messrs. King, Izard, and Paterson, a committee to prepare and report the draft of an answer to it. On the 9th, the House of Representatives went into committee of the whole house on the speech, a copy of which was laid before the house by the speaker, and the committee having reported the following resolution— - Senate As soon as the President and members of the House of Repre- S. Journal 10 ... re. “Resolved—That it is the opinion of this committee that an ad- H. Journal ... dress ought to be presented, by the house, to the President of the P. " mittee, United States, in answer to his speech to both houses, with as- Surances that this house will, without delay, proceed to take into their serious consideration the various and important matters recommended to their attention:” - HISTORY OF CONGRESS. 69 Chap. I. Organization of Houses—Rules, &c. lºgº. The House agreed to the same, and appointed Messrs. Smith, Session. - T of South Carolina, Clymer, and Lawrance, a committee to pre- pare such address. On the 11th, Mr. King, from the Senate committee, reported the following address to the President, which was accepted by the Senate:— Address of “To the President of the United States:– Senate. “Sir—We, the Senate of the United States, return you our thanks for your speech, delivered to both houses of Congress. The accession of the state of North Carolina to the Constitu- tion of the United States, gives us much pleasure; and we offer you our congratulations on that event, which, at the same time, adds strength to our Union, and affords a proof that the more the Constitution has been considered, the more the good- ness of it has appeared. The information which we have re- ceived, that the measures of the last session have been as satis- factory to our constituents as we had reason to expect, from the difficulty of the work in which we were engaged, will afford us much consolation and encouragement, in resuming our delibe- rations, in the present session, for the public good; and every ex- ertion, on our part, shall be made to realize, and secure to our country, those blessings which a gracious Providence has placed within her reach. We are persuaded that one of the most ef. fectual means of preserving peace, is to be prepared for war; and our attention shall be directed to the objects of common de- fence, and to the adoption of such plans as shall appear the most likely to prevent our dependence on other countries for essential supplies. In the arrangements to be made, respecting the esta- blishment of such troops as may be deemed indispensable, we shall, with pleasure, provide for the comfortable support of the 1790. S. Journal, p. 104,105. officers and soldiers, with a due regard to economy. We regret that the pacific measures adopted by government, with regard to certain hostile tribes of Indians, have not been attended with the beneficial effects towards the inhabitants of our southern and western frontiers, which we had reason to hope; and we shall cheerfully co-operate in providing the most effectual means for their protection, and, if necessary, for the punishment of aggres- sors. The uniformity of the currency, and of weights and mea- sures; the introduction of new and useful inventions from abroad, and the exertions of skill and genius in producing them at home; the facilitating the communication between the distant parts of our country, by means of post offices and post roads; a provision 70 - HISTORY OF CONGRESS. CHAP. T. Organization of Houses–Rules, &c. 1790, gº for the support of the department of Foreign Affairs; and a uni- form rule of naturalization, by which foreigners may be admit- ted to the rights of citizens, are objects which shall receive such early attention as their respective importance requires. Litera- ture and science are essential to the preservation of a free Consti- tution: the measures of government should, therefore, be calcu- lated to strengthen the confidence that is due to that important truth. Agriculture, commerce, and manufactures, forming the basis of the wealth and strength of our confederated republic, must be the frequent subject of our deliberations, and shall be ad- vanced by all proper means in our power. Public credit being an object of great importance, we shall cheerfully co-operate in all proper means for its support. Proper attention shall be given to such papers and estimates as you may be pleased to lay before us. Our cares and efforts shall be directed to the welfare of our country; and we have the most perfect dependence upon your co-operating with us, on all occasions, in such measures as will ensure to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal government.” Address of Senate. Address The President having fixed the 14th as the day when he S. Jourº presented would receive this address, in obedience to an order of the Se- p. 105,106. nate, the Vice-President, on that day, attended by the Senate, waited on the President, at his own house, and, in their name, delivered the address. “To which, the President of the United States was pleased to make the following reply:- President’s “Gentlemen: I thank you for your address, and for the as- reply. surances which it contains of attention to the several matters suggested by me to your consideration. “Relying on the continuance of your exertions for the public good, I anticipate for our country the salutary effects of upright and prudent counsels. “ G. WASHINGTON.” The committee of the House of Representatives reported, on the 12th of January, an address, which received the unanimous acquiescence of the house, in the following words:– Address of “SIR: The representatives of the people of the United States H. Journal * have taken into consideration your speech to both houses of P* 140, Congress, at the opening of the present session. “We reciprocate your congratulations, on the accession of the state of North Carolina; an event which, while it is a testimony of the increasing good will towards the government of the Union, cannot fail to give additional dignity and strength to the Ameri- HISTORY OF CONGRESS. 71 CHAP, I. - Organization of Houses—Rules, &c. 1790. 1st Congress. 2d Session. Address of House. can republic, already rising, in the estimation of the world, in national character and respectability. “The information that our measures of the last session have not proved dissatisfactory to our constituents, affords us much en- couragement at this juncture, when we are resuming the arduous task of legislating for so extensive an empire. “Nothing can be more gratifying to the representatives of a free people, than the reflection that their labours are rewarded by the approbation of their fellow citizens. Under this impres- sion, we shall make every exertion to realize their expectations, and to secure to them those blessings, which Providence has placed within their reach. Still prompted by the same desire to promote their interests, which then actuated us, we shall, in the present session, diligently and anxiously pursue those measures which shall appear to us conducive to that end. - “We concur with you in the sentiment, that agriculture, com- merce and manufactures, are entitled to legislative protection, and that the promotion of science and literature will contribute to the security of a free government: in the progress of our de- liberations, we shall not lose sight of objects so worthy of our re- gard. “The various and weighty matters, which you have judged necessary to recommend to our attention, appear to us essential to the tranquillity and welfare of the Union, and claim an early and most serious consideration. We shall proceed, without de- lay, to bestow on them that calm discussion which their impor- tance requires. “We regret that the pacific arrangements pursued with re- gard to certain hostile tribes of Indians, have not been attended with that success, which we had reason to expect from them; we shall not hesitate to concur in such farther measures, as may best obviate any ill effects which might be apprehended from the failure of those regulations. - “Your approbation of the vote of this house, at the last ses- sion, respecting the provision for the public creditors, is very ac- ceptable to us. The proper mode of carrying that resolution into effect, being a subject in which the future character and happiness of these states are deeply involved, will be among the first to deserve our attention. “The prosperity of the United States is the primary object of all our deliberations; and we cherish the reflection that every measure which we may adopt for its advancement, will not only receive your cheerful concurrence, but will, at the same time, 72 HISTORY OF CONGRESS. CHAP. I. Organization of Houses–Rules, &c. 1790. is congress derive from your co-operation, additional efficacy, in ensuring to **— our fellow citizens the blessings of a free, efficient, and equal i.” of government’ 5 Address On the 14th, in conformity with an arrangement made by the H. º presented committee, the speaker, attended by the house, presented this p. 140. address to the President of the United States, at his own house, when the President made the following reply:- president’s “ Gentlemen: I receive with pleasure the assurances you give reply. me, that you will diligently and anxiously pursue such measures as shall appear to you conducive to the interest of your consti- tuents: and that an early and serious consideration will be given º to the various and weighty matters recommended by me to your attention. “I have full confidence that your deliberations will continue to be directed by an enlightened and virtuous zeal for the hap- piness of our country. << G. WASHINGTon.” House On the 7th of January, the House of Representatives appoint- Id, p.1% º: ed a committee, consisting of Messrs. Boudinot, Sherman, and ofbusiness. White, to examine the Journal of the last session, and to report therefrom all such matters of business as were then depending and undetermined. And on the 11th, this committee made their report, as follows:— Report. “It appears to your committee, that the several petitions of * p. 13ſ. David Ramsay, John Churchman, Alexander Lewis, Arthur Greer, Jedediah Morse, John Fitch, Englehart Cruse, Nicholas Pike, Samuel Briggs, John Christopher Stoebel, Leonard Har- baugh, Hannah Adams, Christopher Colles, David Greenleaf, John Macpherson, Abraham Westervelt, James Rumsey, and William Hoy, respectively praying for exclusive privileges, as authors or inventors of some useful work or discovery, were or- dered to lie on the table, and so remained during the session. “It farther appears to your committee, that the several peti- tions of Martha Walker, Duncan Campbell, Tristram Coffin, William Finnie, Englebert Kemmena, Thomasin Gordon, Pru- dent la Lenesse, Baron de Steuben, and Richard Hain, respec- tively praying to be compensated for military services, or for in- juries or losses sustained during the late war, were referred to the secretary of the treasury, to examine, and report upon to the present session. “It ſurther appears to your committee, that the several peti- HISTORY OF CONGRESS. 73 CHAP. I. Organization of Houses—Rules, &c. 1st Congress, tions of John M'Garragh, Dudley Tyler, Patrick Bennet, John 20 Session. Report. Hart, James Gibbons, Archibald M*Alister, Alexander Power, attorney for Colonel Fleuris’ regiment, Henry Malcolm, and Charles Markley, respectively praying to be compensated for military services rendered during the late war, were referred to the secretary of war, to examine, and report upon to the pre- sent session. “It further appears to your committee, that the several peti- tions of Andrew Newell and Seth Clarke, Sarah Parker, Bartlet Hinds, Robert Frazier, David Sturges, Richard Philips, James M“Clean, James Read, and Thomas Barclay, respectively pray- ing that certain claims which they exhibit against the United States, may be considered and allowed, were ordered to lie on the table, and so remained during the session. “It also appears to your committee, that the petition of Joseph Wheaton, sergeant-at-arms to this house, praying an inquiry into the charges exhibited against him in certain anonymous letters, was ordered to lie on the table; and so remained during the session. - “Your committee further report, that committees were ap- pointed to prepare, and bring in, the several bills following, to wit:— “A bill to establish a uniform system on the subject of bank- ruptcies, throughout the United States. “A bill for the further encouragement of the commerce and navigation of the United States. “A bill providing for the actual enumeration of the inhabi- tants of the United States. “Also, a bill providing a proper system of regulation for the militia of the United States.” Neither of which bills were reported during the session. “It also appears to your committee, that there were post- poned, by this house, for further consideration, until the present session, the several bills following, to wit:— “A bill to promote the progress of science, and useful arts, by securing to authors, and inventors, the exclusive right to their respective writings and discoveries. - “A bill for the establishment of hospitals for the relief of sick and disabled seamen; and prescribing regulations for the harbours of the United States. “A bill concerning the importation of certain persons, prior to the year one thousand eight hundred and eight. Wol. I-10 1790. 74 HISTORY OF CONGRESS- Ch.AP, I. Organization of Houses—Rules, &c. 1st Congress. 2d Session. Report. Senate committee on un- finished business. House committee. Report. Senate adopts. House ConCul'S. ** A bill to establish a land office in and for the Western Ter- ritory. “ Also, a bill sent from the Senate, entitled, “An act for the punishment of certain crimes against the United States.” “That the bill, entitled, ‘An act to establish the seat of go- vernment of the United States,’ was postponed by the Senate, for the further consideration of an amendment proposed by this house, until the present session. “And, lastly; That the report of the committee appointed to examine into the measures taken by Congress, and the state of Virginia, respecting lands reserved for the officers and soldiers of the said state, was postponed by this house, for further consi- deration, until the present session.” The Senate, on the 20th of January, adopted the following resolution:— “Resolved—That Messrs. Ellsworth, Maclay, and Henry, be a committee to confer with such committee as may be ap- pointed on the part of the House of Representatives, to consider and report, whether or not the business, began previously to the late adjournment of Congress, shall now be proceeded in as if no adjournment had taken place.” The House of Representatives, concurring in this resolution, appointed, on the same day, Messrs. Sherman, Thatcher, Hart- ley, White, and Jackson, to be a committee on their part. This joint committee reported to the two houses, on the 22d of January, “That the business unfinished between the two houses, at the late adjournment, ought to be regarded as if it had not been passed upon by either.” A motion was made to postpone the report of the commit- tee, in the Senate, on the 25th, but the motion did not pre- Vail; and the yeas and nays being called, on the question to agree to the report, it was decided as follows:– Yeas-Messrs. Butler, Dalton, Ellsworth, Few, Hawkins, Henry, Johnson, King, Schuyler, and Strong—10. Nays–Messrs. Bassett, Elmer, Izard, Langdon, Maclay, Mor- ris, Paterson, and Wingate.—8. On the same day, the House of Representatives concurred in this decision. The House of Representatives, on the 13th of January, agreed to the following order:-- 1790. S. Journal, p. 106. H. Journal p. 143. Id. p. 14 S. Journal p. 107. Ibid. H. J.ournal p. 140. House re- scinds rule. Ibid. HISTORY OF CONGRESS, 75 CHAP. Y. Organization of Houses—Rules, &c. 1790. 1st Congress. 2d Session. Speaker to appoint commit- tees. Senate committee to change rule as to reconsider- ation, Report and resolution, House committee on joint rules. Senate committee. “Ordered—That so much of the standing rules and orders of this house, as directs the mode of appointing committees, be re- scinded; and that, hereafter, it be a standing rule of the house, that all committees shall be appointed by the speaker, unless otherwise specially directed by the house; in which case, they shall be appointed by ballot; and if, upon such ballot, the num- ber required shall not be elected by a majority of the votes given, the house shall proceed to a second ballot, in which a plu- rality of votes shall prevail; and, in case a greater number than are required to compose or complete the committee shall have an equal number of votes, the house shall proceed to a further ballot or ballots.” The Senate, on the 23d of February, instructed a committee, S. Journal, consisting of Messrs. Hawkins, Langdon, and Few, to prepare and Pº” report a rule, determining in what cases a reconsideration of a vote of Senate shall be admissible. On the 24th, this committee reported, and on the following day the report was considered, amended, and accepted; whereupon, the Senate came to the fol- lowing resolution:- “Resolved—That, when a question has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for a reconsideration of it.” On the 29th of April, the House of Representatives adopted the following order:- - “Ordered—That a committee be appointed to consider and re- H. Journal, port, whether any, and what, additional rules are necessary for P. 29% regulating the proceedings of this house: and, that the said com- mittee do confer with any committee to be appointed on the part of the Senate, to consider and report, whether any, and what, further regulations are necessary for conducting the busi- ness between the two houses; and a committee was appointed of Mr. Sherman, Mr. Smith, of South Carolina, and Mr. Vining.” And the Senate, on the following day, concurring in this reso- s. Journal, lution, appointed Messrs. Lee, Izard, and Strong, a committee on P. 136, their part. On the 9th of June, a report was made to the house by this H. Journal, committee, and ordered to lie on the table. A report was also P. 386, S. made to the Senate, on the 10th of Jume, and the Senate agreed §: to the following resolution:- 76 HISTORY OF CONGRESS. CHAP, I. Organization of Houses—Rules, &c. 1790. º: “Resolved—That the Senate agree to the report, amended to eSSIon. read as follows:— * 1st. That, when a bill or resolution, which shall have passed in one house, shall be rejected in the other, notice thereof shall be given to the house in which the same shall have passed. “2d. When a bill or resolution, which shall have passed in one house, shall be rejected in the other, it shall not be brought in during the same session, without a notice of ten days, and leave of two-thirds of that house in which it shall be renewed. “ 3d. Each house shall transmit to the other all papers on which any bill or resolution shall be founded. “4th. After each house shall have adhered to their disagree- ment, a bill or resolution shall be lost.” Here this effort to amend the joint rules appears to have ter- minated, as there is no further record of proceedings on the sub- ject. On the 29th of April, the following motion was submitted to the Senate:— Motion to “That the doors of the senate chamber shall be open when S. Journal, º the Senate is sitting in their legislative capacity, to the end, that P. 135. such of the citizens of the United States as may choose to hear the debates of this house, may have an opportunity of so doing.” This resolution was considered, and negatived, on the following Id. p. 136. day. - Standing A standing committee of elections was appointed by the House H. Journal, itt - - - - ..". of Representatives, on the 1st of February, consisting of Messrs. P. * tions. Ames, Sherman, Benson, Sinnickson, Wynkoop, White, and Stone. Newspa. On the 3d of April, the house appointed a committee, consist- id. p. 187. - pers. ing of Messrs. Benson, Wadsworth, and Livermore, to report a provision for payment of the printers' accounts for newspapers, furnished for the use of Congress; and also a proper mode of re- gulating the future supply of newspapers, for the use of both houses.” - On the 9th, this committee made their report, which was taken up for consideration on the 14th; whereupon, Report. The first part of the said report, in the words following, to Id. p. 191. wit: “That the said accounts ought to be deemed as a part of 193, 194, the contingent expenses of the session, and to be credited and HISTORY OF CONGRESS. 77 Char. I. Organization of Houses—Rules, &c. 1790. *gº. paid as such,” was, on the question put thereupon, agreed to by Tº the house. The second part of the said report, in the words following, to wit: “That there be no further supply of newspapers for the use of the members of either house of Congress, at the public expense,” was, on the question put thereupon, disagreed to by the house. Books for By an order of the House of Representatives, of the 30th of Hºnºk Congress. April, a committee, consisting of Messrs. Gerry, Burke, and p.206. 249. White, was appointed to report a catalogue of books necessary for the use of Congress. And this committee, on the 23d of June, made a report and estimate, which were laid on the table. Death of On the 1st of June, information was communicated to the Id, p. 232. º house of the death of Theodoric Bland, one of the members for the state of Virginia, who died on that morning. The house, thereupon, adopted the following order:- Funeral “Ordered, That such members of the said state as are now * present, be appointed a committee to take order for superintend- ing the funeral of the said Theodoric Bland, and that this house will attend the same.” On the following day, the house adopted a resolution as fol- lows:– t º “Resolved, unanimously,–That the members of this house, 1On - - - º, from a sincere desire of showing every mark of respect due to the memory of Theodoric Bland, deceased, late a member there- of, will go in mourning for him one month, by the usual mode of wearing a crape round the left arm.” Id. p. 233. The Senate, on the same day, adopted the following resolu- tion:- Senate re. “Resolved—That the Senate will attend the funeral of Col. S. journal, º: ** Bland, late a member of the House of Representatives of the P. 150. neral, United States, at 5 o'clock, this afternoon.” There appears to have been no interruption to the business before either of the houses, in consequence of this casualty. The House of Representatives, on the 1st day of June, came to the following resolution:- House re- “Resolved—That all treaties made, or which shall be made, H. Journal . to and promulgated, under the authority of the United States, shall, p. 232. en - - - *. to from time to time, be published and annexed to their code of laws, laws by the secretary of state.” 2. 78 HISTORY OF CONGRESS, CHAP. T. Organization of Houses–Rules, &c. 1790. lºgº. On the 2d of June, the Senate concurred in this resolution. Senate concurs, government, was again brought before the House of Represen- Seat of go- tatives. And, on the same day, a bill was presented, with leave * to the Senate by Mr. Butler, and read a first time, entitled, “An act to determine the permanent seat of Congress, and the go- vernment of the United States.” The question which agitated the house on that day was, on the following motion— Place for Resolved—That Congress will meet and hold their next session next meet- at 35 Ing. On this resolution, the ayes and noes were demanded, and it was decided as follows:— Ayes–Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hart- ley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muh- lenberg, Page, Parker, Scott, Seney, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop.–32. Woes–Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, * Floyd, Foster, Gerry, Goodhue, Grout, Huger, Huntington, Law- rance, Leonard, Livermore, Partridge, Van Rensselaer, Schure- man, Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker.—27. A motion was then made, to amend the resolution, by insert- ing, after the word “Resolved,” the following words:– “That a permanent seat for the government of the United .." to States ought to be fixed at some convenient place on the banks * of the river Delaware, and”— An objection being taken to this motion, that it was not in order, º the speaker declared the motion not to be in order. From which Order, - - - and appeal 9Pinion of the chair, an appeal was made to the house by two . the members; and on the question—“Is the said motion in order?” 1Ouse. follows:— */es–Messrs. Benson, Boudinot, Burke, Coles, Floyd, Fos- nº." and ter, Gerry, Goodhue, Hathorn, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, jr., Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Thatcher, Trumbull, Tucker.—29. S. Journal ... On the 31st of May, the difficult question, as to the seat of P. 149. id. p. 148 H. Journal, p. 228. Id. p. 229. Id. p - 228, 229. -the question, the ayes and noes being called, was decided as HISTORY OF CONGRESS. 79 Chap. I. 1st Congress. 2d Session. Speaker's vote de- cides. Motion to commit. Ayes and 110CS, Motion to insert “Phi- ladelphia.” Motion to insert “or Balti- more.” Ayes and In Oes. Motion to insert “the city of Phi- ladelphia.” Organization of Houses—Rules, &c. Noes—Messrs. Ames, Ashe, Baldwin, Bloodworth, Brown, Cadwalader, Clymer, Coutee, Fitzsimons, Gale, Gilman, Griffin, Grout, Hartley, Heister, Jackson, Mathews, Moore, Muhlen- berg, Page, Parker, Scott, Sinnickson, Steele, Sumpter, Vining, White, Williamson, Wynkoop.–29. The members being equal, the speaker gave his vote in the negative. 1790. A motion was then made to commit the original motion to a H. Journal, committee of the whole house, and, the ayes and noes being Pº” called on this question, it was decided as follows:— Jºyes–Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, Floyd, Foster, Gerry, Grout, Hathorn, Huger, Huntington, Lawrance, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker.—25. Noes–Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Goodhue, Griffin, Hartley, Heister, Jackson, Lee, Leonard, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, Smith, of Maryland, Steele, Stone, Sumpter, Vi- ning, White, Williamson, Wynkoop.–35. A motion was then made to fill up the blank in the resolu- tion, with the words, “the city of Philadelphia.” And it was then moved to amend the amendment, by adding the words,- “ or Baltimore.” And the ayes and noes being called on the latter motion, it was decided as follows:— Jāyes—Messrs. Benson, Bloodworth, Burke, Floyd, Gerry, Grout, Hathorn, Huger, Jackson, Lawrance, Partridge, Van Rensselaer, Seney, Silvester, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tuc- ker.—22. Noes–Messrs. Ames, Ashe, Baldwin, Boudinot, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Foster, Gale, Gilman, Goodhue, Griffin, Hartley, Heister, Huntington, Lee, Leonard, Livermore, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Schureman, Scott, Sedgwick, Sher- man, Sinnickson, Steele, Vining, White, Williamson, Wyn- koop.–38. Id, p. 230. The question being then taken on the motion to fill the blank Id. p. 230, with the words, “the city of Philadelphia,” and the ayes and 231. noes being called, it was decided as follows:– 80 HISTORY OF CONGRESS. CHAP. I. - Organization of Houses—Rules, &c. 1790. 1st gongress. Ayes—Messrs. Ames, Ashe, Baldwin, Boudinot, Brown, Cad- 2d Session. -- walader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gil- *Y**nd man, Goodhue, Griffin, Hartley, Heister, Jackson, Lee, Leonard, In OCS, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Par- tridge, Scott, Seney, Sinnickson, Smith, of Maryland, Steele, Stone, Sumpter, Thatcher, Vining, White, Williamson, Wyn- koop.–38. Noes—Messrs. Ames, Benson, Bloodworth, Burke, Floyd, - Foster, Gerry, Grout, Hathorn, Huger, Huntington, Lawrance, Livermore, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith, of South Carolina, Sturges, Trumbull, Tuc- ker.—22. The resolution was then agreed to in its amended form, to read, - Resolution ** Resolved—That Congress shall meet and hold their next H. Journal *. * session at the city of Philadelphia.” p. 231. Senatepro- On the 24th of May, a similar resolution to that adopted by S. Journal ... ºn the House had been presented to the Senate, and its considera-P-144* and resolu- tion postponed until the 3d of June. The bill to determine the tion. permanent seat of Congress and the government of the United States, having been read a second time, on the 1st of June, was, on the 2d, committed to a committee, consisting of Messrs. - Butler, Johnson, Henry, Lee, and Dalton; and, on the same day, Id, p. 148, - the resolution which had passed the House of Representatives, 149. concerning the place of the next meeting of Congress, was re- ferred to the same committee. On the 7th of June, the com- mittee reported the bill; and, on the 8th, the Senate proceeded to the consideration of the resolution and the bill, after an in- - Question effectual motion to postpone the former. The question to con- Id, p. 15% *..." cur in the resolution of the house, was then taken by yeas and 152. resolution - negatived, nays, and decided as follows:– - - Yeas-Messrs. Bassett, Carroll, Elmer, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.—11. - JVajs-Messrs. Butler, Dalton, Ellsworth, Few, Gunn, Haw- kins, Johnson, Johnston, Izard, King, Paterson, Schuyler, Strong. —15. The Senate, therefore, refused to concur in the resolution. The report of the committee on the bill to determine the per- manent seat of Congress, &c., was then taken up. That report is as follows:– HISTORY OF CONGRESS. 81 CHAP. I. Organization of Houses—Rules, &c. 1790. lºgº." “ 1st. That, in their opinion, taking a combination of circum- S. Journal, *— stances into consideration, the present session is a proper time P. 152. .." for fixing on the permanent residence of Congress and the go- recom vernment of the United States, and, after due consideration, re- º; commend that it be placed on the eastern or north-eastern bank Potomac. of the Potomac. “Your committee further recommend, that such sums of mo- ney as may be offered by the states, for the carrying this bill into effect, may be accepted of: then the bill will read thus:– “And, to accept of grants of money, or land.” Your committee were of opinion, that Congress can best determine the term to be allowed for completing the buildings. - “With respect to the temporary residence of Congress, your committee, after weighing all circumstances, consider the ground of choice to be so narrowed, as to be fully in the view of the Senate. - “Your committee recommend, that the Senate should agree with all the other parts of the bill.” It was then moved, that the opinion of the Senate be taken, whether it be expedient, at this time, to determine upon any place for the permanent seat of government of the United States; and the question, being taken by yeas and nays, was decided as follows:— - Yeas—Messrs. Butler, Dalton, Few, Gunn, Hawkins, Johnson, Johnston, Izard, King, Paterson, Schuyler, and Strong—12. JWays—Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—12. Report re. The members being equal, the Vice-President gave his casting º vote in the negative. The report of the committee being thus dered. rejected, the consideration of the bill to determine the perma- nent seat of Congress, and the government of the United States, Motion to was resumed. A motion was then made, to fill up the blank in "blank, the first paragraph of the bill, with the words “the easterly bank of the Potomac;” and this question, being taken by yeas and nays, was decided as follows:– Yeas—Messrs. Butler, Few, Gunn, Hawkins, Johnson, John- ston, Izard, King, and Schuyler.—9. JWays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, Wingate.—15. An unsuccessful motion was then made to postpone the consi. Wol. I.-11 82 - HISTORY OF CONGRESS. Ch.A.P. I. - Organization of Houses—Rules, &c. 1790. 1st congress, deration of the bill for a fortnight. It was then moved to fill ***— the blank with the word “Baltimore,” and this question, being taken by yeas and nays, was decided as follows:— Yeas—Messrs. Butler, Few, Gunn, Hawkins, Johnson, John- ston, Izard.—7. JWays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Hen- ry, King, Langdon, Lee, Maclay, Morris, Paterson, Read, Schuy- ler, Strong, Walker, and Wingate.—17. Various Another motion was then made to postpone the bill, but it was s. Joumi ... decided in the negative; as was also a succeeding motion to post- P.1% § bill. pone its further consideration till the next session of Congress. A motion was then made to reject the first enacting clause of the bill, to wit: “Be it enacted by the Senate and House of Repre- sentatives of the United States of America, in Congress assem- bled, That a district of territory, not exceeding ten miles square, to be located, as hereafter directed, at , and the same is hereby accepted as the permanent seat of Congress and the go- Vernment of the United States.” This motion was also decided in the negative, as was a motion to adjourn, which was made immediately afterwards. It was then moved to fill the blank in the first clause of the bill, with the words, “Wilmington, in the state of Delaware.” This motion was rejected. No further question was taken on the bill at that time. Housecon. On the 10th of June, the House of Representatives proceeded H. Journal . “... to the consideration of their resolution to hold the next session at P.237. jected by Philadelphia, to which the Senate had disagreed: the ayes and Senate, noes being taken, and the question being decided by the follow- ing vote:– nº and Ayes–Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, - Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hart- ley, Heister, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, Smith, of Maryland, Steele, Stone, Sumpter, Vining, White, Williamson, Wynkoop. —32. - Woes—Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, Floyd, Foster, Gerry, Goodhue, Grout, Hathorn, Huger, Hunt- ington, Jackson, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- Worth-29. - .." * * was then moved to commit the resolution to a committee of - the whole house, and the ayes and noes being taken, the ques- tion was decided as follows:– HISTORY OF CONGRESS, 83 - Ch.A.P. T. Organization of Houses–Rules, &c. 1790. 1st Congress. 2d Session. Ayes and noes, Ayes–Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- worth.-28. - - JVoes—Messrs. Ashe, Baldwin, Brown, Bloodworth, Cadwala- der, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop. —33. A motion was then made to strike out the words, “City of Phi- ladelphia,” and insert, “town of Baltimore.” On the following day, the question was taken on this motion, by ayes and noes, and it was decided as follows:— - Ayes—Messrs. Ames, Benson, Bloodworth, Burke, Floyd, Fos- ter, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Jack- son, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Sumpter, Thatcher, Trum- bull, Tucker, Wadsworth.-31. JVoes—Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hart- ley, Heister, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sinnickson, Steele, Wining, White, William- son, Wynkoop.–28. The question was then taken by ayes and noes, on the resolu- tion, as now amended, and was decided as follows:— Ayes–Messrs. Ames, Ash, Baldwin, Benson, Bloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Floyd, Foster, Gale, Gerry, Goodhue, Griffin, Grout, Hartley, Hathorn, Heister, Huger, Huntington, Jackson, Lawrance, Leonard, Li- vermore, Madison, jr., Mathews, Moore, Muhlenberg, Page, Par- ker, Partridge, Van Rensselaer, Scott, Sedgwick, Seney, Sher- man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Wining, Wadsworth, White.—53. - JVoes—Messrs. Fitzsimons, Gilman, Schureman, Tucker, Wil- liamson, Wynkoop.–6. On the 14th of June, the resolution was taken up by the Se- nate, when a motion was made to postpone the consideration to this day fortnight; and the question being taken by yeas and nays, it was decided as follows:– H. Journal, p, 238 Id. p. 239, Senate postpones, resolution. Id, p. 239, 240. s. Journal, p.157,158. 84 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1790, º Yeas—Messrs. Butler, Dalton, Ellsworth, Few, Gunn, Haw- * kins, Johnson, Johnston, Izard, King, Paterson, Schuyler, Strong, —13. 2. - JVays—Messrs. Bassett, Carroll, Elmer, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—11. - Senate According to this order, the Senate proceeded on the 28th of S. Journal :*.*. June to take up the resolution for consideration, when a motion P. " terminethe was made, and agreed to, to postpone the consideration thereof, º to take up the bill to determine the permanent seat of Congress and the government of the United States. At this stage, the Senate consented to receive the representations of John O'Don- nell, in behalf of himself and others, citizens of Baltimore town, stating that town to be exceedingly commodious and eligible for . the permanent seat of government of the United States; and Represen the representation of Robert Peters, in behalf of himself and hºld. other freeholders, and other inhabitants of George Town, to *..." the same purpose. A motion was then made to fill the blank. in Tº the first paragraph with the word “Baltimore,” and, the question - - Senate fills up blank. Motions to amend bill. being taken by yeas and nays, it was determined as follows:— Yeas–Messrs. Butler, Ellsworth, Few, Foster, Johnson, John- ston, Izard, King, Schuyler, Stanton.—10. JVays—Messrs. Bassett, Carroll, Dalton, Elmer, Hawkins, Hen- ry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Wal- ker, Wingate.—15. It was then moved, after the word “directed,” in the fifth line of the bill, to strike out to the end of the clause, and insert “on the river Potomac, at some place between the mouths of the Eastern Branch and Connogochegue, be, and the same is hereby accepted for the permanent seat of the government of the United States: Provided, nevertheless, That the operation of the laws of the state, within such district, shall not be affected by this ac- ceptance, until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law provide.” And, the question being taken on this motion by yeas and nays, it was decided as follows:— Yeas-Messrs. Bassett, Butler, Carroll, Elmer, Few, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Mor- ris, Read, Walker.—16. Ways—Messrs. Dalton, Ellsworth, J ohnson, King, Paterson, Schuyler, Stanton, Strong, Wingate.—9. It was then moved to amend the bill to read as follows: after the word & authorized,” in the second clause, strike out to the end of the said clause, and insert, “to appoint, and, Id. p. 167, 168. HISTORY OF CONGRESS. 85 CHAP. I. Organization of Houses–Rules, &c. .. 1790. 1st Congress. 2d Session. Motions to amend. by supplying vacancies happening from refusals to act, or other causes, to keep in appointment, as long as may be necessary, three commissioners, who, or any two of whom, shall, under the direction of the President, survey, and, by proper metes and bounds, define and limit, a district or territory, under the limita- tions above mentioned; and the district, so defined, limited and located, shall be deemed the district accepted by this act for the permanent seat of the government of the United States.” This motion was agreed to. - It was then moved to subjoin to the amendment last agreed to, as follows:—“And be it enacted, that the said commissioners, or any two of them, shall have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the President shall deem proper, for the use of the United States; and, according to such plans as the Presi- dent shall approve, the said commissioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable buildings for the ac- commodation of Congress, and of the President, and for the public offices of the government of the United States.” A motion was then made to amend this amendment, so as that it should read, “prior to the first Monday in December, one thousand seven hundred and ninety-four;” and the question on this motion, the yeas and nays being taken, was decided as fol- lows:– - Yeas—Messrs. Butler, Few, Foster, Johnson, Johnston, Izard, King, Schuyler, Stanton.—9. Mays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, Wingate.—16. A motion was then made to amend the proposed amendment, so as that it should read, “prior to the first Monday in Decem- ber, one thousand seven hundred and ninety-eight, which mo- tion also was negatived, the yeas and nays being called, as fol- lows:– Yeas—Messrs. Butler, Few, Johnson, Johnston, Izard, King, Schuyler, Stanton.—8. Nays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Foster, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Pa- terson, Read, Strong, Walker, Wingate.—17. The amendment, as it originally stood, was then agreed to. It was then moved, to strike out the third, fourth, and fifth clauses in the bill, and to insert the following:– “And be it en. See origi- nal mi- nutes. [The print- ed Journal is Wrong.] 86 - HISTORY OF CONGRESS. CHAP. f. Organization of Houses—Rules, &c. ºgº. acted, that, for defraying the expense of such purchases and - buildings, the President of the United States be authorized and Motiºns to requested to accept grants of money, and cause to be borrowed amend. - - a sum not exceeding one hundred thousand dollars, at an inte- rest not exceeding six per cent.; for the payment of which, and | repayment of the principal within twenty years, so much of the duties on imposts and tonnage as may be sufficient, is hereby pledged and appropriated.” And the question on this motion being taken by yeas and nays, was decided as follows:— Yeas—Messrs. Bassett, Butler, Carroll, Few, Hawkins, Hen- ry, Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, Stan- ton, Walker.—15. Nays—Messrs. Dalton, Ellsworth, Elmer, Foster, Johnson, King, Paterson, Schuyler, Strong, Wingate.—10. It was then moved further to amend the bill, by adding to the clause last agreed to, the following:— “And be it enacted, that, on the first Monday in December, in the year one thousand eight hundred, the seat of the government of the United States shall, by virtue of this act, be transferred to the district and place aforesaid: and all offices attached to the said seat of government, shall, accordingly, be removed thereto by their respective holders; and shall, after the said day, cease to be exercised elsewhere: and the necessary expense of such re- | moval shall be defrayed out of the duties on imposts and ton- - nage, of which a sufficient sum is hereby appropriated.” The question on this motion being taken by yeas and nays, it | was decided as follows:— Yeas—Messrs. Bassett, Butler, Carroll, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, Walk- er.—13. - Ways–Messrs. Dalton, Ellsworth, Elmer, Few, Foster, John- son, King, Paterson, Schuyler, Stanton, Strong, Wingate.—12. The last paragraph of the bill was then taken up for conside- ration; to wit:— “And be it further enacted, by the authority aforesaid, that the temporary residence of Congress shall be, and continue i the till the year , and no longer.” - It was then moved to fill the first blank with the words a city of New York:” and the yeas and nays being taken, the question was decided as follows:— Yeas—Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- * Izard, King, Paterson, Schuyler, Stanton, Strong, 1790, S. J.ournal, p.168,169. HISTORY OF CONGRESS, 87 - Chap. I. Organization of Houses—Rules, &c. 1790. º Nays—Messrs. Bassett, Carroll, Elmer, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—12. Motions to The consideration of the bill having been resumed on the amend. following day, it was moved, to fill the second blank in the pa- ragraph with the words “one thousand eight hundred:” and this question, the yeas and nays being called, was decided as fol- lows:– - Yeas—Messrs. Bassett, Carroll, Ellsworth, Foster, Johnson, Johnston, Izard, King, Langdon, Lee, Paterson, Schuyler, Stan- ton.—13. Nays—Messrs. Butler, Dalton, Elmer, Few, Gunn, Henry, Maclay, Morris, Read, Strong, Walker, Wingate.—12. The question was then taken on the paragragh, as amended by the filling up of the blanks: and the yeas and nays being taken, it was decided as follows:– Yeas—Messrs. Ellsworth, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton.—9. Nays—Messrs. Bassett, Butler, Carroll, Dalton, Elmer, Few, Gunn, Henry, Langdon, Lee, Maclay, Morris, Read, Strong, Walker, Wingate.—16. This paragraph having thus been rejected, it was moved to subjoin the following, in lieu of that which had been struck Out:— “And be it enacted, that, prior to the first Monday in Decem- ber next, all offices attached to the seat of the government of the United States, shall be removed to, and, until the said first Mon- day in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the state of Pennsylvania: S. Journal, at which place the two houses do hereby resolve, that the session P; 179. of Congress next ensuing the present shall be held.” - And a motion was then made to amend this motion, so as to make the paragraph read as follows:— “And be it enacted, That Congress shall continue to hold their sessions in the city of New York, until the first Monday in De- cember, in the year one thousand seven hundred and ninety-four; - - and from and after the said first Monday in December, one thou- Sand seven hundred and ninety-four, Congress shall hold their sessions in the city of Philadelphia, and shall continue there to hold the same, until the first Monday of December, one thousand eight hundred.” The yeas and nays being called on the last motion, the ques- tion was decided as follows:– Yeas—Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- 88 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1790. ºgº son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. ession. - — —13. º to Nays—Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, amen - Langdon, Lee, Maclay, Morris, Reed, Walker, Wingate.—13. The numbers being equal, the Vice-President decided the question in the negative. A further motion was then made to amend the proposed amend- ment, so as to read as follows:— “And be it enacted, That Congress shall continue to hold their sessions in the city of New York until the first Monday in December, in the year one thousand seven hundred and ninety- four: and from and after the said first Monday in December, one thousand seven hundred and ninety-four, Congress shall hold their sessions in the town of Baltimore, and shall continue there to hold the same until the first Monday of December, one thousand eight hundred.” The yeas and nays being called on this question, it was de- cided as follows:– Yeas—Messrs. Butler, Ellsworth, Few, Foster, Johnson, John- ston, 1zard, King, Schuyler, Stanton.—10. Nays—Messrs. Bassett, Carroll, Dalton, Elmer, Gunn, Haw- kins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, Wingate.—16. It was then moved to amend the proposed amendment, as fol- lows:— - - “And be it enacted by the authority aforesaid, That Congress shall continue to hold their sessions in the city of New York, till the first Monday of December, one thousand seven hundred and ninety-two; and from and after that period, to adjourn to the city of Philadelphia, where Congress shall hold their sessions till the first Monday in December, one thousand eight hundred, and no longer.” - The question being taken on this motion, by yeas and nays, it was decided as follows:– Yeas-Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. —13. JVaſs-Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Hen- ry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—13. The numbers being equal, the Vice-President decided the question in the negative. The question was then taken on the original proposition to amend, and the yeas and nays being taken, it was decided as ſol- lows:– HISTORY OF CONGRESS. 89 Chap. I. Organization of Houses–Rules, &c. 1790. \ - º Yeas–Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, 2d Session. - - 1. Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—13. Motions to Nays—Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, amend. Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong–13. The Vice-President being again required to vote, in conse- quence of the equal division of the Senate, decided this question in the negative. A motion was then made that the bill receive its third reading, but a subsequent motion to adjourn having been successful, the further consideration of the bill was postponed. - On the 30th of June, the bill was again taken up, and a mo- S. Journal, tion being made to reconsider the last paragraph of the bill, which * 171. was yesterday struck out, it was decided in the affirmative. It was then moved to amend the paragraph, to read as follows:— “And be it enacted, That, prior to the first Monday in De- cember next, all offices attached to the seat of the government of the United States, shall be removed to, and, until the said first Monday in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the state of Pennsyl- vania, at which place the session of Congress, next ensuing the present, shall be held.” And a motion was then made to amend this motion to read as follows:— “And be it enacted, That Congress shall continue to hold their sessions in the city of New York, until the first Monday in De- cember, in the year one thousand seven hundred and ninety-four; and, from and after the said first Monday of December, one thou- sand seven hundred and ninety-four, Congress shall hold their ses- sions in the city of Philadelphia, and shall continue there to hold the same, until the first Monday of December, one thousand eight hundred.” This last motion to amend was then negatived. It was then moved, to amend the original proposition so as to read— “And be it enacted, That Congress shall continue to hold their sessions in the city of New York, until the first Monday in De- cember, one thousand seven hundred and ninety-two; and, from and after the said first Monday of December, one thousand seven hundred and ninety-two, Congress shall hold their sessions in the city of Philadelphia, and shall continue there to hold the same until the first Monday of December, one thousand eight hundred.” And this motion was also decided in the negative. The ques. Wol. I.-12 Id. p. 172. 90 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1790, º tion was then taken on the original proposition to amend, and the yeas and nays being called, it was decided as follows:– Motions to Yeas—Messrs. Bassett, Butler, Carroll, Elmer, Gunn, Haw- amend. kins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—14. JWays—Messrs. Dalton, Ellsworth, Few, Foster, Johnson, John- ston, Izard, King, Paterson, Schuyler, Stanton, Strong—12. Thus, by the accession of Mr. Butler, of South Carolina, to the majority, the vote of the preceding day was reversed. A successful motion was then made to reconsider the following clause of the bill agreed to on yesterday:- “And cause to be borrowed a sum not exceeding one hundred thousand dollars, at an interest not exceeding six per cent.; for payment of which, and repayment of the principal within twen- ty years, so much of the duties on imposts and tonnage as may be sufficient, is hereby pledged and appropriated.” And it was then moved to expunge the whole paragraph. The question being taken by yeas and nays, it was decided as ſol- lows:– Yeas—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Foster, Henry, Johnson, King, Langdon, Lee, Maclay, Morris, Paterson, Read, Schuyler, Strong, Walker, Wingate.—19. JWays—Messrs. Butler, Few, Gunn, Hawkins, Johnston, Izard, Stanton.—7. The question “Shall the bill pass to the third reading” was - then taken, and, the yeas and nays being called, it was decided * as follows:— Yeas—Messrs. Bassett, Butler, Carroll, Elmer, Few, Gunn, Hawkins, Henry, Johnston, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate.—16. Nays—Messrs. Dalton, Ellsworth, Foster, Johnson, Izard, King, Paterson, Schuyler, Stanton, Strong—10. Bill order. The bill was accordingly ordered to be engrossed. And, on s. Joumi tº: the following day, the Senate proceeded to the third reading of p. 17° Third the bill, when an unsuccessful motion was made to amend the reading, bill by striking out, in the first clause, the words “between the mouths of the eastern branch and Connogochegue,” for the pur- pose of inserting the words “within thirty miles of Hancock town.” - Motions to It was then moved to strike out the words from the fifth clause * of the bill, “the first Monday of December next,” and to insert, “the first Monday in May next.” The yeas and nays being called on this motion, the question was decided as follows:– HISTORY OF CONGRESS, Chap. I. Organization of Houses—Rules, &c. 1st Congress. 2d Session. Yeas—Messrs. Butler, Dalton, Ellsworth, Few, Foster, John- son, Johnston, Izard, King, Paterson, Schuyler, Stanton, Strong. —13. JVays—Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Hen- ry, Langdon, Lee, Maclay, Morris, Read, Walker, Wingate. —13. - The members being equal, the Vice-President recorded his vote in the negative. An unsuccessful motion was then made to restore the clause authorizing a loan of one hundred thousand dollars, &c. And passage of the question on the passage of the bill being taken by yeas and Title. First and second reading in house. Motions to amend. Ayes and In Oes. nays, was decided as follows:– Yeas—Messrs. Bassett, Butler, Carroll, Elmer, Gunn, Haw- kins, Henry, Johnston, Langdon, Lee, Maclay, Morris, Read, Walker.—14. Nays—Messrs. Dalton, Ellsworth, Few, Foster, Johnson, Izard, King, Paterson, Schuyler, Stanton, Strong, Wingate.—12. It was then ordered that the title of the bill be, “An act for establishing the temporary and permanent seat of the government of the United States.” On the 2d of July, the bill was received in the House of Re- presentatives, and having received its first and second reading, was committed to a committee of the whole house for the follow- ing Tuesday. The committee had the bill under consideration on the 6th, 7th, and 8th of July; and on the last named day, it was reported to the house without amendment. On the 9th, the bill was taken up for consideration, when a motion was made to strike out the words, “Potomac, at some place between the S. Journal, p. 173. H. Journal, p. 255. Id. p. 258. - mouths of the eastern branch, and Conogochegue,” and insert - the words “Delaware, at a place not more than eight miles above, and sixty miles below the falls thereof.” The question being taken by ayes and noes, it was decided as follows:– ºffyes–Messrs. Ames, Benson, Boudinot, Floyd, Foster, Ger- ry, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Sturges, Trumbull, Wadsworth–22. Noes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Se- vier, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sumpter, Thatcher, Tucker, Vining, White, Wil- liamson, Wynkoop.–39. -- 92 HISTORY OF CONGRESS. CHAP. H. Organization of Houses—Rules, &c. 1790, º It was then moved to strike out the same words, and insert, H. Journal, - in lieu thereof, the words, “ in the state of Pennsylvania, in- P. 259, Motions to cluding Germantown.” And the question being taken by ayes amend. - - and noes, it was decided as follows:– - Jºyes–Messrs. Ames, Benson, Boudinot, Floyd, Foster, Ger- ry, Gilman, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, - Sedgwick, Sherman, Silvester, Sturges, Wadsworth. –22. Noes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Sevier, Sin- - - nickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sumpter, Thatcher, Trumbull, Tucker, Vining, White, Williamson, Wynkoop.–39. A motion was then made to strike out the same words, and insert, in lieu thereof, the words, “ between the rivers Susque- hannah and Potomac, at the most healthy and convenient place; having due regard to the navigation of the Atlantic Ocean, and the situation of the western territory.” The question being taken on this motion, it was decided as follows:– ºffyes–Messrs. Ames, Benson, Boudinot, Floyd, Foster, Ger- Id, p.2% ry, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wadsworth-25. Noes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sherman, Sinnickson, Steele, Stone, Sumpter, Tucker, Vining, White, Williamson, Wynkoop.–36. Another motion was then made to strike out the same words, and to insert, in lieu thereof, the words, “in the state of Mary- land, including the town of Baltimore.” And the question be- ing taken by ayes and noes, on the first branch of the motion, namely, to strike out the words “on the river Potomac,” &c., a division of the question having been demanded, it was decided as follows:— - Ayes–Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gerry, Id; p. 260, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Li- 261, vermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Se- HISTORY OF CONGRESS. 93 CHAP. H. Organization of Houses–Rules, &c. 1790. * 1st Congress. 2d Session. Motions to amend, ney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wadsworth-26. JVoes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwala- der, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Tucker, Wining, White, Williamson, Wynkoop.–34. - It was then moved to amend the bill by striking out the words “purchase, or;” and the question being taken by ayes and noes, it was decided as follows:– Ayes–Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gerry, Goodhue, Grout, Hathorn, Huntington, Lawrance, Leonard, Li- vermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Se- ney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wadsworth-26. JVoes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sin- nickson, Steele, Stone, Sumpter, Tucker, Wining, White, Wil- liamson, Wynkoop.–35. A motion was then made to amend the bill, by inserting, after H.Journal, the word “purchase,” in the third section, the words “with such P-261,29% money only as may be granted to the President of the United States, in the manner hereinafter provided.” And the question being taken on this motion by ayes and noes, it was decided as follows:– Ayes–Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Liver- more, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Caro- lina, Sturges, Thatcher, Trumbull, Wadsworth-26. JVoes—Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hart- ley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muh- lenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Tucker, Wining, White, Williamson, Wynkoop.–33. It was moved to amend the bill, by adding to the end of the third section the words following:— - “Provided, That the purchases and buildings aforesaid shall not exceed the sum of dollars.” 94 HISTORY OF CONGRESS. CHAP, I. - Organization of Houses–Rules, &c. 1790, 1st Congress. 2d Session. Motions to amend. The question on this motion being taken by ayes and noes, it was decided as follows:– - Ayes–Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, H. Journal Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Liver- p.263 more, Wan Rensselaer, Schureman, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wadsworth-26. JVoes—Messrs. Ashe, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Tuc- ker, Wining, White, Williamson, Wynkoop.–32. It was then moved to amend the bill, by striking out the fifth section, which reads as follows:— “And be it enacted, That, prior to the first Monday in De- cember next, all offices attached to the seat of the government of the United States, shall be removed to, and, until the said first Monday in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the state of Penn- sylvania; at which place the session of Congress, next ensuing the present, shall be held.” And the question on this motion being taken by ayes and noes, it was decided as follows:– Ayes–Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman," Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- worth.-28. JVoes—Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Goodhue, Griſ- fin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop.–33. It was then moved to amend the bill by striking out, in the Id, p.26% fifth section, the words “December next,” and inserting in lieu 264. thereof, the words “May, one thousand seven hundred and nine- ty-two.” And the question being taken on this motion by ayes and noes, it was decided as follows:– Ayes–Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith HISTORY OF CONGRESS. 95 Chap. I. Organization of Houses—Rules, &c. 1790. º of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- - Worth.-28. Motions to JVoes—Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Cly- amend. mer, Coles, Coutee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlen- berg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop.–32. It was then moved to strike out the word “December,” and H. Journal, insert the word “May.” And the question on this motion being P. 264,265. taken by ayes and noes, it was decided as follows:– Ayes–Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wads- worth.-28. - JVoes–Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Goodhue, Griſ- fin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop.–33. A motion was then made to strike out the words “at which place the session of Congress next ensuing the present shall be held.” And the question being taken by ayes and noes, it was decided as follows:— Ayes–Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Grout, Hathorn, Huntington, Lawrance, Leonard, Liver- more, Partridge, Van Rensselaer, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wadsworth.-26, JVoes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Gilman, Grif- fin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop.–33. It was then moved to amend the bill by adding to the fifth section the following proviso:- - “Provided, nevertheless, That whenever the President of the United States shall receive authentic information that the pub- lic buildings aforesaid are so far completed as to be fit for the reception of both houses of Congress, all offices attached to the seat of government shall be removed thereto, any thing herein contained to the contrary notwithstanding.” 96 HISTORY OF CONGRESS, amºnd rance, Van Rensselaer, Seney, Silvester, Smith, of Maryland, -- CHAP. I. - Organization of Houses—Rules, &c. 1790. 1st congress. And the question on this motion being taken by ayes and noes, 2d Session. . - *H it was decided as follows:— Motions to Ayes—Messrs. Benson, Bloodworth, Floyd, Gerry, Grout, Law- § Smith, of South Carolina, Thatcher, Tucker.—13. JVoes—Messrs. Ames, Ashe, Baldwin, Boudinot, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Coutee, Fitzsimons, Foster, Gale, Gilman, Goodhue, Griffin, Hartley, Hathorn, Heister, Hun- tington, Jackson, Lee, Leonard, Livermore, Madison, jr., Ma- thews, Moore, Muhlenberg, Page, Parker, Partridge, Schure- man, Scott, Sedgwick, Sevier, Sherman, Sinnickson, Steele, Stone, Sturges, Sumpter, Trumbull, Wining, Wadsworth, White, Williamson, Wynkoop.–48. Motion as Motions were then successively made that the bill be read a 1d.p.266, º,dº." third time on Monday and to-morrow, both of which were nega- 267. tived, as was also a motion to adjourn, and the bill was ordered Passage of to receive its third reading now. On the question that the bill bill. do pass, the ayes and noes being taken, it was decided as follows:– Ayes and Ayes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwala- 1100S, der, Carroll, Clymer, Coles, Coutee, Fitzsimons, Gale, Griffin, Hartley, Heister, Jackson, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Sevier, Sinnickson, Steele, Stone, Sumpter, Wining, White, Williamson, Wynkoop.–32. JVoes—Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Gilman, Goodhue, Grout, Hathorn, Huntington, Law- rance, Leonard, Livermore, Partridge, Van Rensselaer, Schure- man, Sedgwick, Seney, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wadsworth–29. - President The approval of the President was notified to the Senate on s. Journal, .*, the 16th of July. A motion was made, on the 7th of August, for P. 181. repeal, leave to bring in a bill to repeal the fifth section of this act, but Id. p. 204 it proved unsuccessful. - ... e On the 8th of June, the House of Representatives appointed H. Journal, on adjourn- Messrs. Wadsworth, Carroll, and Hartley, a committee to join P. 235. ment, with such committee as the Senate might appoint, to report a time for the adjournment of the session, such business as might be con- veniently postponed, and such as it was important for Congress to Senate act upon. The Senate, on the 21st of June, appointed Messrs. S. Journal, committee, Strong, Bassett, and Walker, to be a committee, on their part. P. 163. Report. On the 28th of June, a report was made to both houses, by this Id, p. 166, committee, which was laid on the table for consideration. The report was taken up by the House on the 15th of July, and the H. Journal, following resolution was adopted:– - p. 251. HISTORY OF CONGRESS. 97 CHAP. I. Organization of Houses—Rules, &c. 1790. isigongress. “Resolved—That, in the opinion of this house, the business now H. Journal, 2d Session. - - T d the P. 271. depending before the two houses may be finished by Tuesday, the 27th instant, and that it will be convenient and proper that an adjournment of the present session of Congress should take place on that day.” Resolution. Senatelays On the 16th, the Senate laid this resolution on the table, where S. ºnal ** it was suffered to remain; and, on the 6th of August, the House P. “ House passed another resolution, fixing on the 10th, as the day of ad- º flººr journment. The Senate laid this resolution also on the table. p. 391. Senate lays On the following day, the Senate concurred in this resolution. S. ; ºn table- On the 10th, the Senate repealed this resolution, and fixed on P. “” * the 12th as the day of adjournment. The House concurring in Id. p. 207. a". this resolution, the usual interchange of messages took place, and Vºte of on the 12th of August, the Senate having resolved a vote of Id, p. 209. *", . thanks “to the corporation of the city of New York, for the ele- New York, gant and convenient accommodations provided for Congress,” the A journ two houses adjourned to meet at Philadelphia, on the first Mon- ment, - day in December next. THIRID SIESSION. §§º. ON Monday, the 6th of December, the two houses reassembled 1790–91. ... at the city of Philadelphia. At this session, the whole of the Congress ...". assemble at thirteen states were represented. - * The Senate having assembled, it was ascertained that the Vice-President and thirteen senators, to wit: Messrs. Langdon, ºm in Wingate, Dalton, Ellsworth, King, Maclay, Morris, Bassett, John- s. Journal, enate. ston, Hawkins, Butler, Izard, and Few, all members at the last P. 215. session, were present. The Senate then received the credentials of Philemon Dickinson, of New Jersey, in the place of Governor Paterson, resigned; and of James Monroe, of Virginia, in the place of William Grayson, deceased. On the first day, a quorum of members did not appear in the House; but on Tuesday, the 7th, a sufficient number were pre- sent, to wit:-Messrs. Foster, Gilman, Livermore, of New Hamp- shire; Ames, Goodhue, Thatcher, of Massachusetts; Huntington, Sherman, Sturges, of Connecticut; Benson, Floyd, Lawrance, Sil- vester, of New York; Boudinot, Cadwalader, Schureman, of New -- Jersey; Clymer, Fitzsimons, Heister, F. A. Muhlenberg, P. Muh. Vol. I.-13 98 HISTORY OF CONGRESS. CHAP. I. - Organization of Houses–Rules, &c. 1790–91, gº." lenberg, Scott, Wynkoop, of Pennsylvania; Seney, of Maryland; - Brown, Griffin, Lee, Madison, jr., of Virginia; Bloodworth, Wil- liamson, of North Carolina; Huger, Smith, of South Carolina; Baldwin, of Georgia. The credentials of William B. Gills, of Virginia, returned in the place of Theodoric Bland, deceased, were received. Committee The houses having notified each other that a quorum was pre- - º sent, a joint committee, consisting of Messrs. Langdon and Mor- ris, on the part of the Senate, and Messrs. Boudinot, Lawrance, and-Smith, of South Carolina, on the part of the House, was ap- pointed to inform the President that the two houses had assem- - - bled. It is worthy of remark, that resolutions appointing this joint committee were passed simultaneously by the two houses. The resolution of the Senate, after imbodying the fact that “a quorum of the two houses is assembled,” concluded in the fol- lowing words:—“ and will be ready, in the senate chamber, at such time as the President of the United States may appoint, to receive any communications he may be pleased to make.” The house disagreed to this resolution: and the Senate concurred in the resolve of the House, which simply announced the fact that Report. “a quorum is assembled.” On the same day, the committee re- ported that the President “proposed to-morrow, at 12 o’clock, to meet the two houses in the senate chamber.” Accordingly, on the following day, the President came to the senate chamber, where the two houses had assembled, and ad- dressed them as follows:— “ Fellow Citizens of the Senate and House of Representa- tives:— speech of “In meeting you again, I feel much satisfaction in being able * to repeat my congratulations on the favourable prospects which continue to distinguish our public affairs. The abundant fruits of another year have blessed our country with plenty, and with the means of a flourishing commerce. The progress of public cre- dit is witnessed by a considerable rise of American stock abroad as well as at home; and the revenues, allotted for this and other na- - tional purposes, have been productive beyond the calculations by - - which they were regulated. This latter circumstance is the more pleasing, as it is not only a proof of the fertility of our resources, but as it assures us of a further increase of the national respecta- bility and credit: and, let me add, as it bears an honourable tes- timony to the patriotism and integrity of the mercantile and marine part of our citizens. The punctuality of the former, in discharging their engagements, has been exemplary. * S. Journal, p. 216. H. Journal, p. 330. Id. p. 331, 332. S. Journal, p.216, 217, 218. HISTORY OF CONGRESS. 99 CHAP, I. Organization of Houses—Rules, &c. 1790–91. 1st gongress. “In conforming to the powers vested in me by acts of the 3d Session. - ---- - - last session, a loan of three millions of florins, towards which some provisional measures had previously taken place, has been completed in Holland. As well the celerity with which it has been filled, as the nature of the terms, (considering the more than ordinary demand for borrowing, created by the situation of Europe,) give a reasonable hope that the further execution of these powers may proceed with advantage and success. The secretary of the treasury has my directions to communicate such further particulars as may be requisite for more precise in- formation. - º “Since your last session, I have received communications by which it appears that the district of Kentucky, at present a part of Virginia, has concurred in certain propositions contained in a law of that state, in consequence of which, the district is to be- come a distinct member of the Union, in case the requisite sanc- tion of Congress be added. For this sanction, application is now made. I shall cause the papers, on this very important transac- tion, to be laid before you. The liberality and harmony with which it has been conducted, will be found to do great honour to both the parties: and the sentiments of warm attachment to the Union and its present government, expressed by our fellow citizens of Kentucky, cannot fail to add an affectionate concern for their particular welfare, to the great national impressions un- der which you will decide in the case submitted to you. “It has been heretofore known to Congress, that frequent in- cursions have been made on our frontier settlements by certain banditti of Indians, from the north-west side of the Ohio. These, with some of the tribes dwelling on, and near, the Wa- bash, have, of late, been particularly active in their depreda- tions, and, being emboldened by the impunity of their crimes, and aided by such parts of the neighbouring tribes, as could be seduced to join in their hostilities, or afford them a retreat for their prisoners and plunder, they have, instead of listening to the humane invitations and overtures made on the part of the United States, renewed their violences with fresh alacrity and greater effect. The lives of a number of valuable citizens have thus been sacrificed, and some of them under circumstances pe. culiarly shocking: whilst others have been carried into a deplo- rable captivity. “These aggravated provocations rendered it essential to the safety of the western settlements, that the aggressors should be made sensible that the government of the Union is not less ca- Speech of President. : -- º º : 100 HISTORY OF CONGRESS. CHAP. ſ. Organization of Houses–Rules, &c. 1790–91. is congress pable of punishing their crimes, than it is disposed to respect º *** - their rights and reward their attachments. As this object could Speech of not be effected by defensive measures, it became necessary to put President. in force the act which empowers the President to call out the mi- litia, for the protection of the frontiers; and I have, accordingly, authorized an expedition, in which the regular troops in that quarter are combined with such draughts of militia as were deemed sufficient: the event of the measure is yet unknown to me. The secretary of war is directed to lay before you a state- ment of the information on which it is founded, as well as an estimate of the expense with which it will be attended. “The disturbed situation of Europe, and particularly the cri- tical posture of the great maritime powers, whilst it ought to - make us the more thankful for the general peace and security en- joyed by the United States, reminds us, at the same time, of the circumspection with which it becomes us to preserve these bless- ings. It requires, also, that we should not overlook the ten- dency of a war, and even preparations for a war, among the na- tions most concerned in active commerce with this country, to abridge the means, and thereby at least enhance the price of transporting its valuable productions to their proper markets. I recommend it to your serious reflections, how far and in what mode it may be expedient to guard against embarrassments from * these contingencies, by such encouragements to our own naviga- tion as will render our commerce and agriculture less dependent on foreign bottoms, which may fail us in the very moments most interesting to both of these great objects. Our fisheries, and the transportation of our own produce, offer us abundant means ſor guarding ourselves against this evil. “Your attention seems to be not less due to that particular branch of our trade which belongs to the Mediterranean. So many circumstances unite in rendering the present state of it distress- ful to us, that you will not think any deliberations misemployed, which may lead to its relief and protection. “The laws you have already passed, for the establishment of 3. judiciary system, have opened the doors of justice to all de- scriptions of persons. You will consider, in your wisdom, whe- ther improvements in that system may yet be made; and, parti- cularly, whether a uniform process of executions or sentences, is- suing from the federal courts, be not desirable through all the States. - “The patronage of our commerce, of our merchants and sea- men, has called for the appointment of consuls in foreign coun- HISTORY OF CONGRESS. 101 Chap. I. Organization of Houses—Rules, &c. 1790–91. 1st congress tries. It seems expedient to regulate by law the exercise of that 3d Session. jurisdiction, and those functions which are permitted them, ei- ther by express convention, or by a friendly indulgence, in the places of their residence. The consular convention, too, with His Most Christian Majesty, has stipulated, in certain cases, the aid of the national authority to his consuls established here. Some legislative provision is requisite to carry these stipulations into full effect. “The establishment of the militia, of a mint, of standards of weights and measures, of the post office and post roads, are sub- jects which, I presume, you will resume of course, and which are abundantly urged by their own importance. Speech of President. * Gentlemen of the House of Representatives:– “The sufficiency of the revenues you have established for the objects to which they are appropriated, leaves no doubt that the residuary provisions will be commensurate to the other ob- - jects for which the public faith stands now pledged. Allow me, moreover, to hope that it will be a favourite policy with you not merely to secure a payment of the interest of the debt funded; but, as far and as fast as the growing resources of the country will permit, to exonerate it of the principal itself. The appropria- tion you have made of the western lands explains your disposi- tions on this subject; and I am persuaded the sooner that valua- - , ble fund can be made to contribute, along with other means, to the actual reduction of the public debt, the more salutary will the measure be to every public interest, as well as the more Sa- tisfactory to our constituents. º “ Gentlemen of the Senate and House of Representatives:– “In pursuing the various and weighty business of the present session, I indulge the fullest persuasion that your consultations will be equally marked with wisdom, and animated by the love of your country. In whatever belongs to my duty, you shall have all the co-operation which an undiminished zeal for its wel- fare can inspire. It will be happy for us both, and our best re- ward, if, by a successful administration of our respective trusts, we can make the established government more and more instru- mental in promoting the good of our fellow citizens, and more and more the object of their attachment and confidence. ** G. WASHINGToN. “ United States, December 8th, 1790.” t º Messrs. Ellsworth, King, and Izard, were appointed a commit. s. Journal, 1On - - º: tee of the Senate, to prepare an address to the President, 1I] an- ** 102 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1790–91. Istgongress, swer to his speech. The report of the committee was made on +– the 10th of December, and was amended. The President having ... º appointed Monday, the 13th, to receive the address, it was, on ** that day, communicated to him by the Vice-President, in the pre- - sence of the Senate, as follows:– « To the President of the United States of America — Answer of “We receive, sir, with particular satisfaction, the communi- * cations contained in your speech, which confirm to us the pro- gressive state of the public credit, and afford, at the same time, a new proof of the solidity of the foundation on which it rests; and we cheerfully join in the acknowledgment which is due to the probity and patriotism of the mercantile and marine part of our fellow citizens, whose enlightened attachment to the princi- ples of good government is not less conspicuous in this, than it has been in other important respects. “In confidence that every constitutional preliminary has been observed, we assure you of our disposition to concur in giving the requisite sanction to the admission of Kentucky, as a distinct member of the Union; in doing which, we shall anticipate the happy effects to be expected from the sentiments of attachment towards the Union, and its present government, which have been expressed by the patriotic inhabitants of that district. “While we regret that the continuance and increase of the hostilities and depredations which have distressed our north-west- ern frontiers, should have rendered offensive measures necessary, we feel an entire confidence in the sufficiency of the motives which have produced them, and in the wisdom of the dispositions which have been concerted, in pursuance of the powers wested in you; and whatever may have been the event, we shall cheerfully concur in the provisions which the expedition that has been un- dertaken, may require on the part of the legislature, and on any other which the future peace and Safety of our frontier settle- ments may call for. “The critical posture of the European powers will engage a due portion of our attention, and we shall be ready to adopt any measures, which a prudent circumspection may Suggest, for the preservation of the blessings of peace. The navigation, and the fisheries of the United States, are objects too interesting not to inspire a disposition to promote them, by all the means which shall appear to us consistent with their natural progress and per- manent prosperity. “Impressed with the importance of a free intercourse with the HISTORY OF CONGRESS. 103 CHAP. I. Organization of Houses—Rules, &c. 1790–91. º Mediterranean, we shall not think any deliberations misemployed, eSS1011. which may conduce to the adoption of proper measures for re- Answer of moving the impediments that obstruct it. Senate, Reply of “The improvement of the judiciary system, and the other im- portant objects to which you have pointed our attention, will not fail to engage the consideration they respectively merit. “In the course of our deliberations, upon every subject, we shall rely upon that co-operation which an undiminished zeal, and incessant anxiety for the public welfare, on your part, so tho- roughly ensure; and, as it is our anxious desire, so it shall be our constant endeavour, to render the established government more and more instrumental in promoting the good of our fellow citi- zens, and more and more the object of their attachment and con- fidence.” - The President of the United States was pleased to make the following reply:— “Gentlemen: These assurances of favourable attention to the S. Journal, * subjects I have recommended, and of entire confidence in my P: * Commit- tee. House re- solves to present ad- dress. Address presented. views, make the impression on me which I ought to feel. I thank you for them both, and shall continue to rely much for the suc- cess of all our measures for the public good, on the aid they will receive from the wisdom and integrity of your councils. “G, WASHINGTON.” Messrs. Madison, Ames, and Tucker, were, on the 9th, ap- H. Journal, pointed a committee of the House of Representatives, to carry P. 333. into effect a resolution adopted by the house, “that an address ought to be prepared by the house, to the President of the United States, in answer to his speech to both houses, with assurances that this house will, without delay, proceed to take into their se- rious consideration the various and important matters recom- mended to their attention.” The committee presented the draſt of an address to the house, on the 10th; and the house, on the following day, adopted the same. The President having appointed to receive the address on Monday, the 13th, the speaker, attended by the house, re- paired, on that day, to the house of the President, and presented to him the address, as follows:— “Sir-The representatives of the people of the United States Id, p. 354, have taken into consideration your address to the two houses, at 335. the opening of the present session of Congress. “We share in the satisfaction inspired by the prospects which - 104 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. º gº. continue to be so auspicious to our public affairs. The blessings resulting from the smiles of Heaven on our agriculture, the rise of *..." of public credit, with the further advantages promised by it; and the fertility of resources which are found so little burden- some to the community, fully authorize our mutual congratula- tions on the present occasion. Nor can we learn, without an additional gratification, that the energy of the laws for providing adequate resources, has been so honourably seconded by those classes of citizens, whose patriotism and probity were more im- mediately concerned. “The success of the loan opened in Holland, under the disad- vantages of the present moment, is the more important, as it not only denotes the confidence already placed in the United States, but, as the effect of a judicious application of that aid, will still further illustrate the solidity of the foundation on which the pub- lic credit rests. “The preparatory steps taken by the state of Virginia, in con- cert with the district of Kentucky, towards the erection of the latter into a distinct member of the Union, exhibit a liberality mutually honourable to the parties. We shall bestow on this important subject the favourable consideration which it merits; and, with the national policy which ought to govern our deci- sion, shall not fail to mingle the affectionate sentiments which are awakened by those expressed in behalf of our fellow citi- zens of Kentucky. “Whilst we regret the necessity which has produced offensive hostilities against some of the Indian tribes north-west of the Ohio, we sympathize too much with our western brethren, not to behold with approbation the watchfulness and vigour which have been exerted by the executive authority for their protec- tion; and which, we trust, will make the aggressors sensible that it is their interest to merit, by a peaceable behaviour, the friend- ship and humanity which the United States are always ready to extend to them. “The encouragement of our own navigation has, at all times, appeared to us highly important. The point of view under which you have recommended it to us, is strongly enforced by the actual state of things in Europe. It will be incumbent on us to consider in what mode our commerce and agriculture can be best relieved from an injurious dependence on the navigation of other nations, which the frequency of their wars renders a too precarious resource for conveying the productions of our Country to market. 1790–91, HISTORY OF CONGRESS. 105 CHAP, I. Organization of Houses—Rules, &c. 1790–91. Isºgongress “The present state of our trade to the Mediterranean seems *— not less to demand, and will accordingly receive, the attention * * which you have recommended. “Having already concurred in establishing a judiciary system, which opens the doors of justice to all, without distinction of persons, it will be our disposition to incorporate every improve- ment which experience may suggest. And we shall consider, in particular, how far the uniformity, which, in other cases, is found convenient in the administration of the general government through all the states, may be introduced into the forms and rules of executing sentences issuing from the federal courts. “The proper regulation of the jurisdiction and functions which may be exercised by consuls of the United States in foreign countries, with the provisions stipulated to those of His Most Christian Majesty established here, are subjects of too much con- sequence to the public interest and honour not to partake of our deliberations. “We shall renew our attention to the establishment of the militia, and the other subjects unfinished at the last session, and shall proceed in them with all the despatch which the magnitude of all, and the difficulty of some of them will allow. - “Nothing has given us more satisfaction, than to find that the revenues heretofore established have proved adequate to the purposes to which they were allotted. In extending the provi- sion to the residuary objects, it will be equally our care to secure sufficiency and punctuality in the payments due from the trea. sury of the United States. We shall, also, never lose sight of the policy of diminishing the public debt as fast as the increase of the public resources will permit: and are particularly sensi- ble of the many considerations which press a resort to the auxi- liary resource furnished by the public lands. “In pursuing every branch of the weighty business of the present session, it will be our constant study to direct our delibe- rations to the public welfare. Whatever our success may be, we can, at least, answer for the present love of our country, which ought to animate our endeavours. In your co-operation we are sure of a resource, which fortifies our hopes that the fruits of the established government will justify the confidence which has been placed in it, and recommend it more and more to the affection and attachment of our fellow citizens.” To which address the President of the United States was pleased to reply as follows:– WoL. I.-14 - 106 HISTORY OF CONGRESS. CHAP, I. Organization of Houses—Rules, &c. 1790–91. 1st gongress. “ Gentlemen: The sentiments expressed in your address are H. Journal, 3d Session. - - - p. 336. ~... entitled to my particular acknowledgment. pº" “Having no object but the good of our country, this testi- mony of approbation and confidence from its immediate repre- sentatives must be among my best rewards, as the support of your enlightened patriotism has been among my greatest en- couragements. Being persuaded that you will continue to be actuated by the same auspicious principle, I look forward to the happiest consequences from your deliberations during the pre- sent session. “G. WASHINGTON.” Court- On the 6th of December, a letter from Messrs. Evan Thomas S. 3. #.g.: and Andrew Geyer, in behalf of the commissioners of the city ºf " nate and and county of Philadelphia, was presented, by Mr. Morris, to House, the Senate, offering “ the county court-house, in Philadelphia, to the representatives of the Union, for their accommodation during their residence in the city of Philadelphia:” and, on the following day, the Senate ordered the following reply to be ad- dressed to the commissioners:— - Answer of “Gentlemen: The Senate have considered the letter that you Senate, were pleased to address to the Senate and the House of Represen- tatives, on the 6th instant, and they entertain a proper sense of the respect shown to the general government of the United States, by providing so commodious a building as the commis- sioners of the city and county of Philadelphia have appropriated for the accommodation of the representatives of the Union, during their residence in this city. “I have the honour to be, - “Your most humble servant, . “JoHN ADAMs, “Pice-President of the United States, and President of the Senate. “To the Commissioners of the City - and County of Philadelphia.” : A similar communication from the commissioners was made H.Journal to the House of Representatives, on the 11th of December. p. 334. Philadel. On the 19th of January, a resolution of the directors of the s. Journal º library of Philadelphia was communicated to the Senate, pro- P. 234. .." *ing “that the President, and members of the Senate and House of Representatives of the United States, shall have free use of the books in the library, in as full and ample a manner as if they were members of the company.” HISTORY OF CONGRESS, 107 CHAP. I. Organization of Houses–Rules, &c. 1790–91. lºgº. Pursuant to a joint resolution, adopted by the House on the ession. Chaplains. Extracts from Exe- cutive Journal. Motion to open Se- nate doors. Negatived. 8th of December, and by the Senate on the 9th, the Right Reverend Bishop White was elected on the last mentioned day, S. Journal, to be chaplain of the Senate; and, on the 10th, the Reverend hº Mr. Blair was elected chaplain of the House. p. 333.33. The usual supply of newspapers to each member was ordered - - Id. p. 333. by a resolution of the House of December 9th, and a resolution s. Journal, of the Senate of December 13th. - p. 221. A motion was made in the Senate, on the 20th of January, Id, p. 234, “That the secretary furnish any member of the Senate with 235, such extracts from the executive Journal, as he may direct.” On the 21st, the Senate amended the resolution, so as to read, “ Resolved—That the secretary do furnish the members of Senate, when required, with extracts of such parts of the execu- tive Journal as are not, by vote of the Senate, considered se- - cret.” And this motion was committed to Messrs. Ellsworth, Gunn, -- and King. The Senate then agreed to the following order:- ** Ordered—That the secretary do furnish Mr. Gunn with an attested copy of sundry extracts from the records of Senate, when acting in their executive capacity.” Agreeably to notice, which he had given on the preceding day, Mr. Monroe, on the 24th of February, moved that the Se- nate agree to the following resolutions:– “Resolved—That it be a standing rule, that the doors of the id. p. 280, senate chamber remain open whilst the Senate shall be sitting in *-*. a legislative capacity, except on such occasions as, in their judg- ment, may require secrecy; and that this rule shall commence and be in force on the first day of the next session of Congress. “Resolved—That the secretary of the Senate request the commissioners of the city and county of Philadelphia, to cause a proper gallery to be erected for the accommodation of an au- dience.” - This motion led to a debate, which continued till the hour of adjournment, and was resumed on the following day, when the question being taken by yeas and mays, it was decided as fol- lows:— Yeas—Messrs. Butler, Foster, Gunn, Hawkins, King, Lee, Maclay, Monroe, Schuyler.—9. Nays—Messrs. Bassett, Carroll, Dalton, Dickinson, Ells- worth, Elmer, Few, Henry, Johnson, Johnston, Izard, Lang- don, Morris, Read, Stanton, Strong, Wingate-17. 108 HISTORY OF CONGRESS. CHAP, I, Organization of Houses—Rules, &c. 1790–91. . gº On the 1st of March, the Senate appointed Messrs. Schuyler, S. Journal, senate Ellsworth, and Butler, a committee to revise the laws of the * committee United States, to report such as are expired, or are about to ex- *...* pire, and a bill, or bills, for the revisal of such as may be deemed necessary. The only report made by this committee, was on Report, the 2d of March, when Mr. Schuyler reported a bill to continue Id. p. 296. in force the act therein mentioned, and to make further provi- sion for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers.” On the 12th of January, the House of Representatives adopted the following order:- House re. “Ordered—That so much of the standing rules and orders of this H. Journal ... house, as directs that ‘no bill amended by the Senate shall be . 353, committed,” be rescinded.” seat of go. On the 24th of January, the following message was received S. Journal fg y g g 235,236 ** from the President of the United States:– p. 439, 429, “ Gentlemen of the Senate and House of Representatives:– Message of “In execution of the powers with which Congress were pleased * to invest me, by their act, entitled “An act for establishing the H. Journal temporary and permanent seat of government of the United p. 360,351 States,” and, on mature consideration of the advantages and disad- vantages of the several positions within the limits prescribed by the said act, I have, by a proclamation bearing date this day, (a copy of which is herewith transmitted,) directed commissioners, ap- S. º pointed in pursuance of the act, to survey and limit a part of p,235,236 the territory of ten miles square, on both sides of the river Po- tomac, so as to comprehend George Town, in Maryland, and ex- tend to the eastern branch. “I have not, by this first act, given to the said territory the whole extent of which it is susceptible in the direction of the river, because I thought it important that Congress should have an opportunity of considering, whether by an amendatory law they would authorize the location of the residue, at the lower end of the present, so as to comprehend the eastern branch it- self, and some of the country on its lower side, in the state of Maryland, and the town of Alexandria, in Virginia. If, how- ever, they are of opinion, that the federal territory should be bounded by the water edge of the eastern branch, the location of the residue will be to be made at the upper end of what is now directed. “I have thought best to await a survey of the territory, before HISTORY OF CONGRESS. 109 - Ch.A.P. T. Organization of Houses—Rules, &c. 1790–91. lºgº it is decided on what particular spot, on the north-eastern side of eSS1011. - the river, the public buildings shall be erected. - - * G. WASHINGTON. “ United States, January 24, 1791.” - Bill in con- On the 16th of February, Mr. Carroll gave notice to the Se- S. Journal, tº." nate that he would, on the morrow, move for leave to bring in a.º.69– bill to amend the act, entitled “An act for establishing the tem- porary and permanent seat of the government of the United States,” pursuant to the plan suggested in the President's mes- sage of the 24th of January. And, on the following day, Mr. Carroll requested the leave. On this question, the yeas and nays being taken, it was decided as follows:– Yeas—Messrs. Butler, Carroll, Dickinson, Elmer, Few, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Mor- ris, Read, Stanton, Strong—17. - JWays—Messrs. Dalton, Ellsworth, Foster, Johnson, King, Ma- clay, Wingate.—7. * - First read. The bill was then read a first time. On the following day, the Id, p. 273, ing. second reading being moved, a motion was made to postpone the 274. º;" consideration thereof to this day se’nnight. And the question be- postponed, ing taken by yeas and nays, it was decided as follows:– Yeas—Messrs. Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, Stan- ton, Strong, Wingate-15. - Nays—Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Izard, Lee, Monroe.—10. - The question on the second reading of this bill was resumed * p. 287, by the Senate on the 25th of February, when a motion was "" made to postpone the consideration of the subject; and the ques- tion on this motion being taken by yeas and nays, it was de- cided as follows:– Yeas—Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Maclay, Stanton, Strong, Wingate.—12. JWays—Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, Schuy- ler.—14. On motion that the first clause of the bill be agreed to, to wit: from line first to the word “provided,” line fourteenth, the ques- tion, being taken by yeas and nays, was decided as follows:– Yeas—Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, Schuy- ler.—14. - 110 HISTORY OF CONGRESS. CHAP. I. 1st Congress. 3d Session. Ordered to third read- ing. Organization of Houses—Rules, &c. JWays—Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Maclay, Stanton, Strong, Wingate.—12. The bill was then ordered to its third reading. And on the following day, the bill passed the Senate. In the House of Re- 1790–91. S. Journal, p. 289. passed, presentatives, this bill was read a first time on the same day. H. Journal, Billin house. Committee concerning next meet- ing of Con- gress. Resolution passed by the house. On the 28th, it received its second reading; and on the 1st of March, it was read a third time: and on the question of its pas- sage, the yeas and nays being taken, it was decided as follows:– Ayes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cad- walader, Carroll, Clymer, Coutee, Fitzsimons, Gale, Gerry, Grif- fin, Giles, Hathorn, Jackson, Lawrance, Lee, Madison, jr., Ma- thews, Moore, Parker, Schureman, Scott, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sumpter, Trumbull, Tucker, Wining, Wadsworth, White, Williamson, Wynkoop.–39. JVoes—Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gilman, Grout, Hartley, Huntington, Leonard, Livermore, Muhlenberg, Partridge, Van Rensselaer, Sedgwick, Seney, Sturges, Thatcher. —18. On the 20th of January, the House of Representatives ap- pointed Messrs. Tucker, Lee, and Partridge, a committee, on their part, to consider what time will be proper for the com- mencement of the next Congress, to the end that timely notice may be given to the members who are to serve for the ensuing two years. And on the following day, Messrs. Strong, Izard, and Ellsworth, were appointed a committee on the part of the Se- nate. A report was made by this committee on the 25th. On p,392,394. Id. p. 397, 398. Id. p. 358. 363. 366. S. Journal, p.235,236. the 28th, the report was considered by the House of Represen- tatives, and the following resolution and order were adopted:— “Resolved—That this house doth agree to the said report, in the words following, to wit:— “That it is the opinion of the joint committee that a revenue bill may be passed, and such other business, as is of immediate importance, accomplished before the fourth day of March next, and that it will, therefore, not be necessary that the new session should commence immediately thereafter. “That the joint committee are also of opinion that a bill should pass to alter the next annual meeting of Congress to an earlier day than that expressed in the Constitution. “Ordered—That a bill or bills be brought, pursuant to the said report, and that Mr. Tucker, Mr. Lee, and Mr. Partridge, do prepare and bring in the same.” HISTORY OF CONGRESS. 111 Chap. I. Organization of Houses—Rules, &c. 1790–91. Isºgongress. The Senate, on the 31st, postponed the consideration of this S. Journal, 3d Session. s. resolution. It was again postponed on the 12th of February, and P.237,262. postpones, again on the 19th. In the mean time, on the 8th of February, Id. p. 274. a bill was reported to alter the time of the next meeting of Con- gress, which received, in the House of Representatives, its first Bill passed and second reading, on that day, and passed the House on the 11th H. Journal, ** of February. This bill, which fixed the time for the next meet-Pº". ing of Congress on the first Monday of November, received its first reading in the Senate, on the same day, and was read a se- S. Journal, cond time on the following day. On the 19th of February, the Pºº". bill was again taken up and postponed. On the 22d of Februa- Id. p. 274. ry, the consideration of the bill was resumed; and, after an un- 278. successful motion to amend it, by substituting “the second Mon- day in September,” in place of “the first Monday of Novem- Rejected ber,” the bill itself, on the question of its third reading, was re- by Senate. jected. New bill On the rejection of this bill, the House of Representatives ap- H. Journal, *:d. pointed another committee, consisting of Messrs. Smith, of South P. 388. Carolina, Lawrance, and Van Rensselaer, to prepare and bring in a new bill or bills, fixing the time for the next annual meeting of Congress. This bill was reported, read the first and second º time, and ordered to be engrossed, on the same day; and, on the 24th of February, this bill passed the House, and was sent to the Senate. By the new bill, the day fixed for the meeting of the next Congress, was the fourth Monday of October. The bill was s. Journal, read a first time in the Senate, on the same day. On the fol. P.381,282. lowing day, a motion was made to substitute “the first Monday Id. p. 289. of April,” for “the fourth Monday of October,” but it was nega- tived. The bill was then ordered to its third reading, and was passed on the 26th of February. Ajoum. And on the 3d of March, after the usual interchange of mes. 1d. p. 314. sages, the two houses adjourned, sine die. H. Journal, p. 409. 112 - HISTORY OF CONGRESS. CHAP. f. Organization of Houses—Rules, &c. 1791–92, 2d Congress. 1st Session. SIE (CONID (CON GRESS. FIRST SESSION. Houses. On Monday, the 24th day of October, the two houses assem- s. Joum, Fº bled at Philadelphia, on which day a quorum attended, both in Pº the Senate and House of Representatives. Senators In the Senate were present the Vice-President; Messrs. Lang- H. Journal present. don, Wingate, of New Hampshire; Strong, of Massachusetts; p. 435. - Foster, Stanton, jr., of Rhode Island; Dickinson, of New Jersey; N. w Morris, of Pennsylvania; Read, of Delaware; Johnston, Haw- - kins, of North Carolina; Butler, Izard, of South Carolina; and Few, of Georgia. And the following newly appointed senators produced their S. Journal, credentials, and took the oath and their seats; to wit: George P.” Cabot, from Massachusetts; Roger Sherman, (vice W. S. John- son, resigned,) from Connecticut; Aaron Burr, from New York; and John Rutherford, from New Jersey. Represen- The following members, constituting a quorum, were found to H. Journal .*P* be present: Messrs. Gilman, Livermore, Smith, of New Hamp- p.433,434 shire; Ames, Bourne, Gerry, Goodhue, Thatcher, Ward, of Mas- sachusetts; Bourne, of Rhode Island; Hillhouse, Sturges, Trum- bull, Wadsworth, Learned, of Connecticut; Gordon, Lawrance, - Silvester, Tredwell, of New York; Boudinot, of New Jersey; Fitzsimons, Heister, Muhlenberg, of Pennsylvania; Vining, of Delaware; Seney, Sterrett, of Maryland; Brown, Giles, Griffin, Madison, Moore, White, of Virginia; Steele, Williamson, of North Carolina; Huger, Smith, Tucker, of South Carolina; and Willis, of Georgia. Election of The first act of the House was the election of a speaker; and a 1d. p.4% * majority of the votes of the whole House being in favour of Jona- than Trumbull, he was conducted to the chair, from whence he addressed the House as follows:– §peaker's “Gentlemen:-I find myself unable to express to you the full * sense I have of the distinguished honour you have done me in the choice of your speaker. “The diffidence I feel in my abilities to discharge with pro- priety the duties of the chair, is almost insuperable in my own mind. But, encouraged by the known candour of this honoura- HISTORY OF CONGRESS. 113 Chap. I. Organization of Houses—Rules, &c. 1791–92. jº. ble body, and depending, as I think I may confidently do, on *— the kind assistance of each individual in it, I shall enter on its duties with full assurances to you, gentlemen, that I shall en- deavour to conduct myself with that impartiality, integrity, and assiduity, which become the conspicuous station in which you have been pleased to place me.” Members The members and clerk were then sworn, John Beckley H. Journal, * having been unanimously elected clerk. It was then ordered, p.434,435. “ that the speaker do appoint committees, until the house shall Commit otherwise determine.” A committee, consisting of Messrs. tees, Muhlenberg, Tucker, Williamson, Ames, and Smith, of New Hampshire, was appointed “to prepare and report such standing rules and orders of proceeding as may be proper to be observed Election of in this house.” Joseph Wheaton was then appointed sergeant- * at-arms; Gifford Dalley, door-keeper; and Thomas Claxton, as- sistant door-keeper. A resolution to appoint chaplains was adopt- ed; the usual order relative to newspapers was agreed to, and the customary message was sent to the Senate. A committee, con- sisting of Mr. Smith, of South Carolina, Mr. Lawrance, and Mr. . Messages White, on the part of the house, and Messrs. Izard and Lang- s. Journal, * don on the part of the Senate, was appointed “to wait on the p.323,324. President of the United States, and notify him that a quorum of the two houses is assembled, and ready to receive any com- Committee munications he may think proper to make to them.” Previous- º," ly to the appointment of this joint committee, the Senate had appointed their own committee, consisting of Messrs. Butler, Morris, and Dickinson, “to wait on the President of the United States, and inform him that a quorum of the Senate is assembled, agreeably to the Constitution, and ready to receive such commu- nications as he may be pleased to make to them.” The joint Report. committee reported that the President would make a communi- cation to both houses, on the morrow, at 12 o’clock. Chaplains. The Senate having concurred in the resolution to appoint Id. p.324. chaplains, elected the Right Reverend Bishop White; and on the H. Journal, 25th the House elected the Reverend Mr. Blair. p. 435, On Tuesday, the 25th of October, the speaker and House s. Journal, repaired to the Senate chamber, where the President delivered º to both houses the following address:– 3 vºws a “ Fellow Citizens of the Senate, and of the House of Repre- sentatives:– i. ºf “I meet you upon the present occasion with the feelings H. Journal, 'eSident, wº * inspired by a strong impression of the pros- *:::::::" OL. 1.- 114 HISTORY OF CONGRESS. CHAP. I. 2d Congress. 1st Session. Speech of President. Organization of Houses—Rules, &c. perous situation of our common country; and by a persuasion, equally strong, that the labours of the session which has just com- menced, will, under the guidance of a spirit no less prudent than patriotic, issue in measures conducive to the stability and increase of national prosperity. “Numerous as are the providential blessings which demand our grateful acknowledgments, the abundance with which ano- ther year has again rewarded the industry of the husbandman is too important to escape recollection. “Your own observations in your respective situations will have satisfied you of the progressive state of agriculture, manufactures, commerce, and navigation. In tracing their causes, you will have remarked, with particular pleasure, the happy effects of that revival of confidence, public as well as private, to which the Constitution and laws of the United States have so eminently contributed; and you will have observed, with no less interest, new and decisive proofs of the increasing reputation and credit of the nation. But you, nevertheless, cannot ſail to derive sa- tisfaction from the confirmation of these circumstances, which will be disclosed in the several official communications that will be made to you in the course of your deliberations. “The rapid subscriptions to the bank of the United States, which completed the sum allowed to be subscribed in a single day, is among the striking and pleasing evidences which present themselves, not only of confidence in the government, but of re- source in the community. “In the interval of your recess, due attention has been paid to the execution of the different objects which were specially provided for by the laws and resolutions of the last session.” “Among the most important of these is the defence and secu- rity of the western frontiers. To accomplish it on the most hu- mane principles was a primary wish. “Accordingly, at the same time that treaties have been pro- visionally concluded, and other proper means used to attach the wavering, and to confirm in their friendship the well disposed tribes of Indians, effectual measures have been adopted to make those of a hostile description sensible, that a pacification was de- sired upon terms of moderation and justice. “These measures having proved unsuccessful, it became ne- cessary to convince the refractory of the power of the United States to punish their depredations. Offensive operations have, therefore, been directed to be conducted, however, as consistent- ly as possible with the dictates of humanity. Some of these HISTORY OF CONGRESS. 115 Organization of Houses—Rules, &c. 1791–92. 3d Cºngress, have been crowned with full success, and others are yet depend- ing. The expeditions which have been completed, were carried on under the authority, and at the expense of the United States, by the militia of Kentucky, whose enterprise, intrepidity, and good conduct, are entitled to peculiar commendation. “Overtures of peace are still continued to the deluded tribes, and considerable numbers of individuals belonging to them have lately renounced all further opposition, removed from their for- mer situations, and placed themselves under the immediate pro- tection of the United States. “It is sincerely to be desired, that all need of coercion in ſu- ture may cease, and that an intimate intercourse may succeed, calculated to advance the happiness of the Indians, and to at- tach them firmly to the United States. “In order to this, it seems necessary— “That they should experience the benefits of an impartial dispensation of justice. - “That the mode of alienating their lands, the main source of discontent and war, should be so defined and regulated, as to obvi- ate imposition, and, as far as may be practicable, controversies con- cerning the reality and extent of the alienations which are made. “That commerce with them should be promoted under regu- lations tending to secure an equitable deportment towards them, and that such rational experiments should be made, for impart- ing to them the blessings of civilization, as may, from time to time, suit their condition. - “That the executive of the United States should be enabled to employ the means to which the Indians have been long ac- customed, for uniting their immediate interests with the preser- vation of peace. “And that efficacious provision should be made for inflicting adequate penalties upon all those, who, by violating their rights, shall infringe the treaties and endanger the peace of the Union. “A system corresponding with the mild principles of religion and philanthropy towards an unenlightened race of men, whose happiness materially depends on the conduct of the United States, would be as honourable to the national character as conformable to the dictates of sound policy. “The power specially vested in me by the act laying certain duties on distilled spirits, which respect the subdivisions of the districts into surveys, the appointment of officers, and the assign- ment of compensations, have likewise been carried into effect. In a matter in which both materials and experience were want- 116 HISTORY OF CONGRESS. CHAP. T. 2d Congress. 1st Session. Speech of Bresident. Organization of Houses–Rules, &c. ing to guide the calculation, it will be readily conceived, that there must have been difficulty in such an adjustment of the rates of compensation as would conciliate a reasonable competency with a proper regard to the limits prescribed by the law. It is hoped that the circumspection which has been used will be found, in the result, to have secured the last of the two objects; but it is probable, that, with a view to the first, in some instances a revision of the provision will be found advisable. “The impressions with which this law has been received by the community, have been, upon the whole, such as were to be expected among enlightened and well disposed citizens, from the propriety and necessity of the measure. The novelty, however, of the tax, in a considerable part of the United States, and a misconception of some of its provisions, have given occasion, in particular places, to some degree of discontent. But it is satis- factory to know that this disposition yields to proper explana- tions, and more just apprehensions of the true nature of the law. And I entertain a full confidence that it will, in all, give way to motives which arise out of a just sense of duty, and a virtu- ous regard to the public welfare. “If there are any circumstances in the law, which, consistent- ly with its main design, may be so varied as to remove any well-in- tentioned objections that may happen to exist, it will consist with a wise moderation to make the proper variations. It is desira- ble, on all occasions, to unite with a steady and firm adherence to constitutional and necessary acts of government, the fullest evidence of a disposition, as far as may be practicable, to consult the wishes of every part of the community, and to lay the founda- tions of the public administration in the affections of the people. “Pursuant to the authority contained in the several acts on that subject, a district of ten miles square, for the permanent seat of the government of the United States, has been fixed, and announced by proclamation; which district will comprehend lands on both sides of the river Potomac, and the towns of Alexandria and Georgetown. A city has also been laid out, agreeably to a plan which will be placed before Congress: and as there is a prospect, favoured by the rate of sales which have already taken place, of ample funds for carrying on the necessary public build- ings, there is every expectation of their due progress. “The completion of the census of the inhabitants, for which provision Was made by law, has been duly notified (excepting one instance in which the return has been formal; and another, in which it has been omitted or miscarried,) and the returns of the 1791–92. HISTORY OF CONGRESS, 117 Chap, I. Organization of Houses—Rules, &c. 1791–92. *º. officers who were charged with this duty, which will be laid be- fore you, will give you the pleasing assurance, that the present po- i." pulation of the United States borders on four millions of persons. “It is proper also to inform you, that a further loan of two millions and a-half of florins has been completed in Holland; the - terms of which are similar to those of the one last announced, except as to a small deduction of charges. Another, on like terms, for six millions of florins, had been set on foot under cir- cumstances that assured an immediate completion. “Gentlemen of the Senate:— “Two treaties which have been provisionally concluded with the Cherokees and Six Nations of Indians, will be laid before you for your consideration and ratification. “Gentlemen of the House of Representatives:— “In entering upon the discharge of your legislative trust, you must anticipate, with pleasure, that many of the difficulties, ne- cessarily incident to the first arrangements of a new govern- ment, for an extensive country, have been happily surmounted by the zealous and judicious exertions of your predecessors, in co-operation with the other branch of the legislature. The im- portant objects which remain to be accomplished, will, I am per- suaded, be conducted upon principles equally comprehensive, and equally well calculated for the advancement of the general weal. - “The time limited for receiving subscriptions to the loans pro- posed by the act making provision for the debt of the United States having expired, statements from the proper department, will, as soon as possible, apprize you of the exact result. Enough, however, is already known, to afford an assurance that the views of that act have been substantially fulfilled. The subscription on the domestic debt of the United States, has embraced by far the greatest proportion of that debt; affording, at the same time, proof of the general satisfaction of the public creditors with the system which has been proposed to their acceptance, and of the spirit of accommodation to the convenience of the government with which they are actuated. The subscription on the debts of the respective states, as far as the provisions of the law have per- mitted, may be said to be yet more general. The part of the debt of the United States which remains unsubscribed, will na- turally engage your further deliberations, “It is particularly pleasing to me to be able to announce to you, that the resources which have been established promise to 118 HISTORY OF CONGRESS. CHAP. T. Organization of Houses—Rules, &c. 1791–92. 3d.cºngress, be adequate to their objects, and may be permitted, if no un- + foreseen exigency occur, to supersede, for the present, the ne- *Pººf cessity of any new burdens upon our constituents. President. . An object which will claim your early attention, is a provision for the current service of the ensuing year, together with such ascertained demands upon the treasury as require to be immedi- ately discharged, and such casualties as may have arisen in the execution of the public business, for which no specific appro- priation may have yet been made: of all which a proper estimate will be laid before you. “ Gentlemen of the Senate, and of the House of Represen- tatives:– “I shall content myself with a general reference to former communications for several objects, upon which the urgency of other affairs has hitherto postponed any definitive resolution. Their importance will recall them to your attention: and, I trust, that the progress already made in the most arduous arrangements of the government, will afford you leisure to resume them with advantage. - “There are, however, some of them of which I cannot for- bear a more particular mention. These are-the militia, the post office and post roads, the mint, weights and measures; a provision for the sale of the vacant lands of the United States. “The first is certainly an object of primary importance, whe- ther viewed in reference to the national Security, to the satisfac- tion of the community, or to the preservation of order. In con- nexion with this, the establishment of competent magazines and arsenals, and the fortification of such places as are peculiarly im- Portant and vulnerable, naturally present themselves to conside- ration. The safety of the United States, under Divine protection, ought to rest on the basis of systematic and solid arrangements, exposed as little as possible to the hazards of fortuitous circum- - Stânces. “The importance of the post office and post roads, on a plan sufficiently liberal and comprehensive, as they respect the expe- dition, safety, and facility of communication, is increased by their instrumentality in diffusing a knowledge of the laws and Proceedings of the government, which, while it contributes tº the security of the people, serves also to guard them against the effects of misrepresentation and misconception. The esta- blishment of additional cross-posts, especially to some of the im- Portant points in the western and northern parts of the Union, cannot fail to be of material utility. HISTORY OF CONGRESS. 119 - CHAP. I. Organization of Houses—Rules, &c. 1791–92. #º. “The disorders in the existing curreney, and especially the 1st Session. Speech of President, scarcity of small change, a scarcity so peculiarly distressing to the poorer classes, strongly recommend the carrying into imme- diate effect the resolution already entered into concerning the es- tablishment of a mint. Measures have been taken pursuant to that resolution for procuring some of the most necessary artists, together with the requisite apparatus. “A uniformity in the weights and measures of the country, is among the important objects submitted to you by the Consti- tution; and, if it can be derived from a standard at once invaria- ble and universal, must be no less honourable to the public coun- cils, than conducive to the public convenience. “A provision for the sale of the vacant lands of the United States, is particularly urged, among other reasons, by the import- ant considerations, that they are pledged as a fund for reimbursing the public debt; that, if timely and judiciously applied, they may Senate committee to prepare address, Address presented. Address of Senate. save the necessity of burdening our citizens with new taxes for the extinguishment of the principal: and that, being free to dis- charge the principal but in a limited proportion, no opportunity ought to be lost for availing the public of its right. “ G. WASHINGTON.” “ United States, October 25, 1791.” In the Senate, it was ordered, that Messrs. Brown, Cabot, and Johnston, be a committee to prepare and report the draft of an address to the President, in answer to his speech. That com- mittee reported on the 28th, and the report being adopted, in pursuance of an arrangement made with the President, the ad- dress was presented on Monday, the 31st of October, by the Vice-President, attended by the Senate, as follows:– « To the President of the United States:— “Sir: The Senate of the United States have received with the highest satisfaction the assurances of public prosperity contained in your speech to both houses: the multiplied blessings of Pro- vidence have not escaped our notice, or failed to excite our gra- titude. . - “The benefits which flow from the restoration of public and private confidence are conspicuous and important, and the plea- sure with which we contemplate them is heightened by your as- S. Journal, p. 327. Id. p. 331, 332. surance of those further communications which shall confirm their existence, and indicate their source. “While we rejoice in the success of those military operations which have been directed against the hostile Indians, we lament 120 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. 1791–92, flºº, with you the necessity that has produced them, and we partici- * pate the hope that the present prospect of a general peace, on terms of moderation and justice, may be wrought into complete and permanent effect; and that the measures of government may equally embrace the security of our frontiers, and the general interests of humanity: our solicitude to obtain which will en- sure our zealous attention to an object so warmly espoused by the principles of benevolence, and so highly interesting to the honour and welfare of the nation. “The several subjects which you have particularly recom- mended, and those which remain of former sessions, will engage our early consideration. We are encouraged to prosecute them with alacrity and steadiness, by the belief that they will interest no passion but that for the general welfare; by the assurance of concert; and by a view of those arduous and important arrange- ments which have been already accomplished. “We observe, sir, the constancy and activity of your zeal for the public good. The example will animate our efforts to pro- mote the happiness of our country.” Address of Senate. To which address, the President made the following reply:- Reply of “Gentlemen: This manifestation of your zeal for the honour S. Journal, ** and the happiness of our country, derives its full value from the P.3% share which your deliberations have already had in promoting - both. - “I thank you for the favourable sentiments with which you view the part I have borne in the arduous trust committed to the government of the United States; and desire you to be assured that all my zeal will continue to second those further efforts for the public good, which are ensured by the spirit in which you are entering on the present session. “G. WASHINGTon.” & - º º: be committee of the whole, and the house agreed to the report of P. 439. prepared, that committee—“that a respectful address ought to be pre- sented 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 the session, containing assurances that this house will take into consideration the various and important º Commit matters recommended to their attention.” And Messrs. Madison, tee, Lawrance, and Smith, of South Carolina, were appointed a com- , mittee to prepare the address, House or. In the House of Representatives, the speech was considered in H. Journal - History of congress. 121 Chap, I. Organization of Houses—Rules, &c. 1791–92. #º Mr. Madison reported the address on the 27th, and on the H. Journal, st session. - * 28th, conformable to an appointment made by the President, the Pº” house attended the speaker, and presented the same, as follows:– Address of “Sir : In receiving your address at the opening of the present * session, the House of Representatives have taken an ample share - in the feelings inspired by the actual prosperity and flattering prospects of our country: and whilst, with becoming gratitude to Heaven, we ascribe this happiness to the true source from which it flows, we behold, with an animating pleasure, the degree in which the Constitution and laws of the United States have been instrumental in dispensing it. - “It yields us particular satisfaction to learn the success with which the different important measures of the government have proceeded; as well those specially provided for at the last ses- sion, as those of preceding date. The safety of our western fron- tier, in which the lives and repose of so many of our fellow citi- zens are involved, being peculiarly interesting, your communica- tions on that subject are proportionally grateful to us. The gal- lantry and good conduct of the militia, whose services were called for, is an honourable confirmation of the efficacy of that precious resource of a free state; and we anxiously wish that the conse- quences of their successful enterprises, and of the other proceed- ings to which you have referred, may leave the United States free to pursue the most benevolent policy towards the unhappy and deluded race of people in our neighbourhood. “The amount of the population of the United States, deter- - mined by the returns of the census, is a source of the most pleasing º reflections, whether it be viewed in relation to our national safe. - ty and respectability, or as a proof of that felicity in the situa- tion of our country, which favours so unexampled a rapidity in its growth. Nor ought any to be insensible to the additional mo- tive suggested by this important fact, to perpetuate the free go- vernment established with a wise administration of it, to a por. tion of the earth which promises such an increase of the number which is to enjoy those blessings within the limits of the United States. - - “We shall proceed with all the respect due to your patriotic recommendations; and with a deep sense of the trust committed to us by our fellow citizens, to take into consideration the various and important matters falling within the present session; and, in discussing and deciding each, we shall feel every disposition, whilst we are pursuing the public welfare, which must be the Wol. I.-16 º 122 HISTORY OF CONGRESS. - CHAP. I. - Organization of Houses—Rules, &c. 1791–92, 3d Cºngress, supreme object with all our constituents, to accommodate, as far 1st Session. - - -- - - - - - as possible, the means of attaining it to the sentiments and wishes of every part of them.” To which address, the President was pleased to make the fol- lowing reply:— Reply of “Gentlemen: The pleasure I derive from an assurance of President. your attention to the objects I have recommended to you, is doubled by your concurrence in the testimony I have borne to the prosperous condition of our public affairs. “Relying on the sanctions of your enlightened judgment, and on your patriotic aid, I shall be the more encouraged in all my endeavours for the public weal: and particularly in those which may be required on my part, for executing the salutary measures I anticipate from your present deliberations. “ G. WASHINGTON.” Rules of On the 26th of October, the House of Representatives adopt- H. Journal House, ed the rules and orders of proceeding established by the late P. 439. House of Representatives, “until a revision or alteration of the same shall take place.” The committee appointed on the sub- Id, p.44% ject of rules made their report on the 1st of November, when it - was ordered to lie on the table, and was not again taken up. On the 17th of February, the following additional rule was adopted by the House of Representatives:– standing “Resolved—That it be a standing order of this house, that, Id, p. 510 order. whenever confidential communications are received from the President of the United States, the house shall be cleared of all persons except the members and the clerk, and so continue during the reading of such communications, and during all de- bates and proceedings to be had thereon; and that, when the speaker, or any other member, shall inform the house that he has communications to make, which he conceives ought to be kept secret, the house shall, in like manner, be cleared till the com- munication be made: the house shall then determine whether the matter communicated require secrecy or not, and take or- der accordingly.” On the 20th of April, the following motion was submitted to Id, p. 38. the house:— “Whereas, an impartial publication of the debates of Con- gress, stating accurately their legislative measures, and the rea- sons urged for and against them, is a desirable object, inasmuch HISTORY OF CONGRESS. 123 Chap. I. Organization of Houses–Rules, &c. 1791–92. 2. Congress, as it may aid the executive in administering the government, the 1st Session. judiciary in expounding the laws, the government and citizens in the several states in forming a judgment of the conduct of their respective representatives, and Congress themselves in re- vising and amending their legislative proceedings. “And whereas, from the want of proper arrangements, such publication has not been accomplished— stenogra. “Resolved—That phers, persons, of good reputation, and skilled H. Jºurnal, in the art of stenography, be, at the next session, appointed by * ballot, to take and publish impartially and accurately, the legis- lative subjects which may be submitted to the consideration of the house, and the debates thereon of the members respectively. That the persons so to be appointed be considered as officers of - the house, and provided for accordingly: that they be severally - qualified by oath to a faithful discharge of the trust; and that such regulations shall be prescribed, as may be necessary to pro- tect them in attaining the salutary objects of their appointment. Committee “Ordered—That the said motion be committed to Mr. Gerry, Mr. Mercer, Mr. Lee, Mr. Smith, of South Carolina, and Mr. Kittera.” Report laid The report of this committee was made and laid on the table Id, p. 586. ** on the 24th of April. - Senaterule In the Senate, on the 31st of October, a motion was made, s. Journal, ...” and postponed, “to alter the rule which provides for balloting in Pº the choice of committees, and that the Vice-President be em- powered to nominate the committees in future.” This motion appears not to have been acted on. On the 27th of February, the Senate agreed to the following order:— Examina. “ Ordered—That all bills, before they are sent to the House of Id, p. 398. * Representatives, be examined by the committees respectively who brought in such bills, or to whom the same shall have been - - last committed in Senate.” -- - Entering Messrs. Strong, Lee, and Ellsworth, were appointed, on the Id. p. 407, * 8th of March, a committee of the Senate, to consider and re- 498. journals, port any alterations that may be necessary, in the mode of en- tering and publishing the journals of the Senate. And, on the 12th, a report was made by this committee. Whereupon, “Ordered—That the proceedings of the Senate, when not act- ing as in a committee of the whole house, be entered on the - 124 HISTORY OF CONGRESS. , CHAP. I. Organization of Houses–Rules, &c. 1791–22. º Journals as concisely as possible, due care being taken to detail a — true and accurate account of the proceedings. “That the titles of bills and such parts thereof only as shall be affected by proposed amendments, be inserted on the Jour- nals. “That the secretary be directed, once in each week, at least, to furnish one of the printers of a public newspaper with a copy of the Journals of the Senate, while in their legislative capaci- ty, unless otherwise specially directed.” The Senate, on the 30th of March, adopted the following re- solution:— - Laws of “Resolved—That the secretary of the Senate be directed to S. Journal, states, procure, and deposite in his office, the laws of the several states, P. “ for the use of the Senate.” Admission On the 27th of October, a communication was made to the Id, p.328, **Y. Senate that the privilege granted to the last Congress, of a free - admission to the library of Philadelphia, had been extended to the present Congress. Committee Messrs. Strong, Butler, and Burr, were, on the 31st of Octo- Id.p.33% ... * ber, appointed a committee to consider and report what business —335. - - it is necessary for the Senate to proceed on. And, on the first of November, this committee reported as follows:– Report, “That, in the opinion of the committee, it will be proper for the Senate to proceed on the following business:– “1. The establishing a mint. “2. The fixing the standard of weights and measures. “3. The determining the time for choosing the electors of the President and Vice-President, and the day on which they shall give their votes, and prescribing the mode of transmitting the - votes to the seat of government. “4. Providing compensation for the officers of the judicial courts of the United States, and for jurors and witnesses. “5. The bill postponed in the Senate, at the last session, for establishing offices, for the purpose of granting lands within the territories of the United States. - “6. The bill, postponed in like manner, concerning consuls and vice-consuls.” - The Senate agreed to this report, and adopted the following order:- * “Ordered—That Messrs. Izard, Moore, and Langdon, be a com- Inent o commit- mittee to take into consideration the subject relative to weights tees. and measures, and report their opinion thereon. HISTORY OF CONGRESS. 125 Chap. I. Organization of Houses—Rules, &c. #º. “ Ordered—That Messrs. Rutherford, Sherman, and Burr, be a committee to report a bill determining the time of choosing the electors of President and Vice-President, and the day on which they shall give their votes, and prescribing a mode of transmitting the votes to the seat of government. * Ordered—That Messrs. Henry, Strong, and Monroe, be a committee to report a bill providing compensation for the officers of the judicial courts of the United States, and for jurors and witnesses. “Ordered—That Messrs. King, Foster, Monroe, Strong, and Butler, be a committee to report a bill for establishing offices for the purpose of granting lands within the territories of the United States. - * Ordered—That Messrs. Morris, Cabot, and Ellsworth, be a committee to report a bill concerning consuls and vice-consuls. “Ordered—That Messrs. Burr, Butler, and Robinson, be a com- mittee to revise the rules, and report such alterations and addi- tions as may be necessary.” 1791–92. - - - ~ - - - Plan of The President, on the 13th of December, communicated to S. Journal, city. the Senate, “the plan of a city that has been laid out within the district of ten miles square, which was fixed upon for the per- manent seat of the government of the United States.” On the 26th of March, 1792, Mr. Monroe again submitted the following resolution:- - .* “Resolved—That it be a standing rule, that the doors of the ºd. Senate chamber remain open whilst the Senate shall be sitting in their legislative capacity, except on such occasions as, in their judgment, may require secrecy; and that this rule shall commence and be in force, on the first day of the next session of Congress.” The question on this motion being taken by yeas and nays, it was decided as follows:— Yeas—Messrs. Butler, Carroll, Foster, Hawkins, Johnston, King, Lee, Monroe.—8. - Mays—Messrs. Bassett, Bradley, Cabot, Dickinson, Ellsworth, Few, Gunn, Henry, Izard, Langdon, Read, Robinson, Ruther- ford, Sherman, Stanton, Strong, Wingate.-17. - On the 18th of April, Mr. Few submitted the following mo- tion:— Motion to “Resolved—That when the Senate are sitting in their legisla- admit º tive capacity, the members of the House of Representatives may of house, p. 355. Id. p. 445. Id. p. 429, º 126 HISTORY OF CONGRESS. CHAP. I. Organization of Houses–Rules, &c. 1791–92, a congress, be admitted, to attend the debates, and each member of the Se- 1st Session. House committee on elec- tions. Report. Jackson's petition a- gainst Wayne. Referred, nate may also admit a number not exceeding two persons; pro- vided, the operation of this resolution be suspended until the se- nate chamber is sufficiently enlarged.” The question on this motion being taken by yeas and nays, it was decided as follows:— > Yeas—Messrs. Bradley, Burr, Few, Gunn, Hawkins, Monroe. —6. Nays—Messrs. Cabot, Carroll, Dickinson, Ellsworth, Foster, Henry, Izard, Johnston, Langdon, Morris, Read, Robinson, Sher- man, Stanton, Strong, Wingate.—16. On the 26th of October, the House of Representatives ap- H. Journal, pointed Messrs. Livermore, Boudinot, Giles, Gerry, Bourne, of P. 440. Rhode Island, Hillhouse, and Steele, to be a committee on elec- tions. This committee, on the 28th, reported on all the creden- Id. p. 443. tials of members which had been examined by them. On the Id. p. 452 14th of November, there was presented to the house, a petition —455. of James Jackson, of the state of Georgia, complaining of the undue election and return of Anthony Wayne, one of the re- presentatives of that state. The petition was, on the 15th of Id, p. 457. November, referred to the committee appointed on the 31st of October, “to report a regular and uniform mode of proceeding in cases of contested elections of members of this house,” con- sisting of Messrs. Ames, Dayton, Brown, Fitzsimons, and Tuc- ker. On the 18th of November, Mr. Ames made a report from Report, this committee, on the subject of the petition; and this report was, on the 19th, committed to a committee of the whole house for the following Thursday. On the 24th, the subject was taken up in committee of the whole: and after being considered and amended, the report of the committee was agreed to in the following form:— “Resolved—That the first Monday of February next, be as- id. p. 463, signed for the trial of the articles alleged in the said petition. “Resolved—That the evidence which may be offered, on the part of the petitioner, shall be confined to the proof of the arti- cles of charge exhibited in the said petition against the validity of the return of the said election. “Resolved—That, on the trial, the deposition of a witness shall be received, which shall have been taken more than twenty- five days prior to the day assigned for the trial, before any justice or judge of the courts of the United States, or before any chan- HISTORY OF CONGRESS. 127 Chap. I. Organization of Houses—Rules, &c. 1791–92. 2d Congress. 1st Session. Report. Trial post- poned. Further postponed, cellor, justice, or judge of a supreme, or superior court, mayor, or chief magistrate of a city, or judge of a county court, or court of Common Pleas of any of the United States, not being of coun- sel or attorney to either the said Anthony Wayne, or the peti- tioner: Provided—That a notification from the magistrate, before whom the deposition is to be taken, to the adverse party, to be present at the taking of the same, and to put interrogatories, if he think fit, shall have been first made out and served on the ad- verse party, or his attorney especially authorized for the purpose, as either may be nearest, if either be within one hundred miles of the place of such caption; allowing time for their attendance, after notified, not less than at the rate of one day, Sundays ex- clusive, for every twenty miles’ travel. And every person de- posing shall be carefully examined and cautioned, and sworn or affirmed, to testify the whole truth, and shall subscribe the testi- mony by him or her given, after the same shall be reduced to writing; which shall be done only by the magistrate taking the deposition, or by the deponent in his presence. And the deposi- tions so taken, together with a certificate of the notice, if any, given to the adverse party, or his attorney, shall be sealed up by the said magistrate, and directed to the speaker: Provided, ne- vertheless—That no ea parte deposition shall be used on the trial of the said petition, which shall have been taken at any time before the twenty-sixth day of December next: Provided, also —That evidence taken in any other manner than is herein be- fore directed, and not objected to by the parties, may, with the approbation of the house, be produced on the trial.” On the day assigned for the trial, a petition having been pre- sented from James Jackson, praying that the trial “ may be post- poned for twenty days, in conformity to the tenor of an agreement entered into between the attorneys of the said Anthony Wayne and the petitioner, the house granted the prayer of the petition, and assigned Monday, the 27th, for the trial. On the 27th, the case was taken, when an application was made, on the part of the sitting member, for a further postponement: and both the sitting member and the petitioner being fully heard on the subject mat- ter of the said application, it was resolved, that the trial be post- H. Journal, p. 502. Id, 522 p. 521, poned until the second Monday in March. On the 10th of Id, p. 534. March, the house granted leave for the sitting member to be heard by his counsel at the bar of the house. An application was made on the day appointed for the trial, by the sitting mem- ber, for another postponement until the Wednesday se’nnight, -- 128 HISTORY OF CONGRESS. Chap. I. Organization of Houses–Rules, &c. 1791–92. 2d Congress. 1st Session. Evidence offered, and the parties were respectively heard on the motion, which was finally negatived. The petitioner then entered on the proof of his allegations. The house resumed the consideration of the trial on Wednesday, the 14th, when application in writing being made by the petitioner as followeth:- " . “That the decision of the Senate of the state of Georgia, on H.Journal, the impeachment of Judge Osborne, so far as respects the Cam- p.535,536. den return for a member to represent the state of Georgia, on the third day of January, 1791, be received as evidence in the present trial of that election, to establish the corruption of Judge Osborne.” After a full hearing of the parties, the question being taken by ayes and noes, was decided as follows:– Ayes–Messrs. Ashe, Baldwin, Boudinot, Clarke, Gerry, Giles, Gregg, Grove, Heister, Jacobs, Key, Kitchell, Macon, Schroma- ker, Steele, Sumpter, Thatcher, Tredwell, Tucker, Willis.-20. Noes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Brown, Findley, Fitzsimons, Gilman, Goodhue, Griffin, Hartley, Hillhouse, Huger, Kittera, Lawrance, Leonard, Lee, Livermore, Madison, Mercer, Moore, Muhlenberg, Murray, Miles, Page, Par- ker, Sedgwick, Seney, J. Smith, I. Smith, W. Smith, Sterrett, Sturges, Silvester, Venable, Wining, Wadsworth, Ward, White, Williamson.—41. The petitioner then concluded with his exhibits, and the sitting member entered into the defence until the house adjourned. On the following day, the sitting member having concluded, the pe- titioner was heard in reply, and the parties then retired from the bar. It was then moved, “that certain proceedings of the House of Representatives of the State of Georgia, accompanied with other papers, transmitted agreeably to their resolution, un- - º pecision of “Resolved—That Anthony Wayne was not duly elected a 1d. P. 537, house, der the signature of the governor, and the seal of the state, re- lative to the election of a member to represent the eastern dis- trict of the said state in this house, be received.” On which mo- tion, the previous question being called for by five members, to witH" Shall the main question to agree to the said motion be now put?”—it passed in the negative. And so the said motion was lost. The consideration of the subject being resumed on the 16th, a motion was made that the house agree to the following resolu- tion – - - Id. p. 536. - HISTORY OF CONGRESS. 129 Chap. I. Organization of Houses—Rules, &c. #º member of this house.” And the question being taken by ayes s SS10n. - - † and noes, on this motion, it was decided as follows:– Ayes–Messrs. Trumbull, (speaker,) Ames, Ashe, Baldwin, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Brown, Clarke, Findley, Fitzsimons, Gerry, Giles, Gilman, Goodhue, Gregg, Griffin, Grove, Hartley, Heister, Hillhouse, Huger, Jacobs, Key, Kitchell, Kittera, Leonard, Lee, Livermore, Macon, Madi- son, Mercer, Moore, Muhlenberg, Niles, Page, Parker, Schro- maker, Sedgwick, Seney, J. Smith, I. Smith, W. Smith, Steele, Sterrett, Sturges, Sumpter, Silvester, Thatcher, Tredwell, Tuc- ker, Venable, Wining, White, Williamson, Willis- No one voting in the negative, the decision was unanimous. It was then moved, “that the speaker do transmit a copy of the said vote to the executive of the state of Georgia,” but after some debate, the further proceeding was postponed till Monday. .* On that day the subject was again taken up, when it was moved proceed- - - - - ings. that the house agree to the following resolution:— “Resolved—That the petitioner, James Jackson, is entitled to a seat in this house, as a member for the lower district of the state of Georgia; and that the right of petitioning against the election of the said James Jackson, be reserved to all persons, at any time, during the term for which he was elected.” The debate on this resolution occupied that day, and the two following days; and on Wednesday, the 21st of March, the ques- tion being taken on the motion, by ayes and noes, it was decided , as follows:— - Ayes—Messrs. Ashe, Baldwin, Browne, Clarke, Findley, Ger- ry, Giles, Gregg, Griffin, Grove, Heister, Jacobs, Lee, Macon, Madison, Moore, Niles, Page, Parker, Schromaker, Seney, J. - Smith, I. Smith, Sterrett, Sturges, Sumpter, Tredwell, Wenable, | Willis.-29. \ JVoes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Fitzsimons, Gilman, Goodhue, Gordon, Hartley, Hill- house, Huger, Key, Kitchell, Kittera, Lawrance, Learned, Liver- more, Muhlenberg, Sedgwick, W. Smith, Steele, Silvester, Thatcher, Tucker, Wadsworth, Ward, White.—29. seat de. The number of votes being equal, the speaker decided the º * question in the negative. The seat of Anthony Wayne was then declared to be vacant, and it was— “Ordered—That the speaker transmit a copy of the preceding resolution, and of this vote, to the executive of the state of Wol. I.-17 1791–92. H. J.ournal, p. 540. Id. p. 541, 542, HISTORY OF CONGRESS. - CHAP. I. Organization of Houses–Rules, &c. 1791–92. 2d Congress. 1st Session. Resigna- tion of W. Pinkney. Report. Georgia, to the end that the said executive may issue writs of election to fill the said vacancy.” On the 9th of November, the speaker laid before the house a letter from the governor of Maryland, enclosing the resignation of William Pinkney, elected a representative from that state; and the return of John Francis Mercer, elected in the room of William Pinkney. This communication was referred to the standing committee on elections. On the 18th, Mr. Liver- more made a report from the committee on elections on this sub- ject; and on the 21st, the report was committed to a committee of the whole house. On the 22d and 23d, this report was con- sidered and amended, and on the last named day the house ex- pressed their decision in the following form: “It appears that, at an election for the state of Maryland, on the first day of October, 1790, William Pinkney was duly elect- ed a representative for that state, to serve in the House of Re- Door- keepers. Bill to alter time of meeting. presentatives of the United States. “That the certificate of his election has been duly transmit- ted by the executive thereof, and heretofore so reported by your committee. “That by a letter, dated the 26th of September, 1791, di- rected to the governor and council of that state, William Pink- ney resigned that appointment; and that, in consequence of such resignation, the executive issued a writ for an election to Sup- ply the vacancy thereby occasioned, and have certified that John Francis Mercer was duly elected by virtue of that writ, in pur- suance of the law of the state of Maryland in that case pro- vided. “Resolved—That it is the opinion of this committee that John Francis Mercer is entitled to take a seat in this house, as one of the representatives for the state of Maryland, in the stead of William Pinkney.” During this session a bill passed the two Houses, fixing the compensation to the door-keepers of the two houses. It appears that the Senate occupied, this session, above forty days on execu- tive business. - On the 24th of April, the house appointed Messrs. Goodhue, Benson, and Smith, of South Carolina, a committee to prepare and bring in a bill or bills to alter the time for the next annual meeting of Congress; and the bill was reported, went through its different readings, and was passed on the same day. On the H. Journal, p. 451. Ed. p. 457. 459. 461. Id. p. 543, 544, 564. 567. S. Journal, p.401.412, 413. 421. H. Journal, p. 586. S. Journal, p.431.433. 435. HISTORY OF CONGRESS. - - 131 Chap. I. Organization of Houses–Rules, &c. 1791–92. tº 24th of April, this bill received its first and second reading, was T. amended, and ordered to a third reading. On the 26th, a mo- tion was made to reconsider the amendment agreed to on the second reading; but the further consideration of the subject was postponed until the next day, and was then again postponed till the 1st of May; the consideration was then resumed, when the bill being amended, by striking out “the third Monday,” which had been inserted on the second reading, and substituting “the first Monday” in November, it was read a third time, and passed. Vice-Presi- The Vice-President having, on the 17th of April, requested S. Journal, * º of the Senate leave of absence for the remainder of the session, P. 427,428. of absence, on account of the ill state of his own health, and that of his fa- mily; on the following day, Richard Henry Lee was elected President President pro tempore; and on the 19th the Senate adopted the ** following resolution:- º to “Resolved—That the President pro tempore of the Senate, id. p. 429, WOte. as a member, retains his right to vote upon all questions.” Business to On the 20th of February, the Senate appointed Messrs. Sher- Id. p.393. ** man, Langdon, and Strong, a committee, on their part, to report what business is necessary to be done by Congress in the pre- sent session, and what business may be, without great inconve- nience, postponed to the next session; “that the proceedings H. Journal, may be so regulated as to close this session by the first Tuesday P** of April next.” The house, on the 21st, appointed Messrs. S. Journal, Goodhue, Wadsworth, Lawrance, White, and Macon, to be a P. “” committee, on their part, for the same purpose. The report of this committee was made to the two houses on the 1st of March. There seems to have been no subsequent action on this report. Motion to On the 5th of April, a motion was made in the Senate for an Id, p. 420. adjourn. adjournment on the 14th of April. An unsuccessful effort was made to postpone the motion. A motion, equally unsuccessful, was then made, to appoint a committee to confer with such com- mittee as the House might appoint, on the day proper for Congress to close the present session. The resolution was then so amend- ed as to read, “Tuesday, the 17th day of April, instant;” and in this form it was agreed to. The resolution was sent to the House, but was not acted on in that body. On the 24th of April, the H. Journal, House mo. House agreed to a resolution to adjourn on the 5th of May, and P. 586. .." * the Senate concurred in that resolution, on the following day. S. Journal, - On the 2d of May, the Senate appointed Messrs. Hawkins and ºl.43% Burr to be a committee, on their part, to notify the President of ` 132 HISTORY OF CONGRESS. CHAP. I. Organization of Houses—Rules, &c. - 1791–92. #º. the proposed recess of Congress. Before this resolution received H. Journal, – a response from the House, the resolution to adjourn on the 5th p. 598. - of May had been repealed, by a motion in that branch, and the 10th of May had been agreed on; and the Senate had amended s. Journal, this resolution so as to make it read “Tuesday, the 8th,” which P. 438. was concurred in by the House. On the 7th, the House ap- -- pointed their committee to wait on the President, consisting of Messrs. Seney, Gilman, and Grove. The committee having per- Id. p. 444, formed its duty, and the customary messages having been inter- Adjourn- changed by the two houses, an adjournment took place, on the H. Journal, ment. 8th of May, to the first Monday in November. p. 606. SPE (C 4) NHP SES SHO N. §gº. ON Monday, the 5th of November, the two houses reassembled 1792–93. Thouses" at Philadelphia, when the following members were present:— meet. SENATORs—Messrs. Langdon, Wingate, of New Hampshire; Strong, Cabot, of Massachusetts; Foster, of Rhode Island; Ells- Senators worth, Sherman, of Connecticut; Bradley, Robinson, of Vermont; S. Journal, P* King, of New York; Dickinson, Rutherford, of New Jersey; Read, P. 451. of Delaware; Monroe, of Virginia; Brown, Edwards, of Ken- tucky; Hawkins, of North Carolina; Butler, Izard, of South Ca- rolina; Few, of Georgia. REPRESENTATIVES-Messrs. Gilman, Livermore, J. Smith, of New Hampshire; Ames, S. Bourne, Gerry, Goodhue, Thatcher, Ward, of Massachusetts; B. Bourne, of Rhode Island; Learned, Sturges, Trumbull, (speaker,) of Connecticut; Niles, I. Smith, of Represen- Vermont; Benson, Lawrance, Tredwell, of New York; Boudinot, Id. p. 609, * * Clark, Dayton, of New Jersey; Fitzsimons, Muhlenberg, of Penn- 610. sylvania; Key, Murray, of Maryland; Giles, Madison, Moore, Parker, Venable, White, of Virginia; Macon, Steele, Williamson, of North Carolina; W. Smith, Sumpter, Tucker, of South Caro- lina; Baldwin, Willis, of Georgia. lº. The Vice-President being absent, and also Mr. Lee, who Id. p. 451. àent ºn had been elected President pro tempore at the last session, the tem. Senate elected John Langdon to be President pro tempore. i. º usual messages that a quorum was in attendance, were Id. p. 451, ged. sent by the two houses to each other. Messrs. Izard and Strong 452, 455. were appointed on the part of the Senate; and Messrs. Boudinot, History of congress. - 133 Chap. I. Organization of Houses—Rules, &c. 1792–93. 2d congress. Key, and Moore, on the part of the House, to be a committee to 2d Session. notify the President that a quorum of the two houses is assem- bled, and ready to receive any communications he may think Chaplains, proper to make to them. The two houses also resolved to H. Journal, elect chaplains, in the usual form, and the Right Reverend p. 610,611. Bishop White was elected by the Senate, and the Reverend Ash- bel Green by the House. The House adopted a resolution to Newspa furnish the members with the usual allowance of newspapers; pers. and a similar resolution was adopted by the Senate, on the fol- lowing day. On the 6th, the President having signified his intention to meet the two houses in the senate chamber, in order to make a communication to them, the House of Representatives repaired to the senate chamber, when the President delivered the follow- ing address:– “Fellow Citizens of the Senate, and of the House of Repre- sentatives:— - Speech of “It is some abatement of the satisfaction with which I meets. Journal, * you on the present occasion, that, in felicitating you on a conti- º– nuance of the national prosperity, generally, I am not able to add II. journal, to it information that the Indian hostilities, which have, for some p. 611– time past, distressed our north-western frontier, have terminated. 613. “You will, I am persuaded, learn with no less concern than I communicate it, that reiterated endeavours towards effecting a pacification, have hitherto issued only in new and outrageous - proofs of persevering hostility on the part of the tribes with whom we are in contest. An earnest desire to procure tran- quillity to the frontier; to stop the further effusion of blood; to ar- rest the progress of expense; to forward the prevalent wish of the - - nation for peace, has led to strenuous efforts, through various chan- nels, to accomplish these desirable purposes: in making which ef. forts, I consulted less my own anticipations of the event, or the scruples which some considerations were calculated to inspire, than the wish to find the object attainable; or, if not attainable, to ascertain unequivocally that such is the case. “A detail of the measures which have been pursued, and of their consequences, which will be laid before you, while it will confirm to you the want of success thus far, will, I trust, evince, that means as proper and as efficacious as could have been de- vised, have been employed. The issue of some of them, indeed, is still depending; but a favourable one, though not to be de- spaired of, is not promised by any thing that has yet happened. 134 HISTORY OF CONGRESS. CHAP. T. 2d Congress. 2d Session. - Organization of Houses—Rules, &c. “In the course of the attempts which have been made, some valuable citizens have fallen victims to their zeal for the public *P*** service. A sanction, commonly respected even among savages, President, has been found, in this instance, insufficient to protect from mas- sacre the emissaries of peace: it will, I presume, be duly consi- dered, whether the occasion does not call for an exercise of libe- rality towards the families of the deceased. “It must add to your concern to be informed, that, besides the continuation of hostile appearances among the tribes north of the Ohio, some threatening symptoms have, of late, been revived among some of those south of it. “A part of the Cherokees, known by the name of Chicka- magas, inhabiting five villages on the Tennessee river, have long been in the practice of committing depredations on the neigh- bouring settlements. “It was hoped that the treaty of Holston, made with the Che- rokee nation, in July, 1791, would have prevented a repetition of such depredations. But the event has not answered this hope. The Chickamagas, aided by some banditti of another tribe in their vicinity, have recently perpetrated wanton and unprovoked hostilities upon the citizens of the United States in that quarter. The information which has been received on this subject will be laid before you. Hitherto, defensive precautions, only, have been strictly enjoined and observed. “It is not understood, that any breach of treaty or aggression whatsoever, on the part of the United States or their citizens, is even alleged as a pretext for the spirit of hostility in this quar- ter. “I have reason to believe, that every practicable exertion has been made, (pursuant to the provision by law for that purpose.) to be prepared for the alternative of a prosecution of the war, in the event of a failure of pacific overtures. A large proportion of the troops authorized to be raised have been recruited, though the number is still incomplete; and pains have been taken to dis- cipline, and put them in condition for the particular kind of ser- vice to be performed. A delay of operations, (besides being dictated by the measures which were pursuing towards a paci- fic termination of the war.) has been, in itself, deemed prefera- ble to immature efforts. A statement from the proper depart- ment, with regard to the number of troops raised, and some other points which have been suggested, will afford more precise information as a guide to the legislative consultations; and, among other things, will enable Congress to judge whether some 1792–93. HISTORY OF CONGRESS. 135 CHAP. I. Organization of Houses–Rules, &c. 1792–93. §§º. additional stimulus to the recruiting service may not be advi- sable. “In looking forward to the future expense of the operations which may be found inevitable, I derive consolation from the in- * formation I receive, that the product of the revenues for the present year is likely to supersede the necessity of additional burdens on the community for the service of the ensuing year. This, however, will be better ascertained in the course of the session; and it is proper to add, that the information alluded to proceeds upon the supposition of no material extension of the spirit of hostility. “I cannot dismiss the subject of Indian affairs, without again recommending to your consideration the expediency of more ade- quate provisions for giving energy to the laws throughout our in- terior frontier, and for restraining the commission of outrages upon the Indians; without which all pacific plans must prove nugatory. To enable, by competent rewards, the employment of qualified and trusty persons to reside among them, as agents, would also contribute to the preservation of peace and good neighbourhood. If, in addition to these expedients, an eligible plan could be de- vised for promoting civilization among the friendly tribes, and for carrying on trade with them, upon a scale equal to their wants, and under regulations calculated to protect them from imposition and extortion, its influence, in cementing their interest with ours, - could not but be considerable. -- “The prosperous state of our revenue has been intimated. This - - would be still more the case, were it not for the impediments which, in some places, continue to embarrass the collection of the duties on spirits distilled within the United States. These impe- diments have lessened, and are lessening, in local extent; and, as applied to the community at large, the contentment with the law appears to be progressive. “But symptoms of increased opposition having lately mani- fested themselves in certain quarters, I judged a special interpo- sition on my part proper and advisable; and, under this impres- sion, have issued a proclamation, warning against all unlawful combinations and proceedings, having for their object or tenden- cy to obstruct the operation of the law in question, and an- nouncing that all lawful ways and means would be strictly put in execution for bringing to justice the infractors thereof, and se- curing obedience thereto. “Measures have also been taken for the prosecution of offen- ders; and Congress may be assured, that nothing within constitu- . Speech of President. 136 HISTORY OF CONGRESS, Chap. I. - Organization of Houses–Rules, &c. 1792–93. #gº. tional and legal limits, which may depend upon me, shall be – wanting to assert and maintain the just authority of the laws. In fulfilling this trust, I shall count entirely upon the full co-ope- ration of the other departments of the government, and upon the zealous support of all good citizens. “I cannot ſorbear to bring again into the view of the legisla- ture the subject of a revision of the judiciary system. A repre- sentation from the judges of the Supreme Court, which will be laid before you, points out some of the inconveniences that are experienced. In the course of the execution of the laws, consi- derations arise out of the structure of that system, which, in some cases, tend to relax their efficacy. As connected with this sub- ject, provisions to facilitate the taking of bail upon processes out of the courts of the United States, and a supplementary defini- tion of offences against the Constitution and laws of the Union, and of the punishment for such offences, will, it is presumed, be found worthy of particular attention. “Observations on the value of peace with other nations are un- necessary. It would be wise, however, by timely provisions, to guard against those acts of our own citizens, which might tend to disturb it, and to put ourselves in a condition to give that sa- tisfaction to foreign nations which we may sometimes have occa- sion to require from them. I particularly recommend to your consideration the means of preventing those aggressions by our citizens on the territory of other nations, and other infractions of the laws of nations, which, furnishing just subject of complaint, might endanger our peace with them; and, in general, the main- tenance of a friendly intercourse with foreign powers will be presented to your attention by the expiration of the law for that purpose, which takes place, if not renewed, at the close of the present session. - “In execution of the authority given by the legislature, mea- sures have been taken for engaging some artists from abroad, to aid in the establishment of our mint: others have been employed at home. Provision has been made for the requisite buildings, and these are now putting into proper condition for the purposes - of the establishment. There has also been a small beginning in the coinage of half dimes; the want of small coins in circulation calling the first attention to them. “The regulation of foreign coins in correspondency with the principles of our national coinage, as being essential to their due operation and to order in our money concerns, will, I doubt not, be resumed and completed. Speech of President, - -- HISTORY OF CONGRESS. 137 CHAP, I. Organization of Houses—Rules, &c. - 1792–93. #º “It is represented that some provisions in the law which esta- - blishes the post office, operate, in experiment, against the trans- mission of newspapers to distant parts of the country. Should - this, upon due inquiry, be ſound to be the fact, a full conviction º of the importance of facilitating the circulation of political in- - * . telligence and information will, I doubt not, lead to the applica- tion of a remedy. “The adoption of a constitution for the state of Kentucky has been notified to me. The legislature will share with me in the satisfaction, which arises from an event interesting to the happi- ness of the part of the nation to which it relates, and conducive to the general order. - “It is proper likewise to inform you, that since my last com- munication on the subject, and in further execution of the acts severally making provision for the public debt, and for the re- duction thereof, three new loans have been effected, each for three millions of florins: one at Antwerp, at the annual interest of four and a half per cent, with an allowance of four per cent. in lieu of all charges; and the other two at Amsterdam, at the annual interest of four per cent, with an allowance of five and one half per cent. in one case, and of five per cent, in the other, in lieu of all charges. The rates of these loans, and the circum- stances under which they have been made, are confirmation of the high state of our credit abroad. -- “Among the objects to which these funds have been directed - to be applied, the payment of the debts due to certain foreign officers, according to the provision made during the last session, has been embraced. Speech of President. “Gentlemen of the House of Representatives:– “I entertain a strong hope, that the state of the national - finances is now sufficiently matured to enable you to enter upon | a systematic and effectual arrangement for the regular redemp- | tion and discharge of the public debt, according to the right which has been reserved to the government: no measure can be more desirable, whether viewed with an eye to its intrinsic im- portance, or to the general sentiment and wish of the nation. “Provision is likewise requisite for the reimbursement of the loan which has been made of the bank of the United States, pursuant to the eleventh section of the act by which it is incor- porated. In fulfilling the public stipulations in this particular, it is expected a valuable saving will be made. - “Appropriations for the current service of the ensuing year, Vol. I.-18 138 HISTORY OF CONGRESS. - Chap. I. Organization of Houses—Rules, &c. 1792–93. gigongress, and for such extraordinaries as may require provision, will de- 2d Session. - *— mand, and, I doubt not, will engage your early attention. Speech of President “ Gentlemen of the Senate, and the House of Representatives:- “I content myself with calling your attention, generally, to such objects not particularized in my present address, as have been suggested in my former communications to you. “Various temporary laws will expire during the present ses- sion. Among these, that which regulates trade and intercourse with the Indian tribes will merit particular notice. “The results of your common deliberations hitherto will, I trust, be productive of solid and durable advantages to our constituents; such as, by conciliating more and more their ulti- mate suffrage, will tend to strengthen and confirm their attach- ment to that constitution of government, upon which, under Di- vine Providence, materially depend their union, their safety, and their happiness. - - “Still further to promote and secure these inestimable ends, there is nothing which can have a more powerful tendency, than the careful cultivation of harmony, combined with a due re- gard to stability in the public councils. . * G. WASHINGTON.” “United States, November 6th, 1792.” Messrs. Strong, King, and Rutherford, were appointed a com-s. Journal, mittee of the Senate, to prepare an address in answer to his * speech; and a draft of an address was reported on the following day. The draft having been considered and amended on the 8th, and the President having appointed 11 o’clock of the 9th to receive the address, it was then presented by the president pro tempore, attended by the Senate, at the President’s house, as follows:– - - “To the President of the United States:— Address of “Accept, sir, our grateful acknowledgments for your ad- * dress at the opening of the present session. We participate with you in the satisfaction arising from the continuance of the gene- ral prosperity of the nation, but it is not without the most sin- cere concern that we are informed that the reiterated efforts which have been made to establish peace with the hostile Indians, have hitherto failed to accomplish that desired object. Hoping that the measures still depending may prove more successful than those which have preceded them, we shall, nevertheless, concur in every necessary preparation for the alternative; and, should the Indians on either side of the Ohio persist in their hostilities, HISTORY OF CONGRESS. 139 Chap. I. Organization of Houses—Rules, &c. 1792–93. gigongress, fidelity to the Union, as well as affection for our fellow citizens 2d Session. - - - - - on the frontiers, will ensure our decided co-operation in every 3. * measure which shall be deemed requisite for their protection and safety. - - - * “At the same time that we avow the obligation of the go- vernment to afford its protection to every part of the Union, we cannot refrain from expressing our regret that even a small por- tion of our fellow citizens, in any quarter of it, should have combined to oppose the operation of the law for the collection of duties on spirits distilled within the United States: a law re- - peatedly sanctioned by the authority of the nation, and, at this - juncture, materially connected with the safety and protection of those who oppose it. Should the means already adopted fail in securing obedience to this law, such further measures as may be thought necessary to carry the same into complete operation, - cannot fail to receive the approbation of the legislature, and the support of every patriotic citizen. “It yields us particular pleasure to learn, that the productive- ness of the revenue of the present year will, probably, supersede the necessity of any additional tax for the service of the next. “The organization of the government of the state of Ken- tucky, being an event peculiarly interesting to a part of our - fellow citizens, and conducive to the general order, affords us particular satisfaction. “We are happy to learn, that the high state of our credit abroad has been evinced by the terms in which the new loans have been negotiated. “In the course of the session, we shall proceed to take into consideration the several objects which you have been pleased to recommend to our attention; and, keeping in view the import- ance of union and stability in the public councils, we shall la- bour to render our decisions conducive to the safety and happi- ness of our country. “We repeat with pleasure our assurances of confidence in your administration, and our ardent wish that your unabated zeal for the public good may be rewarded by the durable prosperity º of the nation, and every ingredient of personal happiness. - - ** JoHN LANGDon, “President pro tempore.” To this address the President of the United States made the following reply:— - - Reply of “I derive much pleasure, gentlemen, from your very satis. * factory address. The renewed assurances of your confidence in 140 History of congress. CHAP. f. Organization of Houses–Rules, &c. 1792-93. #gº my administration, and the expression of your wish for my per- - sonal happiness, claim and receive my particular acknowledg- ments. In my future endeavour for the public welfare, to which - my duty may call me, I shall not cease to count upon the firm, º enlightened, and patriotic support of the Senate. - “G, WASHINGTON.” House re. On the 7th, the House of Representatives resolved that an H. Journal, º address should be presented to the President, and Messrs. Ma- º 615, dress. dison, Benson, and Murray, were appointed a committee to pre- pare the same. Mr. Madison, from this committee, reported an address on the 9th, which, being amended and agreed to, was presented to the President of the United States on the 12th of November, by the speaker, attended by the House, as fol- lows:— - Address to Sir: The House of Representatives, who always feel a satis. Id. p. 616, *dent faction in meeting you, are much concerned that the occasion 617, for mutual felicitation, afforded by the circumstances favourable to the national prosperity, should be abated by a continuance of that hostile spirit of many of the Indian tribes; and, particular- ly, that the reiterated efforts for effecting a general pacification with them should have issued in new proofs of their persevering enmity, and the barbarous sacrifice of citizens, who, as the mes- sengers of peace, were distinguishing themselves by their zeal for the public service. In our deliberations on this important department of our affairs, we shall be disposed to pursue every measure that may be dictated by the sincerest desire, on one hand, of cultivating peace, and manifesting, by every practica- ble regulation, our benevolent regard for the welfare of these misguided people; and, by the duty we feel, on the other, to provide, effectually, for the safety and protection of our fellow citizens, “While with regret we learn, that symptoms of opposition to the law imposing duties on spirits distilled within the United States have manifested themselves, we reflect with consolation, that they are confined to a small portion of our fellow citizens. It is not more essential to the preservation of true liberty, that a government should be always ready to listen to the represen- tations of its constituents, and to accommodate its measures to the sentiments and wishes of every part of them, as far as will consist with the good of the whole, than it is, that the just au- thority of the laws should be steadfastly maintained. Under this impression, every department of the government, and all good citizens, must approve the measures you have taken, and the HISTORY OF CONGRESS. - 141 Ch.A.P. T. Organization of Houses—Rules, &c. 1792–93. gº purpose you have formed, to execute this part of your trust with *† firmness and energy: and be assured, sir, of every constitu- ſº.” tional aid and co-operation which may become requisite on our part. And we hope, that, while the progress of contentment under the law in question is as obvious as it is rational, no parti- cular part of the community may be permitted to withdraw from the general burdens of the country, by a conduct as irre- concilable to national justice as it is inconsistent with public de- cency. “The productive state of the public revenue, and the con- firmation of the credit of the United States abroad, evinced by the loans at Antwerp and Amsterdam, are communications the more gratifying, as they enforce the obligation to enter on systematical and effectual arrangements for discharging the public debt, as fast as the conditions of it will permit; and we take pleasure in the opportunity to assure you of our entire con- currence in the opinion, that no measure can be more desirable, whether viewed with an eye to the urgent wish of the commu- nity, or the intrinsic importance of promoting so happy a change in our situation. “The adoption of a constitution for the state of Kentucky, is an event in which we join in all the satisfaction you have ex- pressed. It may be considered as particularly interesting, since, besides the immediate benefits resulting from it, it is another auspicious demonstration of the facility and success with which an enlightened people is capable of providing, by free and deli- berate plans of government, for their own safety and happiness -- - “The operation of the law establishing the post office, as it relates to the transmission of newspapers, will merit our parti- - cular inquiry and attention—the circulation of political intelli- gence through these vehicles, being justly reckoned among the surest means of preventing the degeneracy of a free govern- ment, as well as of recommending every salutary public measure to the confidence and co-operation of all virtuous citizens. “The several other matters which you have communicated and recommended, will, in their order, receive the attention due to them; and our discussions will, in all cases, we trust, be guided by a proper respect for harmony and stability in the public coun- cils, and a desire to conciliate more and more the attachment of our constituents to the constitution, by measures accommodated to the true ends for which it was established.” To which address the President of the United States made the following reply:- 142 HISTORY OF CONGRESS, - CHAP. T. Organization of Houses—Rules, &c. 1792–93. #gº. “Gentlemen: It gives me pleasure to express to you the satis-Hºma, faction which your address affords me. I feel, as I ought, the P. 618. ºf approbation you manifest of the measures I have taken, and the purpose I have formed, to maintain, pursuant to the trust reposed in me by the constitution, the respect which is due to the laws; and the assurance which you, at the same time, give me, of eve- ry constitutional aid and co-operation that may become requisite, on your part. “This is a new proof of that enlightened solicitude for the establishment and confirmation of public order, which, embracing . a zealous regard for the principles of true liberty, has guided the deliberations of the House of Representatives; a perseverance in which can alone secure, under the Divine blessing, the real and permanent felicity of our common country. * G. WASHINGTON.” Purchase On the 28th of November, the secretary of the Senate was di- S. Journal, **P* rected to purchase a map of the United States, and maps of the P. “” respective states, for the use of the Senate. A motion was made on the 3d of January, 1793, that the Se- nate adopt the following resolutions:— “Resolved—That the Senate of the United States are indivi-1d. p. 467, vidually responsible for their conduct to their constituents, who 4°. are entitled to such information as will enable them to form a just estimate thereof. - “Resolved—That the Journals are too voluminous and expensive to circulate generally; and if it were otherwise, that the infor- mation they contain, as to the principles, motives, and designs, of individual members, is inadequate. “Resolved—That this information, defective as it is, becomes more nugatory and delusive, in proportion as the occasion for it increases, since the Senate make their own Journals. “Resolved—That the conducting of the legislative and judicial powers of the Senate in public, and suffering an account of their measures and deliberations to be published in the newspapers, is the best means of diffusing general information concerning the principles, motives, and conduct, of individual members; and that, - by withholding this information, responsibility becomes unavail- ing; the influence of their constituents over one branch of the le. gislature, in a great measure, annihilated; and the best security - which experience has devised against the abuse of power and a mal-administration, abandoned. - HISTORY OF CONGRESS. 143 Chap. I. Organization of Houses—Rules, &c. 1792–93. #gº. “Resolved, therefore, That it be a standing rule that the doors - Motion to of the senate chamber remain open, whilst the Senate shall be open doors sitting in a legislative or judicial capacity, except on such occa- of 8* signs as, in their judgment, may require secrecy: and that this * rule shall commence and be in force on the first day of the next session of Congress. “Resolved—That the secretary of the Senate request the com- missioners of the city and county of Philadelphia to cause a pro- per gallery to be erected for the accommodation of an audience.” considera. A motion to print these resolutions was negatived, and their s. Journal, #.* consideration was postponed till the first Monday in February. P. ** - On the 4th of February, the subject was again taken up. A motion was then made for the previous question, namely—whe- ther the question should be now put on the four preliminary resolutions; and the question being taken by yeas and nays, it was decided as follows:— - Yeas—Messrs. Burr, Butler, Edwards, Gunn, Monroe, Potts, Taylor.—7. - JVays—Messrs. Bassett, Bradley, Brown, Cabot, Dickinson, Ells- worth, Foster, Hawkins, Henry, Johnston, Izard, King, Langdon, Morris, Read, Robinson, Rutherford, Sherman, Stanton, Strong, Wingate.—21. Motion me. The question was then taken on agreeing to the main ques- gatived. tion, being the fifth resolution; and the yeas and nays being called, it was decided as follows:— Yeas—Messrs. Brown, Burr, Butler, Edwards, Gunn, Hawkins, King, Monroe, Potts, Taylor.—10. JVays—Messrs. Bassett, Bradley, Cabot, Dickinson, Ellsworth, Foster, Henry, Johnston, Izard, Langdon, Morris, Read, Robin- son, Rutherford, Sherman, Stanton, Strong, Wingate—18. The last resolution was then negatived without a division. On the 18th of February, the following message was received from the President of the United States:— “Gentlemen of the Senate and House of Representatives:— Plat of ter. “I now lay before you a report and plat of the territory of 1d. p. 489. #. the United States on the Potomac, as given in by the commis- - sioners of that territory, together with a letter from the secreta- ry of state, which accompanied them. The papers, being origi- mal, are to be again deposited with the records of the depart- , - - 144 HISTORY OF CONGRESS. Char, I. Organization of Houses—Rules, &c. 1792–93. §gº. ment of state, after having answered the purpose of your infor- mation. - “G. WASHINGTON. “ United States, February 18, 1793.” - order to On the 2d of March, the Senate passed an order, “that the s. Journal, .."." Secretary return all original papers not addressed to the Senate, P. * pers. which have been laid before them, during the present session, by the President, or by any of the heads of departments.” Examining On the 5th of February, the House of Representatives ap- H. Jºurnal, Kºº. pointed Messrs. W. Smith, Madison, and Lawrance, a commit- p. 689. tee, on their part; and on the 6th, the Senate appointed Messrs. S. Journal, King, Izard, and Strong, to be their committee, “to ascertain p. 480. and report the mode of examining the votes for President and Vice-President; and of notifying the persons who shall be elect- ed, of their election; and to regulate the time, place, and man- ner of administering the oath of office to the President.” On the H. Journal, 11th, the joint committee reported to the two houses; and in pur- º 701, suance of this report, the House of Representatives repaired to the Senate chamber on the 13th, when the votes were counted in the presence of both houses, and George Washington was de- S. Journal, clared to be unanimously elected President of the United States, ** and John Adams, by a plurality of votes, elected Vice-President, for the period of four years. On the 14th, a joint committee H. Journal, was appointed to notify the President of his election; consisting P. 703. of Messrs. W. Smith, Madison, and Lawrance, of the House, and . . Messrs. King, Izard, and Strong, of the Senate; and on the fol- lowing day, this committee reported that they had performed the duty assigned to them. Bill for The House of Representatives, on the 20th of February, ap- Id.p.709– *... pointed Messrs. Muhlenberg, W. Smith, and Sedgwick, a com- 713. 715. of Conº mittee to bring in a bill fixing the time for the next annual meet- gress. ing of Congress. On the 22d, the bill was reported, received its first and second readings, and on the 23d the bill was passed by the house. In the Senate the bill received its first reading s. Journal, on the 23d, was read a second time, and amended on the 25th, * and on the 26th it was read a third time. On the 27th the House II ournal, disagreed to the amendments made by the Senate, and on the p. 720. same day, the Senate determined to adhere to their amendments. s. Journal, The House having, on the 28th, resolved to insist on their disa- P. * greement, desired a conſerence with the Senate, on the subject matter of the same, and appointed Messrs. Livermore, Muhlen- H. Journal, berg, and W. Smith, to be managers of the said conference, on P. 723. the part of the House. The Senate having agreed to the pro- HISTORY OF CONGRESS. 145 CHAP. I. Organization of Houses—Rules, &c. 1792–93. §§ºngress posed conference, appointed Messrs. Gunn, Taylor, and Lang- s. Journal 2 2d Session. - - - don, to be managers of the said conference, on their part. On p.498.509. the 2d of March, this committee reported to the two houses, H. Journal. “that they could not come to any agreement:” and thus the P'7°. bill was defeated. . Election of On the 1st of March the Vice-President being absent, the Se- s. Journal, º nate proceeded to the election of a president pro tempore, and P. “” John Langdon was elected. - Committee Both houses having brought their business to a close, appoint- id. p. 505. }..." ed, on Saturday evening, the 20th of March, a joint committee, consisting of Messrs. Johnson and Rutherford, of the Senate, and Messrs. Boudinot, Sedgwick, and Hindman, of the House, to wait on the President, and inform him that Congress was Thanks to about to adjourn. The thanks of the house were then unani- H. Journal, speaker. mously voted to Jonathan Trumbull, “in testimony of their ap- P. 735. probation of his conduct in the chair, and in the execution of the difficult and important trust reposed in him as speaker of the " said house.” The speaker then addressed the house as follows:– speaker’s “Gentlemen: You have made me very happy by this testimony reply. of your approbation of my conduct in the chair. I feel, at the same time, an additional pleasure in this opportunity of rendering to you my sincere acknowledgments for the kind candour and indulgence, as well as the constant aid and support, which I have experienced in the performance of the duty which you were pleased to assign me. Be assured, gentlemen, I shall ever retain a grateful sense of your goodness; and you will suffer me to add, that my best wishes for your welfare and happiness, in public and private life, ** will attend each member of this honourable body.” officers to By a previous resolution of the house, it had been resolved Id, p. 731. .." that the clerk, door-keeper, and assistant door-keeper of the house, appointed. should be deemed to continue in office, until successors should be appointed. The joint committee having reported that the President had ºum. no further communications to make, the two houses then ad- Iſlent - - - journed, sine die. Vol. I.-19. 146 HISTORY OF CONGRESS. - CHAP: II. - The Constitution—Ratifications—Amendments, &c. 1790. 1st Congress. C HATP TETR HI. Ratifications of Constitution—Amendments proposed to States—Ratifications of Amendments—Census—Apportionment of Representation—Officers to fill Va- cancies in Office—Time of choosing Electors—Transmission of Votes—Com- pensation Bill—Judiciary—Salaries—Processes—Courts—Fugitives from Jus- tice—Crimes and Punishments—Prisoners—Private Claims—Admission of Kentucky and Vermont. - Ratifica. PREVIOUSLY to the assembling of the First Congress at the city s. Journal, .. of New York, New Hampshire, Massachusetts, Connecticut, New P. 104. 11 States. York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, - South Carolina, and Georgia, had ratified the Constitution. The By North ratification of the Constitution by the state of North Carolina, H. Journal, Carolina took place in a convention of the “freemen, citizens, and inha- P. 138. bitants,” of that state, on the 21st of December, 1789, and was communicated to the two houses of Congress, in a message from Id. p. 299. - the President of the United States, on the 11th of January, 1790. By Rhode The state of Rhode Island and Providence Plantations, in con- s. Journal, * vention, ratified the Constitution on the 29th of May, 1790, en- P: 158 joining it upon her senators and representatives to use all their - influence to obtain the adoption, by Congress, of twenty-one amendments, which are specified and attached to the act of ra- tification. The first communication of the fact, by the President H. Journal, of the United States, to Congress, was made on the 1st of June, º 1790; and a copy of the act of ratification was transmitted to each house on the 16th of June. The amendments proposed by the state of Rhode Island are as follows:– Amend. “First. The United States shall guaranty to each state its º: rº. sovereignty, freedom, and independence, and every power, juris- it. Island diction, and right, which is not by this Constitution expressly de- legated to the United States. “Second. That Congress shall not alter, modify, or interfere in, the times, places, or manner, of holding elections for senators and representatives, or either of them, except when the legisla- ture of any state shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the same; or in case when the provision made by the states is so imperfect, as that no consequent election is had, and then only until the legislature of such state shall make provision in the premises. History of congress. 147 Chap. II. 1st Congress. Amend- ments pro- posed by R. Island. The Constitution—Ratifications—Amendments, &c. “Third. It is declared by the convention, that the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a state; but, to remove all doubts or controversies respecting the same, that it be especially ex- pressed, as a part of the Constitution of the United States, that Congress shall not, directly, or indirectly, either by themselves, or through the judiciary, interfere with any one of the states in the redemption of paper money already emitted and now in circula- tion, or in liquidating or discharging the public securities of any one state: that each and every state shall have the exclusive right of making such laws and regulations for the before-men- tioned purpose, as they shall think proper. “Fourth. That no amendments to the Constitution of the United States, hereafter to be made, pursuant to the fifth article, shall take effect, or become a part of the Constitution of the United States, after the year one thousand seven hundred and ninety- three, without the consent of eleven of the states heretofore united under one confederation. “Fifth. That the judicial powers of the United States shall ex- tend to no possible case, where the cause of action shall have ori- ginated before the ratification of this Constitution, except in dis- putes between the states about their territory; disputes between persons claiming lands under grants of different states; and debts due to the United States. “Sixth. That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of gene- ral invasion; any thing in the second paragraph of the sixth ar- ticle of the Constitution, or any law made under the Constitution, to the contrary notwithstanding. “Seventh. That no capitation or poll tax shall ever be laid by Congress. - “Eighth. In cases of direct taxes, Congress shall first make re- quisitions on the several states to assess, levy, and pay, their re- spective proportions of such requisitions, in such way and man- ner as the legislatures of the several states shall judge best; and in case any state shall neglect, or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest, at the rate of six per cent. per annum, from the time prescribed in such requisition. “JWinth. That Congress shall lay no direct taxes without the consent of the legislatures of three-fourths of the states in the Union. 1790. 148 HISTORY OF CONGRESS. CHAP. II. 1st Congress. Amend- ments pro- posed by R. Island. The Constitution—Ratifications—Amendments, &c. “Tenth. That the Journals of the proceedings of the Senate and House of Representatives, shall be published as soon as con- veniently may be, at least once in every year, except such parts thereof, relating to treaties, alliances, or military operations, as in their judgment require secrecy. “Eleventh. That regular statements of the receipts and ex- penditures of all public moneys, shall be published at least once a year. “Twelfth. As standing armies in time of peace are dangerous to liberty, and ought not to be kept up except in cases of ne- cessity, and, as at all times the military should be under strict subordination to the civil power, that, therefore, no standing army, or regular troops, shall be raised, or kept up in time of peace. “Thirteenth. That no moneys be borrowed on the credit of the United States, without the assent of two-thirds of the senators and representatives present in each house. “Fourteenth. That the Congress shall not declare war, with- out the concurrence of two-thirds of the senators and repre- tentatives present in each house. “Fifteenth. That the words without the consent of Con- gress,’ in the seventh clause in the ninth section of the first arti- cle of the Constitution, be expunged. “Sixteenth. That no judge of the Supreme Court of the United States shall hold any other office under the United States, or any of them: nor shall any officer appointed by Congress, or by the President and Senate of the United States, be permitted to hold any office under the appointment of any of the states. “Seventeenth. As a traffic tending to establish or continue the slavery of any part of the human species, is disgraceful to the cause of liberty and humanity, that Congress shall, as soon as may be, promote and establish such laws and regulations as may effectually prevent the importation of slaves of every descrip- tion into the United States. “Eighteenth. That the state legislatures have power to recall, when they think it expedient, their federal senators, and to send others in their stead. “JVineteenth. That Congress have power to establish a uniform rule of inhabitancy or settlement of the poor of the different states, throughout the United States. “Twentieth. That Congress erect no company with exclusive advantages of commerce. . “Twenty-first. That when two members shall move or call for 1790. HISTORY OF CONGRESS. 149 Chap. II. The Constitution–Ratifications—Amendments, &c. 1790. 1st Congress, the ayes and nays on any question, they shall be entered on the Journals of the houses respectively.” #º. During the first session of the first Congress, Mr. Benson sub- 1789. T mitted to the House of Representatives a motion that the house Lloyd's go into committee of the whole, on the state of the Union, in ‘...; order to consider the following resolution:- —414. “The Congress of the United States do resolve and declare it to be their most earnest desire, that the legislature of the State of Rhode Island and Providence Plantations do recommend to the people of that state to choose delegates to meet in conven- tion, and to whom the Constitution of the United States is to be submitted, conformably to the unanimous resolution of the United States in Congress assembled, of the 28th of September, 1787.” Some debate took place on this motion, when the previous question being demanded, it was determined that the main ques- tion should not now be put. t º: On the 5th of May, 1789, Mr. Bland, a representative from H.Journal, º .* Virginia, presented to the House of Representatives the follow- Pºº". º ing application, in the name and behalf of the legislature and Inents. commonwealth of Virginia — “VIRGINIA, To wit:- - - “In General Assembly, November 14th, 1788. “Resolved—That an application be made in the name and on behalf of the legislature of this commonwealth to the Con- gress of the United States, in the words following, to wit:- “The good people of this commonwealth, in convention as- sembled, having ratified the Constitution submitted to their con- sideration, this legislature has, in conformity to that act, and the resolutions of the United States, in Congress assembled, to them transmitted, thought proper to make the arrangements that were necessary for carrying it into effect. Having thus shown them- selves obedient to the voice of their constituents, all America will find that so far as it depended on them, that plan of govern- ment will be carried into immediate operation. “But the sense of the people of Virginia would be but in part complied with, and but little regarded, if we went no further, In the very moment of adoption, and coeval with the ratification of the new plan of government, the general voice of the con- vention of this state pointed to objects no less interesting to the people we represent, and equally entitled to our attention. At 150 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. #gº. the same time that, from motives of affection to our sister states, st Session. - - - * the convention yielded their assent to the ratification, they gave º: the most unequivocal proofs that they dreaded its operation un- ginia. der the present form. * “In acceding to the government, under this impression, pain- ful must have been the prospect, had they not derived conso- lation from a full expectation of its imperfections being speedi- ly amended. In this resource, therefore, they placed their con- fidence—a confidence that will continue to support them, whilst they have reason to believe that they have not calculated upon it in vain. “In making known to you the objections of the people of this commonwealth to the new plan of government, we deem it unne- cessary to enter into a particular detail of its defects, which they consider as involving all the great and unalienable rights of free- men. For their sense on this subject, we beg leave to refer you to the proceedings of their late convention, and the sense of the house of delegates, as expressed in their resolutions of the 30th day of October, 1788. “We think proper, however, to declare, that, in our opinion, as these objections were not founded in speculative theory, but deduced from principles which have been established by the me- lancholy example of other nations in different ages, so they will never be removed, until the cause itself shall cease to exist. The sooner, therefore, the public apprehensions are quieted, and the government is possessed of the confidence of the people, the more salutary will be its operations, and the longer its duration. “The cause of amendment we consider as a common cause: and, since concessions have been made from political motives, which, we conceive, may endanger the republic, we trust that a commendable zeal will be shown for obtaining those provisions, which experience has taught us are necessary to secure from danger the unalienable rights of human nature. “The anxiety with which our countrymen press for the ac- complishment of this important end, will ill admit of delay. The slow forms of congressional discussion and recommendation, if, indeed, they should ever agree to any change, would, we fear, be less certain of success. Happily for their wishes, the Consti- tution hath presented an alternative, by admitting the submis- sion to a convention of the states. To this, therefore, we resort as the source from whence they are to derive relief from their present apprehensions. “We do, therefore, in behalf of our constituents, in the most 1789. HISTORY OF CONGRESS. 151 Chap. II. The Constitution—Ratifications—Amendments, &c. 1789. #º earnest and solemn manner, make this application to Congress, − that a convention be immediately called of deputies from the se- º: veral states, with full power to take into their consideration the ginia. defects of this Constitution that have been suggested by the state conventions, and report such amendments thereto as they shall find best suited to promote our common interests, and secure to ourselves, and our latest posterity, the great and unalienable rights of mankind, “JoHN Jon Es, “Speaker of Senate. “THOMAS MATHEws, “Speaker of House of Delegates.” Mr. Bland moved to refer this application to a committee of the whole on the state of the Union, and the motion was second- ed by Mr. Parker. But the motion was subsequently waived, and it was agreed to enter the application at large on the Jour- nal; as it was deemed by Mr. Madison and others that Congress had no right to enter upon the subject of a convention to amend the Constitution, until required to do so by two-thirds of the states. Mr. Lawrance, a representative from New York, presented to the house, on the following day, the following application, in the name and behalf of the legislature of that state:— * State of Wew York. “In Assembly, February 5th, 1789. Applica. “Resolved—if the honourable the Senate concur therein, that H. Journal, º, *. an application be made to the Congress of the United States of * 29, 30. - America, in the name and behalf of the legislature of this state, in the words following, to wit:— “The people of the state of New York having ratified the convention agreed to on the 17th day of September, in the year of our Lord 1787, by the convention then assembled at Phila- delphia, in the state of Pennsylvania, as explained by the said ratification, in the fullest confidence of obtaining a revision of the said Constitution by a general convention: and in confidence that certain powers in and by the said Constitution granted, would not be exercised, until a convention should have been called and convened for proposing amendments to the said Con- stitution. In compliance, therefore, with the unanimous sense of the convention of this state, who all united in opinion, that such a revision was necessary to recommend the said constitu- 152 - HISTORY OF CONGRESS, Chap. II. The Constitution—Ratifications—Amendments, &c. 1789. #gº. tion to the approbation and support of a numerous body of their * constituents; and a majority of the members of which conceived tiº: several articles of the Constitution so exceptionable, that nothing York, but such confidence, and an invincible reluctance to separate from our sister states, could have prevailed upon a sufficient number to assent to it, without stipulating for previous amendments; and from a conviction that the apprehensions and discontents which these articles occasion, cannot be removed or allayed, unless an º act to revise the said Constitution be among the first that shall be passed by the new Congress; we, the legislature of the state of New York, do, in behalf of our constituents, in the most ear- nest and solemn manner, make this application to the Congress, that a convention of deputies from the several states be called as early as possible, with full powers to take the said Constitution into their consideration, and to propose such amendments there- to, as they shall find best calculated to promote our common in- terests, and secure to ourselves, and our latest posterity, the great and unalienable rights of mankind. “By order of the assembly: - - “JoHN LANSING, jr., “Speaker. “IN SENATE, February 7, 1789. “By order of the Senate. “PIERRE WAN CoRTLANDT, President.” subject The first action of Congress upon this subject was on the 8th H. Journal, *..." of June, when a motion was made in the House of Representa- p. 46. tives, that the house do come to a resolution, stating certain specific amendments proper to be proposed by Congress to the legislatures of the states, to become, if ratified by three-fourths thereof, part of the Constitution of the United States, which motion was referred to the consideration of the committee of the whole house on the state of the Union. On the 21st of July, the house, on motion, ordered that the committee of the whole house on the state of the Union be discharged from proceeding on this motion; and that the said motion, together with the amendments to the said Constitution, as proposed by the several states, be referred to a committee, to consist of a member from each state, with instruction to take the subject of amendments to the Constitution of the United States, generally, into their con- sideration, and to report thereupon to the house; and the fol- committee lowing committee was appointed: Messrs. Vining, Madison, Id. p. 64. *PP* Baldwin, Sherman, Burke, Clymer, Benson, Gilman, Goodhue, Reported. Boudinot, and Gale, Mr. Vining made a report from this commit- Id, p. 66. HISTORY OF CONGRESS. 153 CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. #gº." tee on the 28th of July, which was read and ordered to lie on the ession. - s table. And, on the 3d of August, the house resolved, that it H. Journal, consider would, on Wednesday the 12th, resolve itself into a committee P. 70–82. .."; of the whole house to take the subject into consideration. On the whole, the 13th, the house went into committee of the whole on the re- port, which occupied the committee daily until the 18th, on Amend- which day the committee reported several amendments. Pre- * viously to the house going into committee on the 18th, the fol- lowing motion was submitted:— - “That such of the amendments to the Constitution, proposed Id. p. 81. by the several states, as are not in substance comprised in the report of the select committee appointed to consider amend- Motion ments, be referred to a committee of the whole house; and that * all the amendments which shall be agreed to by the committee last mentioned, be included in one report.” The previous question having been demanded by five mem- bers—“Shall the main question, to agree to the said order, be now put?”—on the question, “Shall the main question be now put?”—the ayes and noes being required, it was decided as fol- lows:— •Ayes–Messrs. Burke, Coles, Floyd, Gerry, Griffin, Grout, Hathorn, Livermore, Page, Parker, Van Rensselaer, Sherman, Stone, Sturges, Sumpter, Tucker.—16. Noes—Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gilman, Good- hue, Hartley, Heister, Huntington, Lawrance, Lee, Madison, jr., Moore, Muhlenberg, Partridge, Schureman, Scott, Sedgwick, Seney, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop.–34. . Proposi- On the 18th, it was moved that the following propositions of Id. p. 82. * to a amendment to the Constitution of the United States be referred mend Con- - - stitution, to a committee of the whole house; to wit:— “Article 1, Section 2, Clause 2–At the end, add these words: ‘nor shall any person be capable of serving as a repre- sentative more than six years, in any term of eight years.” “Clause 3. –At the end, add these words: from and after the commencement of the year 1795, the election of senators for each state shall be annual: and no person shall be capable of serving as a senator more than five years, in any term of six - years.” WoL. I.-20 154 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. #gº. “ Section 4, Clause 1–Strike out the words, “But the Con- st Session. Proposi- tion to a- mend Con- stitution. gress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators.” “ Section 5, Clause 1.-Amend the first part to read thus: * Each state shall be the judge (according to its own laws) of the election of its senators and representatives to sit in Congress, and shall furnish them with sufficient credentials; but each house shall judge of the qualifications of its own members. A majo- rity of said houses shall constitute,’ &c. ** Clause 2. —Strike out these words: “ and, with the concur- rence of two-thirds, expel a member;’ and insert the word “and,’ after the word ‘proceedings.” “Section 6, Clause 2. —Amend, to read thus: “No person, having been elected, and having taken his seat as a senator or re- presentative, shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States; and no person,’ &c. “...Article 1, Section 8, Clause 1.—At the end, add these words: * No direct tax shall be laid, unless any state shall have neglect- ed to furnish, in due time, its proportion of a previous requisi- tion; in which case, Congress may proceed to levy, by direct taxation, within any state so neglecting, its proportion of such requisition, together with interest, at the rate of six per cent. per annum, from the time it ought to have been furnished, and the charges of levying the same.” “Clause 9. –Strike out the words, “ tribunals inferior to the Supreme Court,” and insert the words, “ Courts of Admiralty.” “ Clause 17.-At the end, add these words: ‘ Provided, That the Congress shall not have authority to make any law to pre- vent the laws of the states respectively, in which such district or places may be, from extending to such district or places in all civil and criminal matters, in which any person, without the li- mits of such district or places, shall be a party aggrieved.” ** Section 9, Clause 7.-Strike out the words, without the consent of the Congress;' and amend to read thus: shall accept of any present or emolument, or hold any office or title of any kind whatever, from any king, prince, or foreign state: Pro- vided, That this clause shall not be construed to affect the rights of those persons (during their own lives) who are now citizens of the United States, and hold foreign titles.” * Section 10, Clause 2.—Amend the first sentence to read thus: “No state shall lay any duties on imports or exports, or any duty of tonnage, except such as shall be uniform in their History of congress. 155 Chap. II. The Constitution—Ratifications—Amendments, &c. 1789. #gº operation on all foreign nations, and consistent with the existing treaties; and also uniform in their operation on the citizens of all a. *. the several states in the Union.” mend Con- “..Article 2, Section I, Clause 5.—At the end, add these * words: ‘nor shall any person be capable of holding the office of President of the United States more than eight years in any term of twelve years.” “Section 2, Clause 1.-Strike out the words, be command- er-in-chief,” and insert, “ have power to direct (agreeably to law) the operations.” “Clause 3.−At the end, add these words: “He shall also have power to suspend from his office, for a time not exceeding twelve months, any officer whom he shall have reason to think unfit to be intrusted with the duties thereof; and Congress may, by law, provide for the absolute removal of officers found to be unfit for the trust reposed in them.” “...Article 3, Section 1.-From each sentence strike out the words, “inferior courts,” and insert the words, “ Courts of Ad- miralty.” “Section 2, Clause 1.-Strike out the words, “ between a state and citizens of another state,’ &c., to the end, and amend to read thus: ‘between a state and foreign states, and between - citizens of the United States, claiming the same lands under grants of different states.” - “...Article 6, Clause 3.−Between the word no,” and the word “religious,” insert the word, other.’” - - Negatived. On the question of the commitment of these propositions, it H. Journal, was decided in the negative. - p. 83, 84. Decision On the 19th and 20th of August, the house was occupied in Id. p. 85, . cº: the consideration of the amendments made by the committee of 86. tee. the whole house to the report of the committee of eleven; and, on the 20th, the said amendments being partly agreed to, and partly disagreed to, the house proceeded to consider the original report of the committee of eleven, consisting of seventeen arti- Adoption cles, as now amended; and the sixteen first articles were agreed ...” to, two-thirds of the members concurring. The articles agreed to are as follows:– “1. After the first enumeration, there shall be one represent- ative for every thirty thousand, until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred re- presentatives, nor less than one representative for every for- 156 HISTORY OF CONGRESS. - CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. #gº ty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so lºº regulated, that there shall not be less than two hundred repre- sentatives, nor less than one representative for every fifty thou- sand persons. “2. No law varying the compensation of members of Con- gress shall take effect until an election of representatives shall have intervened. “3. Congress shall make no law establishing religion, or pro- prohibiting the free exercise thereof; nor shall the rights of con- science be infringed. “4. The freedom of speech, and of the press, and the right of the people peaceably to assemble, and consult for their com- mon good, and to apply to the government for redress of grie- vances, shall not be infringed. “5. A well regulated militia, composed of the body of the peo- ple, being the best security of a free state, the right of the peo- ple to keep and bear arms shall not be infringed; but no one re- ligiously scrupulous of bearing arms shall be compelled to ren- der military service in person. “6. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. “7. No person shall be subject, except in case of impeach- ment, to more than one trial, or one punishment for the same of. fence; nor shall be compelled, in any criminal case, to be wit- ness against himself; nor be deprived of life, liberty, or proper- ty, without due process of law; nor shall private property be taken for public use, without just compensation. “8. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. “9. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and - seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and par- ticularly describing the place to be searched, and the persons or things to be seized. “10. The enumeration in this Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. º “11. No state shall infringe the right of trial by jury in cri- minal cases; nor the rights of conscience; nor the freedom of speech, or of the press. - HISTORY OF CONGRESS. 15? Chap. II. - The Constitution—Ratifications—Amendments, &c. 1789. 1st Congress. 1st Session. Adopted articles. Motion to amend 17th arti- Cle, “12. No appeal to the Supreme Court of the United States shall be allowed where the value in controversy shall not amount to one thousand dollars; nor shall any fact, triable by a jury, ac- cording to the course of the common law, be otherwise re-exa- minable than according to the rules of common law. “13. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his de- fence. - “14. The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger,) shall be by an impartial jury of the vicinage, with the requisite of unani- mity for conviction, the right of challenge, and other accustomed requisites; and no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment by a grand jury; but if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorized in some other place within the same state. “15. In suits at common law, the right of trial by jury shall be preserved. “16. The powers delegated by the Constitution to the go- vernment of the United States, shall be exercised as therein appropriated; so that the legislature shall never exercise the powers vested in the executive or judicial; nor the executive the powers vested in the legislative or judicial; nor the judicial the powers vested in the legislative or executive.” | The 17th article of amendment, reported by the committee, is as follows:— “The powers not delegated by the Constitution, nor prohi- bited by it to the states, are reserved to the states respectively.” A motion was made to amend this article, by inserting, after the third word, (“not,”) the word “ea pressly.” And the ayes and noes being required on this question, it was decided as follows:— Ayes–Messrs. Burke, Coles, Floyd, Gerry, Grout, Hathorn, Jackson, Livermore, Page, Parker, Partridge, Van Rensselaer, Smith, of South Carolina, Stone, Sumpter, Thatcher, Tucker.— 17. H. Journal, p. 86. 158 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. 1st Congress. * 1st Session. Negatived. 1Motion to add an- other arti- cle. Negatived. Motion to add an- other a- mendment, Noes–Messrs. Ames, Benson, Boudinot, Brown, Cadwala- der, Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Good- hue, Hartley, Heister, Lawrance, Lee, Madison, jr., Moore, Muhlenberg, Schureman, Scott, Sedgwick, Seney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Sturges, Trumbull, Vining, Wadsworth, Wynkoop.–32. - The article was then agreed to in the original form, two-thirds of the members concurring. It was then moved to add to the others, the following arti- cle:— “Congress shall not alter, modify, or interfere in, the times, places, or manner of holding elections of senators, or representa- tives, except when any state shall refuse, or neglect, or be una- ble, by invasion or rebellion, to make such election.” The question on this motion being required by ayes and noes, it was decided as follows:– ºffyes–Messrs. Burke, Coles, Floyd, Gerry, Griffin, Grout, Hathorn, Heister, Jackson, Livermore, Mathews, Moore, Page, Parker, Partridge, Van Rensselaer, Seney, Silvester, Smith, of South Carolina, Stone, Sumpter, Thatcher, Tucker.—23. Noes—Messrs. Ames, Benson, Boudinot, Brown, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Goodhue, Hartley, Lawrance, Lee, Madison, jr., Muhlenberg, Schureman, Scott, Sedgwick, Sherman, Sinnickson, Smith, of Maryland, Sturges, Trumbull, Vining, Wadsworth, Wynkoop.–28. The subject being again taken up for consideration on the 22d of August, a motion was made to add to the amendments already agreed to, the following article:— “The Congress shall never impose direct taxes, but where the moneys arising from the duties, imposts, and excise, are in- sufficient for the public exigencies; nor then, until Congress shall have made a requisition upon the states, to assess, levy, and pay, their respective proportions of such requisitions; and, in case any state shall neglect or refuse to pay its proportion pursuant to such requisition, then Congress may assess and levy such state's proportion, together with interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed by such requisition.” The question on this motion being taken by ayes and noes, it was decided in the negative, by the following vote:– H. Journal, p. 86,87. Id. p. 87, 88, HISTORY OF CONGRESS. 1.59 Chap. II. The Constitution—Ratifications—Amendments, &c. 1789. 1st gongress. Ayes—Messrs. Burke, Coles, Floyd, Grout, Hathorn, Liver- 1st Session. *— more, Van Rensselaer, Sumpter, Tucker.—9. Negatived. Noes—Messrs. Ames, Benson, Brown, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Goodhue, Hartley, Heister, Jackson, Lawrance, Lee, Madison, jr., Ma- thews, Moore, Muhlenberg, Page, Parker, Partridge, Schure- man, Scott, Sedgwick, Seney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Thatcher, Trumbull, Vining, Wadsworth.-39. various It was then moved further to amend the Constitution, as fol- H. Journal, motions to lows:– p. 88. amend. - “Article 1, Section 8, Clause 9.—Strike out the words ‘tri- bunals inferior to the Supreme Court, and insert the words ‘Courts of Admiralty.’” But this motion was decided in the negative: A motion was then made further to amend the Constitution, as follows:— - “In the third section of the sixth article, insert the word ‘other’ between the word ‘no’ and the word ‘religious.” This motion was also negatived. It was then further moved to add the following to the other amendments. “That Congress erect no company of merchants with exclu- sive advantages of commerce.” This motion was also determined in the negative. A motion was then made to add the following amendment:- “Congress shall at no time consent, that any person holding an office of trust or profit under the United States, shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state.” This motion was also decided in the negative. committee No other proposition to amend being brought forward, the H.Journal, º house appointed Messrs. Benson, Sherman, and Sedgwick to be P; * a committee to prepare and report a proper arrangement of, and introduction to, the articles of amendment, as they had been agreed to. This committee, on the 24th, reported an arrange- - ment of the articles of amendment, and a resolution proper to be prefixed to the same, which was agreed to as follows:– 160 HISTORY OF CONGRESS. CHAP. II. 1st Congress. 1st Session. Report. Sent to the Senate. Proposi- tions to a- mend. The Constitution—Ratifications—Amendments, &c. * Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses deeming it necessary—That the following articles be pro- posed to the legislatures of the several states, as amendments to the Constitution of the United States; all, or any of which arti- cles, when ratified by three-fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitu- tion.” And in this form the resolution was transmitted to the Senate on the 25th of August. The articles having been read pro for- ma, in the Senate, on the same day, an unsuccessful motion was made to postpone their consideration to the next session of Con- gress. It was then ordered that Monday, the 31st, be assigned for the consideration of the subject. The intervention of other business prevented the Senate from taking up this subject until Wednesday, the 2d of September, when the amendments were brought up for consideration. The first article being before the Senate, to wit:— 1789. S. Journal, p. 63, 64. “After the first enumeration required by the first article of Id, p. 69, the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hun- dred,” &c. A motion was made to strike out the word “one” before “hundred,” and insert the word “two.” The yeas and nays being required on this question, it was decided in the negative by the following vote:- Yeas—Messrs. Dalton, Gunn, Grayson, King, Lee, Schuyler. —6. JVays—Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Henry, Johnson, Izard, Morris, Paterson, Read, Wingate.—12. The article was then amended, by striking out all the lan- guage which succeeds in the original proposition, to wit:— “After which, the proportion shall be so regulated by Con- gress, that there shall not be less than one hundred representa- tives, nor less than one representative for every 40,000 persons, until the number of representatives shall amount to two hundred; after which, the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor less than one representative for every 50,000 persons;”— And by substituting the following clause after the words “one hundred,” to wit:— HISTORY OF CONGRESS. 161 Chap. II. The Constitution–Ratifications—Amendments, &c. 1789. Isºgongress. “To which number one representative shall be added, for every 1st Session. Motions to amend. *2d article. 3d article. 4th article. subsequent increase of forty thousand, until the representatives shall amount to two hundred; to which one representative shall be added for every subsequent increase of sixty thousand persons.” And, in this amended form, it was agreed to. On the following day, the consideration of the amendments was resumed. The second article, commencing, “No law, varying the compensation to the members of Congress,” &c., was amended, by striking out the words, “to the members of Congress,” and in- serting the words, “for the service of the Senate and House of Representatives of the United States.” The third article, as it passed the house, stands thus: “Con- gress shall make no law establishing religion, or prohibiting the free exercise thereof; nor shall the rights of conscience be infringed.” The first motion to amend this article was by striking out these words: “Religion, or prohibiting the free exercise thereof,” and in- serting these words: “One religious sect or society in preference to others.” This motion was negatived. A motion for reconsideration then prevailed, and it was moved to strike out the third article al- together; but this motion was decided in the negative. An un- successful attempt was then made to adopt, as a substitute for the third article, the following: “Congress shall not make any law infringing the rights of conscience, or establishing any religious sect or society.” The question was then taken on the adoption of the third article, as it came from the House of Representa- tives, when it was decided in the negative. Finally, the words, “Nor shall the rights of conscience be infringed,” were stricken out; and, in this form, the article was agreed to. - The fourth article was then taken up, namely: “The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed.” It was moved to insert, after the words “common good,” these words: “to instruct their representatives.” On this question, the yeas and nays being required, it was decided as follows:– Yeas—Messrs. Grayson and Lee.—2. - Mays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Gunn, Henry, Johnson, Izard, King, Morris, Paterson, Read, Win- gate.—14. - A motion was then made to insert after the word “press,” these words: “in as ample a manner as hath at any time been secured by the common law;” but this motion was unsuccessful; Wol. I.-21 S. Journal, p. 70. 2 162 HISTORY OF CONGRESS. Ch.A.P. II. The Constitution—Ratifications—Amendments, &c. 1789. #º as also was a subsequent motion to strike out the words, “and consult for their common good, and:” The further consideration Motions to of this article was then postponed until the next day, (the 4th,) * when it was adopted in the following form —“That Congress s. Journal, shall make no law abridging the freedom of speech, or of the P. 74. press, or the right of the people peaceably to assemble and con- sult for their common good, and to petition the government for a redress of grievances.” 5th article. The fifth article being under consideration, in its order, a mo- tion was made to subjoin to it the following proposition, namely: “That standing armies, in time of peace, being dangerous to li- berty, should be avoided, as far as the circumstances and protec- tion of the community will admit; and that, in all cases, the mi- litary should be under strict subordination to, and governed by, the civil power; that no standing army or regular troops shall be raised in time of peace, without the consent of two-thirds of the members present in both houses, and that no soldier shall be en- listed for any longer term than the continuance of the war.” The yeas and nays being taken on this question, it was decided as follows:– Yeas—Messrs. Butler, Gunn, Grayson, Henry, Lee, Wingate.—6. JVays—Messrs. Carroll, Dalton, Ellsworth, Elmer, Johnson, King, Paterson, Read, Schuyler.—9. The fifth article was then adopted; so amended as to read as follows:– “A well regulated militia being the best security of a free state, the right of the people to keep and bear arms shall, not be infringed.” The sixth and seventh articles were then agreed to, as they came from the House of Representatives. 8th article. The eighth article was then considered, and after a successful motion to strike out these words: “except in case of impeach- ment, to more than one trial, or one punishment;” and substitute these words: “be twice put in jeopardy of life or limb by any public prosecution;” it was agreed to. The ninth article was agreed to, as it came from the House of Representatives. 10th arti. The tenth article was also adopted, after striking out all the cle. clauses, except the following:—“No person shall be held to an- swer for a capital, or otherwise infamous crime, unless on a pre- sentment or indictment by a grand jury.” - 11th arti. The eleventh article being taken up for consideration, it was cle. moved to insert, in lieu of it, the following: “The Supreme Ju- dicial Federal Court shall have no jurisdiction of causes between HISTORY OF CONGRESS. Chap. II. 1st Congress. 1st Session. Motions to amend. 12th arti- cle. 15th arti- cle. Motions to add new amend- ments. The Constitution–Ratifications—Amendments, &c. citizens of different states, unless the matter in dispute, whether it concern the realty or personalty, be of the value of three thousand dollars at the least: nor shall the federal judicial powers extend to any action between citizens of differen; states, where the matter in dispute, whether it concern the realty or person- alty, is not of the value of fifteen hundred dollars at the least; and no part, triable by a jury according to the course of the com- mon law, shall be otherwise re-examinable than according to the rules of common law.” This motion was determined in the ne- gative, and the article was then adopted, in the following form: “No fact, triable by a jury according to the course of common law, shall be otherwise re-examinable in any court of the United States, than according to the rules of common law.” On Monday, the 7th, the subject being again before the Se- nate, the twelfth article was agreed to, after the addition of these words: “ where the consideration exceeds twenty dollars.” The thirteenth article was then agreed to as it came from the House of Representatives: and the fourteenth article was rejected. When the fifteenth article was under consideration, a motion was made to add the following to the proposed amendments; to wit: “That the general government of the United States ought never to impose direct taxes but where the moneys arising from the duties, impost, and excise, are insufficient for the public exi- gencies: nor then, until Congress shall have made a requisition upon the states to assess, levy, and pay their respective propor- tions of such requisitions; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed by such requisition.” This motion was rejected. An unsuccessful motion was then made to add the following to the proposed amendments: “That the third section of the sixth article of the Constitution of the United States ought to be amended, by inserting the word ‘other,” between the words * no,” and ‘religious.’” º It was then moved, with like success, to add the following amendment to the Constitution: “That Congress shall not exer- cise the powers vested in them by the fourth section of the first article of the Constitution of the United States, but in cases where a state shall neglect or refuse to make regulations therein mentioned, or shall make regulations subversive of the rights of the people, to a free and equal representation in Congress, agree- ably to the Constitution.” - S. Journal, p. 72, Id. p. 73. 164 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. 1st congress. A motion was then made, and negatived, to subjoin the follow- 1st Session, . 17th arti- cle. ing to the articles of amendment: “That Congress shall not erect any company of merchants with exclusive advantages of commerce.” A further motion was then made, without success, to add the following to the list of amendments: “That Congress shall at no time consent that any person holding an office of trust or profit under the United States, shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state.” - It was then moved, to subjoin the following to the amend- ments: “That no person indebted to the United States shall be entitled to a seat in either branch of the legislature;” and this motion also was negatived. The fifteenth article of amendment was then agreed to; and the sixteenth article was rejected. The seventeenth article was then considered; and a motion to amend, by inserting the word “expressly” before the word “de- legated” having been negatived, the article in the following Preamble, - Motions to add new amend- iments, amended form was agreed to—“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” A motion was then made to amend the preamble: but the fur- ther consideration of this motion was postponed until to-morrow, And, on the 8th of September, the consideration was resumed of this motion to amend, by preceding the preamble proposed by the House of Representatives as follows: “The conventions of a number of the states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruc- tion or abuse of its powers, that further declaratory and restric- tive clauses should be added; and, as extending the grounds of public confidence in the government will best ensure the benefi- cent ends of its institution.” The question being taken on this motion to amend, it passed in the affirmative. The preamble was then further amended in the line reading thus: “two-thirds of both houses deeming it necessary,” by striking out the words “deeming it necessary” and inserting the word “concurring.” It was then moved to add the following clause to the articles of amendment: “That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and pro- tecting property, and pursuing and obtaining happiness and safe- ty.” This motion was determined in the negative. - - HISTORY OF CONGRESS. 165 Chap. II. The Constitution—Ratifications—Amendments, &c. 1789. # º The following propositions to add new articles of amendment T were then successively made and decided in the negative. - Amend- 1. “That all power is naturally vested in, and, consequently, S. Journal, . . derived from, the people; that magistrates, therefore, are their P. 74–76. rejected, trustees and agents, and, at all times, amenable to them. 2. “That government ought to be instituted for the common benefit, protection, and security of the people; and that the doc- trine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind. -> 3. “That no man, or set of men, are entitled to exclusive or separate public emoluments or privileges from the community, but in consideration of public services, which, not being descend- ible, neither ought the offices of magistrate, legislator, or judge, or any other public officer, to be hereditary. 4. “That the legislative, executive, and judicial powers of government should be separate and distinct, and that the mem- bers of the two first may be restrained from oppression, by feel- ing and participating the public burdens: they should, at fixed periods, be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regu- lar elections, in which all or any part of the former members to be eligible or ineligible, as the rules of the constitution of go- vernment and the laws shall direct. 5. “That every freeman restrained of his liberty, is entitled to a remedy, to inquire into the lawfulness thereof, and to re- move the same, if unlawful, and that such remedy ought not to be denied nor delayed. --- - 6. “That every freeman ought to find a certain remedy, by recourse to the laws, for all injuries and wrongs he may receive in his person, property, or character; he ought to obtain right and justice, freely, without sale; completely, and without denial; promptly, and without delay; and that all establishments or re- gulations contravening these rights, are oppressive and unjust. 7. “That the members of the Senate and House of Repre- - sentatives shall be ineligible to, and incapable of, holding any ci- - vil office under the authority of the United States, during the time for which they shall respectively be elected. 8. “That the Journals of the proceedings of the Senate and House of Representatives shall be published, at least, once in every year, except such parts thereof relating to treaties, alli- ances, or military operations, as, in their judgment, require se- crecy. 166 - HISTORY OF CONGRESS. - - CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. 1st Congress. 9. “ That a regular statement and account of the receipts and 1st Session. - - expenditures of all public money, shall be published at least once Amend in every year. i. ... 10. “That no commercial treaty shall be ratified without the rejected, concurrence of two-thirds of the whole number of the members of the Senate; and no treaty, ceding, contracting, restraining, or suspending the territorial rights or claims of the United States, - or any of them, or their, or any of their rights or claims to fish- ing in the American seas, or navigating the American rivers, shall be but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified without the concurrence of three-fourths of the whole number of the members of both houses respectively. 11. “That no navigation law, or law regulating commerce, shall be passed without the consent of two-thirds of the members present in both houses. - 12. “That no standing army, or regular troops, shall be raised or kept up in time of peace, without the consent of two-thirds of the members present in both houses. 13. “That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war. 14. “That each state, respectively, shall have the power to provide for organizing, arming, and disciplining its own militia, whensoever Congress shall omit or neglect to provide for the same; that the militia shall not be subject to martial law, except when in actual service, in time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishments, as shall be directed or inflicted by the laws of its own state. 15. “That the exclusive power of legislation given to Con- gress over the federal town and its adjacent district, and other places purchased or to be purchased by Congress of any of the states, shall extend only to such regulations as respect the police and good government thereof. - 16. “That no person shall be capable of being President of the United States for more than eight years in any term of six- teen years. 17. “That the judicial power of the United States shall be vest- edin one Supreme Court, and in such Courts of Admiralty as Con- gress may, from time to time, ordain and establish in any of the different states: the judicial powers shall extend to all cases in law and equity, arising under treaties made, or which shall HISTORY OF CONGRESS. 167 CHAP. II. The Constitution–Ratifications—Amendments, &c. 1789. #gº made, under the authority of the United States; to all cases af. fecting ambassadors, other foreign ministers, and consuls; to all Amend- cases of admiralty and maritime jurisdiction; to controversies to . *... which the United States shall be a party; to controversies be- rejected, tween two or more states; and between parties claiming lands under the grants of different states. In all cases affecting am- bassadors, other foreign ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction: in all other cases before mentioned, the Supreme Court shall have appellate jurisdiction as to matters of law only, except in cases of equity, and of admiralty and maritime jurisdic- tion, in which the Supreme Court shall have appellate jurisdic- tion, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this * Constitution; except in disputes between states about their terri- tory; disputes between persons claiming lands under the grants - of different states, and suits for debts due to the United States.” 18. “That Congress shall not alter, modify, or interfere in, the times, places, or manner, of holding elections for senators and re- presentatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled, by invasion or re- bellion, to prescribe the same.” º 19. “That some tribunal, other than the Senate, be provided for trying impeachments of senators.” 20. “That the salary of a judge shall not be increased or di- minished during his continuance in office, otherwise than by ge- neral regulations of salary, which may take place on a revision of the subject, at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress.” All these propositions to amend having been disposed of, the further consideration of the amendments was postponed until the following day. On the 9th of September, the subject was resumed. The third S. Journal, article was then amended to read as follows: “Congress shall P. 77. make no law establishing articles of faith, or a mode of worship, or prohibiting the free exercise of religion, or abridging the free- dom of speech, or the press, or the right of the people peace- ably to assemble, and petition to the government for the redress of grievances.” The fourth article was then stricken out. 168 THISTORY OF CONGRESS. Ch.A.P. II. The Constitution—Ratifications—Amendments, &c. The fifth article was then again made the subject of an amend- ment. It was moved, to insert the words, “for the common defence,” but the motion was not successful. A motion to strike out the words, “the best,” in the second line, and to insert, in lieu thereof, the words, “necessary to the,” prevailed. The ar- ticle was then further amended, by striking out the word “fifth,” after “article the,” and inserting the word “fourth,” and by making the article read as follows: “A well regulated militia being [necessary toºl the security of a free state, the right of the people to keep and bear arms shall not be infringed.” A motion was then made, and agreed to, to alter article the sixth, so as to stand article the fifth; and article the seventh, so as to stand article the sixth; and article the eighth, so as to stand article the seventh. The last named article was then amended, so as to read as ſol- lows: “No person shall be held to answer for a capital or other- wise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or pub- lic danger; nor shall any person be subject to be put in jeopardy of life or limb, for the same offence; nor shall be compelled, in any criminal case, to be a witness against himself; nor be de- prived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.” The ninth article was then amended, so as to read “eighth.” The tenth and eleventh articles were then stricken out; and the twelfth article was so amended as to read “ninth.” This arti- cle was then so amended as to read as follows: “In suits at com- mon law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States than according to the rules of common law.” A motion was then made to reconsider article the tenth, and to restore the words following: “The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger,) shall be by an impartial jury of the vicinage, with the requisite of unanimity for conviction, the right of chal- lenge, and other accustomed requisites.” On this question, the yeas and nays being required, it was decided as follows:– 1st Congress. 1st Session. Amend- ments pro- posed and rejected. * The words between brackets are, by mistake, omitted in the Journal, HISTORY OF CONGRESS. 169 Chap. II. The Constitution—Ratifications—Amendments, &c. #º. Yeas—Messrs. Bassett, Dalton, Grayson, Gunn, Henry, Lee, senated. Paterson, Schuyler.—8. poses of Nays—Messrs. Carroll, Ellsworth, Johnson, Izard, King, * Morris, Read, Wingate.—8. - The numbers being equal, the question was lost. The numbers of the remaining articles were then changed, to correspond with the other changes which had been made; and the concurrence of the Senate in the resolution of the House, with amendments, was then ordered to be communicated to the House of Representatives. House acts On the 19th of September, the House of Representatives made ** some progress in the consideration of the amendments made by the Senate: and, on the 21st, the House adopted the following resolutions:— * Resolved—That this house doth agree to the second, fourth, eighth, twelfth, thirteenth, sixteenth, eighteenth, nineteenth, twenty-fifth, and twenty-sixth amendments: and doth disagree to the first, third, fifth, sixth, seventh, ninth, tenth, eleventh, four- teenth, fifteenth, seventeenth, twentieth, twenty-first, twenty-se- cond, twenty-third, and twenty-fourth amendments, proposed by the Senate to the said articles, two-thirds of the members present concurring on each vote: - House de- “ Resolved—That a conference be desired with the Senate on .." the subject matter of the amendments disagreed to, and that Mr. Madison, Mr. Sherman, and Mr. Vining, be appointed managers of the same on the part of this house.” -- On receiving these resolutions from the house, the Senate de- termined to recede from their third amendment, and to insist on all the others: at the same time the Senate passed the following resolution:- Senate a- « Resolved—That the Senate do concur with the House of Re- *...** presentatives in a conference on the subject matter of disagree- €nce, ment on the said articles of amendment, and that Messrs. Ells- worth, Carroll, and Paterson, be managers of the conference on the part of the Senate.” Report On the 23d, Mr. Madison made a report to the House of Re- * presentatives on the subject, which was taken up for considera- * of tion on the 24th; whereupon, - Repr - - - - - *...* “Resolved—That this house doth recede from their disagree- ment to the first, third, fifth, sixth, seventh, ninth, tenth, ele- venth, fourteenth, fifteenth, seventeenth, twentieth, twenty-first, WoL. I.-22 - - 1789. H. Journal, p. 115,116. w S. Journal, p. 84. H. Journal, p. 120– 122. 170 HISTORY OF CONGRESS. CHAP. II. - The Constitution—Ratifications—Amendments, &c. 1789. #gº twenty-second, twenty-third, and twenty-fourth amendments, ~ insisted on by the Senate: Provided, That the two articles which by the amendments of the Senate are now proposed to be inserted as the third and eighth articles, shall be amended to º read as followeth:- “Article the third. Congress shall make no law respecting an es- tablishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the govern- ment for a redress of grievances.” --- “Article the eighth. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impar- tial jury of the state and district wherein the crime shall have been committed; which district shall have been previously ascer- tained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence. “And provided, also, That the first article be amended by striking out the word “less,’ in the last place of the said first ar- ticle, and inserting, in lieu thereof, the word more.’” The question on agreeing to the alteration and amendment of the eighth article, to make it read as above, being taken by ayes and noes, was determined by the following vote:- Ayes–Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Cad- walader, Carroll, Clymer, Contee, Fitzsimons, Foster, Gale, Gil- man, Goodhue, Griffin, Hartley, Lee, Leonard, Madison, jr., Moore, Muhlenberg, Parker, Partridge, Schureman, Scott, Se- ney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Thatcher, Trumbull, Wining, White, Wynkoop.–37. - JVoes–Messrs. Bland, Burke, Coles, Floyd, Gerry, Grout, Ha- thorn, Jackson, Livermore, Mathews, Page, Van Rensselaer, Sumpter, Tucker.—14. The house then passed the following resolution:- “Resolved—That the President of the United States be re- quested to transmit to the executives of the several States, which have ratified the Constitution, copies of the amendments pro- posed by Congress to be added thereto; and like copies to the executives of the states of Rhode Island and North Carolina.” In the Senate, on the 24th, Mr, Ellsworth made the following report:- * HISTORY OF CONGRESS, 171 - 1789. Ch.AP. II. The Constitution—Ratifications—Amendments, &c. #$!!...” “That it will be proper for the House of Representatives to S. Journal, Tºporº, agree to the said amendments, proposed by the Senate, with an p. 86. the Senate, amendment to their fifth amendment, so that the third article shall read as follows:– Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and petition the government for a redress of grievances: and, with an amend- ment to the fourteenth amendment proposed by the Senate, so that the eighth article, as numbered in the amendments proposed by the Senate, shall read as follows:– In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the district wherein the crime shall have been committed, as the district shall have been previously ascer- tained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence.” “The managers were also of opinion that it would be proper for both houses to agree to amend the first article, by striking out the word “less,’ in the last line but one, and inserting in its place the word “more,’ and, accordingly, recommend that the said article be reconsidered for that purpose.” This report was ordered to lie for consideration. In the mean time, the resolutions of the House were communicated to the Se- nate; and on the 25th, the Senate adopted the following resolu- Id. p. 87, 88. tion:— - Senate “Resolved—That the Senate do concur in the amendments pro- .." posed by the House of Representatives to the amendments of the House. Senate.” And on the following day, the Senate acquiesced in the reso- Id, p. 90, lution of the House, requesting the President of the United States to transmit copies of the amendments to the executives of the respective states. º Form in The form in which the amendments finally passed the two 9* p. 96, . the houses, is as follows:– - ments pass- “PROPOSED AMENDMENTS TO THE CONSTITUTION: ed. “The conventions of a number of the states having, at the time of their adopt- ing the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the govern- ment will best ensure the beneficent ends of its institution— “Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses 172 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1789. 1st Congress. Hst Session. Amend- ments. concurring—That the following articles be proposed to the le- gislatures of the several states, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three-fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitution, viz:— *Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the legislatures of the several states, pursuant to the fifth article of the original Constitution:— “Article I. After the first enumeration, required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hun- dred; after which, the proportion shall be so regulated by Con- gress, that there shall be not less than one hundred representa- tives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which, the proportion shall be so regulated by Congress, that there shall not be less than two hundred represen- tatives, nor more than one representative for every fifty thousand perSonS. “Art. II. No law, varying the compensation for the services of the Senators and representatives, shall take effect until an elec- tion of representatives shall have intervened. “...Art. III. Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. “Art. IV. A well regulated militia being necessary to the se- curity of a free state, the right of the people to keep and bear arms shall not be infringed. “Art. W. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. “Art. VI. The right of the people to be secure in their per- sons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and par- ticularly describing the place to be searched, and the persons or things to be seized. - * Art. PII.-No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indict- ment of a grand jury, except in cases arising in the land or na- wal forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject, for the same HISTORY OF CONGRESS. - 173 Chap. II. The Çonstitution—Ratifications—Amendments, &c. 1789. #gº. offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due pro- cess of law; nor shall private property be taken for public use without just compensation. “...?rſ. PIII.-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been com- mitted, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusa- tion; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence. “..Art. IX. In suits at common law, where the value in con- troversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be other- wise re-examined in any court of the United States, than accord- ing to the rules of common law. - “...Art. X. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. “...ſºrt. XI. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. - “...Art. XII. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are re- served to the states respectively, or to the people.” “FREDERICK AUGUSTU's MUHLENBERG, “Speaker of the House of Representatives. - “JoHN ADAMs, “Pice-President of the United States, and President of the Senate. Amend- ments. “.4/test, “JoHN BECKLEY, Clerk of the House of Representatives. “SAMUEL A. OTIs, Secretary of the Senate.” SIE C {D NID S E S S II (9 N. §§º. On the 25th of January, 1790, the first ratification of the 1790. *— amendments was transmitted to the two houses by the President of the United States, accompanied by the following message:– 174 HISTORY OF CONGRESS, - CHAP. II. The Constitution—Ratifications—Amendments, &c. 1790. 1st Congress. “ United States, January 25, 1790. 2d Session. Ratifica- tion by Maryland. * Gentlemen of the Senate, and House of Representa- tives:– “I have received from his Excellency John E. Howard, Go- vernor of the state of Maryland, an act of the legislature of Ma- ryland, to ratify certain articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the legislatures of the several states; and have directed my secretary to lay a copy of the same before you, to- gether with a copy of a letter accompanying the above act, from his Excellency, the Governor of Maryland, to the President of the United States. “The originals will be deposited in the office of the secretary of state. 44 G. WASHINGTON.” The letter of the governor of Maryland encloses the follow- ing act of the legislature of that state:— “vºn Act to ratify certain articles in addition to, and amend- ment of the Constitution of the United States of ſºme- zica, proposed by Congress to the Legislatures of the several States. - “Whereas it is provided, by the fifth article of the Constitu- tion of the United States of America, that Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to the said Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments; which, in either case, shall be valid to all intents and purposes as part of the said Con- stitution, when ratified by the legislatures of three-fourths of the several states; or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress. And whereas, at a session of the United States, be- gun and held at the city of New York, on Wednesday, the fourth day of March, in the year of our Lord one thousand seven hun- dred and eighty-nine, it was resolved, by the Senate and House of Representatives of the said United States in Congress assem- bled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states as amendments to the Constitution of the United States, all, or any of which articles, when ratified by three-fourths of the said le- gislatures, to be valid to all intents and purposes as part of the S. Journal, p. 108. H. Journal, p. 155,156. HISTORY OF CONGRESS. 175 Chap. II. The Constitution—Ratifications—Amendments, &c. 1790. ºgº. said Constitution. [Here follow the several articles of amend- SSion. ment in the words agreed to by Congress.] “Be it enacted, by the General Assembly of Maryland—That the aforesaid articles, and each of them, be, and they are hereby, confirmed and ratified, º “By the House of Delegates, December 17, 1789. Read, and assented to. “By order: W. HARwood, Clerk. “By the Senate, December 19, 1789. Read, and assented to. “By order: H. RIDGELY, Clerk. “I. E. HowARD, (Seal appendant.”) On the 15th of February, the action of the legislature of New Hampshire was communicated by the following message from the President of the United States:– “ United States, February 15, 1790. “ Gentlemen of the Senate, and House of Representatives:– Ratifica- “I have directed my secretary to lay before you the copy of H. Journal, º a vote of the legislature of the state of New Hampshire, to ac- P. * shire. cept the articles proposed in addition to, and amendment of the S. Journal, Constitution of the United States of America, except the second P.1%lº. article: at the same time will be delivered to you the copy of a letter from his Excellency the Governor of the State of New Hampshire, to the President of the United States, “The originals of the above-mentioned vote and letter wiłł be lodged in the office of the secretary of state. “G, WASHINGTON.” “Durham, in Wew Hampshire, January 29, 1790. “Sir: I have the honour to enclose you, for the information of Congress, a vote of the assembly of this state, to accept all the articles of amendment to the Constitution of the United States, except the second, which was rejected. “I have the honour to be, “With the most profound respect, “Sir, - - “Your most obedient and very humble servant, - “JoHN SULLIVAN. “The President of the United States.” “STATE OF NEW HAMPSHIRE. “In the House of Representatives, January 25, 1790. “Upon reading and maturely considering the proposed amend- ments to the federal Constitution, 176 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1790. lºgº. “Voted—To accept the whole of said amendments, except the second article; which was rejected. “Sent up for concurrence. “THOMAS BARTLETT, Speaker. “In SENATE, the same day, read and concurred. - - - “I. PEARson, Secretary.” Ratifica. On the 20th of February, the members from South Carolina H. Journal, º, %. presented to the House of Representatives an act “for ratifying, P.” rolina. on the part of that state, the several articles of amendment to the Constitution of the United States, proposed by Congress; and, on the 1st of April, the following message was sent to the two houses by the President of the United States:– “ United States, April 1, 1790. “Gentlemen of the Senate, and House of Representatives:– “I have directed my private secretary to lay before you a S. Journal, copy of the adoption, by the legislature of South Carolina, of p. 126,127. the articles proposed by Congress to the legislatures of the se- veral states, as amendments to the Constitution of the United States, together with the copy of a letter from the Governor of the state of South Carolina to the President of the United States, * which have lately come to my hands. “The originals of the foregoing will be lodged in the office of the secretary of state. - 44 G. WASHINGTon.” - “Charleston, January 28th, 1790. “Sir: I have the honour to transmit you the entire adoption, by the legislature of this state, of the amendments proposed to the Constitution of the United States. “I am, - “With the most perfect esteem and respect, “Your most obedient servant, “CHARLEs PINCKNEy. “To the President of the United States.” - “In the House of Representatives. “January 18, 1790. “The house took into consideration the report of the commit- tee, to whom was referred the resolution of the Congress of the United States, of the fourth day of March, one thousand seven hundred and eighty-nine, proposing amendments to the Constitu- tion of the United States, viz: [Here follow the several articles - HISTORY OF CONGRESS, 177 Chap. II. - The Constitution–Ratifications—Amendments, &c. 1790. lºss of amendment, in the words agreed to by Congress.] which being 2d Session. Ratifica- tion of De- laware. read through, was agreed to; whereupon, * Resolved—That this house do adopt the several articles; and that they become a part of the Constitution of the United States. “Resolved—That the resolutions be sent to the Senate for their concurrence. - “By order of the House. “Jacob READ, “Speaker of the House of Representatives.” “In the Senate, January 19, 1790. “Resolved—That this house do concur with the House of Re- presentatives in the foregoing resolutions. “By order of the Senate. “D. DE SAUSURE, “President of the Senate.” On the 8th of March, the President of the United States com- S. Journal, municated to the two houses the ratification of the state of De-P. *. laware, as follows:— p. 170. “ United States, March 8, 1790, “Gentlemen of the Senate, and House of Representatives:– “I have received from his Excellency Joshua Clayton, Gover- nor of the state of Delaware, the articles proposed by Congress to the legislatures of the several states, as amendments of the Constitution of the United States; which articles were transmit- ted to him for the consideration of the legislature of Delaware, and are now returned with the following resolutions annexed to . them; namely,– “THE GENERAL ASSEMBLY OF DELAWARE, “Having taken into their consideration the above amend- ments, proposed by Congress to the respective legislatures of the Several states, “Resolved—That the first article be postponed. “Resolved—That the general assembly do agree to the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles; and we do hereby assent to, ratify, and confirm the same, as part of the Constitution of the United States. “In testimony whereof, we have caused the great seal of the state to be hereunto affixed, this twenty-eighth day Wol. I.-23 178 - HISTORY OF CONGRESS. CHAP. II. 1st Congress. 2d Session. Ratifica- tion of Pennsylva- nia. The Constitution—Ratifications—Amendments, &c. 1790. of January, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the Delaware state. “Signed by order of the Council, “GEORGE MITCHELL, Speaker. “Signed by order of the House of Assembly, “JEHU DAvis, Speaker.” “I have directed a copy of the letter which accompanied the said articles, from his Excellency Joshua Clayton, to the Presi- dent of the United States, to be laid before you. “The above-mentioned articles, and the original of the letter, will be lodged in the office of the secretary of state. “G. WASHINGTON.” * Delaware, February 19, 1790. “Sir : Agreeably to the directions of the General Assembly of this state, I do myself the honour to enclose your Excellency the ratification of the articles proposed by Congress to be added to the Constitution of the United States, and am, with every senti- ment of esteem, “Sir, “Your Excellency’s most obedient, humble servant, “Joshua CLAYTon.” “His Excellency, GEORGE WASHINGTON, “President of the United States.” On the 16th of March, the following message from the Presi. H. Journal, dent of the United States was communicated to the two houses:– P.17%". - . Journal “ United States, March 16, 1790. º “Gentlemen of the Senate, and House of Representatives:– “I have directed my secretary to lay before you the copy of an act, and the form of ratifications of certain articles of amend- ment to the Constitution of the United States, by the legislature of the state of Pennsylvania; together with the copy of a letter which accompanied the said act, from the speaker of the House of Assembly, of Pennsylvania, to the President of the United States. The originals of the above will be lodged in the office of the secretary of state. “G. WASHINgron.” [The letter of the speaker, referred to in the above message, is merely to certify that the following is “an exact and true ex- emplification of the act whereof it purports to be a copy.” HISTORY OF CONGRESS. 179 Ch.AP. II. The Constitution—Ratifications—Amendments, &c. 1790. gº. “An Act declaring the assent of this state to certain Amendments to ssion. the Constitution of the United States. “Section 1. Whereas, in pursuance of the fifth article of the Con- stitution of the United States, certain articles of amendment to the said Constitution have been proposed by the Congress of the United States, for the consideration of the legislatures of the se- veral states; and whereas this house, being the legislature of the state of Pennsylvania, having maturely deliberated thereupon, have resolved to adopt and ratify the articles hereafter enume- rated, as part of the Constitution of the United States: “Section 2. Be it enacted, therefore, and it is hereby enacted by the representatives of the freemen of the commonwealth of Pennsylva- nia, in General Assembly met, and by the authority of the same, That the following amendments to the Constitution of the United States, proposed by the Congress thereof, namely:— [Here follow the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles, which were proposed by Congress to the legislatures of the several states, as amend- ments to the Constitution of the United States.] “Be, and they are hereby ratified, in behalf of this state, to become, when ratified by the legislatures of three-fourths of the several states, part of the Constitution of the United States. “Signed by order of the House: “RICHARD PETERs, Speaker.” “Enacted into a law, at Philadelphia, on Wednesday, the tenth day of March, in the year of our Lord one thousand seven hundred and ninety. º “PETER ZACHARY LLoyd, “Clerk of the General Assembly.” The usual certificates were appended. On the 5th of April, the President of the United States trans. s. ſom, mitted to Congress the ratification of the legislature of New York, P.” - - H. Journal, as follows:— p,188, 189. “The people of the state of New York, by the grace of God free and independent, “To all to whom these presents shall come, or may concern, Greeting: Ratifica. “Know ye, that we, having inspected the records remaining *New in our Secretary's office, do find there a certain act of our legis- - lature, in the words and figures following: “An act ratifying certain articles in addition to, and amendment of, the Constitution of the United States of America, proposed by the Congress:– - 180 HISTORY OF CONGRESS. - CHAP. II. The Constitution—Ratifications—Amendments, &c. 1790. 1st gongress. Whereas, by the fifth article of the Constitution of the United. 2d Session. - States of America, it is provided that the Congress, whenever two- thirds of both houses shall deem it necessary, shall propose amend- ments to the said Constitution; which shall be valid, to all in- tents and purposes, as part of the said Constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof; as the one or the other mode - - of ratification may be proposed by the Congress: And whereas, in the session of the Congress of the United States of America, be- gun and held at the city of New York, on Wednesday, the fourth of March, one thousand seven hundred and eighty-nine, it was re- solved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the Constitu- tion of the United States, all or any of which articles, when ra- tified by three-fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitution, namely: Articles in addition to, and amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the legislatures of the several states, pursuant to the fifth article of the original Constitution:- - [Here follow the several articles.] “And whereas the legislature of this state have considered the said articles, and do agree to the same, except the secondar. ticle:– - “Therefore be it enacted by the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that the said articles, ex- cept the second, shall be, and hereby are ratified by the legisla- ture of this state, - - “State of Wew York, - “In Assembly, February 22, 1790. - “This bill having been read the third time:–Resolved—That the bill do pass, - - “By order of the assembly, “GULIAN WERPLANCK, Speaker.” - “State of Wew York, - “In Senate, February 24, 1790. “This bill having been read a third time:–Resolved—That the bill do pass, - “By order of the Senate, “ISAAC RoosevKLT, - v “President, pro hac vice.” - HISTORY OF CONGRESS. CHAP. II. 1st Congress. 2d Session. Ratifica- tion of North Ca- rolina. The Constitution—Ratifications—Amendments, &c. “Council of Revision, “February 27, 1790. “Resolved—That it does not appear improper to the council, that this bill, entitled ‘An act ratifying certain articles in addi- tion to, and amendment of, the Constitution of the United States of America, proposed by the Congress,’ should become a law of this state. - “GEORGE CLINTon.” On the 11th of June, the ratification of the state of North Ca- S. Journal, rolina was communicated to Congress in the following manner, by the President of the United States. “Gentlemen of the Senate, and House of Representatives:— “I have directed my secretary to lay before you a copy of the ratification of the amendments to the Constitution of the United States by the state of North Carolina, together with an extract from a letter accompanying said ratification, from the governor of the state of North Carolina to the President of the United States. - “G. WASHINGTON. “ United States, June 11, 1790.” “Extract of a Letter from his Excellency Alexander Martin, Governor of the State of North Carolina, to the President of the United States. “Rockingham, May the 25th, 1790. “Sir: I do myself the honour to transmit you, herewith en- closed, an act of the General Assembly of this state, passed at their last session, entitled ‘An act to ratify the amendments to the Constitution of the United States.” - “An Act to ratify the Amendments to the Constitution of the United States. “Whereas the Senate and House of Representatives of the United States of America, in Congress assembled, on the fourth day of March, did resolve, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three- fourths of the said legislatures, to be valid, to all intents and pur poses, as part of the said Constitution :- [Here follow the several articles of amendments verbatim, as proposed by Congress to the legislatures of the several states.] “Be it therefore enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of 182 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1790. jº the same, that the said amendments, agreeably to the fifth arti- cle of the original Constitution, be held and ratified on the part of this state, as articles in addition to, and amendment of, the Constitution of the United States of America. “Read three times, and ratified in General Assembly, this 22d day of December, A. D. 1789. “CHARLEs JoHNSoN, S. S. “S. CABARRUS, S. H. C.” It is not deemed essential in this instance, or any case, to give the formal certificates which accompany the letters and acts to attest their authenticity. The President of the United States, on the 30th of June, by s. Journal, the following message, informed the two houses of the ratifica- #: l tion of the amendments by the state of Rhode Island:— p. º “Gentlemen of the Senate, and House of Representatives:– Ratifica. “An act of the legislature of the state of Rhode Island and #. Providence Plantations, for ratifying certain articles as amend- Island. ments to the Constitution of the United States, was yesterday put into my hands; and I have directed my secretary to lay a copy of the same before you. << G. WASHINGTON. “ United States, June 30, 1790.” « STATE OF REHODE ISLAND AND PROVIDENCE PLANTATIONS. “In General Assembly, June session, A. D. 1790. “An act for ratifying certain articles as amendments to the Constitution of the United States of America, and which were proposed by the Congress of the said states at their session in March, A. D. 1789, to the legislatures of the several states, pursuant to the fifth article of the aforesaid Constitution. “Be it enacted by this General Assembly, and by the autho- rity thereof, it is hereby enacted, that the following articles, pro- posed by the Congress of the United States of America, at their session in March, A. D. 1789, to the legislatures of the several states, for ratification, as amendments to the Constitution of the said United States, pursuant to the fifth article of the said Con- stitution, be, and the same are hereby, fully assented to and ra- tified on the part of this state: to wit: [Here follow all the articles, except the second.] “It is ordered, That his Excellency the governor be, and he is hereby, requested to transmit to the President of the said HISTORY OF CONGRESS, 183 Chap. II. The Constitution—Ratifications—Amendments, &c. 1790 1st gongress. United States, under the seal of this state, a copy of this act, to 2d Session. - - - be communicated to the Senate and House of Representatives of the Congress of the said United States. “A true copy, duly examined. “ Witness, HENRY WARD, Secretary.” - On the 6th of August, the President of the United States, S. Journal, by the following message, communicated to Congress the ratifi- p.201,202. cation of the state of New Jersey. ;rnal, Ratifica- tion of New Jersey. “ Gentlemen of the Senate, and House of Representa- tives:— “I have directed my secretary to lay before you a copy of an exemplified copy of a law to ratify, on the part of the state of New Jersey, certain amendments to the Constitution of the United States, together with a copy of a letter which accompa- nied said ratification, from the Hon. Elisha Lawrence, Esq., Vice- President of the state of New Jersey, to the President of the United States. “G. WASHINGTON. “ United States, August 6, 1790.” “Burlington, ſlugust 4, 1790. “Sir: I have the honour to transmit an exemplified copy of a law of the state of New Jersey, ratifying certain amendments to the Constitution of the United States. “I have the honour to be, “Your most obedient, humble servant, ** ELISHA LAwkENCE. “The President of the United States.” << STATE OF NEW JERSEY. “...An Act to ratify, on the part of this State, certain Amend- 7ments to the Constitution of the United States. “Whereas the Congress of the United States, begun and held at the city of New York, on Wednesday, the fourth day of March, one thousand seven hundred and eighty-nine, resolved, two-thirds of both houses concurring, that sundry articles be proposed to the legislatures of the several states, as amendments to the Constitution of the United States, all, or any of which ar- ticles, when ratified by three-fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitu- tion; and whereas, the President of the United States did, in pursuance of a resolve of the Senate and House of Representa- tives of the United States of America in Congress assembled, 184 HISTORY OF CONGRESS. CHAP. II. The Constitution—Ratifications—Amendments, &c. 1790. isºgongress, transmit to the governor of this state the amendments proposed 2d Session. 2d Congress. 1st Session. Ratifica- tion of first article by Pennsylva- Illas by Congress, which were by him laid before the legislature, for their consideration: wherefore, . - “1. Be it enacted by the Council and General Assembly of . this state, and, by the authority of the same, it is hereby en- acted, that the following articles proposed by Congress in addi- tion to, and amendment of, the Constitution of the United States; to wit: [Here follow, verbatim, the first, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth arti- cles of the said amendments proposed by Congress to the legis- latures of the several states, be, and the same are, hereby rati- fied and adopted by the state of New Jersey. “ Council Chamber, Wovember 20, 1789. “This bill having been three times read in council, resolved that the same do pass. - “By order of the house: “WILLIAM LIVINGSTON, President.” “ House of Assembly, November, 18, 1789, “This bill having been three times read in this house, resolved that the same do pass. “By order of the house: “JoHN BEATTY, Speaker.” It appears, therefore, that the ratifications of the amendments, by the following nine states; namely, Maryland, New Hampshire, South Carolina, Delaware, Pennsylvania, New York, North Ca- rolina, Rhode Island, and New Jersey, were received by the first Congress; that the first article was rejected by two of the states; namely, Delaware and Pennsylvania;' and that the second article was rejected by five of the states; namely, New Hampshire, Pennsylvania, New York, Rhode Island, and New Jersey. No ratifications had been received from the states of Massachusetts, Connecticut, Virginia, or Georgia. ON the 26th of October, 1791, the President of the United 1791. States communicated to Congress—“An act of the legislature of - Pennsylvania, ratifying on behalf of said state, the first article of s. Journal, amendment to the Constitution of the United States, as proposed | ºal by Congress.” - - i. g * The ratification of the first article by Pennsylvania was received by the se- cond Congress. HISTORY OF CONGRESS. 185 - -- Chap. II. . The Constitution—Ratifications—Amendments, &c. 1791. #º. On the 14th of November, a message from the President of S. º Rºſe. the United States, was received by the two houses, announcing º ºnal tion of first the ratification of the first article of the amendments by the Ge- p. ...” V. by neral Assembly of Virginia. The resolution of the state of Vir- ginia is as follows: “In the House of Delegates, “Tuesday, 25th October, 1791. “Resolved—That the first article of the amendments proposed by Congress to the Constitution of the United States, be ratified by this Commonwealth. (Test,) “CHARLEs HAy, C. H. D. * H. BRookE, C. S. “November 3d, 1791,–agreed to by the Senate.” º - On the 30th of December, the following message from the S. Journal, President of the United States, communicated the entire ratifi- P. 301. cation of the state of Virginia. º ºnal “ Gentlemen of the Senate, and of the House of Represent- ałives:— Ratifica- “I lay before you a copy of the ratification, by the common- tion of all - - - - the articles wealth of Virginia, of the articles of amendment proposed by by Virgi. Congress to the Constitution of the United States; and a copy of nia, a letter which accompanied said ratification from the governor of Virginia. “ G. WASHINGTON. “ United States, December 30, 1791.” The following are the papers referred to in the message:– “Council Chamber, Richmond, December 22, 1791. “Sir: The General Assembly, during their late session, have adopted, on the part of this commonwealth, all the amend- ments proposed by Congress to the Constitution of the United States; their ratification whereof I do myself the honour here- with to transmit. - - “I have the honour to be, &c. “ HENRY LEE. “The President of the United States.” “VIRGINIA— “General Assembly, begun and held at the Capitol, in the city of Richmond, on Monday, the 17th day of October, in the year of our Lord 1791. - “Monday, December 5th, 1791. “Resolved—That the second, third, fourth, fifth, sixth, se- venth, eighth, ninth, tenth, eleventh, and twelfth articles of the Vol. I.-24 HS6 HISTORY OF CONGRESS. CHAP. II, sº The Constitution—Ratifications—Amendments, &c. 1791. #º amendments proposed by Congress to the Constitution of the United States, be ratified by this commonwealth. (Earamined,) “JoHN PRIDE, S. S. “THoMAs MATTHEws, S. H. D. “ December 15th, 1791,–agreed to by the Senate.” On the 18th of January, 1792, the President of the United 1792. States, in the following message, communicated the ratification of s. Journal, the state of Vermont, which state had been admitted into the #: - - - - .J l, Union during the third session of the first Congress:– p. º * Gentlemen of the Senate, and of the House of Representatives:– Ratifica. “I lay before you a copy of an exemplified copy of an act of . * the legislature of Vermont, ratifying, on behalf of that state, the articles of amendment proposed by Congress to the Constitution - of the United States, together with a copy of a letter which ac- companied said ratification. “G. WASHINGTON. “ United States, January 18th, 1792.” “An effet ratifying certain Articles proposed by Congress as Amend- ments to the Constitution of the United States. “Whereas the Congress of the United States, begun and held at the city of New York, on Wednesday the fourth of March, one thousand seven hundred and eighty-nine, resolved, that cer- tain articles, to the number of twelve, be proposed to the legis- latures of the several states, as amendments to the Constitution of the United States, which articles, when ratified by three- fourths of the said legislatures, should be valid, to all intents and purposes, as part of the said Constitution: Therefore, - “It is hereby enacted by the General Assembly of the state of Vermont, that all and every of said articles, so proposed as aforesaid, be, and the same are, hereby ratified and confirmed by the legislature of this state.” A certifying letter from Ros. Hopkins, Secretary, accompanies this act. At the close of the second Congress, the ratifications of eleven states had been received, Massachusetts, Connecticut, and Geor- gia, having not yet sent in their acquiescence. The ratifications of the articles of amendment to the Consti- tution of the United States, proposed by the resolution of Con- gress, at their first session under the said Constitution, may be seen at one view by the following tabular arrangement:- HISTORY OF CONGRESS. 187 Chap. II. The Constitution—Ratifications—Amendments, &c. 1792. 2d Congress. - - 1st Session. The states in alphabetical order: |*.* ** ** 1 . Delaware - - the 1st. 2 . Maryland - - - 1 to 12 3 : New Hampshire - the 2d. 4 . New Jersey - - the 2d. 5 . New York - - the 2d. 6 . North Carolina - 1 to 12 | 7 . Pennsylvania - - - the 1st. 8 . Rhode Island - - 1 to 12 9 -. South Carolina - 1 to 12 10 . Vermont - - - 1 to 12 11 . Virginia - - - 1 to 12 — - THIRD sess IoM. º On the 3d of March, 1791, a motion was made to the House 1791. T of Representatives, that the following clauses of amendment to H. Journal, the Constitution of the United States be proposed by Congress to ºs 404– the legislatures of the several states; to wit:- Proposed “That the Congress shall, either by declaring the Superior or ºcon. Supreme Common Law Court of the state to be the court, or by .* creating a new court for the purpose, establish a GENERAL udiciary. JUDICIAL COURT in each state, the judges whereof shall hold their commissions during good behaviour, and without any other limitation whatsoever, and shall be appointed and commissioned by the state, and shall receive their compensations from the United States only; and the compensations shall not be demand- ed during their continuance in office. “The number of judges of the General Judicial Court in a state, unless the same should be altered by the consent of the Congress and the legislature of the state, shall be in the proportion of one judge for every persons in the state, according to the enumeration for apportioning the representatives among the several states; but there shall always be at least three judges in each state. “The General Judicial Court shall, in all cases to which the judicial power of the United States doth extend, have original jurisdiction, either exclusively or concurrently with other courts in the respective states, and otherwise regulated as the Congress shall prescribe; and in cases where the judicial power is reserved 188 HISTORY OF CONGRESS. CHAP. II. Ist Congress. 3d Session. Proposed amend- ments con- cerning the Judiciary. The Constitution—Ratifications—Amendments, &c. to the several states, as the legislature of each state shall pre- scribe; but shall have, and exclusively, immediate appellate ju- risdiction in all cases, from every other court within the state, under such limitations, exceptions, and regulations, however, as shall be made with the consent of the Congress and the legisla- ture of the state: there may, notwithstanding, be in each state a court of appeals or errors in the last resort, under the autho- rity of the state, from the general Judicial Court, in cases and questions only, where the Supreme Court of the United States hath not appellate jurisdiction from the General Judicial Court. “The Congress may provide that the judges of the General Judicial Court shall hold circuit courts within the state; and the legislature of the state may, in addition to the times and places to be assigned by the Congress for holding the General Judicial Court or the Circuit Courts, assign other times and places. The Congress may determine the number of judges which shall be a quorum, to hold a General Judicial Court, or a Circuit Court, in each respective state. “The Congress may, in the cases to which the judicial power of the United States doth extend, and the legislature of the state may, in the other cases, regulate the fees and proceedings in the several courts, and the jurisdiction of the Circuit Courts within the state. , “The ministerial officers of the General Judicial Court shall be appointed and commissioned in such manner as the legislature of the state shall prescribe. “All writs issuing out of the General Judicial Court shall be in the name of the judges thereof. “The judges of the General Judicial Court may be impeached by the House of Representatives of the United States, and also by the most numerous branch of the state legislature. “The impeachment shall not be tried by the Senate of the United States, or by any judicature under the authority of the state; but the Congress shall, by law, establish a court to be held in each state, for the trial of such impeachment, to consist only of senators of the United States, judges of the Supreme Court of the United States, and judges of General Judicial Courts. The trial shall be in the state where the person im- peached shall reside; and every law, designating the judges of a court for the trial of impeachment, shall be passed previously to the impeachment; and the designation shall be, not by naming the persons, but by describing the offices, the persons in which offices for the time being, and elected or appointed previously to 1791. - HISTORY OF CONGRESS. 189 Chap. II. The Constitution—Ratifications—Amendments, &c. 1791. isºgongress, the impeachment shall be the judges; and no person shall be 3d Session. convicted without the concurrence of two-thirds of the judges Proposed a.” present. ments con- “Judgments by the courts so to be established for the trial of jº impeachments, shall not extend further than is provided by the Constitution of the United States, in cases of impeachments, and the party, nevertheless, to be liable, and subject to indictment, trial, judgment, and punishment, according to law. “In every state where the Congress shall declare the Superior or Supreme Common Law Court to be the General Judicial Court, the judges shall, by force of their appointments as judges of the Superior or Supreme Common Law Court, become judges of the General Judicial Court; and all the powers and duties of the judges of the Superior or Supreme Common Law Court, ei- ther by the Constitution or the laws of the state, shall devolve on the judges of the General Judicial Court. “If, on the establishment of the General Judicial Courts, the Congress shall deem proper to discontinue any of the District Courts of the United States, the judges of the courts so disconti- nued shall, thereupon, by force of their appointments as district judges, become judges of the General Judicial Courts in the re- spective states, and shall continue to receive their compensations as theretofore established. “The judges of the Supreme or Superior Common Law Courts, and the district judges, may, on the first establishment of the General Judicial Courts, become judges thereof, notwithstand- ing the limitation of the number of judges of the General Judi- cial Courts in the respective states; but as vacancies happen, they shall not afterwards be filled up beyond the number li- mited. “For avoiding of doubts, it is declared that all officers, as well ministerial as judicial, in the administration of justice, under the authority of a state, shall also be held to execute their respec- tive offices, for carrying into effect the laws of the United States; and, in addition to the duties assigned to them by the laws of the state, the Congress may assign to them such further duties as they shall deem proper for that purpose.” The house, after these amendments had been read, deter- mined to postpone their consideration until the next session of Congress, and ordered one hundred copies thereof to be printed for the use of the members of both houses. . Nothing further on the subject of amendments to the Consti- tution appears on the Journal of this session of Congress, - - 190 - HISTORY OF CONGRESS. Chap. II. The Constitution—Ratifications—Amendments, &c. 1791. 2d Congress. On the 3d of November, 1791, a few days after the assembling H. Journal - 1st Session. - - --- 448. - of the Second Congress at Philadelphia, the proposition of amend-P. ments to the Constitution, on the subject of the judiciary, was Proposi- taken up, committed to a committee of the whole house, and * * made the order for to-morrow. On the 9th of November, the mitted. - - - - - - committee of the whole house was discharged from considering Selectcom the subject, and the propositions of amendment were referred to * a committee, consisting of the following members: Messrs. Sedg- wick, Hillhouse, Benton, Boudinot, Madison, Smith, of South Ca- Report rolina, and Steele. This committee made a report by their Id. p. 451 Laid on chairman, Mr. Sedgwick, on the 14th of December, and the re- —472. table. port was ordered to lie on the table. No further proceeding on this proposition is to be found on the Journals of the Second Congress. 24gongress. On the 20th of February, 1793, a motion was made that the 1793. 2d Session. - - - Senate adopt the following resolution:— “Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of . Proposi- both houses concurring—That the following article be proposed s. Journal, º * * to the legislatures of the several states, as an amendment to the P. 49% Constitution of the United States; which, when ratified by three- fourths of the said legislatures, shall be valid, as part of the said Constitution, namely:- “The judicial power of the United States shall not extend to any suits in law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state.” This motion was taken up for consideration on the 25th, when Id. p. 494. an unsuccessful motion was made to postpone its consideration to the next session of Congress. After some debate, the subject was postponed, and was not resumed during the session. Proposi. On the 2d of March, 1793, it was moved in the Senate to pro- id. p. 302. . .." * pose to the legislatures of the several states, the following amend- ments to the Constitution of the United States:– “Article 1st, Section 8. After the words ‘general welfare of the United States, add, ‘in the cases hereinafter particularly enu- merated.’ And at the end of the section, add, “but no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied.” * , HISTORY OF CONGRESS. 191 Chap. II. The Constitution—Ratifications—Amendments, &c. 1793. gº “Section 9. Every tax shall be deemed direct, other than taxes – on imports, excises, transfers of property, and law proceedings.” . At the end of the section, add, “No member of Congress shall be ment. eligible to any office of profit under the authority of the United States; nor shall any person intrusted with the management of money of the United States, or concerned in the direction or management of any bank or other moneyed corporation within the United States, be capable of a seat in either house of Con- gress.” “Article 3d, Section 1. After the words ‘obtain and establish,” add, ‘or in such of the state courts as the Congress shall deem fit.” 22 These propositions were laid on the table, and no further at- tempt was made during this Congress to change the structure of the Constitution. #º. THE Constitution, in the second section of the first article, 1789. * having prescribed that an enumeration should be made of the in- H. Journal, Census, habitants of the United States, and that the representatives should P. * be apportioned in the manner specified therein: it appears that, on the 18th of May, 1789, the House of Representatives appointed º a committee, consisting of Messrs. Goodhue, Heister, and Seney, ºp * “to prepare and bring in a bill providing for the actual enume- ration of the inhabitants of the United States, in conformity to the Constitution, and for the purposes therein mentioned.” No re- port seems to have emanated from this committee. 2d Session. On the 11th of January, 1790, a few days after the commence- 1790. ment of the second session of the first Congress, the subject was again brought before the House of Representatives, and the fol- Census lowing committee was appointed:—Messrs. Foster, Goodhue, H. Journal, * Sherman, Lawrance, Schureman, Clymer, Seney, White, Smith, P. 138. of South Carolina, and Baldwin. On the 18th of January, Mr. Fos- ter, from this committee, reported a bill providing for the actual º enumeration of the inhabitants of the United States, which then Bill read received its first reading; and, on the following day, was read a Id.p.142— º second time, and committed to a committee of the whole house, 144. on Friday next. On the day specified, the consideration of the bill was postponed until Monday. On Monday and Tuesday, the bill underwent the deliberation and discussion of the committee, 192 * HISTORY OF CONGRESS. CHAP. II. The Constitution—Laws to carry into Effect, &c. 1790. *ś. and, on the last named day, was reported to the house with Amended. amendments. The bill and amendments were then recommitted §§ Reported. to Messrs. Foster, Goodhue, Sherman, Lawrance, Schureman, P. “” “ Recommit. Clymer, Seney, White, Smith, of South Carolina, Baldwin, and ted. Madison. On the 2d of February, the bill was again reported to Reported, the house with several amendments, which were twice read, and Id, p. 151. Ordered to agreed to by the house. The bill, with the amendments, was lºgº then ordered to be engrossed; and, on the 4th of February, the Recommit- bill received its third reading, and was recommitted to the Id, p. 152. ted, committee of the whole house. The bill was taken up on the following day, and postponed until Monday, the 8th; and, on that day, the committee of the whole house was discharged from its Id. p. 154. further consideration, the blanks were filled, and the bill was Passed, passed. On the 9th, the bill was read a first time in the Senate. S. Journal, On the 12th, the bill was read a second time and referred to a P. 113. committee, consisting of Messrs. Paterson, Strong, Ellsworth, Hawkins, and Johnson. Mr. Paterson, on the 16th, reported the Passed Se-bill with amendments, which were accepted by the Senate. The Id, p. 114, .." sixth section of the bill was then recommitted; and, on the 18th, ments, the bill was passed with twenty-nine amendments. The House º House dis- of Representatives, on the 22d, considered the various amend- H. Journal, *** ments made by the Senate, and disagreed to the twenty-second, P. 161. mend- twenty-third, twenty-fourth, twenty-fifth, and twenty-sixth of the ments. amendments, agreeing to all the rest. The Senate, on the same Senate re-day, receded from all the amendments to which the House had S. Journal, cedes. disagreed. On the 1st of March, the House received a commu- p. 115. nication from the President of the United States, that he had ap- H. Journal, proved and affixed his signature to the bill. p. 165. Extension The subsequent accession of the state of Rhode Island to the Id, p. 232. #." * Union, rendering it necessary that provision should be made to Island, give effect to the laws of the United States within that state, a committee to prepare the necessary bills was appointed, consist- ing of Messrs. Sedgwick, Benson, and Tucker. On the 7th of - June, Mr. Sedgwick, from this committee, presented a bill for --- giving effect to an act providing for the enumeration of the in- habitants of the United States, in respect to the state of Rhode Bill read Island and Providence Plantations, which was then read a first Id, p.235. ºº::... time, received its second reading on the following day, and was committed. - ------ - ------ committed to Messrs. Williamson, Scott, and Baldwin, with in- structions to insert a clause or clauses to provide for administering the necessary oaths for more effectually procuring a full census of the inhabitants of the United States. Mr. Williamson, on the Reported, 22d, reported the bill with Sundry amendments, which were or- Id, p. 248. HISTORY OF CONGRESS. 193 Chap. II. The Constitution—Laws to carry into Effect, &c. 1790. ºff." dered to lie on the table. The House, on the 28th of June, con- H. Journal, Session. º Passed. 2d Congress. 1st Session. Returns of the enume- ration of in- habitants. sidered and disagreed to the amendments of the committee, and p.251,252. the bill was then ordered to be engrossed. On the following day, the blank being filled up, the bill was passed and sent to the Se- nate. The bill received its three readings in the Senate, on the S. Journal, 29th and 30th of June, and on the 1st of July, when it finally p.169,172. passed. THE returns of the enumeration of the inhabitants under this law, were communicated by the President of the United States to the two houses of Congress, on the 27th of October, 1791, during the first week of the first session of the second Congress. The official statement is subjoined. 1791. - # E & § 3. g’s ; S. Journal, ####| ##| | #4 : p.329,330. # #5 : ; #3 § H. Journal, DISTRICTs. ; 5 z: #: := #: 3 Slaves. Total. p. 442. Vermont - - 22,435 22,328 40,505 || 252 16 85,539 New Hampshire | 36,086 || 34,851 || 70,160 63 158 ||141,885 Maine - - - 24,384 24,748 || 46,870 538 none. 96,540 Massachusetts - 95,453 87,289 |190,582 5,463 || none. 378,787 Rhode Island - | 16,019 15,799 || 32,652 || 3,407 948 68,825 Connecticut - 60,523 54,403 |117,448 2,808 2,764 |237,946 New York - - 83,700 || 78,122 152,320|| 4,654 21,324 |340,120 New Jersey - || 45,251 || 41,416 83,287| 2,762 11,453 |184,139 Pennsylvania - 110,788 (106,948 |206,343| 6,537 3,737 434,373 Delaware - - || 11,783 12,143 22,384 3,890 || 8,887 59,094 Maryland - - || 55,915 || 51,339|101,395 || 8,043 |103,036 319,728 } Virginia - - 110,936 116,135 215,046 12,866 |292,627 747,610 Kentucky - - || 15,154 || 17,057 28,922 114 | 12,430 | 73,677 North Carolina | 69,988 || 77,506 ||140,710 || 4,975 100,572 393,751 X South Carolina Georgia - - - || 13,103 || 14,044 25,739 398 || 29,264 82,548 # = E. :- - --- - co - F. : : * | * : F. E. Hº - º, ; 5 $ 3: aad paste work, . . - º “On anchors, and - “On all-wrought tin and pewter ware, . - J “On every coach, chariot, or other four-wheel carriage, and on every chaise, solo, or other two-wheel carriage, or parts thereof, fifteen per cent, ad valorem. “On all other articles, five per cent. on their value at the time and place of importation, except as follows: Tin in pigs, tin plates, lead, old pewter, brass, iron, or brass wire, copper in plates, wool, dyeing woods, and dyeing drugs, (other than indigo) raw hides, beaver and all other furs, and deer skins. Provided—That a drawback of six cents per gallon be allowed on all rum distilled in the United States, and which shall be exported without the limits thereof. - “Also, That all the duties paid or secured to be paid upon 310 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. #º. goods imported, shall be returned, or discharged upon such of the T said goods, as shall within months be exported to any coun- *. try, without the limits of the United States, except so much as ed. shall be necessary to defray the expense that may have accrued by the entry and safe keeping thereof.” Tonnage On motion of Mr. Madison, the clauses of the report respecting Lloyd's * a the duty to be laid on tonnage, were, for the present, postponed. º *: committee It was then resolved—“That this house doth concur with the 172. *P* committee in the said resolution, and that Mr. Clymer, Mr. H. ſº - White, and Mr. Baldwin, do prepare and bring in a bill, or bills, p. 33. pursuant thereto.” Committee In the mean time, on the 29th of April, Messrs. Gerry, Smith, Id, p. 23– of supply of Maryland, and Parker, were appointed by the house, a com- 1 mittee to prepare and report an estimate of the supplies requi- site for the present year, and of the nett produce of the impost, as agreed to by the house; and on the 8th of May, the house adopted the following order:— Instruction “Ordered—That the committee appointed on the 29th ultimo, *** to report an estimate of the supplies requisite for the present - year, and of the nett produce of the impost, as agreed to by the house, be authorized and instructed to collect early and authen- tic statements of the particular articles of foreign produce and manufactures annually imported into, and of all the articles ex- ported from, the several states, and the value of such imports and exports; also, the number of vessels, both foreign and do- mestic, entered and cleared during that time, specifying their tonnage, and the nations to which they respectively belong: spe- cifying, also, the exact numbers of each particular description of vessels, of each nation, and the amount of tonnage of each par- ticular vessel.” Tonnage On the 4th of May, the house proceeded to consider the ton- Id, p. 27. * * mage clauses reported by the committee of the whole. Consi. cussed. - - - - - - derable discussion took place on the subject of the discrimina- tion proposed, Mr. Lawrance moving to strike it out; and this mo- Lloyd's tion was opposed by Mr. Madison, Mr. Clymer, Mr. Page, and Mr. º º Jackson; and was supported by Mr. Wadsworth and Mr. Sher- 179–196. man. The house came to no decision on the question during - that day. On the 5th, Mr. Jackson moved to reduce the ton- º 200 nage duty from thirty to twenty cents, with a view of reducing the tonnage on the vessels of powers not in alliance. This motion was opposed by Mr. Ames. Mr. Madison, to harmonize the conflict- HISTORY OF CONGRESS. 3.11 - - Chap. III. National Revenue—Imposts, and Tonnage Duties. 1789. Hº. ing opinions which were thrown out, proposed to reduce the pre- - sent duty to 25 cents, and increase it at the end of the next year to 60 cents. The discussion of this question was resumed on the Lloyd's 6th, when the motion to reduce from thirty to twenty cents was $º ºº: negatived. On the 7th, Mr. Madison moved to reduce the duty 225-287. to forty cents, and, at the end of the year 1790, to increase it to Id, p. 238 seventy-five cents. After much discussion, this motion was nega- —248. tived. The house then agreed to the last resolution reported by the committee, so annexed as to read as follows:— Resolution. “Resolved—That there ought to be levied on all vessels en- H. Journal, . amend- tered or cleared in the United States, the duties following, to P. 30, 31. wit:— “On all vessels built within the United States, and belonging wholly to citizens thereof, at the rate of six cents per ton. “On all vessels not built within the United States, but now belonging wholly to citizens thereof, at the rate of six cents per ton. - “On all vessels belonging wholly to the subjects of powers with whom the United States have formed treaties; or partly to the subjects of such powers, and partly to the citizens of the said states, at the rate of thirty cents per ton. “On all vessels belonging wholly or in part to the subjects of other powers, at the rate of fifty cents per ton. “ Provided—That no vessel, built within the United States, and belonging to a citizen or citizens thereof, whilst employed in the coasting trade, or in the fisheries, shall pay tonnage more than once in any one year: nor shall any ship or vessel, built within the United States, pay tonnage on her first voyage. * Provided, also-That no vessel be employed in the transpor- tation of the produce or manufactures of the United States, or any of them, coastwise, except such vessels shall be built with- in the United States, and the property of a citizen or citizens thereof.” Committee Messrs. Wadsworth, Heister, and Seney, were then appointed ** to prepare and bring in a bill, or bills, pursuant to the said reso- lution. First tariff. In the mean time, on the 5th of May, Mr. Clymer, from the Id.p.28,29, bill, committee appointed for that purpose, presented a bill “for lay- ing a duty on goods, wares, and merchandises, imported into the United States,” which received then its first reading; and, on the 6th, was read a second time, and committed to a com- Id. p. 31– mittee of the whole house, to-morrow. The bill was discussed 9% 312 - HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. #gº. in committee on the 8th, 9th, 11th, 12th, 13th, and 14th. Mr. T Tucker commenced the debate, and moved that the duty on dis- Lloyd's tilled spirits be reduced sia cents per gallon. After discussion, º º the motion was rejected: ayes, 19; noes, 26. The subject of 250–255. Molasses molasses occupied the committee during the 11th and 12th, when º: * the duty of Sia, cents was stricken out by a vote of 24 to 22. It was then moved to fill the blank with two, three, four, and five; Id, p. 291 and five was ultimately agreed to: ayes, 25; noes, 23. On the —304. 13th, the bill was amended by the insertion, on the motion of Mr. Ames, of an impost of seven and one half per cent. on chi- na, earthen, and stone ware, and looking-glasses and brushes. Mr. Ames also moved to include gunpowder, but the motion was negatived. Mr. Parker, of Virginia, also proposed the insertion Id, p. 305 of a clause imposing a duty on the importation of slaves, of ten -* dollars for each person; but, after some debate, he withdrew his motion, on the suggestion of Mr. Madison, that it would be best to make this item the subject of a distinct bill. Mr. Smith, on the 14th, moved to add a clause, allowing a drawback of ten per cent. on the duty payable on all goods imported in American vessels, owned and navigated according to law, by citizens of the Billamend- United States; which was agreed to: ayes, 30; noes, 16. The H. Journal, ed. bill was then reported with the amendments, which were agreed P. 35, 36, - to by the House; and it was ordered that the bill, with the amend- ments, be engrossed for a third reading. On the 15th, the bill was read a third time, and, on motion, was ordered to be recommitted to a committee of the whole house, immediately. The house then resolved itself into committee on the bill, Mr. Page in the chair; and, after some time, the bill was again reported with se- veral amendments, which were agreed to by the house. Mr. Mr. Madi Madison then moved further to amend the bill, by adding at the Lloyd's tºº end thereof, a clause, limiting the time of its continuance, which º º the dura- brought on a renewed discussion of the policy and general prin-316–344. . * * ciples of the bill, continuing through the greater part of that - day and the next. Mr. Madison stated that the words he would - propose, were: that this act should not continue and be in force longer than the day of , unless otherwise limited by the act providing for the appropriation. Being thrown into its proper form, the amendment was—“..And be it further enact- ed, by the authority aforesaid—That this act shall be in force | until the day of —, and from thence until the end of the next session of Congress, which shall happen thereafter.” Mr. Lawrance required the ayes and noes on this question. Mr. Madison subsequently withdrew his motion, in order to intro- HISTORY OF CONGRESS. 313 Chap. III. National Revenue—Imposts, and Tonnage Duties. 1789. #$!!..." duce a substitute, that this act shall not continue in force after the day of , unless otherwise provided in the act for the appropriation of the revenue. He expressed himself willing to fill the blank with a more distant day than had been intended. The latter part of the clause was objected to; and, after a division of the question, at the requisition of Mr. Smith, of South Carolina, that part was stricken out. The question then stood as it was originally introduced by Mr. Madison, as follows— “...And be it further enacted, by the authority aforesaid—That this act shall continue and be in force, until the — day of y and from thence until the end of the next succeeding session of Congress, which shall happen thereafter.” The previous ques- tion was then demanded by five members: “Shall the main ques- tion be now put?” And, on this question, it was determined in the affirmative. And then the main question, that the House do agree to the amendment, was put, and decided in the affirmative, by the following vote:- Agreed to. Ayes—Messrs. Baldwin, Benson, Bland, Burke, Carroll, Coles, H. Journal, Contee, Fitzsimons, Floyd, Gale, Gerry, Gilman, Goodhue, Grif- p. 36, 37. fin, Grout, Hathorn, Heister, Huntington, Jackson, Lee, Leo- nard, Livermore, Madison, jr., Moore, Muhlenberg, Page, Parker, Partridge, Van Rensselaer, Seney, Scott, Smith, of Maryland, Smith, of South Carolina, Sturges, Silvester, Trumbull, Tucker, Wining, Wadsworth, White, Wynkoop.–41. JVoes—Messrs. Ames, Boudinot, Cadwalader, Clymer, Law- rance, Sherman, Sinnickson, Thatcher.—8. Billpassed The bill was then engrossed, read a third time, and passed. ** In the Senate, the bill was read a first time on the 18th; and, S. Journal, on the question of its second reading, the Senate were occupied P. 27–32. on the 25th, 28th, 29th, and on the 1st, 2d, 3d, 4th, 5th, and 8th of June; when it was agreed that Messrs. Ellsworth, Morris, Lee, Butler, and Dalton, should be a committee to consider and report the expediency of adding a clause, prohibiting the importation of goods from China or India, in ships or vessels, other than those be- longing to the citizens of the United States. On the 9th, the bill sº p. 32, was ordered to a third reading, on the following Wednesday; and, “” on the 10th and 11th, the bill was read a third time, and con- curred in with the following amendments:— Amend: “Page 1, line 1. At A insert, “for the discharge of the debts º: of the United States.” “ Line 3. Strike out ‘Congress,’ and insert ‘Senate and Re- presentatives;' and, after the words ‘United States,’ insert, of America, in Congress assembled.” Wol. I.-40 314 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. 1st Congress. 1st Session. Amend- ments Senate. of “Line 4. Expunge ‘fifteenth day of June,’ and insert, ‘first day of July.” “ Line 7. Strike out the words following: ‘On all distilled spi- rits, of Jamaica proof, imported from the European dominions of any state or kingdom, having a commercial treaty with the United States, per gallon, 12 cents.’ “On all other distilled spirits, imported from the European do- minions of such state or kingdom, per gallon, 10 cents. “ Line 10. Strike out the word ‘other.’ & 4 11. Strike out * 15,” and insert “10.” “— 12. Strike out “12,” and insert ‘8.” “— 13. Strike out ‘5,’ and insert “3.” “— 14. Strike out ‘25,’ and insert 18.” “— 15. Strike out 15, and insert “10.” “— 16. Strike out ‘8,’ and insert “5.” & 4 17. Strike out ‘25,’ and insert 16.” “Page 2, lines 1 and 2. Strike out ‘75,’ and insert “60.’ & 4 4. Strike out 200,’ and insert 150.” “— 10. At B, insert, ‘On Indigo, per pound, 16 cts.” “— 11. Strike out ‘3,’ and insert “1.’ & 4 15. At E, insert, “ or in ships or vessels built in foreign countries; and on the sixteenth day of May last, wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation.’ “Page 2, line 19. Strike out 10, and insert 12.” & 4 20. Strike out the words following: ‘On all teas, imported from any country other than China or India, in any ship or vessel whatsoever, or from China or India in any ship or ves- sel which is not wholly the property of a citizen or citizens of the United States, as follows:— “‘On Bohea tea, per pound, ten cents. “‘On all Souchong, and other black teas, per pound, fifteen €ents. - “‘On all Hyson teas, per pound, thirty cents. “‘On all other green teas, per pound, eighteen cents.’ “And insert, ‘On all teas imported from Europe, in ships or vessels built in the United States, and belonging wholly to a citi- zen or citizens thereof, or in ships or vessels built in foreign coun- tries; and on the sixteenth day of May last, wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, as follows:– “On Bohea tea, per pound, eight cents. “On all Souchong, and other black teas, per pound, thirteen cents. HISTORY OF CONGRESS. 315 Chap, III. National Revenue—Imposts, and Tonnnge Duties. 1789. #º. “On all Hyson teas, per pound, twenty-six cents. ºn “On all other green teas, per pound, sixteen cents. Amend- a. - - ments of On all teas imported in any other manner than as above- Senate, mentioned, as follows:— “On Bohea tea, per pound, fifteen cents. “On all Souchong, and other black teas, per pound, twenty- two cents. “On all Hyson teas, per pound, forty-five cents. “On all other green teas, per pound, twenty-seven cents. “On all goods, wares, and merchandises, other than teas, im- ported from China or India, in ships not built in the United States, and not wholly the property of a citizen or citizens there- of, nor in vessels built in foreign countries, and, on the 16th day of May last, wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, twelve and a half per centum ad volorem. “At C, insert On gunpowder,’ and ‘on all paints ground in oil, ten per centum ad valorem.’ - “ Line 32, strike out ‘7%,” and insert 10.” “And in the same line, strike out ‘of metal.’ “At K, insert on shoe and knee buckles, ten per centum ad valorem.” “Page 2, lines 33 and 34, strike out ‘7%, and insert 10.’ “Page 3, lines 1, 2, 3, 6, 9, 10, strike out ‘7,’ and insert * 10.” “At L, insert on gold and silver lace, on gold and silver leaf, ten per centum ad valorem. - “And that all the articles dutied ad valorem, be arranged to- gether under their respective rates.” - “At M, insert on playing cards, per pack, ten cents.’ “ Line 17, after wool,’ insert “cotton,” and strike out the words ‘other than indigo.” “Line 21, insert after sixty cents, ‘and on cotton, per pound, three cents.” “Page 4, line 1, strike out the following words: “And be it fur- ther enacted, by the authority aforesaid—That there shall be allowed and paid on every gallon of rum distilled within the United States, and exported beyond the limits of the same, in conside- ration of the duty on the importation of the molasses from which the said rum shall have been distilled, six cents.” “Page 3, line 23, at N, insert ‘except on distilled spirits, other than brandy and Geneva.” “Line 25, at O, insert, “as settled by the late treaty of peace.” * H. Journal, p. 34. 316 HISTURY OF CONGRESS. | | CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. Istgangress. “Page 4, line 7, at P, insert or in vessels built in foreign 1st Session. - countries, and, on the 16th day of May last, wholly the property m...”. of a citizen or citizens of the United States, and so continuing, Senate, until the time of importation.’” On the 15th and 16th of June, the House considered the amendments made by the Senate, and adopted a resolution, in the followlng form:- House a- “Resolved—That this house doth agree to the first, eighth, II. Journal, 5. * ninth, tenth, sixteenth, eighteenth, nineteenth, twentieth, twen- P. 48, 49. ty-first, twenty-third, thirty-first, thirty-third, thirty-fourth, thir- ty-fifth, thirty-sixth, thirty-seventh, thirty-eighth, thirty-ninth, and fortieth amendments. - Disagree “And doth disagree to the second fourth, fifth, sixth, seventh, ** eleventh, twelfth, thirteenth, fourteenth, fifteenth, seventeenth, twenty-second, twenty-fourth, twenty-fifth, twenty-sixth, twenty- seventh, twenty-eighth, twenty-ninth, thirtieth, and thirty-second amendments.” The third amendment was then agreed to with an amend- ment, by striking out the word “July’’ proposed to be inserted by the Senate, and inserting, in lieu thereof, the word “Au- gust.” senate in- On the 18th and 19th, the Senate resumed the consideration S. Journal, ...” of the subject, and insisted on their second, fourth, fifth, sixth, p. 35. Recede seventh, eleventh, twelfth, and seventeenth amendments, and re- *. ceded from their third, thirteenth, fourteenth, fifteenth, twenty- second, twenty-fourth, twenty-fifth, twenty-sixth, twenty-se- venth, twenty-eighth, twenty-ninth, thirtieth, and thirty-second amendments. - The House of Representatives, on the 24th, considered the mes- H. Journal, sage sent from the Senate, and receded from their disagreement P. 53. to the second amendment, agreeing to that amendment, with an amendment, by inserting after the words, “Senate and,” the Housede words “ House of.” The house insisted on their disagreement .* to the fourth and fifth amendments to the bill; and requested a conference with the Senate, on the subject matter of the sixth, seventh, eleventh, twelfth, and seventeenth amendments; ap- pointing Messrs. Boudinot, Fitzsimons, and Madison, to be ma- nagers on the part of the House. On the 25th, the Senate deliberated upon the decision of the S. Journal, House, and so far receded from their second amendment, as to P. 36. concur in the modification which had been made by the House. The following resolution was at the same time adopted:– HISTORY OF-CONGRESS, 317 CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. #º “ Resolved—That the Senate do still insist on the fourth and * fifth amendments, but have agreed to the proposed conference; and º". have charged their managers to conſer with those of the House of §onfer. Representatives, as well on the said fourth and fifth amendments, ence. as on the other amendments, on which the House of Represent- atives have requested a conference; and the Senate request that the House of Representatives will also charge their managers to confer with those of the Senate, on the said fourth and fifth amendments; and that Mr. Morris, Mr. Lee, and Mr. Ellsworth, S. Journal, be the managers on the part of the Senate.” p. 37. Mr. Morris in the Senate, and Mr. Boudinot in the House, H. Journal, made a report from the managers on the 27th. The House im- P. * * mediately proceeded to act upon the report, and receded from their disagreement to the fourth, fifth, sixth, seventh, eleventh, twelfth, and seventeenth amendments, agreeing to these several amendments, with the following amendments to the twelfth and seventeenth amendments:— Difference “In the twelfth amendment, strike out ‘sia teen,” and insert adjusted. “twenty.” “In the seventeenth amendment, strike out “one,” and insert * two.’” - This decision having been communicated to the Senate, that body so far receded from their twelfth and seventeenth amend- - - ments, as to concur in the modifications of them made by the House of Representatives. Bill impos. In the mean time, Mr. Wadsworth, from the committee ap- Id. p. 41. º: pointed on the 7th of May, presented a bill imposing duties on tonnage, which received its first reading on the 25th, and was read a second time and committed on the following day. On the 27th, the bill was considered and amended in committee of the whole, and on the 28th the amendments were agreed to, and the bill was ordered to be engrossed for a third reading. On Id, p. 42. Passed in the 29th of May, the bill was read a third time and passed in House. , the House. The bill did not receive its first reading in the Se- S. Journal, nate until the 9th of June, the tariff bill being under discussion. P. 32. 34. It was taken up on its second reading, and discussed on the 15th and 16th of June. And on the 19th, the bill was read a third time and concurred in with the following amendments:- Amend- « Line I. Strike out the Congress of the United States,’ and º insert the Senate and Representatives of the United States of America, in Congress assembled.” “ Line 4. Strike out at A, now belonging,” and insert “on 318 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tonnage Duties. ºf the 29th day of May, 1789, belonging; and during the time such — ships or vessels shall continue to belong.” me...”. « Lines 5, 6, 7. Strike out from C to D; namely: “On all Senate, ships,’ &c., and insert on all ships or vessels hereafter built in the United States, belonging wholly or in part to subjects of fo- reign powers, at the rate of 20 cents per ton.” « Line 7. Next after the words on all,” insert “other.” “— S. Strike out from E to F; namely: “Belonging wholly s. Journal, or in part to subjects of other powers.” p. 35. “ Lines 9 and 10. Strike out from G to H; namely: ‘On all ships,’ &c. * Line 14. Strike out no,” and “shall be,” and insert “every.” 6& 17. Insert after citizens thereof,” “shall on each entry pay fifty cents per ton.” “Line 19. Strike out “June, and insert July.’” The House of Representatives considered these amendments on the 24th, and determined to agree to the first, second, and ninth amendments, the first and ninth to be amended as follows:— “In the first amendment, after the words ‘Senate and,’ insert H. Journal, * House of.” ” p. 53. “In the ninth amendment, strike out the word ‘July, and in- sert “August.’” House dis- The House, at the same time, disagreed to the third, fourth, *. º fifth, sixth, seventh, and eighth amendments to the bill; desired a mend- conference with the Senate upon the subject matter of these ments. amendments, and appointed Messrs. Boudinot, Fitzsimons, and Madison, to be managers on the part of the House. Confer- The Senate, on the 25th, concurred in the modifications pro- S. Journal, £nce. posed by the House of Representatives in their first and ninth P. 37. amendments, and appointed Messrs. Morris, Lee, and Ellsworth, to be a committee to confer with the committee of the House upon the disagreement of the two houses on the other amend- ments. Mr. Boudinot made a report from the managers on the 27th, H. Journal when the House receded from their disagreement to the third, P. 55. seventh, and eighth amendments, agreeing to these amendments, with the following amendment to the third; namely: in lieu of striking out the clause, as proposed by the Senate, to retain the same, and to add to the end thereof, the words proposed to be in- serted by the Senate, amended to read thus: “On all ships or vessels, hereafter built in the United States, belonging wholly, or in part, to subjects of foreign powers, at the rate of thirty cents - HISTORY OF CONGRESS. 319 CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. 1st Congress. 1st Session. Passed. Bill for col- lecting du- ties, Laid on ta- ble, Bill to re- gulate the collection of duties, per ton. The House also insisted on their disagreement to the fourth, fifth, and sixth amendments. On the 30th, the Senate resolved to adhere to their third, S. Journal, fourth, fifth, and sixth amendments, but so far to concur in the p. 38. amendment of the House in the third amendment, as to agree to the insertion of the words proposed by that house. The question came again before the House of Representatives H. Journal, on the 1st of July, when it was moved to recede from the disa- P. * * greement to the different amendments, to which the Senate had adhered. And this motion was decided in the affirmative, by the following vote:– Ayes–Messrs. Ames, Baldwin, Benson, Burke, Cadwalader, Fitzsimons, Gerry, Gilman, Goodhue, Hathorn, Huntington, Jack- son, Lawrance, Lee, Livermore, Mathews, Moore, Partridge, Sedgwick, Sherman, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Silvester, Thatcher, Trumbull, Tucker, Wadsworth, White, Wynkoop.–31. JVoes—Messrs. Boudinot, Brown, Carroll, Clymer, Coles, Con- tee, Griffin, Grout, Hartley, Madison, jr., Muhlenberg, Page, Parker, Van Rensselaer, Scott, Seney, Sturges, Sumpter, Wining. —19. In pursuance to an order of the House of Representatives, on Id. p. 31. the 8th of May, Mr. Gerry, from the committee appointed on the 11th of April, presented a bill for collecting duties on goods, wares, and merchandises, imported into the United States, which was read a first time. On the next day, it received its second reading, and was committed to a committee of the whole house. Id. p. 37. On the 18th, the bill was taken up in committee, when it was Lloyd's opposed by Mr. Lawrance, Mr. Huntington, Mr. Jackson, and º *: Mr. Wining, as inadequate, unconstitutional, imperfect, and unfit 345, 346. for the purposes for which it was intended. Mr. Wining expressed a hope that the committee would rise, as the best mode of get- ting rid of the bill. This was agreed to, when Mr. Page, the chairman, said he was at a loss to make a regular report, as the committee had given no particular instructions; but, the truth was, they desired to have nothing more to do with the bill. The committee then rose, and the chairman reported that, according to order, they had had the bill under consideration, and gone through the same, and made no amendment thereto. The bill was then ordered to lie on the table; and there it was suffered to remain. On the 27th of May, Mr. Fitzsimons, from the same commit- H. Journal, tee, presented a bill to regulate the collection of duties imposed P.” - 320 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tonnage Duties, 1789. #º. on goods, wares, and merchandises, imported into the United st Session. - - - - * States, which was then read a first time. It received its second H. Journal, commit reading on the 29th, and was committed. The bill was consi- p. 43–48. ted. - Newbillre- ported. Consider- ed and passed by House. - Bill in Se- nate. Commit- ted. - Amend- dered in committee on the 1st, 2d, 3d, 4th, 5th, 9th, 10th, 11th, 12th, and 13th of June, and on the last named day, the commit- tee of the whole were discharged from the further consideration of the bill, and it was referred to a special committee, consisting of Messrs. Goodhue, Fitzsimons, Lawrance, Jackson, Burke, Li- vermore, and Sherman. On the 29th of June, Mr. Goodhue, from this committee, re- ported that the committee had prepared an entire new bill, as an amendment and substitute to the former bill, which was read and committed to a committee of the whole house. The bill was considered in committee on the 2d, 3d, 6th, 7th, 8th, 9th, and 10th of July; and, on the last named day, the committee reported va- rious amendments, which, on the 11th, were again amended; and the bill was ordered to a third reading. And, on the 14th, the blanks being filled up, the bill was passed, with the following title: “An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States.” The Senate ordered the bill to be read a first time on the 15th, and to receive its second reading on the 17th. The bill, on its second reading, however, was not taken up until the 20th, when, after debate, it was committed to Messrs. Morris, Langdon, Car- roll, Dalton, and Lee, to report such additions and alterations as they may judge requisite. The bill was again discussed on the following day; and, on the 23d, it was again taken up, and it was then moved to expunge the clause, providing, “ that oaths shall be administered to the master, or other persons having the charge or command of any ship or vessel,” and to substitute the words, “ and the owner’s and master’s declaration, with penalties for false entry;” but the motion was determined in the negative. The bill received its third reading on the 27th, and was concur- red in with the amendments which are subjoined. -* “Page 1, line 4. After ‘law,” strike out upon,” and insert ments of , on the tonnage of ships and vessels, and on.” the Senate. “ Line 25. After ‘Medford,” insert Cohasset.” “ Page 4, line 9. After ‘also,” strike out a,’ and insert “two.” Strike out ‘ to reside at the city of Hudson, and in- Sert— “Line 10. “One to reside at the city of Albany, and the other at the city of Hudson.” Id. p. 55– 59. Id.p,60,61. Id. p. 44. Id. p. 45. HISTORY OF CONGRESS. 321 Chap. III. National Revenue—Imposts, and Tonnage Duties. 1st Cºngress. “Jine 13. After “Burlington, and,’ strikeout “Greenwich,” 1st Session. - - – and insert Bridgetown.” mº"; “Line 24. Strike out ‘ Greenwich,” and insert “Bridgetown.” Senate. << 27. After Salem,” insert ‘Port Elizabeth, or,” and af. ter Maurice river,’ insert “Stillwell’s landing on.” * Line 28. Strike out Greenwich,” and insert Bridgetown.” * Page 5, line 5. After “annexed,” insert ‘Newcastle, and.” Strike out ‘a’ after as,” and insert ‘s’ after port,” in the se- cond place. “ Line 11. After river shall be,” strike out constituted.” 44 12. After ‘Baltimore, insert which shall be the sole port of entry.” º * Lºne 15. Strike out constituted.” &&. 16. After “ Chester,’ insert which shall be the sole port of entry.” “ Line 17. After inclusive,’ insert and Cambridge shall be a port of delivery only.” “ Line 18. After Oxford,” insert which shall be the sole port of entry.” “ Line 20. After inclusive,” insert and Salisbury shall be a port of delivery only.” * Line 21. After Vienna,’ insert which shall be the sole port of entry.” * Lºne 24. Strike out 4 constituted.” “ — 25. After Snow-Hill,’ insert which shall be the sole port of entry.” * Page 6, line 11. Strike out “ten,” and insert twelve.” Af- ter to wit,” insert Hampton, as one port.” - - - - “Line 12. After ‘’Tappahannock,” insert Yeocomico river, including Kinsale.” - “Line 13. After ‘Louisville,” insert the authority of the officers at Hampton shall extend over all the waters, shores, bays, harbours, and inlets, between the south side of the mouth of York river, along the west shore of Chesapeake Bay to Hamp- ton, and thence up James’ river to the west side of Chicahomony river, and a collector shall be appointed to reside at Hampton, which shall be the sole port of entry.” - “Line 16. Strike out ‘the point of landing forming the south shore at the mouth of York river, thence up to Hampton,” and insert & the mouth of James’ river.” “ Line 17. Strike out “including both shores thereof,” after & James’ river.” Wol. I.-41 1789. 322 HISTORY OF CONGRESS. CHAP. III. - National Revenue—Imposts, and Tonnage Duties. 1789. #º. “ Line 19. Strike out or Portsmouth, as the secretary of the treasury shall direct.” mº"; “ Line 20. Strike out Hampton.” Senate. “Page 7, line 8. Strike out to the district of Dumfries, in- cluding Newport, shall be annexed Yeocomico river, including Kinsale, as a port of delivery only; and a collector for the district shall be appointed to reside at Dumfries, which shall be the sole port of entry; also, a surveyor to reside at Barren point, on Yeo- comico river, and the authority of the officers of the said dis- trict shall extend over all the waters, shores, bays, harbours, and inlets, comprehended on the south side of Potomac river, from Smith’s point to Cockpit point, on the said river,” and in- sert “the district of Yeocomico river, including Kinsale, shall - extend from Smith’s point, on the south side of Potomac river, to Boyd’s Hole, on the same river, including all the waters, S. Journal, shores, bays, rivers, creeks, harbours, and inlets, along the south p. 46. shore of Potomac river, to Boyd’s Hole aforesaid; and Yeoco- mico, including Kinsale, shall be the sole port of entry, and a collector shall be appointed to reside on Yeocomico river. The district of Dumfries, including Newport, shall extend from Boyd’s Hole to Cockpit point, on the south side of Potomac ri- ver; and a collector shall be appointed to reside at Dumfries, which shall be the sole port of entry; and the authority of the officers of this district shall extend over all the waters, shores, bays, harbours, and inlets, comprehended between Boyd’s Hole and Cockpit point, aforesaid.” “Page 8, line 14. After “Jekeyl Island,” insert, “Frederica shall be a port of delivery only.” « Line 21. Strike out ‘constituted.” & 4 27. After ‘Wilmington,’ insert “New Castle and Port Penn.” “Line 28. After “Georgetown,” insert on Potomac.” & & 29. Strike out or,” and insert and.” * Page 9, line 4. Strike out “any port or place in India or China, or beyond.” “ Line 5. Insert, after ‘Cape of Good Hope,” “ or from any place beyond the same.’ « Line 8. After ‘Delaware,” insert “Baltimore town.” “ — 12. Strike out “and,’ and insert “or.” & 16. Strike out (‘except the port of Hampton, in the said district.') * Line 21. Strike out “Hampton.” - “– 27. After “or,’ insert the collector.” º - HISTORY OF CONGRESS. 323 CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. #º. “ Page 10, line 5. After Portsmouth,” insert, “ or with the collector for the port of Hampton.” ....". “Line 15. Strike out making the same.” - Senate, “— 18. After of goods,” insert, “to employ proper per- sons as weighers, gaugers, measurers, and inspectors, at the se- veral ports within his district, together with such persons as shall be necessary to serve in the boats which may be provided, for securing the collection of the revenue: to provide, at the public expense, and with the approbation of the principal officer of the treasury department, store-houses, for the safe keeping of goods; - together with such scales, weights, and measures, as shall be deemed necessary.” - - “Line 22. Strike out and jointly with him to employ pro- per persons as weighers, gaugers, measurers, and inspectors, at the several ports within their district, together with such per- sons as shall be necessary to serve in the boats which may be provided for securing the collection of the revenue: to provide, at the public expense, and with the approbation of the principal officer of the treasury department, store-houses for the safe keep- ing of goods; together with such scales, weights, and measures, as shall be deemed necessary.” - “Page 11, line 6. After naval officer,’ insert— And be it further enacted—That every collector, appointed in virtue of this act, in case of his necessary absence, sickness, or inability to execute the duties of his office, may appoint a deputy, duly authorized under his hand and seal, to execute and perform, in his behalf, all and singular the powers, functions, and duties of collector of the distriet to which he, the said principal, is attached, who shall be answerable for the neglect of duty, or other mal- conduct of his said deputy, in the execution of the office.” “‘..And be it further enacted—That in case of the disability or death of any collector, the duties and authorities vested in him by this act, shall devolve on his deputy, if any such hath been appointed, (for whose conduct the estate of such disabled or de- ceased collector shall be liable,) and the said deputy shall exercise the authority, and perform all the duties, until a successor shall be appointed. But in cases where no deputy is appointed, the authorities and duties of the disabled or deceased collector shall devolve upon the naval officer of the same district, until a succes- sor, duly authorized and sworn, shall enter upon the execution of the duties of the said office.” . “ Line 9. After ‘port,” strike out, “and the surveyor shall, in like manner, execute all the duties required of other surveyors.” 324 - HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tommage Duties. 1789. #gº. “Line 25. After ‘informer,’ insert, and no weigher, gauger, - measurer, or inspector, shall execute the duties of his office, until º º: he shall have taken the above oath or affirmation.” Senate. “Page 12, line 7. After is bound,’ insert, and the name or names of the person or persons to whom the goods are con- signed; or, in cases where the goods are shipped to order, the names of the shippers, noting the goods consigned to their or- ders.” - “Line 19. After ‘authorized,” insert and required.” “— 27. After ship or vessel,’ insert “but in open day, or.” “—— 30. Strike out ‘and if he be a pilot or officer of the customs.” - “Page 13, line 1. After years,’ insert, and it shall be the duty of the collector of the district to advertise the names of all such persons in the public gazette of the state in which he re- sides, within twenty days after each respective conviction.” “ Line 19. Strike out ‘credible witness,’ and insert reputa- ble citizens of the neighbourhood, but acquainted with matters of that kind.” “Mine 21. Strike out within eight days next after the arrival S. Journal, of such ship or vessel.” p. 47. 44 ſine 24. Strike out exact.” “—— 27. Strike out ‘thereon, and insert “on the said entry.” “Page 14, line 3. Strike out thirty,’ and insert “ten.” “Line 25. Strike out ‘port,” and insert district, or to such person as he shall authorize or appoint, on his behalf, to receive the said goods.’ “ Line 26. Strike out “goods,” and insert “packages, with their marks and numbers.” “Page 15, line 1. After ‘discharged,” insert—‘ Provided, always—That the said limitation of fifteen days shall not extend to vessels laden with salt or coal; but, if the master or owner of such vessels require longer time to discharge their cargoes, the wages of the inspector, for every day’s attendance exceeding the said fifteen days, shall be paid by the master or owner.” « Line 24. Strike out ‘from India or China,” and insert from any place beyond the same.’ * Line 25. Strike out of packages and commissions.” * Page 16, line 9. Strike out “one hundred,’ and insert' fifty.’ - « Line 14. Strike out “sufficient in,’ and insert of double the.” * Line 21. Strike out “one hundred,’ and insert ‘fifty.’ 4–27. After clear out,’ insert “the register of which HISTORY OF CONGRESS. Chap. III. National Revenue—Imposts, and Tonnage Duties. 1st Congress ship or vessel, at the time of entry, shall be lodged in the office 1st Session. - - H of the collector, and there remain until such clearance.’ mº"; “Page 18, line 5. After equal to,” insert ‘double.” Senate, “Line 11. After ‘by any,’ insert ‘judge or.” “ —— 21. After that is to say,” strike out every collector, in the sum of five thousand dollars; every naval officer, in the sum of one thousand dollars; and every surveyor, in the sum of one thousand dollars;’ and insert, “ the collector of Philadelphia, in the sum of sixty thousand dollars; the collector of New York, fifty thousand dollars; the collector of Boston, forty thousand dollars; the collectors of Baltimore town and Charleston, thirty thousand dollars; the collectors of Norfolk and Portsmouth, fif- teen thousand dollars; the collectors of Portsmouth, in New Hampshire, of Salem and Beverly, Wilmington, Annapolis, Georgetown, in Maryland, Bermuda Hundred and City Point, and Alexandria, ten thousand dollars each; the collectors of New- buryport, Gloucester, Marblehead, Plymouth, Nantucket, Port- land and Falmouth, New London, New Haven, Fairfield, Perth Amboy, Chester, Oxford, Yorktown, Dumfries, Georgetown, in South Carolina, Beaufort, and Savannah, each five thousand dol- lars; and all the other collectors in the sum of two thousand dol- lars each. The naval officers for the ports of Boston, New York, Philadelphia, Baltimore town, and Charleston, ten thousand dol- lars each; and all the other naval officers, in the sum of two thou- Sand dollars each. The surveyors of the ports of Boston, New York, Philadelphia, Baltimore town, and Charleston, five thou- Sand dollars each, and all other surveyors one thousand dollars each.” ** Page 18, line 24. After “vessel,” strike out ‘which is not wholly the property of a citizen or citizens of the United States, six dollars; for every entrance of any other ship or vessel, of the burden of one hundred tons or upwards, arriving from any ſo- reign port, four dollars; for every entrance of any such other ship or vessel, under the burden of one hundred tons, arriving from any foreign port, three dollars;’ and insert of one hun- dred tons’ burden and upwards, two dollars and a half; for every clearance of any ship or vessel, of one hundred tons’ burden and upwards, two dollars and a half; for every en- trance of any ship or vessel, under the burden of one hundred tons, one dollar and a half; for every clearance of a ship or ves- sel, under one hundred tons’ burden, one dollar and a half.” “ Line 3. After bond,” strike out ‘ to secure the payment of duties,” and insert “taken officially.’ 326 HISTORY OF CONGRESS. CHAP. III. 1st Congress. 1st Session. Amend- ments of Senate. National Revenue—Imposts, and Tonnage Duties. 1789. “Line 4. After ‘thirty cents,’ insert “for every official cer- s. Journal, tificate, twenty cents; for every bill of health, twenty cents; for P. 48. every other official document, registers excepted, required by the owner or master of every vessel not before enumerated, twenty cents.” “ Line 6. Strike out “a common,” and insert “an office to be provided by the collector, in the place of his residence, most convenient for the trade of the district in which the said col- lector and naval officer shall each have at least one separate room.” “After office,” insert and the said fees shall be received by the collector, who shall settle the accounts monthly, and pay to the naval officer the balance which may be due to him on such monthly settlement.” “Page 19, line 7. Strike out any ship or vessel which is not wholly the property of a citizen or citizens of the United States, and having on board goods, wares, or merchandise, subject to duty, four dollars; for the like services on board any other such ship or vessel, two dollars; for the like services on board any ship or vessel, wholly belonging to a citizen or citizens of the United States, and having on board goods, wares, and merchan- dise, subject to duty, three dollars; for the like services on board every other ship or vessel, one dollar;’ and insert any ship or vessel of one hundred tons and upwards, and having on board goods, wares, and merchandise, subject to duty, three dollars; for the like services on board any ship or vessel of less than one hundred tons’ burden, having on board goods, wares, and mer- chandise, subject to duty, one dollar and a half; on all vessels not having on board goods, wares, and merchandise, subject to duty, two-thirds of a dollar.” “ Line 12. After “shall be paid,” insert to the collector.” “ — 13. After ‘performed,’ insert and the said collector shall pay weekly to the surveyor the fees so received.” “ Line 16. After ‘paid by,’ strike out owners thereof, and insert collector,” “out of the revenue.” “ Line 18. Strike out ‘ two cents,’ and insert one cent.” “Page 20, line 25. After ‘such goods,” insert a protest in due form of law, made by the master and mate, or some of the seamen, or in case no such protest can be had.” “Page 21, line 19. After recompense,” insert for con- niving.” “Line 20. Strike out ‘with intent to elude the payment of any debt, or the performance of any duty established by law.” HISTORY OF CONGRESS. 327 Chap. III. - National Revenue—Imposts, and Tonnage Duties. 1789. 1st Congress. 1st Session. Amend- ments of Senate. House con- Culi", Importa- tion of slaves. Petitions “ Line 24. Strike out ‘ the sum of one hundred,” and insert * a sum not less than two hundred nor more than two thousand.” “ Page 22, line 15. After “merchandise and,” insert “shall give bond to.” “After “ thereof,” insert and to refund the cost, in case he shall not support his claim.” “Page 23, line 9. Strike out two,” and insert three.” “— 24, line 2. Strike out of foreign,” and insert not of their own.” “ Line 10. After the end of the paragraph, insert and all goods, wares, and merchandise, brought into the United States by land, contrary to this act, shall be forfeited, together with the carriages, horses, and oxen, that shall be employed in conveying the same.’” These amendments being communicated to the House of Re- H. Journal, presentatives on the 28th, were immediately concurred in by P." that body. It has been already stated, during the discussion of the tariff Id, p. 37. bill, that Mr. Parker, of Virginia, moved to impose a tax of ten dollars on every slave imported, but withdrew his motion on the suggestion of Mr. Madison, that it would be better to make this the subject of a separate bill. Accordingly, on the 18th of May, on motion of Mr. Parker, leave was given by the House of Re- presentatives to bring in a bill concerning the importation of certain persons into the United States, prior to the year 1808, and Messrs. Parker, Sinnickson, and Muhlenberg, were ap- pointed a committee to prepare the same. On the 19th of Sep- tember, Mr. Parker, from this committee, presented a bill, con- forming in its title to the instruction given by the House. This bill was read a first time, and its further consideration was Id, p. 114. then postponed until the next session of Congress. Nothing further was done with this bill. Soon after the collection and tonnage bills went into opera- Id, p. 89. º º tion, they were discovered to act unequally and oppressively on sion of pro. Some districts, and the consequence was, that memorials came in ...” from various quarters, praying for modifications, and a suspension and ton of the odious features. The merchants of Alexandria and Dum- *** fries, in Virginia; of Georgetown, Bladensburg, and Piscataway, in the state of Maryland, prayed Congress that so much of the act to regulate the collection of duties, as restricts ships or ves- sels bound up the river Potomac, to stop at Saint Mary's or Yeo- comico, and there obtain a certified manifest of their cargoes 328 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. #gº.º. before entry made, be repealed, or that the like regulation be H. Journal, - made general throughout the United States. A petition was also P.92. presented from the commanders of packets plying between Pro- vidence and Newport, in Rhode Island, praying that so much of the act as subjects ships or vessels of that state to the same ton- nage as is imposed on foreign ships or vessels, may be suspended until the first day of December next. Petitions, similar in their Id, p. 104. import, from Providence, Newport, Bristol, Warren, and Barring- ton, in Rhode Island; and others from other quarters, were also presented. These complaints were referred to a committee, consisting of Messrs. Goodhue, Carroll, and Lee, to whom Mr. Bland was afterwards added. In relation to the Potomac re-Id. p. 90– striction, Mr. Goodhue made a report on the 26th of August, 2. which report was taken up on the 28th, for consideration, and was agreed to, in the following amended form:— “That so much of the act, entitled ‘An act to regulate the collection of duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States, as obliges vessels bound up the Potomac, to stop at St. Mary's or Yeocomico, to report a manifest of their car- goes, ought to be suspended.” - Messrs. Goodhue, Carroll, and Lee, were then instructed to Id. p. 93. prepare and bring in a bill pursuant to this report. And on the Bill to sus- same day, Mr. Goodhue presented a bill to suspend part of an !. P. act, entitled “An act to regulate the collection of the duties im- collection posed by law on the tonnage of ships or vessels, and on goods act. wares, and merchandises, imported into the United States,” which then received its first reading. The bill was read a second time on the following day; and, on the 31st, after its third reading, it Id, p. 94. was committed to Messrs. Goodhue, Carroll, Lee, and Bland, with an instruction to insert a clause, or clauses, for establishing Bath and Frenchman's Bay, in the state of Massachusetts, ports of delivery for all foreign vessels. On the 2d of September, the Id, p.9% bill was reported with the amendment, and on the 3d, it was 96. read a third time and passed. In the Senate, the bill was read S. Journal, a first time on the 7th, a second time on the 10th, and, on the º,” 78, 11th, was committed to Messrs. Morris, Dalton, and Ellsworth; and this committee, on the next day, reported the following amendment to the bill:— senate “Be it further enacted—That all the privileges and advan- * tages to which ships and vessels, owned by citizens of the United States, are by law entitled, shall be, until the fifteenth day of HISTORY OF CONGRESS. 329 Chap. III. National Revenue—Imposts, and Tonnage Duties. 1789. Hº January next, extended to ships and vessels wholly owned by ci- tizens of the states of North Carolina, and Rhode Island and ...” Providence Plantations: Provided—That the master of every ment, such ship or vessel, last mentioned, shall produce a register for the same, conformable to the laws of the state in which it shall - have been obtained, showing that the said ship or vessel is, and - before the first day of September instant, was, owned as afore- said; and make oath or affirmation, before the collector of the port in which the benefit of this act is claimed, that the ship or vessel for which such register is produced, is the same therein mentioned, and that he believes it is still wholly owned by the person, or persons, named in said register, and that he or they are citizens of one of the states aforesaid. “And be it further enacted—That all rum, loaf sugar, and choco- late, manufactured or made in the states of North Carolina, or Rhode Island and Providence Plantations, and imported or brought into the United States, shall be deemed and taken to be subject to the like duties, as goods of the like kinds, imported from any ſo- reign state, kingdom, or country, are made subject to. “And be it further enacted—That Rehoboth, in the state of Mas- sachusetts, shall be a port of entry and delivery, until the fifteenth day of January next, and that a collector be appointed for the same.” Several petitions of the citizens of the state of Rhode Island, S. Journal, and North Carolina, praying for the relief proposed by this bill, P. 79,80. were then read. The bill was amended by adding to it the clauses reported by the committee, and by striking out the word “August,” in the eighth line, and substituting “ May,” and by adding to the title, the words, “and for other purposes,” and was Billpassed then passed. The amendments were agreed to by the House of H. Journal, in Senate. - - - - - - Representatives, without opposition. p Bill to sus- Mr. Goodhue, also, from the same committee, presented, on the Id.p.105– 㺠9th of September, a bill for suspending the operations of part of * *. *...* an act, entitled “An act imposing duties on tonnage,” which was nage a. then read a first time, and was passed through its remaining stages on the two next succeeding days. On the 11th, the bill was S. Journal, read twice in the Senate, and committed to Messrs. Morris, Dal- P. 78–80. ton, and Ellsworth, who made a verbal report thereupon on the Rejected. 12th, when the Senate adopted a resolution not to concur with the House in this bill. º to a From the same committee, on the 17th of September, Mr. H. Journal, lection ... Goodhue presented a bill for amending part of an act, entitled p. 112,113. Vol. I.-42 330 HISTORY OF CONGRESS, CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1789. łºgº. “An act to regulate the collection of the duties imposed by law - on the tonnage of ships or vessels, and on goods, wares, and mer- chandises, imported into the United States,” which received its first reading on that day, and was read a second and third time on the 18th and 19th. On the last named day, the bill received S. Journal, its two first readings in the Senate, and was ordered to a third * 82. reading. On the 26th, the bill was taken up for its third reading, Id, p. 90. when it was committed to Messrs. Read, Morris, and Dalton. On Bill reject- the 28th, Mr. Read, from this committee, made a report adverse Id. p. 91. ...” * to the bill, which was then rejected by the Senate. - 2d Session. On the 3d of May, 1790, a petition from the merchants, &c., 1790. Petition of Alexandria, was presented to the House of Representatives, H. Journal, * praying the repeal of so much of the “Act to regulate the col. Pºº" lection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States,” as obliges ships, or vessels, bound up the river Potomac, to come to, and deposite manifests at Yeocomico; which petition was referred to Messrs. Goodhue, Lawrance, Boudinot, Bill con- Fitzsimons, and Lee. And on the 22d of June, Mr. Goodhue Id. p. 247. . presented a bill imposing duties on the tonnage of ships or ves- duties. sels, which then received its first and second reading, and was committed. The bill was considered in committee, and reported Id, p.249, with an amendment on the 23d; and on the following day it was 250. passed. The bill was read a first time in the Senate, on the 24th; S. Journal, on the next day the second reading was postponed. On the 29th, P. " the bill was read a second time, and committed to Messrs. Read, Id, p. 169, Dalton, and Morris. And on the 12th of July, the bill was re- ported by Mr. Read, without amendment, received its third read- Id, p. 177. ing, and was passed. Saddler's During the second session of the first Congress, it was found H. Journal Petition that further legislation on this subject was still necessary. On p. 137,138. the 9th of January, 1790, a petition was presented to the house from Christopher Saddler, of Nova Scotia, praying to be relieved from the forfeiture of his vessel and cargo, which were seized in the port of Boston, for a violation of the impost law, of which he was wholly ignorant. This petition being referred to the secre- id. p. 143. tary of the treasury, for his examination and opinion, a report Referred to from that officer was received and referred to a committee, con- committee. sisting of Messrs. Ames, Sturges, Stone, Griffin, and Wynkoop, and it was directed that the secretary of the treasury should re- port “such information as he may have obtained respecting any difficulties which may have occurred in the execution of the se- - HISTORY OF CONGRESS. - 331 CHAP. III. National Revenue—Imposts, and Tonnage Duties. - 1790. º veral laws for collecting duties on goods, wares, and merchan- dises, and on tonnage, &c.” Mr. Ames, from the committee on Saddler's petition, made a report on the 26th of January, which Report, was agreed to by the house, as follows:– “That, in the opinion H. Journal, of the committee, provision ought to be made by law, for the re- p. 147. mission or mitigation of fines, forfeitures, and penalties, in cer- tain cases;” and the same committee were appointed to prepare and bring in a bill, pursuant to the above report. In the mean time, petitions complaining of the operation of the collection laws Bill to re-came in from many other quarters. On the same day, Mr. º * Ames presented a bill to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases, which then received its first reading. The bill was read a second time, on Id, p. 148. the next day, and was committed to a committee of the whole house. On the 5th of February, the bill was considered in com- Id. p. 153. Amended, mittee, and reported with an amendment, and the bill and amend- ment were then recommitted to the same committee. Mr. Ames, on the 3d of March, presented, from the committee, an Id. p. 166, amendatory bill, which was read a first time, received its second 167. reading, and was committed on the following day; and, on the 5th, was considered in committee, and reported with an amend- Passed by ment, which being agreed to, the bill was ordered to its third Id, p. 168, House, reading, which it received on the following day of the session. ” In the Senate, the bill received its first reading on the 9th, and Consider was considered on the 11th, when it was committed to Messrs. S. Journal, .." * Morris, Izard, Strong, Henry, and Langdon. On the 15th, Mr. P. 119,120. Morris reported several amendments, and the report was consi- dered on the 17th, when the bill was again committed (the rules being dispensed with) to a special committee, consisting of Messrs. Read, Morris, Strong, Ellsworth, and Bassett. A report was Id, p. 122, made by this committee, on the 19th, which was accepted as an Amended. amendment to the bill, and with this amendment, the bill was Passed, passed. The House of Representatives, on the 24th, disagreed H. Journal, to the amendment of the Senate, and desiring a conference on ** the subject, appointed Messrs. Ames, Huntington, and Jackson, to be managers on the part of the House. The Senate agreed S. Journal, Confer to the conference, and appointed Messrs. Strong, Ellsworth, and P. 123. €nce, Read, to be managers on their part. Mr. Ames, on the 9th of H. Journal, April, made report to the house, that the committee had met P; 19% the managers on the part of the Senate, and had freely discussed the subject matter of the amendments, but had come to no agree- House ad ment thereon. And on the 12th, the house resolved to adhere to ere. their disagreement to the amendment of the Senate. On the 332 HISTORY OF CONGREss. CHAP. III. National Revenue—Imposts, and Tonnage Duties. 1790. tº following day, the Senate also adhered to their amendment, and s. ſom, s... thus the bill was lost. - p. 131. here. A letter from the secretary of the treasury was communicated Report of to the house by the speaker on the 23d, containing a report, in H. Journal, ºy compliance with the direction of the house on the 19th of Ja- * 198. | referred. nuary, respecting difficulties which had occurred in the execu- tion of the laws for collecting duties; and this letter was com- mitted to Messrs. Goodhue, Lawrance, Boudinot, Fitzsimons, New bill and Lee. And, on the 27th, Mr. Boudinot, from this commit- Id. p. 201, to remit - - - - - - - - - - }...es, tee, presented a bill, to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in cer- tain cases therein mentioned, which was read a first time. On the 28th, the bill was read a second time, considered in commit- Passed by tee of the whole, and reported without amendment; and, on the Id. p. 203, * 29th, the bill was read a third time, and sent to the Senate for concurrence. On the 30th, the bill was read a first time in the s. Journal, Senate. The bill was further considered, and read a second and P.” third time on the 3d and 4th of May, and was passed with an Id. p. 137, Amended amendment. The House, on the 5th, concurred with the Se- H. Journal, *Y* nate in their amendment to the bill. p. 209. Bill to sus. Leave was also given, on the 25th of March, on motion of Id. p. 182. *...* Mr. Lee, to bring in a bill, or bills, to suspend part of an act, tion act entitled “An act to regulate the collection of the duties im- posed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States; and Messrs. Lee, Cadwalader, and Seney, were appointed a com- mittee to prepare and bring in the same. And, on the 26th, Mr. Lee presented a bill, which was read a first time. The bill Id. p. 183. received its second reading on the 29th. On the 5th of April, the bill was considered in committee of the whole, and reported -- Passed by with amendments, which were agreed to by the House, and the House bill was passed, in its amended form, on the following day. In the Senate, the bill was read a first time on the 7th of April; and, on the next day, was committed to Messrs. Langdon, Ells- Amended worth, and Dalton. On the 9th, Mr. Langdon made a report *Y* from this committee, which was accepted as an amendment to the bill; and the bill was then read a third time, and passed with two amendments. The House, on the same day, agreed to the H. Journal amendment of the Senate. The first Congress, on the 21st of September, 1789, had adopted two resolutions, as follows:– / Id. p. 188, 189. S, Journal, p. 130. p. 191. Resolu. “Resolved—That this house consider an adequate provision Id, p. 1" £ions of HISTORY OF CONGRESS, 333 - CHAP. III. - National Revenue—Public Credit. 1790. º for the support of the public credit, as a matter of high import- *...* ance to the national honour and prosperity. - *. ‘. “Resolved—That the secretary of the treasury be directed to ing on Se.. prepare a plan for that purpose, and to report the same to this tº. * house at its next meeting.” On the 9th of January, 1790, the se– H. Journal, cretary communicated to the house that he was ready to make P. 136. his report; and the house appointed to receive it on the following Report of Thursday, (the 14th.) On that day, accordingly, the report was Id. p. 141. . received, and the house resolved, on that day fortnight, to con- sider the same in committee of the whole. The report was not Id.p.154– taken up in committee until the 8th of February, from which 174, time, until the 13th of March, it was discussed, with very few intermissions, de die, in diem. On the day last named, the committee reported the following resolutions, which were taken up for consideration on the 29th of March:- º & 4 1. Resolved—That adequate provision ought to be made for Id. p. 184. ported by fulfilling the engagements of the United States in respect to their committee, foreign debt. “2. Resolved—That permanent funds ought to be appropri- ated for the payment of interest on, and the gradual discharge of, the domestic debt of the United States. “3. Resolved—That the arrears of interest, including indents issued in payment thereof, ought to be provided for on the same terms with the principal of the said debt. “4. Resolved—That the debts of the respective states ought, with the consent of the creditors, to be assumed and provided for by the United States; and that effectual provision be, at the same time, made for liquidating and crediting to the states the whole of their respective expenditures during the war, as the same have been, or may be stated for the purpose; and that, in such liquidation, the best evidence shall be received that the na- ture of the case will permit. ** 5. Resolved—That it is advisable to endeavour to effect a new modification of the domestic debt, including that of the par- ticular states, with the voluntary consent of the creditors, by a loan, upon terms mutually beneficial to them and to the United States. “ 6. Resolved—That, for the purpose expressed in the last preceding resolution, subscriptions towards a loan ought to be opened, to the amount of the said domestic debt, including that of the respective states, upon the terms following; to wit: “That for every hundred dollars subscribed, payable in the 334 HISTORY OF CONGRESS. CHAP: III. National Revenue—Public Credit. 1790. 1st Congress. 2d Session. said debt, (as well interest as principal,) the subscriber be enti- tled, at his option, either “To have two-thirds funded at an annuity, or yearly interest at six per cent, redeemable at the pleasure of the government, by payment of the principal; and to receive the other third in lands in the Western territory, at the rate of twenty cents per acre. Or, “To have sixty-six dollars and two-thirds of a dollar funded immediately at an annuity, or yearly interest of six per cent, irredeemable by any payment exceeding per annum, on account both of principal and interest; and to have, at the end of years, funded at the like interest and rate of redemption. Bisposal of resolu- tions, ** 7. Resolved—That immediate provision ought to be made for the present debt of the United States; and that the faith of government ought to be pledged to make provision, at the next session, for so much of the debts of the respective states, as shall have been subscribed upon any of the terms expressed in the last resolution. “8. Resolved—That the funds which shall be appropriated ac- cording to the second of the foregoing resolutions, be applied, in the first place, to the payment of interest on the sums subscribed towards the proposed loan; and that, if any part of the said domes- tic debt shall remain unsubscribed, the surplus of the said funds be applied, by a temporary appropriation, to the payment of inte- rest on the unsubscribed part, so as not to exceed, for the present, four per cent. per annum; but this limitation shall not be un- derstood to impair the right of the non-subscribing creditors to the residue of the interest on their respective debts; and in case the aforesaid surplus should prove insufficient to pay the non-sub- scribing creditors, at the aforesaid rate of four per cent, that the faith of government be pledged to make good such deficiency.” The question being taken on these resolutions, the first, se- cond, and third resolutions were agreed to without a division. The fourth resolution was ordered to be recommitted to the same committee: ayes, 29; noes, 27. And the fifth, sixth, seventh, and eighth resolutions were ordered to lie on the table. On the following day, the four last resolutions were recommitted to the same committee. The house then resolved itself into committee of the whole, Id, p. 18% H. Journal, p. 185. - - 4, for the purpose of further considering the report of the secre- #: #. tary of the treasury, and continued the deliberation and discus- 198, 200. HISTORY OF CONGRESS. 335 -- Chap. III. National Revenue-Public Credit. 1790. º sion on this subject on the 31st of March, and on the 1st, 12th, - 15th, 16th, 20th, 21st, 22d, and 26th of April. On the 15th, opposition was made to the course; and the ayes and noes being required, on the motion to go into committee, it was determined in the affirmative, by the following vote:- Ayes–Messrs. Ashe, Baldwin, Brown, Carroll, Clymer, Coles, Contee, Fitzsimons, Floyd, Gale, Griffin, Hartley, Hathorn, Heister, Jackson, Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Van Rensselaer, Scott, Seney, Sin- nickson, Smith, of Maryland, Sumpter, Tucker, White, Wil- liamson, Wynkoop.–33. Noes—Messrs. Ames, Benson, Bland, Bloodworth, Boudinot, Burke, Foster, Gerry, Gilman, Goodhue, Grout, Huntington, - Leonard, Livermore, Partridge, Sherman, Silvester, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Vining, Wads- worth. —23. - On the 26th, it was moved that the house agree to the follow- - ing order:- “That the committee of the whole house, on the report of the secretary of the treasury, relative to a provision for the sup- port of the public credit, be, for the present, discharged from proceeding on so much of the said report as relates to an as- sumption of the state debts.” Committee The previous question being demanded, and it being deter- H. Journal, º mined that the main question should be put, by a vote of 32 to P. " relates to 18, the question on the adoption of the order was determined in ** the affirmative, by the following vote:- Ayes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Carroll, Gil- man, Griffin, Jackson, Lee, Madison, jr., Mathews, Moore, Muh- lenberg, Page, Parker, Van Rensselaer, Clymer, Coles, Contee, Fitzsimons, Floyd, Schureman, Scott, Seney, Sinnickson, Smith, of Maryland, Steele, Stone, Sumpter, White, Williamson, Wyn- koop.–32. Noes—Messrs. Ames, Bland, Boudinot, Burke, Foster, Gerry, Goodhue, Grout, Huntington, Livermore, Sherman, Silvester, Smith, of South Carolina, Sturges, Thatcher, Tucker, Vining, Wadsworth. —18. -- - The committee of the whole, on the same day, reported the - following resolutions, which were agreed to by the house:— “Resolved—That it is advisable to endeavour to effect a new modification of the domestic debt, with the voluntary consent of 336 HISTORY OF CONGRESS. CHAP. IIſ. National Revenue—Public Credit. 1790. 1st gongress, the creditors, by a loan, upon terms mutually beneficial to them 2d Session. — and to the United States. “Resolved—That, for the purpose expressed in the last pre- ceding resolution, subscriptions towards a loan ought to be opened, to the amount of the said domestic debt, upon the terms following: to wit:— “That, for every hundred dollars subscribed, payable in the said debt, (as well interest as principal,) the subscriber be enti- tled, at his option, either “To have two-thirds funded at an annuity, or yearly interest, of six per cent, redeemable at the pleasure of the government, by payment of the principal; and to receive the other third in lands in the Western territory, at the rate of twenty cents per acre; or, . Resolu- “To have the whole sum funded at an annuity, or yearly inte- tions re- - -" i.a. rest, of four per cent, irredeemable by any payment exceeding six dollars per annum, on account both of principal and interest; and to receive, as a compensation for the reduction of interest, fifteen dollars and eighty cents, payable in lands as in the pre- ceding case; or, “To have sixty-six dollars and two-thirds of a dollar funded im- mediately, at an annuity, or yearly interest, of six per cent, irre- deemable by any payment exceeding six dollars per annum, on account both of principal and interest; and to have, at the end of seven years, thirty-three dollars and one-third of a dollar funded at the like interest, and rate of redemption. - “Resolved—That immediate provision ought to be made for the present debt of the United States. - “Resolved—That the funds which shall be appropriated ac- cording to the second of the foregoing resolutions, be applied, in the first place, to the payment of interest on the sums subscribed towards the proposed loan; and that, if any part of the said do- mestic debt shall remain unsubscribed, the surplus of the said funds be applied, by a temporary appropriation, to the payment of interest on the unsubscribed part, so as not to exceed, for the present, four per cent. per annum; but this limitation shall not be understood to impair the right of the non-subscribing creditors to the residue of the interest on their respective debts; and, in case H. Journal, the aforesaid surplus should prove insufficient to pay the non- p. 2 subscribing creditors, at the aforesaid rate of four per cent, that the faith of government be pledged to make good such defi- ciency.” Committee It was then ordered that Messrs. Stone, White, Sherman, Cly- * HISTORY OF CONGRESS. 337 Chap. III. National Revenue—Public Credit—Duties on Wines, &c. 1790. ºn mer, and Gilman, be a committee to prepare and bring in a bill ssion. - - or bills, pursuant to these resolutions. Other re- On the following day, (the 27th,) the committee again had the solutions . - ... report of the secretary of the treasury under consideration, and reported the following resolutions, which were also agreed to by the house:— “Resolved—That from and after the day of next, in lieu of the duties now payable upon wines and distilled spirits, imported into the United States, there shall be paid the following rates:— puties on “Upon every gallon of Madeira wine, called London particu- H. Journal, * And lar, 35 cents. p.201,202. spirits, &c, “” - - “Upon every gallon of other Madeira wine, thirty cents. “Upon every gallon of Sherry wine, twenty-five cents. “Upon every gallon of other wine, twenty cents. “Upon every gallon of distilled spirits, more than ten per cent. below proof, according to Dicas's hydrometer, twenty cents. “Upon every gallon of those spirits, under five, and not more than ten per cent, below proof, according to the same hydrome- ter, twenty-one cents. “Upon every gallon of those spirits, of proof, and not more than five per cent, below proof, according to the same hydrome- ter, twenty-two cents. “Upon every gallon of those spirits, above proof, and not ex- ceeding twenty per cent, according to the same hydrometer, twenty-five cents. - “Upon every gallon of those spirits, more than twenty, and not more than forty per cent, above proof, according to the same hydrometer, thirty cents. “Upon every gallon of those spirits, more than forty per cent. above proof, according to the same hydrometer, forty cents.” “Resolved—That from and after the day of , in lieu of the duties now payable upon teas and coffee, imported into the United States, there shall be paid— “Upon every pound of Hyson tea, forty cents. “Upon every pound of other green tea, twenty-four cents." “Upon every pound of Souchong, or other black tea, other than Bohea, twenty cents. “Upon every pound of Bohea tea, twelve cents. “Upon every pound of coffee, five cents. “ Resolved—That from and after the Wol. I.-43 - day of , there 338 HISTORY OF CONGRESS. CHAP. III. National Revenue—Duties on Spirits. 1790. º be paid upon spirits distilled within the United States, from mo- SSlon. - Duties on lasses, sugar, or other foreign manufacture— l - - spirits. “Upon every gallon of those spirits, more than ten per cent, be- low proof, according to Dicas's hydrometer, eleven cents. “Upon every gallon of those spirits, under five, and not more than ten per cent. below proof, according to the same hydrome- ter, twelve cents. “Upon every gallon of those spirits, of proof, and not more than five per cent. below proof, according to the same hydrome- ter, thirteen cents. “Upon every gallon of those spirits, above proof, but not ex- ceeding twenty per cent, according to the same hydrometer, fif- teen cents. * “Resolved—That from and after the “Upon every gallon of those spirits, more than twenty, and not more than forty per cent. above proof, according to the same hydrometer, twenty cents. “Upon every gallon of those spirits, more than forty per cent. above proof, according to the same hydrometer, thirty cents. day of , there be paid upon spirits distilled within the United States, in any city, town, or village, from materials the growth or production of the United States— “Upon every gallon more than ten per cent, below proof, ac- cording to Dicas's hydrometer, nine cents. “Upon every gallon of those spirits, under five, and not more than ten per cent, below proof, according to the same hydrome- ter, ten cents. “Upon every gallon of those spirits, of proof, and not more than five per cent, below proof, according to the same hydrome- ter, eleven cents. “Upon every gallon of those spirits, above proof, but not ex- ceeding twenty per cent, according to the same hydrometer, thir- teen cents. “Upon every gallon of those spirits, more than twenty, and not more than forty per cent, above proof, according to the same hydrometer, seventeen cents. “Upon every gallon of those Spirits, more than forty per cent. above proof, according to the same hydrometer, twenty-five cents. “And upon all stills employed in distilling spirits from mate- rials of the growth or production of the United States, in any other place than a city, town, or village, there be paid the yearly sum of sixty cents for every gallon, English wine measure, HISTORY OF CONGRESS. 339 Chap. III. National Revenue—Duties on Spirits. * 1790. lºss of the capacity of each still, including its head; or cents 2d Session. -- - -- - T per gallon, for all spirits distilled from grain; or cents per gallon for all spirits distilled from fruit.” Committee It was then ordered that Messrs. Fitzsimons, Huntington, H. Journal, ** Jackson, Contee, and Bloodworth, prepare and bring in a bill, or P. 209. bills, pursuant to these resolutions. And on the 5th of May, Bill pre- Mr. Fitzsimons, from this committee, presented a bill for repeal- sented. Consider- edin com- mittee. ing, after the last day of —— next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, as well to discourage the excessive use of these spirits, and promote agriculture, as to provide for the support of the public credit, and for the common defence and general welfare;” which was read a first time, and afterwards received its second reading, and was committed to a committee of the whole house. The bill was taken up for consideration in committee on the 8th Id. p. 235, and 9th of June, when it was much discussed. On the 10th of 236. June, another question being before, an early motion to go into committee of the whole on this bill, was negatived by the fol- lowing vote:– Jāyes–Messrs. Ames, Benson, Boudinot, Burke, Floyd, Fos- Id. p. 238, ter, Gerry, Goodhue, Hathorn, Huger, Huntington, Jackson, 239, Lawrance, Leonard, Livermore, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wadsworth–26. Noes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Cadwa- lader, Carroll, Clymer, Coles, Contee, Fitzsimons, Gale, Gilman, Griffin, Grout, Hartley, Heister, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, Steele, Stone, Vining, White, Williamson, Wynkoop.–31. The obstructing business having been disposed of the house Id. p. 240, went into committee on the bill, and made further progress; and * on the following day, a report was made to the house, that the bill had been considered, and several amendments had been made. A motion was then made to take the said amendments into con- sideration, which was opposed; but on the question being put, was decided in the affirmative, as follows:– - Jºyes–Messrs. Ashe, Baldwin, Brown, Cadwalader, Clymer, Id. p. 242. Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Griffin, Hart- ley, Heister, Jackson, Livermore, Madison, jr., Mathews, Moore, Schureman, Seney, Sherman, Sinnickson, Smith, of Maryland, Stone, Sumpter, Vining, White, Williamson, Wynkoop.–30. 340 HISTORY OF CONGRESS. CHAP. III. National Revenue—Duties on Wines and Spirits. 1790. Noes–Messrs. Ames, Bloodworth, Boudinot, Burke, Coles, Gerry, Goodhue, Grout, Huger, Lawrance, Leonard, Page, Par- Ker, Partridge, Van Rensselaer, Sedgwick, Silvester, Smith, of South Carolina, Steele, Sturges, Thatcher, Trumbull, Tucker, Wadsworth.-24. The amendments were then agreed to, and the bill and amend- ments were ordered to lie on the table. On the 18th, a motion was made to strike out the twelfth and thirteenth sections of the bill, and also such other parts as impose an excise duty on all spirits distilled within the United States, which was determined in the negative by the following vote;— ºffyes–Messrs. Burke, Coles, Gerry, Goodhue, Griffin, Grout, Heister, Huger, Moore, Muhlenberg, Page, Parker, Sedgwick, Smith, of South Carolina, Steele, Sumpter, Thatcher, Tucker, White.—19. - Noes—Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, Boudinot, Brown, Cadwalader, Carroll, Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Hartley, Hathorn, Huntington, Jackson, Lawrance, Leonard, Livermore, Mathews, Van Rensse- laer, Scott, Seney, Sevier, Sherman, Silvester, Sinnickson, Stone, Trumbull, Wadsworth, Williamson, Wynkoop.–35. The bill was then further amended, and on the following day, the question, that the bill, with the amendments, be engrossed and read a third time, was decided in the negative as follows:— .Ayes–Messrs. Brown, Cadwalader, Carroll, Contee, Fitzsi- mons, Floyd, Foster, Gale, Gilman, Griffin, Hartley, Heister, Lee, Livermore, Madison, jr., Muhlenberg, Seney, Sherman, Sinnickson, Smith, of Maryland, Vining, White, Williamson. —23. Noes—Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, Burke, Coles, Gerry, Goodhue, Grout, Hathorn, Huger, Hunt- ington, Jackson, Lawrance, Leonard, Mathews, Moore, Page, Parker, Partridge, Van Rensselaer, Scott, Sedgwick, Sevier, Silvester, Smith, of South Carolina, Steele, Stone, Sturges, Sump- ter, Thatcher, Trumbull, Tucker, Wadsworth.-35. The bill was therefore rejected. - It appears that, pending the above bill, on the 11th of May, Mr. Fitzsimons, from the same committee, presented “a bill re- pealing, after the last day of — next, the duties heretofore laid upon wines imported from foreign ports or places, and laying others in their stead;” and this bill was read a first and second time, on the 11th and 12th of May, and was then committed. But it does not appear that this bill was ever afterwards acted on. 1st Congress. 2d Session. Amended. Rejected. Bill to re- peal duties on wines reported. Not acted On, H. Journal, p. 244. Id. p. 245, Id. p. 246. Id. p. 214, HISTORY OF CONGRESS. 341 Chap, III. - National Revenue—Duties on Spirits, &c. 1790. lºgº. On the 8th of July, Mr. Goodhue presented a bill to regulate H. Journal, - the collection of the duties imposed by law on goods, wares, and P. 258. "". merchandises, imported into the United States, and on the ton- collection nage of ships or vessels; which was read a first and second time, ** and committed to a committee of the whole house. In commit. tee, the bill was considered on the 12th, and several amendments Id. p. 268. Passed in were reported, which were agreed to on the following day, and *. the bill was ordered to be engrossed. The blanks having been Id, p.269. filled up, on the 17th the bill was passed. This bill having been Id. p. 272. communicated to the Senate, it was there determined, on the s. Journal, 20th, to dispense with the rules so far as that it be referred to P. * Messrs. Morris, Langdon, Dalton, Foster, and Henry, prior to the Id, p. 187. first reading, to consider and report thereon. Mr. Morris report- ed the bill on the 22d, when the ordinary rules were again dis- Id, p.188. pensed with, and the bill was regarded as in the second reading. On the 23d, the bill was recommitted, for the purpose of making Id. p. 189, other amendments; and, on the 25th, 26th, and 27th, it was fur- 190. ther considered, and finally passed. All the amendments of the H. Journal, Senate were, on the 28th, agreed to by the House. p. 283. On the 9th of August, the House of Representatives directed Id. p. 295. the secretary of the treasury “to prepare and report, on the se- cond Monday of December next, such further provision as may, in his opinion, be necessary for establishing the public credit; 3 senion, and, accordingly, on the 13th of December, immediately after the commencement of the third session, the secretary transmitted Further re- a report, which was committed to a committee of the whole house. Id. p. 386, *..." The house went into committee on this report, on the 27th of De- ofteasury, cember; and after consideration and discussion, reported the fol- lowing resolutions, which were agreed to:— Resolu. “Resolved—That an additional duty of eight cents per gallon Id, p. 343. º be imposed on all distilled spirits of common proof, and in the ties on like proportion for all other distilled spirits, which, after the spirits, day of next, shall be imported into the United States. “Resolved—That from and after the day of next, a duty, of eleven cents per gallon, be imposed on all spirits of the first class of proof, distilled within the United States, from molasses, sugar, or other foreign materials; and also, a duty, in like proportion, on like spirits of all other classes of proof. “ Resolved—That from and after the day of next, a duty, of nine cents per gallon, be imposed on all spirits of the first class, of proof, distilled within any city, town, or vil- lage, from materials of the growth or production of the United 342 HISTORY OF CONGRESS. - CHAP. III. National Revenue—Duties on Wines, Spirits, &c. 1st gongress. States; and also, a duty, in like proportion, on like spirits of all 3d Session. Committee to prepare ill. Bill report- ed. Amend- #ments. Further amend- ments moved. other classes, of proof. - “Resolved—That upon each still employed in distilling spirits from materials of the growth or production of the United States, in any other place than a city, town, or village, there be im- posed a yearly tax, or duty, of sixty cents for every gallon, English wine measure, of the capacity of such still, including its head, in lieu of all other rates.” Messrs. Sedgwick, Trumbull, Lawrance, Wynkoop, and Smith, of Maryland, were then constituted a committee to prepare and bring in a bill, or bills, pursuant to the above resolutions; and the committee of the whole were then discharged from any further proceeding on the secretary's report. The same committee were instructed to prepare and bring in a bill, or bills, to alter the mode of collecting the duties on wines and teas, and to grant a longer time for the payment of such du- ties thereon. On the 30th of December, Mr. Sedgwick, from this committee, presented a bill “repealing, after the last day of next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also, upon spirits distilled within the United States, as well to discourage the excessive use of those spirits, and promote agriculture, as to provide for the sup- port of the public credit, and for the common defence and gene- ral welfare.” This bill was then read a first and second time, and committed to a committee of the whole house. On the 5th, 6th, 11th, 12th, and 13th of January, 1791, this bill was discussed in committee; and, on the 13th, the committee reported several H. Journal, amendments; and, on the 17th, the amendments were considered and agreed to by the house. It was then moved to amend the bill by striking out the thir- teenth section, which was in the words following:— “And be it further enacted—That, upon all spirits which, after the said last day of next, shall be distilled within the United States, from any article of the growth or production of the United States, in any city, town, or village, there shall be paid, for their use, the duties following; that is to say— “For every gallon of those spirits more than ten per cent below proof, according to Dicas's hydrometer, nine cents. “For every gallon of those spirits under five, and not more than ten per cent, below proof, according to the same hydrome- ter, ten cents, - 1790. H. Journal, p. 346, 1791. .349,350. §. '353, 355, 356, HISTORY OF CONGRESS. 343 Chap. III. National Revenue—Duties on Spirits. 1791. lºgº." “ For every gallon of those spirits, of proof, and not more than . five per cent below proof, according to the same hydrometer, ele- ven cents. “For every gallon of those spirits above proof, but not exceed- ing twenty per cent, according to the same hydrometer, thirteen cents. “For every gallon of those spirits, more than twenty, and not more than forty per cent. above proof, according to the same hy- drometer, seventeen cents. “For every gallon of those spirits, more than forty per cent. above proof, according to the same hydrometer, twenty-five cents.” Motion to The question being taken on this proposition, it was decided in * the negative, by the following vote:– Ayes—Messrs. Baldwin, Bloodworth, Brown, Burke, Heister, Jackson, Mathews, Moore, Muhlenberg, Parker, Scott, Sevier, Steele, Stone, Tucker, Williamson.—16. - JVoes—Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, Clymer, Fitzsimons, Floyd, Foster, Gilman, Goodhue, Griffin, Grout, Giles, Lawrance, Lee, Leonard, Livermore, Madison, jr., Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sher- man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wining, Wadsworth, White, Wynkoop.–35. - On the 18th, 19th, and 20th, the bill was further considered H. Journal, and discussed. And on the 21st, it was moved to amend the bill §9. 357– by inserting the following clause:– Motion to “And be it further enacted—That if any inspector, or other *nd officer or person concerned in the collection of the revenue to be raised by this act, shall, by word, message, or writing, or in any other manner whatsoever, persuade or endeavour to persuade any elector to give, or endeavour to dissuade any elector from giving his vote for the choice of any person, to be a member of the House of Representatives, member of the Senate, or Presi- dent of the United States, such inspector, or other person, so of fending, shall be for ever disabled from holding an office under this act, and shall be subject to a penalty of — dollars.” Negatived. The question being taken on this proposition to amend, it was id. p. 360, decided in the negative, by the following vote:- Ayes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Floyd, Gerry, Grout, Hathorn, Heister, Jackson, Livermore, Mathews, Moore, Parker, Wan Rensselaer, Seney, Silvester, Stone, Tucker, White.-21. 344 HISTORY OF CONGRESS. CHAP. III. 1st Congress. 3d Session. Motion to amend. - Ordered to be en- grossed. - National Revenue—Duties on Spirits. JVoes—Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Goodhue, Griffin, Giles, Hartley, Huntington, Lawrance, Lee, Leonard, Madison, jr., Muhlenberg, Schureman, Scott, Sedgwick, Sevier, Sherman, Sinnickson, Smith, of Maryland, Smith, of South Ca- rolina, Steele, Sturges, Thatcher, Trumbull, Vining, Wadsworth, Williamson, Wynkoop.–37. The bill was then further amended, and the consideration of H.Journal, it was resumed on the 22d and 24th, on the latter of which days P. 361. the following amendment being under consideration; to add to the bill the following clause:– “And be it further enacled—That the several duties imposed by Id, p. 362. this act, shall continue to be collected and paid, until the debts and purposes, for which they are pledged and appropriated, shall be fully discharged and satisfied, and no longer.” A motion was made to amend the same, by striking out from the word “paid” to the end, and inserting, in lieu thereof, the following words:– “ Until the day of in the year , and until the end of the next session of Congress, and no longer, the faith of the United States being hereby pledged, that timely and ade- quate provision shall be made for the full accomplishment of all the purposes for which the moneys arising under the operation of this act, are pledged and appropriated.” The question being taken on this motion to amend the original proposition, it was determined in the negative, as follows:– Ayes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Giles, Hartley, Heister, Jackson, Mathews, Moore, Muhlenberg, Par- ker, Scott, Seney, Sevier, Steele, Tucker, Williamson.—19. Noes—Messrs. Ames, Benson, Boudinot, Bourne, Cadwala- - der, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hathorn, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, jr., Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, That cher, Trumbull, Vining, Wadsworth, White, Wynkoop.–39. The clause, as it was originally proposed, was then agreed to. On the 25th, the discussion of the bill being closed, and no id. p. 362, further amendments being proposed, the question, on its engross- 368. ment for a third reading, was put, and decided in the affirmative, by the following vote:— wāyes–Messrs. Ames, Benson, Boudinot, Bourne, Cadwala- HISTORY OF CONGRESS. 345 Chap. III. National Revenue—Duties on Spirits. 1791. 1stgongress, der, Carroll, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, 3d Session. - - - Gilman, Goodhue, Grout, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, jr., Partridge, Schureman, Scott, Sedg- wick, Sherman, Silvester, Sinnickson, Sturges, Thatcher, Trum- bull, Vining, Wadsworth, White, Wynkoop.–35. Noes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, H. Journal, Griffin, Giles, Hartley, Hathorn, Heister, Jackson, Mathews, p.364,365. Muhlenberg, Parker, Van Rensselaer, Seney, Sevier, Steele, Stone, Tucker.—20. Billpassed. On the 27th, the bill was read a third time and passed; the vote, on its final passage, being as follows:— Jºyes–Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, Carroll, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Goodhue, Griffin, Grout, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, jr., Partridge, Schureman, Sedgwick, . Sherman, Silvester, Sinnickson, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Vining, Wadsworth, White, Wyn- koop.–35. Noes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Giles, Hartley, Hathorn, Heister, Jackson, Mathews, Moore, Muhlenberg, Parker, Van Rensselaer, Seney, Smith, of Mary- land, Steele, Stone, Tucker, Williamson.—21. Billinse. The bill having been sent to the Senate, received its first read- s. Journal, nate, ing there, on the 28th of January; and, on the 2d of February, it p. 237- - - 240. was committed, after some debate, to Messrs. Morris, Ellsworth, Langdon, Schuyler, and Strong. Mr. Morris, from this com- mittee, reported the bill on the 7th, in an amended form; and the amendment of the committee to the fourth section was agreed to on the next day, making the section read as follows:– Amended. “Sect. IV. And be it further enacted—That the President of the United States be authorized to appoint, with the advice and consent of the Senate, such number of officers as shall appear to him necessary to inspect the revenue arising under this law; and the President of the United States may, in each state, designate the districts and surveys in which they shall act, assigning to each district a general inspector thereof, and as many other inspectors to each survey therein, as he shall think advisable, placing the Iatter under the superintendence of the former. Provided, al- ways—That it shall and may be lawful for the President, with the advice and consent of the Senate, in his discretion, to ap- point such and so many of the officers of the customs to be in- spectors under this act, as he shall deem advisable to employ in Vol. I.-44 346 HISTORY OF CONGRESS. CHAP. III. National Revenue—Duties on Spirits. 1791. gº. the execution thereof: And provided, also—That, if the ap- - pointment of the officers aforesaid, or any part of them, shall not be made during the present session of Congress, the Presi- dent shall have power, and he is hereby empowered, to make such appointments during the recess of the Senate, by granting commissions which shall expire at the end of their next ses- sion.” A motion was then made to expunge the following clause of the amendment which had been agreed to; namely: “..And pro- vided, also-That if the appointment of the officers aforesaid,” &c., to the end of the section. The question being taken on this motion, it was decided in the negative, by the following Vote:— Yeas—Messrs. Bassett, Butler, Gunn, Izard, Langdon, Ma- clay, Monroe, Stanton, Wingate.—9. Nays—Messrs. Carroll, Dalton, Dickinson, Elmer, Few, Fos ter, Henry, Johnson, Johnston, King, Morris, Read, Schuyler, Strong.—14. - An unsuccessful motion to recommit this amendment was then S. Journal, ) made; and on the following day, the residue of the report of the p.240,241. committee was agreed to: and the bill, as amended, was ordered to a third reading. On the 10th, the bill was read a third time, Idp.247– when a motion was made to expunge the 65th section, which * reads thus:– “And be it further enacted—That the several duties imposed by this act shall continue to be collected and paid until the debts and purposes for which they are pledged and appropriated shall be fully discharged and satisfied, and no longer.” The question being put, the motion was decided in the nega- tive. Motions to It was then moved to amend the thirteenth section in the fol- amend lowing clause:—“For every gallon of those spirits, more than ten - per cent, below proof, according to Dicas's hydrometer, eleven cents,” by striking out “eleven,” and inserting “eight;” and also in the corresponding clause of the fourteenth section, which imposed “mine cents” duty on spirits of equal proof, distilled from domes- tic materials, by striking out “nine,” and inserting “six;” and that the duties proposed to be raised by this bill from spirits dis- tilled in the United States, be conformed to this ratio in the dif- ferent grades mentioned in the bill, keeping the same rate of difference in each.” This proposition was also determined in the negative; as was HISTORY OF CONGRESS. 347 Chap. III. National Revenue—Duties on Spirits. 1791. §§º also a motion made separately to strike out “eleven,” in the clause already quoted, and insert “nine.” It was then moved to amend the clause, in the first section, which imposed a duty of twenty cents on every gallon of distilled spirits imported, “more than ten per cent, below proof, by inserting the word “one,” af. ter “twenty;” and to make a proportionable addition upon all the different grades of imported spirits, mentioned in the bill, and in like proportion to reduce the duty on distilled spirits, ma- nufactured within the United States;” and this motion was also rejected. It was ordered, that the fourth section of the bill be recommit- S. Journal, ted for further amendment. On the 11th, Mr. Morris, from the * 262. committee instructed to consider this section, reported an amend- ment, and the report was adopted; and the report and bill were then recommitted, and the committee were instructed to conform the bill to the amendments which had been agreed on. Billpassed. The bill was again reported on the following day, when it was moved, “that the rates of duties on imported spirits be so in- creased, as that the sums payable on imported spirits shall be one-third higher than the duties payable on spirits of similar proof, distilled within the United States from foreign materials;” but this motion proved unsuccessful. The question was then put, on the passage of the bill, as amended, and was decided in the affirmative, as follows:— Yeas—Messrs. Bassett, Butler, Carroll, Dickinson, Ellsworth, Elmer, Few, Hawkins, Henry, Johnson, Johnston, Izard, King, Langdon, Monroe, Morris, Read, Schuyler, Stanton, Wingate. —20. Nays—Messrs. Dalton, Foster, Gunn, Maclay, Strong—5. The bill was then passed with the following amendments:— Amend. “Sect. 3, line 3. After ‘fifty,’ insert “and shall not amount to Id, p. 263, º: more than five hundred.’ “ Lines 5, 6. Expunge of one moiety thereof in three months, and the other moiety thereof in six months, and substitute “ thereof in four months; and if the amount of the said duties shall exceed five hundred dollars, the same may be immediately paid, or secured by bond, with condition for the payment there- of in six months.” - “Line 6. After ‘bond,’ insert “in either case.” * Line 15. Expunge from the word ‘made,’ to the word ‘shall,' in the 17th line, and substitute, ‘and if, at the expiration of the time mentioned in the bond for the payment of the duties there- 348 HISTORY OF CONGRESS. CHAP. III. National Revenue—Duties on Spirits. gº." by intended to be secured, the same shall not be paid, then the said deposited spirits.” mº", “Line 23. Expunge from the word ‘Representatives, to the Senate, end of the section. “Sect. 4. Expunge the whole section, and substitute— “‘ In order to a due collection of the duties imposed by this act, Be it further enacted—That the United States shall be divided into thirteen districts, each consisting of one state, but subject to alterations by the President of the United States, from time to time, by adding to the smaller such portion of the greater, as shall, in his judgment, best tend to secure and facilitate the col- lection of the revenue; which districts it shall be lawful for the President of the United States to subdivide into surveys of in- spection, and the same to alter at his discretion. “That the President be authorized to appoint, with the advice and consent of the Senate, a supervisor to each district, and as many inspectors to each survey therein as he shall judge neces- sary, placing the latter under the direction of the former: Pro- vided, always—That it shall and may be lawful for the President, with the advice and consent of the Senate, in his discretion, to appoint such, and so many, officers of the customs to be inspec- tors, in any survey of inspection, as he shall deem advisable to employ, in the execution of this act: Provided, also-That where, in the judgment of the President, a supervisor can discharge the duties of that office, and also that of inspector, he may direct the same: And provided further—That if the appointment of the inspectors of surveys, or any part of them, shall not be made during the present session of Congress, the President may, and he is hereby empowered to make such appointments, during the recess of the Senate, by granting commissions, which shall expire at the end of the next session. - - “‘Sect. — And be it further enacted—That the supervisors, in- spectors, and officers, to be appointed by virtue of this act, and who shall be charged to take bonds for securing the payment of the duties upon spirits distilled within the United States, and with the receipts of moneys in discharge of such duties, shall keep fair and true accounts and records of their transactions, in their re- spective offices, in such manner and form as may be directed by the proper department, or officer, having the superintendence of the collection of the revenue; and shall, at all times, submit their books, papers, and accounts, to the inspection of such persons as are, or may be, appointed for that purpose; and shall, at all times, pay to the order of the officer who is, or shall be, authorized to 1791. S. Journal, p. 264, HISTORY OF CONGRESS. 349 CHAP. III. National Revenue—Duties on Spirits. 1791. lºgº direct the payment thereof, the whole of the moneys which they T may respectively receive by virtue of this act, and shall also, *: once in every three months, or oftener if they shall be required, Senate, transmit their accounts for settlement to the officer, or officers, whose duty it is, or shall be, to make such settlement. “‘Sect.—. And be it further enacted—That all officers and per- sons to be appointed pursuant to this act, before they enter on the duties of their respective offices, shall take an oath, or affir- mation, diligently and faithfully to execute the duties of their said offices, respectively, and to use their best endeavours to pre- vent and detect frauds, in relation to the duties on spirits, imposed by this act; which oath or affirmation may be taken before any magistrate authorized to administer oaths within the district or survey to which he belongs; and being certified under the hand and seal of the magistrate, by whom the same shall have been ad- ministered, shall, within three months thereafter, be transmitted to the comptroller of the treasury: in default of taking which oath or affirmation, the party failing shall forfeit and pay two hundred dollars to the use of the United States, to be recovered with costs of suit.” “Sect. 5, line 1. Expunge “inspector or inspectors,’ substitute ‘supervisor.” - “Sect. 6, lines 5, 6. After the word ‘to,' insert “are of,” adds, to “inspector.” “Line 6. Expunge ‘or other chief officer of inspection.” “Sect. 7, line 7. Expunge “inspector of the revenue or other.’ “Sect. 8, line 7. Expunge ‘proper.” - - “Line 7. After “inspection,’ insert “to whom report was made.” “Line 9. After certified,’ insert or reported.’ - - - “Lines 11, 12. Expunge “without fee or charge.’ - - “Sect. 10, lines 3, 4, and 12. After ‘casks,’ insert “vessels.” - “Line 12. After each,” expunge to the end of the section, and - substitute and if such officer is not the chief inspector within the survey, he shall, as soon as may be thereafter, make an exact transcript of each entry, and deliver the same to such chief in- spector, who shall keep a like book for recording the said trans- cripts.” - “ Sect. 11, lines 1, 2. Expunge “inspector of the revenue, or other.” “ Lines 8, 9. Expunge “inspector or other chief,' also, ex- punge of inspection.” « Line 12. Expunge of inspection.” - - “ — 14. After particularly,” insert, “as.” 350 HISTORY OF CONGRESS. / CHAP. III. National Revenue—Duties on Spirits. 1791. lºgº. “Sect. 12. Expunge the whole section. – “ — 16, line 8. Before officer,’ insert chief.” mº"; “ — 17, − 1. Expunge from the word “the,” to the word Senate, “who, in the 3d line, and substitute “supervisor of each district shall appoint proper officers to have the charge and survey of the - distilleries within the same, assigning to each one or more distil- leries, as he may think proper.” “Sect. 18, line 2. Expunge of inspection,” and after ‘whose,” insert charge and.” “ Line 19. After tackling,” insert and the vessel or boat, with its tackle and apparel.” “Sect. 19. At the end of the section, add, ‘except by con- - sent and in presence of the officer having the charge and survey thereof, on pain of forfeiture of such spirits, or the value there- of, at the highest price in the market, to be recovered, with costs of suit, from the acting owner or manager of such dis- tillery.” - “ Sect. 22, line 2. Expunge inspector of the revenue, who, S. Journal substitute “supervisor.” p. 265, * Line 3. After district,” insert, who.” - º & & 10. Expunge “inspector, or inspectors:’ substitute - * supervisors.” “Sect. 23, line 3. Expunge or on a paper.” “ Line 6. Expunge or paper.” . . & 4 6. Expunge ‘proper.” 15. Expunge or paper.” “Sect. 24, line 2. Expunge from the preamble, after the word ‘imposed,” and also the whole section; and, after the word - * imposed,’ add or spirits distilled within the United States.” “Sect. 25, line 5. Expunge ‘and.” º “ Line 2. Expunge within any city, town, or village,’ and substitute ‘from molasses, sugar, or other foreign materials, or from materials the growth or production of the United States.” - “Line 14. Expunge within any city, town, or village.” & & 22. Expunge “inspector,’ substitute “supervisor.” “ — 25. Expunge ‘dealers in, or.” & 4 34. After the word, aforesaid,” expunge to the end of the section. “Sect. 26, line 1. Expunge “inspector or inspectors,’ substi- tute “supervisor.” * Lines 5, 6. Expunge “ or their.” “Line 9. Expunge ‘dealer, or.” 44 11. After ‘stock,” expunge the remainder of the sec- 4% - HISTORY OF CONGRESS. 351 Chap. III. 1st Congress. 3d Session. Amend- ments of Senate. National Revenue—Duties on Spirits. - tion, and substitute and the inspector of each survey shall keep a book, wherein he shall enter the name of every distiller, and the particulars of such old stock in the possession of each, desig- nating the several casks, cases, and vessels containing the same, and their respective quantities, kinds, proofs, and marks; and shall also give a certificate to every such distiller, of the quantity and particulars of such old stock in his or her possession, and a sepa- rate certificate for each cask, case, or vessel, describing the same; which certificate shall accompany the same wheresoever it shall be sent. And such distiller, his or her agent or manager, upon the sale and delivery of any of the said spirits, shall deliver to the purchaser or purchasers thereof the certificate or certificates that ought to accompany the same, on pain of forfeiting fifty dollars for each cask, case, or vessel, with which such certificate shall not be delivered.” - “Sect. 27, line 4. Expunge within whose district,” substi- tute at the port where.” “ Line 5. Expunge from the word “herein,” to the word ‘ and,” in the 10th line, and substitute before directed; touch- ing such spirits as shall be in the possession of distillers on the first day of July next, and shall grant the like certificates there- for as for such spirits: which certificates shall accompany the re- spective casks, cases, and vessels, to which they shall relate, wheresoever they shall be sent; and such importer, his or her agent, upon the sale and delivery of any of the said spirits, shall deliver, to the purchaser or purchasers thereof, the certifi- cate or certificates which ought to accompany the same, on pain of forfeiting fifty dollars for each cask, case, or vessel, with which such certificate shall not be delivered.” “Sect. 28. Expunge the whole section. “Sect. 29, line 1. Expunge from the word ‘any’ to the word “it,” in the 3d line, and substitute “cask, case, or vessel, contain- ing distilled spirits, which, by the foregoing provisions of this act, ought to be marked and accompanied with a certificate, shall be found in the possession of any person, unaccompanied with such marks and certificate.” “Sect. 30, line 2. Expunge district,' substitute “survey.” “Line 4. Expunge ‘by the said wholesale dealers.” “Sect. 31. Expunge the whole section. “Sect. 33, line 2. Expunge ‘dealer, or.” “Line 6. Expunge ‘dealer,’ substitute “distiller.” At the end of the section, add, ‘Provided, that nothing in this section con- tained shall be construed to extend to casks or vessels capable of 1791. -- 352 HISTORY OF CONGRESS. ! CHAP. III. National Revenue—Duties on Spirits. 1794. º lºgº containing two hundred gallons and upwards, and which are not intended to be removed.” mº"; “Sect. 34, lines 9, 10. Expunge in the presence of a consta- Senate, ble, or other officer of the peace.” | “Sect. 35, line 2. After “liquors,’ insert ‘except gin or cordials in cases, jugs, or bottles.” “Line 9. Expunge such.' . “Sect. 37, line 1. Expunge ‘dealer by wholesale, or." “Line 5. Expunge ‘or on a paper.” “Line 9. Expunge ‘and papers.” - “Lines 10, 11. Expunge ‘dealers and’ expunge “inspectors, S. Journal, substitute “supervisors.” p. 266. “Line 17. Expunge ‘and papers.” “Line 18. Expunge ‘dealers and.” “Line 19. Expunge ‘and papers.” “Line 20. Expunge ‘dealers and.” “ Line 22. Expunge ‘dealers and.’ “ Lines 23, 24. Expunge ‘dealer or.” - * Line 24. Expunge ‘paper, or papers.” - “Sect. 39, line 5. Expunge ‘which words may be expressed P by their respective initials.” “Sect. 40, line 2. Expunge “inspector,’ insert “supervisor.” “Line 9. Expunge inspector,’ substitute officer.’ - “Line 18. Expunge or other.’ “At the end of the section, add, “..And provided, also, That | if it shall appear from the verdict of the jury, that any such pre- | judice or waste was sustained by the negligence of the officer, he shall be responsible therefor to the United States.” - “Sect. 41, line 1. Expunge “inspector,’ substitute “supervisor.” } “Sect. 43, line 1. Expunge “inspector,’ substitute “supervi- - sors.” A “Sect. 44, line 4. After the word “and,” insert ‘unless brought in a court of the United States.” - - “Line 4. Expunge the word ‘proper.” “Sect. 45, line 1. Expunge the word ‘all.” “Line 5. After the word “incurred, insert “at any time with- - in one year, after the last day of June next.” - “ Line 6. Expunge manner,’ insert “way.” “ Line 10. After the word “thereof.” expunge to the end of the section, and substitute “and shall cause the facts which shall appear upon such inquiry to be stated and annexed to the peti- tion, and direct their transmission to the secretary of the trea- sury of the United States, who shall thereupon have power tº HISTORY OF CONGRESS. 353 CHAP, III. National Revenue—Duties on Spirits. 1791. lºgougess, mitigate or remit such penalty or forfeiture, if it shall appear 3d Session. A. to him that such penalty or forfeiture was incurred without wil- me."; ful negligence, or any design or intention of fraud, and to cause Senate, any spirits which may have been seized, to be restored to the proprietor or proprietors, upon such terms and conditions as shall appear to him reasonable.” “Sect. 46, line 11. Expunge ‘district, substitute “survey.’ “Sect. 49, line 2. Expunge “inspector or,’ substitute “supervi- sor or other.” “Sect. 50, line 1. Expunge “inspector or,’ substitute ‘Supervi- sor or other.’ “Line 5. The same amendment. “Sect. 51, line 1. Expunge ‘such inspector or,’ substitute ‘su- pervisor or other.’ “Line S. Expunge “inspector,’ substitute “supervisor or other.’ “Sect. 52. Expunge the whole section. “Sect 55, line 6. After ‘casks,’ insert “vessels.” “ Line 11. The same. “ Line 15. The same. “ Line 17. After cask,” insert ‘ vessel.” “Sect. 56, line 7. After ‘paid, insert “ or secured to be paid.’ “Lines 14, 15. Expunge ‘according to the late treaty of peace with Great Britain.” “Sect. 58, line 16. From the word “inspection,” expunge the remainder of the section. “Sect. 61, lines 3, 4. Expunge ‘any justice of the peace, or court of any state of competent jurisdiction or,’ substitute the word “the.” Expunge the proviso. “Sect. —. After section 61, insert—“And be it further enacted— That it shall and may be lawful for the President, from time to time, to make such allowances to the said supervisors, inspectors, and to the deputies and officers by them to be appointed and em- ployed, for their respective services in the execution of this act, to be paid out of the product of the said duties, as he shall deem reasonable and proper: Provided, always—That the aggregate amount of the allowance to all the said supervisors, inspectors, deputies, and other officers, shall not exceed five per cent of the said product, computed throughout the United States; and such allowance shall continue to be paid, until altered by law.” “Sect. 62, line 4. After ‘districts,’ insert “and surveys.” “Sect. 63, line 3. Expunge they are,’ substitute is.’ “ Line 16. After the first word ‘of’ expunge to the word “and,” in the 19th line, and substitute ‘towards such purposes for which Wol. I.-45 354 HISTORY OF CONGRESS, 3d Session. Chap. III. National Revenue—Duties on Spirits. 1791. isºgongress appropriations shall be made during the present sessions. Ex- punge the proviso, and add to it the sixty-fifth section. mº"; “Sect. 64, line 2. Expunge “each; insert “this, and every suc- Senate. ceeding.’ “Line 7. Expunge ‘to:’ insert ‘for.” “The sections to be numbered to correspond with the amend- ments.” consider. These amendments being communicated to the House of Re- H. Journal, #!. the presentatives, they were, on the 15th, committed to a committee p.397.381. = of the whole house; and, on the 17th, that committee was dis- charged from their further consideration; and the house proceed- ed to consider them, disagreeing to some, and agreeing to others, until the hour of adjournment. On the 18th, the subject being Id, p. 382. under consideration, the amendment to the 61st section, ex- punging the words “any justice of the peace, or court of any state of competent jurisdiction;” and also, substituting the word “the,’ and expunging the proviso, was read, when a motion was made to amend the amendment, by striking out the whole of the said 61st section, which stood thus:– “And be it further enacted—That the prosecution for all fines, penalties, and forfeitures, incurred by force of this act, and for all duties payable in virtue thereof, and which shall not be duly paid, shall and may be had before any justice of the peace, or court of any state, of competent jurisdiction, or court of the United States, of the district in which the cause of action shall arise, with an appeal, as in other cases: Provided—That when the cause of action shall exceed in value fifty dollars, the same shall not be cognizable before a justice of the peace only.” This motion to amend the amendment of the Senate, was agreed to, and the section was consequently stricken out. The question to agree to the Senate's amendment, as now amended, was then put, and decided in the affirmative, by the following vote:- Ayes–Messrs. Ames, Baldwin, Benson, Bourne, Cadwalader, Id, p.383. Carroll, Clymer, Contee, Fitzsimons, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Giles, Huntington, Lawrance, Lee, Leonard, Madison, jr., Schureman, Sedgwick, Seney, Sevier, Sherman, Sil- vester, Sinnickson, Smith, of Maryland, Smith, of South Caroli- na, Sturges, Sumpter, Trumbull, Wadsworth, Wynkoop.–35. JVoes—Messrs. Ashe, Bloodworth, Boudinot, Burke, Floyd, Hartley, Hathorn, Heister, Livermore, Mathews, Moore, Muhlen- berg, Parker, Partridge, Van Rensselaer, Scott, Steele, Thatch- er, Tucker, White, Williamson.—21. HISTORY OF CONGRESS. 355 Chap. III. National Revenue—Duties on Spirits. 1791. 1st Congress. 3d Session. Amend- ments to the Senate produce, computed throughout the United States; and such al- amend- ments. Amend- ments greed to. a On the following day, it was moved to amend the amendment proposed by the Senate, in the form of a new section, to follow section 61, by striking out the words “five per cent, of the said lowances shall continue to be paid until altered by law;” and in- serting, in lieu of the words expunged, these words: “seven per cent. of the whole product of the duties arising from the spirits distilled within the United States; and such allowances shall con- tinue to be paid for the space of two years, unless sooner altered by law.” And this question was determined in the affirmative, the ayes and noes being as follows:— Ayes—Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Bourne, Brown, Burke, Carroll, Contee, Floyd, Gilman, Griffin, Grout, Giles, Hartley, Hathorn, Heister, Jackson, Lee, Livermore, Ma- thews, Moore, Muhlenberg, Parker, Van Rensselaer, Scott, Se- ney, Sevier, Silvester, Smith, of Maryland, Sumpter, Tucker, Wi- ning, White.—34. JVoes—Messrs. Ames, Benson, Cadwalader, Clymer, Fitzsimons, Foster, Gerry, Goodhue, Huntington, Lawrance, Leonard, Par- tridge, Schureman, Sherman, Sinnickson, Smith, of South Caro- lina, Sturges, Thatcher, Trumbull, Wynkoop.–20. The amendment as amended was then agreed to. And all the other amendments of the Senate were then agreed to. The decision of the House concerning the amendments was communicated to the Senate, accompanied by a suggestion “that, in the 10th, 11th, 40th, and 43d sections of the bill, there appear to be sundry omissions of corresponding amendments, which are rendered necessary in consequence of other amendments to the same sections.” The resolutions transmitted to the Senate by the House were as follows:— “Resolved—That this house doth disagree to the amendment to the 34th section, and doth agree to the amendments to all the other sections, as far as the 58th section inclusive, with amend- ments to several of the said amendments, as follow:— “Sect. 3. First amendment, transpose it so as to come in after the word ‘fifty,” in the third line of the section. “Sect. 4. In the first of the three sections proposed by the Se- nate, to be inserted in lieu of the fourth section, and in the se- cond line, strike out ‘thirteen,” and insert ‘fourteen.’ “Sect. 27. First amendment, in the words proposed by the Se- nate, to be substituted in lieu of the words stricken out, strike out “at the port where,' insert “within whose survey.’” H. Journal, p. 384,385. Id. p. 385. S. Journal, p.274,275. 356 - HISTORY OF CONGRESS. ſ Chap. III. National Revenue—Duties on Spirits. 1791. º “ Resolved—That this house doth agree to the amendment to the first section, with an amendment, by striking out, in addition to the words proposed to be stricken out by the Senate, the whole of the said section, without any substitute:– M “Resolved—That this house doth agree to all the other amend- - ? ments proposed by the Senate to the before-mentioned bill, with an amendment to the section, which is proposed to follow the 61st section, as followeth: strike out from the word “exceed,” in the seventh line, and insert “seven per cent. of the whole product of - the duties arising from the spirits distilled within the United } States, and such allowances shall continue to be paid for the space of two years, unless sooner altered by law.’” proceed. The Senate then took up the subject for consideration, and ings . the receded from all their amendments disagreed to by the House of . in Representatives, and agreed to those of the House, except to the the Senate amendment proposed to follow the 61st section; to which the Se- nate agreed, amended as follows: “seven per cent. of the whole product of the duties arising from spirits distilled within the United States, and such allowances shall continue to be paid, un- til altered by law.” - The Senate also adopted the amendments suggested by the House to render the 10th, 11th, 40th, and 43d sections consistent and intelligible. - Tisagree- The House, on the 22d, disagreed to the alteration made by the H. Journal, ment. Senate, in the amendment proposed to follow the 61st section, by p.386,387. º the following vote :- - Ayes–Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Bourne, Brown, Burke, Carroll, Contee, Floyd, Griffin, Grout, Giles, Hart- ley, Hathorn, Heister, Jackson, Lee, Livermore, Madison, jr., Mathews, Moore, Muhlenberg, Parker, Van Rensselaer, Scott, - Seney, Silvester, Smith, of Maryland, Steele, Stone, Sumpter, Tucker, Wining, White, Williamson.—36. Noes—Messrs. Ames, Benson, Cadwalader, Clymer, Fitzsimons, Foster, Gale, Gerry, Goodhue, Huntington, Lawrance, Leonard, Partridge, Schureman, Sedgwick, Sevier, Sherman, Sinnickson, * Smith, of South Carolina, Sturges, Thatcher, Trumbull, Wads- worth, Wynkoop.–24. - The further amendments of the Senate were then agreed to. House in. The resolution of the House of Representatives to insist on S. Journal, sist. their amendment to the last clause of the section, proposed by P. 279. the Senate to follow the 61st section, was taken up by the Se- senate in nate on the 23d, when it was moved that the Senate insist on sist, - HISTORY OF CONGRESS. 357 Chap. III. National Revenue—Duties on Spirits. º their amendment to the amendment of the House; which motion was decided in the affirmative by the following vote:– Yeas—Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, Izard, Morris, Read, Schuyler, Stanton, Strong.—14. JWays—Messrs. Carroll, Few, Hawkins, Henry, Johnston, Lee, Maclay, Monroe, Wingate.—9. - Confer. A resolution was then adopted, desiring a conference with the enCC. House of Representatives, on the subject of disagreement, and Messrs. Ellsworth, King, and Morris, were appointed managers on the part of the Senate. On the part of the House, Messrs. Boudinot, White, and Livermore, were appointed managers. Report. On the 25th, Mr. Boudinot made a report from the managers House re- on the part of the House, when it was moved that the House re- cede. cede from their disagreement to the amendment last proposed by 1791. S. Journal, p.388,391. the Senate, and agree to it, amended to read as follows: “Seven per cent. of the whole product of the duties arising from the spi- rits distilled within the United States: J2nd provided, also— That such allowances shall not exceed the annual amount of for- ty-five thousand dollars, until the same shall be further ascer- tained by law.” The question being put on this motion, it was determined in the affirmative by the following vote:– Jºyes–Messrs. Ames, Benson, Boudinot, Bourne, Cadwala- der, Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Good- hue, Hartley, Huntington, Lawrance, Leonard, Partridge, Schureman, Scott, Sedgwick, Sevier, Sherman, Sinnickson, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop.–30. Noes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Carroll, Contee, Floyd, Griffin, Grout, Giles, Jackson, Lee, Li- vermore, Madison, jr., Mathews, Moore, Muhlenberg, Parker, Van Rensselaer, Seney, Silvester, Smith, of Maryland, Steele, Stone, Sumpter, Tucker, White, Williamson.—29. Mr. Ellsworth made a report to the Senate from the mana- gers on the part of that body, on the same day, which was taken up for consideration on the 26th, when the amendment made by the House was accepted. —º- *º. ON the subject of carrying this bill into effect, the following s SS10n. message was transmitted to the two houses of Congress, on the 1st of November, 1791:- Id. p. 392. S. Journal, p.288.290. 1791. 25s CHAP. III. HISTORY OF CONGRESS. National Revenue—Arrangement as to Excise. 1791. 2d Congress. 1st Session. Message from Presi- dent. - Arrange- mentofalis. tricts, ap- pointment of supervi- sors, &. “Gentlemen of the Senate, and of the House of Representatives:– “I send you, herewith, the arrangement which has been made by me, pursuant to the act, entitled, ‘An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same,” in respect to the subdivision of the se- veral districts, created by the said act, into surveys of inspec- tion, the appointment of officers for the same, and the assign- ment of compensations. “ G. WASHINGToN. “ United States, October 31, 1791.” The arrangement respecting the collection of the excise is as follows:— - “An arrangement made by the President of the United States, with re- spect to the subdivisions of the several districts thereof into sur- veys, the appointment of officers, and the assignment of compen- sations, pursuant to the Act of Congress, passed the third day of March, 1791, entitled “An Act repealing, after the last day of June newt, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same.” “New Hampshire forms one survey of inspection. The duties of inspector are performed by the supervisor: to this office Jo- shua Wentworth has been appointed. His compensation is a salary of five hundred dollars, and a commission of one half per centuz72. “Massachusetts forms three surveys of inspection. No. 1 con- sists of the province of Maine; No. 2, of the counties of Essex, Middlesex, Worcester, Hampshire, and Berkshire; No. 3, of the residue of the state. Nathaniel Gorham has been appointed su- pervisor: his compensation is a salary of eight hundred dollars, and a commission of one half per cent. The supervisor performs the duties of inspector of survey No. 1. Jonathan Jackson has been appointed inspector of Survey No. 2; and Leonard Jarvis for survey No. 3. The compensation to each of these inspectors is a salary of five hundred dollars, and a commission of one half per – cent. “Rhode Island forms one survey. The duties of inspector are performed by the supervisor. John S. Dexter has been appoint- ed to this office, with an allowance of a salary of five hundred dollars, and a commission of one half per cent, S. Journal, p. 332. Id p. 333, !ſ | - HISTORY OF CONGRESS. 359 Chap. III. National Revenue—Arrangement as to Excise. * 1791. #º. “ Connecticut forms one survey. The duties of inspector are St Session. - - performed by the supervisor, who is John Chester. His com- nº"; pensation is a salary of six hundred dollars, and a commission of districts, one half per cent. &c. “Vermont forms one survey, of which the supervisor performs the duties of inspector. Noah Smith has been appointed to this office: his allowance is a salary of four hundred dollars, and a commission of one half per cent. “New York forms one survey, of which the supervisor acts as inspector. William S. Smith has been appointed to this office, with a salary of eight hundred dollars, and a commission of one half per cent. - - “New Jersey forms one survey. The supervisor performs the duties of inspector. To this office, Aaron Dunham has been ap- pointed: his compensation is a salary of four hundred dollars, and a commission of one half per cent. “Pennsylvania forms four surveys. No. 1 consists of the city and county of Philadelphia, and the counties of Bucks and Mont- gomery; No. 2, of the counties of Berks, Northampton, Luzerne, and Northumberland; No. 3, of the counties of Delaware, Ches- ter, Lancaster, York, Dauphin, Cumberland, Franklin, Mifflin, and Huntingdon; No. 4, of the counties of Bedford, Westmore- land, Washington, and Alleghany: The supervisor for the dis- trict, George Clymer, acts as inspector of survey No. 1: his compensation is a salary of one thousand dollars, and a commis- sion of one half per cent. James Collins has been appointed in- spector of survey No. 2; Edward Hand of survey No. 3, and John Neville of survey No. 4. The allowance to each of these inspectors is a salary of four hundred and fifty dollars, and a com- mission of one per cent. “Delaware forms one survey, of which the supervisor acts as inspector. His compensation is a salary of four hundred dol- lars, and a commission of one per cent. Henry Latimer, who was appointed supervisor, has resigned his office. “Maryland forms two surveys. No. 1 comprehends the counties of St. Mary, Somerset, Calvert, Queen Anne, Caroline, Kent, Charles, Talbot, Dorchester, Baltimore, Anne Arundel, Worces- ter, Hertford, Cecil, and Prince George. No. 2 consists of the counties of Montgomery, Washington, Frederick, and Allegha- ny. The supervisor of the district, George Gale, officiates as inspector of survey No. 1. His compensation is a salary of se- ven hundred dollars, and a commission of one per cent. Philip Thomas has been appointed inspector of survey No. 2, with a sa- 360 HISTORY OF CONGRESS. CHAP. III. 2d Congress. 1st Session. Arrange- ment of districts, &c, National Revenue—Arrangement as to Excise. lary of four hundred and fifty dollars, and a commission of one per cent. - “Virginia has been divided into seven surveys of inspection. No. 1 consists of the counties of Lancaster, Northumberland, Richmond, Westmoreland, King George, Caroline, Hanover, Henrico, Charles city, James city, Warwick, Elizabeth city, York, Gloucester, Mathews, Middlesex, Essex, King and Queen, King William, and New Kent; No. 2, of the counties of Stafford, Prince William, Fairfax, Loudon, Fauquier, Culpep- per, Orange, Albemarle, Louisa, and Spottsylvania; No. 3, of 1791. the counties of Goochland, Fluvanna, Amherst, Bedford, Frank- - lin, Henry, Patrick, Pittsylvania, Halifax, Charlotte, Mecklen- burg, Lunenburg, Nottoway, Amelia, Powhatan, Cumberland, Buckingham, Prince Edward, and Campbell; No. 4, of the coun- ties of Princess Anne, Chesterfield, Norfolk, Isle of Wight, Sus- S. Journal, p. 334. sex, Surry, Prince George, Dinwiddie, Brunswick, Greenville, Southampton, Nansemond, Accomack, and Northampton; No. 5, of Frederick, Berkley, Hampshire, Hendy, Monongalia, Ohio, Harrison, Randolph, Pendleton, Augusta, Rockingham, and She- nandoah; No. 6, of the counties of Rockbridge, Botetourt, Mont- gomery, Wythe, Washington, Russell, Greenbriar, and Kan- hawa; No. 7 consists of the district of Kentucky: Edward Car- ring has been appointed supervisor, with a salary of one thousand dollars, and a commission of one per centum. Drury Ragsdale has been appointed inspector of survey No. 1; Edward Stevens of No. 2; Mayo Carrington of No. 3; Thomas Newton of No. 4; Edward Smith of No. 5; James Breckenridge of No. 6; and Thomas Marshal of No. 7. The compensation to these officers is to each a salary of four hundred and fifty dollars, and a com- mission of one per cent. º “North Carolina forms five surveys. No. 1 consists of the counties of Wilmington, Anslow, New Hanover, Brunswick, Bladen, Duplin, Anson, Richmond, Moore, Cumberland, Ro- bertson, and Sampson; No. 2, of the counties of Carteret, Hyde, Beaufort, Pitt, Craden, Jones, Dobbs, Johnson, and Wayne; No. 3, of the counties of Kurrituck, Camden, Pasquotank, Per- quimans, Chowan, Gates, Hartford, and Tyrrel; No. 4, of the counties of Northampton, Martin, Halifax, Nash, Edgecomb, Warren, Franklin, Caswell, Orange, Randolph, Grandville, Wake, and Chatham; No. 5, of the counties of Mecklenburg, Montgomery, Roan, Iredell, Surrey, Stokes, Rockingham, Guil- ford, Lincoln, Rutherford, Burke, and Wilkes. William Polk has been appointed supervisor, and a salary of seven hundred dol- HISTORY OF CONGRESS. 361 Chap. III. National Revenue—Arrangement as to Excise. 1791. 2d Congress. 1st Session. Arrange- ments of districts, &c. lars, and a commission of one per cent. have been assigned him as a compensation. James Read has been appointed inspector of survey No. 1; John Daves of No. 2; Thomas Benbury of No. 3; John Whitaker of No. 4; and Joseph MºDowel, the elder, of No. 5. The compensation to the inspectors of surveys No. 1, 2, and 3, are to each a commission of two per centum, these in- spectors being also officers of the customs. A salary of four hundred and fifty dollars, and a commission of one per cent. have been assigned as a compensation to the inspectors of sur- veys, No. 4 and 5, respectively. “South Carolina forms three surveys. No. 1 consists of the counties of Colleton, Berkley, Washington, Marion, Bartholo- mew, Charleston, Granville, Hilton, Lincoln, Shrewsbury, Win- ton, Orange, and Lewisburgh; No. 2, of the counties of Wingaw, Williamsburgh, Liberty, Kingston, Darlington, Chesterfield, Marlborough, Clarendon, Clermont, Lancaster, Kershaw, Rich- land, Fairfield, Chester, and York; No. 3, of the counties of Edgefield, Abbeville, Newbury, Laurens, Union, Spartanburg, Greenville, and Pendleton. The duties of inspector of survey No. 1, are performed by the supervisor, Daniel Stevens, to whom a salary of seven hundred dollars, and a commission of one per cent. have been assigned as a compensation. Benjamin Cudworth has been appointed inspector of survey No. 2, and Sylvanus Walker of No. 3. The compensation assigned to the inspector of survey No. 2, is a salary of three hundred dollars, and a com- mission of two per centum; to the inspector of survey No. 3, a salary of four hundred and fifty dollars, and a commission of one per cent. - “Georgia forms one survey. The supervisor, John Matthews, officiates as inspector: the compensation assigned him is a salary of five hundred dollars, and a commission of one per cent. “The commission, in each case, is computed upon the nett product of the duties on spirits distilled within the jurisdiction of the officer to whom it is allowed; which nett product is de- termined by deducting, at each stage of the compensation, all preceding charges. “With regard to the ports, the following arrangements have been made:–At the ports at which there are both a collector and a surveyor, the latter has been appointed an inspector; where there is a collector only, he has been appointed; and where there is a surveyor only, he has been appointed. The ports at which neither collector nor surveyor resides, have been placed under the inspection of the collector or surveyor of the district to which Vol. I.-46 362 - HISTORY OF CONGRESS. CHAP. III. National Revenue—Arrangement as to Excise. - 1791. #º they belong, as the one or the other is the inspector of the reve- nue for the port where he resides. The duties of these inspec- .* tors are confined to spirits imported from abroad; and, as they districts, bear an analogy to those which they have been accustomed to &c. perform, no compensation has been assigned. The officers, di- rected by the 18th section of the law to be appointed by the supervisors, have been denominated, collectors of the revenue. Their number has been of necessity left to the discretion of the supervisor, with these general intimations, that they should be, in all cases, as few as the proper execution of the business would permit; and that, in regard to the collection of the duties on stills, one for each county would suffice: but this regulation ne- cessarily varies as the stills are more or less dispersed. Where they are much scattered, two, three, or more counties, have been assigned to the same person. The compensation to these officers is a commission on the sums collected by each, of two per centum on the product of the duties on spirits distilled from foreign ma- terials; and of four per centum on the product of the duties arising from spirits distilled from domestic materials, whether per gallon, or by the still. This difference was dictated by the different nature of the business. - “By order of the President of the United States. “ALEXANDER HAMILTON, * Secretary of the Treasury. “Treasury Department, October 31, 1791.” . Journal, 35. ; 3 2d Session. At the second session of this Congress, on the 22d of Novem- 1792. Supple- ber, 1792, other arrangements connected with this subject were s. Journal, .** communicated to the two houses of Congress, accompanied by P. * range- - - - 2 ment. the following message from the President of the United States:– º º “ Gentlemen of the Senate, and of the House of Represen- tatives:– “I send you herewith the abstract of a supplementary arrange- ment which has been made by me, pursuant to the acts of the 3d day of March, 1791, and the 8th day of May, 1792, for raising a revenue upon foreign and domestic distilled spirits; in respect to the subdivisions and officers which have appeared to me necessary, and to the allowances for their respective services to the supervisors, inspectors, and other officers of inspection; together with estimates of the amount of compensations and charges. - “ G. WASHINGTON, “ United States, November 22, 1792.” - HISTORY OF CONGRESS. 363 CHAP. III. National Revenue—Arrangements as to Excise. 1793. 2d Congress. 2d Session. Change as to North On the 28th of January next, the following change in the ar- T rangements as to North Carolina, was communicated in a mes. sage addressed by the President of the United States to the two Carolina, houses of Congress: “Gentlemen of the Senate, and of the House of Representa- tives:— “Since my last communication to you, on the subject of the revenue on distilled spirits, it has been found necessary, in expe- rience, to revise and amend the arrangements relative thereto, in regard to certain surveys, and the officers thereof, in the dis- trict of North Carolina; which I have done, accordingly, in the manner following:— - - “1st. The several counties of the said district originally and heretofore contained within the first, second, and third surveys, have been allotted into, and are now contained in, two surveys: one of which (to be hereafter denominated the first,) comprehends the town of Wilmington, and the counties of Anslow, New Ha- nover, Brunswick, Robertson, Sampson, Craven, Jones, Lenox, Glascow, Johnston, and Wayne; and the other of which (to be hereafter denominated the second,) comprehends the counties of Kurrituck, Camden, Pasquotank, Perquimans, Chowan, Gates, Hartford, Tyrrel, Bertie, Carteret, Hyde, Beaufort, and Pitt. “2dly. The several counties of the said district originally and heretofore contained within the fifth survey of the district afore- said, have been allotted into, and are contained in, two surveys, one of which (to be hereafter denominated the third,) compre- hends the counties of Mecklenburg, Rowan, Iredell, Montgome- ry, Guilford, Rockingham, Stokes, and Surrey; and the other of which (to be hereafter denominated the fifth,) comprehends the counties of Lincoln, Rutherford, Burke, Buncombe, and Wilkes. “ 3dly. The duties of inspector of the revenue, in and for the third survey, as constituted above, are to be performed, for the present, by the supervisor. “4thly. The compensations of the inspector of the revenue for the first survey, as above constituted, are to be a salary of two hundred and fifty dollars per annum, and commissions and other emoluments similar to those heretofore allowed to the inspector of the late first survey, as it was originally constituted. “5thly. The compensations of the inspector of the revenue for the second survey, as above constituted, are to be a salary of one hundred dollars per annum, and commissions and other emoluments heretofore allowed to the inspector of the late third survey, as it was originally constituted. - S. Journal, p. 475. H. Journal, p. 685. 364 HISTORY OF CONGRESS. - CHAP. III. 2d Congress. 2d Session. Change as to North Carolina. #st Congress. 3d Session. Teas and wines. Bill passed. 2d Congress, 1st Session. National Revenue—Duties on Teas and Spirits. 1793. “ 6thly. The compensations of the inspector of the revenue for the fifth survey, as above constituted, are to be a salary of one hundred and twenty dollars per annum, and the commissions and other emoluments similar to those heretofore allowed to the inspector of the late fifth survey, as it was originally constituted. “G. WASHINGTON. “ United States, January 23, 1793.” --º- IT will be recollected that the same committee which reported 1791. the bill repealing the duties on distilled spirits, received instruc- tion also to prepare and bring in a bill concerning teas, [Pide H. Journal, page 342.] Accordingly, on the 22d of February, Mr. Sedg- P. 386. wick, from this committee, presented a bill making further pro- vision for the collection of the duties imposed on teas. This bill was read a first and second time, and was committed to a committee of the whole house. The bill was taken up and con- Id, p. 399, sidered in committee of the whole, on the 2d of March, and was reported without amendment. It was then ordered to be re- committed to a committee of the whole house immediately. The house then again went into committee on the bill, and re- ported an amendment, which was agreed to; and the bill was then read a third time and passed, with the following addition to the title, “and for prolonging the term for the payment of the Id. p. 401. duties on wines.” The bill was read a first and second time in the Senate, on the S. Journal, 2d of March, and was referred to Messrs. Morris, Langdon, and ºs. 304— Schuyler, to consider and report upon it. Mr. Morris reported the bill on the following day, without amendment, and it was passed. - This bill provides that the bond of the importer of the teas, for the payment of the duties, shall be taken, the teas being de- posited in a store-house, on which two locks shall be placed, the key of one lock to be kept by the importer, and the key of the other by the inspector, the teas to be taken up on giving new bonds and security, as are described in the bill. The bill also allows twelve months for the payment of the duties on Madeira and other wines, secured by bond. -º- THE subject of teas and spirits required, however, still further 1792. legislation, and was, at an early period, brought before the at- ſ HISTORY OF CONGRESS. 365 - CHAP. III. National Revenue—Duties on Teas and Spirits. - 1792. #º. tention of the second Congress, by a petition from the merchants H. Journal, * of New York, praying to be allowed a further time for the pay- P. 517. tº. ment of the duties on a quantity of teas which remained unsold. pay duties This petition was referred to Messrs. Lawrance, Fitzsimons, and "* Gerry. A report was made from this committee on the 27th of 1d. p. 521. February. On the 23d of March, the house proceeded to con- sider this report, and adopted the following resolution:— Resolution. “Resolved—That for all teas imported into the United States Id.p,545. since the third day of March, 1791, the duties whereon shall have been bonded, payable in one year, it shall be lawful for the officers of the customs, to whom such bonds were given, to can- cel the same, and to take other bonds in lieu thereof, payable in two years from the time of the importation of the teas, for which the same is given: Provided—That such teas are depo- sited with the proper officer, agreeably to the provisions of the act of the 3d of March, 1791.” It was then ordered that Messrs. Lawrance, Fitzsimons, and Gerry prepare and bring in a bill, or bills, pursuant to this reso- lution. On the 24th of March, accordingly, Mr. Fitzsimons, Bill to ex from this committee, presented a bill “to extend the time here. Id. p. 547. º º tofore granted for the payment of the duties on certain teas, im- House. y ported after the third day of March, 1791, which was then read a first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole, on the 9th of April, and having been considered, was reported . without amendment, and, on the 10th, was read a third time, Id. p. 571. and passed. Having been read a first and second time in the Senate, the bill was referred to Messrs. King, Morris, and Lang- don, to consider and report upon it. And on the 18th, this com- Rejected mittee reported that it would be inexpedient to pass this bill; S. Jºurnal, by Senate, and the Senate then rejected the bill. p.423.429. Spirits. In reference to the act repealing the duties on distilled spirits, and laying others in their room, which was passed at the close of the third session of the first Congress, it was found, on experi- ment, that some change would be necessary to render this mea- sure an efficient and satisfactory source of revenue. Soon after the assembling of the second Congress, measures were put in 1791. train to discover how far the operation of the act had realized the expectations of the government. On the 1st of November, Secretary 1791, the secretary of the treasury was directed to report to the H.Journal, º House of Representatives, such information as he had obtained p. 446. for infor. respecting any difficulties which might have occurred in the exe- mation. - 366 HISTORY OF CONGRESS. CHAP, III. National Revenue—Duties on Spirits. 1791. 2d Congress. 1st Session. Resolu- tions of house. cution of the act “repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same,” to- gether with his opinion thereupon. And, on the following day, the secretary was further directed “to report whether any, and what, alterations in favour of the spirits which shall be distilled from articles of the growth or produce of the United States, or from foreign articles within the same, can, in his opinion, be made in the act for laying duties upon spirits distilled within the United States, consistently with its main design, and with the mainte- nance of the public faith.” In the mean time, petitions from the distillers of Boston, New York, Baltimore, Salem, Kentucky, Pennsylvania, Providence, Newport, Frederick county, Virginia, H. Journal, p.439,446. 453. 455. 458. 466. &c., were received, praying for modifications of the duties on 46 distilled spirits. On the 6th of March, 1792, the secretary made his report to the house in obedience to the above direction. On the 16th, the report was ordered to be committed to a committee of the whole house, and on the 13th of April, the subject was considered in committee, and several resolutions were then re- ported, which were, on the 26th, agreed to by the house, as fol- lows:– “1. Resolved—That, from and after the last day of June next, the present duties on spirits, distilled within the United States, and on stills, shall cease, and that, in lieu thereof, upon all spirits which, after the said day, shall be distilled within the United States, wholly, or in part, from molasses, sugar, or other foreign ma- terials, there shall be paid the duties following; that is to say:— “For every gallon of those spirits of the first class of proof, “For every gallon of those spirits of the second class of proof, “For every gallon of those spirits of the third class of proof, - “For every gallon of those spirits of the fourth class of proof, - - “For every gallon of those spirits of the fifth class of proof, - “For every gallon of those spirits of the sixth class of proof, - “And, upon all spirits which, after the said day, shall be dis- tilled within the United States, from materials the growth or produce of the United States, in any city, town, or village, at 1792. H. Journal, p.529,538, 578, 588, History of congress. 367 Chap. III. National Revenue—Duties on Spirits. 1792. #º any distillery of which there shall be one or more stills, which, ** singly, or together, shall be of the capacity of gallons, or º upwards, there shall be paid the duties following; that is to say:- house. “For every gallon of those spirits of the first class of proof, “For every gallon of those spirits of the second class of proof, “For every gallon of those spirits of the third class of proof, - º “For every gallon of those spirits of the fourth class of proof, “For every gallon of those spirits of the fifth class of proof, “For every gallon of those spirits of the sixth class of proof, “And, upon stills, which, after the said day, shall be employed in distilling spirits from materials of the growth or produce of the United States, at any other place than a city, town, or vil- lage, or at any distillery in a city, town, or village, at which there shall be one or more stills, which, singly, or together, shall be of less capacity than gallons, there shall be paid the yearly duty of cents for every gallon, English wine mea- sure, of the capacity or content of each and every such still, in- cluding the head thereof. Provided—That it shall be at the op- tion of the proprietor or possessor of any such still, instead of the said yearly duty, either to pay cents for every gallon of spi- rits by him or her distilled, or to pay at the rate of per gallon, of the capacity, for each and every month of the employment of any such still, the said proprietor or possessor previously obtaining a license for that purpose, in which shall be specified the term for which he or she shall think fit to work his or her still or stills.” “2. Resolved—That there be within each county comprehend- edin any district, at least one office of inspection, at which every person, having or keeping a still or stills within such county, shall, between the last day of May, and the first day of July, in each year, make entry of such still or stills; and at which every person, who, being a resident within the county, shall procure a still or stills, or who, removing within a country, shall bring therein a still or stills, shall, within twenty days after such pro- curing or removal, and before he or she shall begin to use such still or stills, make entry thereof. And every entry, besides de- scribing each still, and the capacity thereof, shall specify the cents 368 HISTORY OF CONGRESS, CHAP. III. National Revenue—Duties on Spirits. I792. ºr place where, and the person in whose possession it is, and the − purpose for which it is intended, as whether for sale or use in *º distilling; and, in case of removal, shall specify the place from house. which every such still shall have been brought. “3. Resolved—That it shall be in the option of every proprie- tor or possessor of a still, which is chargeable, according to the capacity of a still, either to pay the duty thereupon in money, or an equivalent therefor, in distilled spirits, at the rate of per gallon: Provided—That such option be declared at the pre- vious annual entry of such still, and that it shall be the duty of the said proprietor or possessor, to deliver the said spirits at his or her own expense, at the office of inspection, where such en- try shall have been made. - “4. Resolved—That every proprietor and possessor of a still shall be jointly and severally liable for the duty thereupon, and that every owner of land, upon which any still shall be worked, shall be liable for the duty thereupon, unless the same shall be worked by a lawful and bona fide tenant of the land of an es- tate, not less than for the term of one year, or unless such owner can make it appear that the possessor of, or person by whom such still shall have been worked, was, during the whole time of working the same, a trespasser or intruder on his land. “5. Resolved—That every officer of inspection, within whose H. Journal, survey any distillery of Geneva or sweet cordials, subject to the P. * payment of duty by the gallon, of the spirits distilled therein, may be, shall ſorbear to visit or inspect, for a space not exceed- ing two hours in each day, such part of the said distillery as he may be required by the proprietor, possessor, or manager, of such distillery, to forbear to visit and inspect; for which purpose it shall be necessary for the said proprietor, possessor, or mana- ger, to give notice, in writing, to the said officer, describing therein particularly the part of such distillery which it shall be his desire that the said officer may forbear to visit and inspect, and specifying the time of each day for which such forbearance shall be desired. “6. Resolved—That it shall be in the discretion of the secre- tary of the treasury to regulate, as well the marks to be set upon the casks, vessels, and packages, containing distilled spirits, as the forms of the certificates which are to accompany the same; and that when any cask or vessel, in which distilled spirits have been contained, shall have been emptied of its contents, it shall be lawful for the marks thereupon to be effaced by, or in the presence of, an officer of inspection; and if the said cask or HISTORY OF CONGRESS. 369 Ch.A.P. III. 2d Congress. 1st Session. Resolu- tions of House. National Revenue—Duties on Spirits. vessel shall be afterwards used for putting therein other spirits, the same may be marked anew. “7. Resolved—That, if any distilled spirits, in going from one port to another of the United States, shall be lost by means of shipwreck, the duties thereupon shall be remitted or repaid to the proprietor thereof. - “8. Resolved—That, instead of a notice of twenty-four hours, heretofore required to be given, of the intent to export distilled spirits, in order to the benefit of the drawback of the duties there- upon, a notice of six hours shall be sufficient. “9. Resolved—That there be an abatement for leakage, at the rate of two per cent. in every case in which the duty shall be payable by the gallon, of the spirits distilled, to be allowed at the distillery where such spirits shall be made. “10. Resolved—That the officer of inspection, within whose survey any still shall be, the duty whereupon is payable according to the capacity of the still, shall identify, by progressive num- bers, and other proper marks, every such still within his survey, and the duty thereupon shall operate as a specific lien upon the said still. - - “11. Resolved—That every distiller of, or dealer in spirits, who may have in his or her possession distilled spirits not marked or certified, pursuant to the act repealing, after the last day of June next, &c., shall, prior to the day of — next, report the spirits in his or her possession, in writing, at some office of inspection, to the end that such spirits may be marked and certified as old stock; and that from and after the said – day of —— next, casks and vessels, of the capacity of gallons, and upwards, containing distilled spirits, which shall be found in the possession of any distiller or dealer in spirits, ex- cept at a distillery where the same were made, or in going from one place to another, without being marked according to law, or without having a certificate from some proper officer, shall be liable to seizure and forfeiture; and that it shall be the duty of the several officers of inspection, upon request of any dealer or distiller, to take measures for the marking of casks, vessels, and packages, containing distilled spirits, and to furnish such dealer and distiller, free from expense, with certificates to accompany the same: Provided—That it shall not be incumbent upon any such officer to mark or certify any cask, vessel, or package, which ought to have been before marked or certified, according to any law of the United States, Wol. I.-47 1792. HISTORY OF CONGRESS. CHAP. III. National Revenue—Duties on Spirits. 1792. 2d Congress. 1st Session. Resolu- tions of House. Committee to prepare bill. Bill broughtin. “12. Resolved—That from and after the last day of April, in the year one thousand seven hundred and ninety-three, no dis- tilled spirits shall be brought into the United States from any foreign port or place, except in casks or vessels of the capacity of gallons and upwards. “13. Resolved—That no drawback of the duty on distilled spirits, which shall be exported after the day of next, shall be allowed upon any quantity less than gallons. << 14. Resolved—That after the day of next, no distilled spirits shall be brought into the United States from any foreign port or place, in any cask or vessel which shall have been marked pursuant to any law of the United States, concern- ing distilled spirits, on pain of forfeiture of the spirits so brought, and of the ship or vessel in which they shall be brought. “15. Resolved—That every distiller, at the request of an of- ficer of inspection, shall, by himself, or some other person, aid, or cause to be aided, the said officer, in measuring and marking the still or stills of such distiller, or, in lieu of such aid, shall pay to the said officer dollars, for each and every still to him or her belonging, which shall be measured by the said officer with- out such aid. ** 16. Resolved—That the President be authorized to make such allowances for their respective services, to the supervisors, inspectors, and other officers of inspection, as he shall deem rea- sonable and proper, so as the said allowances, together with the incidental expenses of collecting the duties on spirits distilled within the United States, shall not exceed seven and a half per centum of the total product of the duties on distilled spirits, for the period to which the said allowances shall relate; computing from the time that the act repealing, after the last day of June next, &c., took effect.” It was then ordered that a bill or bills be brought in, pursuant to these resolutions; and Messrs. Fitzsimons, Parker, and Ma- con, were instructed to prepare and bring in the same. On the 27th of April, Mr. Fitzsimons, from this committee, presented a bill concerning the duties on spirits distilled within the United States, which then received its first and second read- ing, and was committed to a committee of the whole house. On the following day, the bill was considered in committee of the whole, and several amendments were reported to the House; and, on the 30th, these amendments were taken up for consideration. On the question to agree to the amendment of the committee, H. Journal, p. 590. Id. p. 591, HISTORY OF CONGRESS. 371 CHAP. III. National Revenue —Duties on Spirits. - 1792. #º. filling up the blank for the amount of duty; º on every gallon of º; Amend. spirits, of the first class of proof, distilled within the United States, Pº" ments of from materials of the growth or produce of the United States,” ...”. with “eight cents,” the decision was as follows:– the whole. Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gor- don, Hillhouse, Kitchell, Lawrance, Learned, Lee, Jere. Smith, W. Smith, Sterrett, Sturges, Silvester, Thatcher, Tredwell, Wadsworth, Ward.—26. Noes—Messrs. Ashe, Baldwin, Brown, Findley, Gregg, Grove, Heister, Huger, Jacobs, Key, Livermore, Macon, Ma- dison, Moore, Murray, Niles, Page, Parker, Seney, Sheridan, I. Smith, Steele, Sumpter, Tucker, White, Williamson, Wil- lis.-27. Bill passed It was then determined to fill the blank with “seven º’ cents. Id. p. 594. ** And, on the first of May, the bill having been further amended, was ordered to be engrossed for a third reading. The blanks having been all filled, on the following day, the bill was read a third time and passed. Amended In the Senate, the bill was read a first and second time, on the S. Journal, sº 2d of May, and was referred to Messrs. Hawkins, Cabot, and Pº” Ellsworth. On the 4th, Mr. Hawkins reported some amend- ments, which were adopted by the Senate, and the bill, as amended, was then read a third time and passed. * * * The amendments of the Senate received, on the 5th, the con- H. Journal, currence of the House. p. 598. Eliphalet The petition of Eliphalet Ledd, praying for the remission of Id. p. 578. º P* the duties on a small quantity of goods saved from a wreck on the coast of Massachusetts, was presented to the House of Re- presentatives on the 16th of April, 1792, and referred to the se- cretary of the treasury; and on his report being received on the 20th, Messrs. Fitzsimons, Gerry, and Murray, were appointed Bill to re- to bring in a bill making a general provision for the case of the Id. p. 583. mit duties - - - - - - - - on goods petitioner, and others, in similar circumstances. Accordingly, Id, p. 586. saved from on the 24th of April, Mr. Fitzsimons presented a bill to autho- * rize the remission of certain duties, which was then read a first and second time, and committed; and, on the 1st of May, the Id, p. 593. bill was considered, read a third time, and passed. In the Se- s. Journal, nate, the bill received its first and second reading on the same P. ** day, and was referred to Messrs. Cabot, King, and Burr; and, Rejected on the 3d, Mr. Cabot, from this committee, made an unfavoura- Id, p. 437. ** ble report, and the bill was rejected. 372 HISTORY OF CONGRESS. CHAP. III. 2d Congress. 2d Session. Bill con- cerningdu- ties on spirits, wines, and teas. 1st Congress. 2d Session. º National Revenue—Imposts. A few days before the close of the second session of the se- cond Congress, on the 27th of February, 1793, the House of Representatives appointed Messrs. Fitzsimons, Thatcher, and Tucker, a committee to prepare and bring in a bill making fur- ther provision for securing and collecting the duties on foreign and domestic distilled spirits, stills, wines, and teas. And, on the 28th, Mr. Fitzsimons, from this committee, presented a bill of that title and import, which was then read a first and second time, and committed to a committee of the whole house. On the evening of the 2d of March, just before the adjournment of Congress, the house resolved itself into committee of the whole on this bill, and reported that some progress had been made therein. The committee was then discharged from its further consideration, and thus the bill was lost. -º- A considKRABLE modification of the imposts was effected during the first Congress, by a bill, of which the following is a history. On the 3d of March, 1790, the House of Representatives adopt- ed the following resolution:— “ Resolved—That the secretary of the treasury be instructed to report to this house such funds as, in his opinion, may be raised and applied towards the payment of the interest of the debts of the individual states, should they be assumed by Con- gress.” On the 14th, the speaker laid before the house a letter from the secretary of the treasury, covering his reports, made in pur- suance of the above resolution. And on the 21st of June, 1790, the House of Representatives appointed a committee, consist- ing of Messrs. Fitzsimons, Madison, Sedgwick, Sherman, and Paymentof Tucker, to report a plan, making provision for the payment of interest on U. States’ debts. Committee report. Resolu- tions of house. interest on the debts of the United States. And, on the 29th, Mr. Fitzsimons, from this committee, made a report, which was ordered to be committed to a committee of the whole house. The report was made the subject of consideration by this com- mittee, during the two next succeeding days; and several reso- lutions were reported, which were considered by the house on the 2d of July, when the following resolutions were adopted:— “Resolved—That an addition of thirty-three and one-third cents be made to every one hundred cents of the duties now 1793. H. Journal, p. 720. Id. p. 722. Id, p. 734. 1790. H. Journal, p. 166, 167, Id. p. 246, d p. 253, Id.p.254– 256. HISTORY OF CONGRESS. 373 Chap. III. National Revenue—Imposts. 1790. º payable upon goods, wares, and merchandises, imported into the 2d Session. United States. -- º “That, in addition to the foregoing, there be levied and col- House, lected upon the following articles, - - CENTs. “Distilled spirits, per gal., - - - - - - 1; “Madeira wine, - - - - - - - 8 “Other wines, - - - - - - - - 5 ** Molasses, - - - - - - - - | “Bohea tea, per lb., - - - - - - - 2 “Souchong, and other black teas, - - - - 4% “Hyson tea, - - - - - - - - 5% “Other green teas, - - - - - - - 4; “Coffee, - - - - - - - - - # “Brown sugar, - - - - - - - - # “Loaf sugar, per lb., - - - - - - - 1. “All other sugars, - - - - - - - # “Pepper, - - - - - - - - - - - 5 ** Pimento, - - - - - - - - 3. “Nutmegs, - - - - - - - - 25 ** Mace, - - - - - - - - - 25 - “Cinnamon, - - - - - - - - - 20 “Cloves, - - - - - - - - - 12; “Cassia, - - - - - - - - - 10 * Resolved—That, after the day of , the discount of ten per cent. of the duties on goods, wares, and merchandise, im- ported in ships or vessels, the property of a citizen or citizens of the United States, be discontinued, and that an addition of ten per cent. be made to the duties on goods, wares, or merchandise, im- ported in any other ship or vessel.” Committee Messrs. Fitzsimons, Tucker, and Sherman were then appointed it. Journal, ºpte a committee to bring in a bill, or bills, pursuant to these resolutions. p. 269. On the 13th, Mr. Fitzsimons, from this committee, presented a bill “making further provision for the payment of the debts of the United States,” which was then read a first time; and re- ceived its second reading, and was committed, in the usual form, Bill passed on the following day. On the 15th, the bill was considered in Id, p.271. by House. committee, and reported without amendment, and being amend- ed in the house, on the next day, was ordered to be engrossed for a third reading. The blanks having been filled up, on the 19th, Id. p. 272, and the bill having been read the third time, the question on its 373. passage was put, and decided in the affirmative, as follows:— Ayes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cad- 374 HISTORY OF CONGRESS. Ch.A.P. III. National Revenue—Imposts. 1790. º walader, Carroll, Clymer, Coles, Contee, Fitzsimons, Floyd, Gil- - man, Hartley, Heister, Huntington, Jackson, Lawrance, Liver- - more, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Van Rensselaer, Scott, Seney, Sevier, Sherman, Silvester, Sin- nickson, Steele, Sturges, Sumpter, Tucker, Wining, White, Wil- liamson, Wynkoop.–40. - Noes—Messrs. Ames, Benson, Foster, Gale, Gerry, Goodhue, Grout, Leonard, Partridge, Sedgwick, Smith, of Maryland, Smith, of South Carolina, Thatcher, Trumbull, Wadsworth.-15. Read twice On the 20th, this bill was read a first time in the Senate, and S. Journal, ºa”. on the next day it was taken up on the question of its second Pº”. mitted, reading, and committed to Messrs. Lee, Izard, Morris, Ellsworth, and Few, Mr. Lee, from this committee, reported on the 2d of Amended. August Sundry amendments to this bill, so as to make it read as follows:— Bill as “Whereas, by an act, entitled ‘An act for laying a duty on Idp.194– amended. goods, wares, and merchandises, imported into the United States,' 196 divers duties were laid on goods, wares, and merchandise, so im- ported, for the discharge of the debts of the United States, and the encouragement and protection of manufactures; and where- as the support of government, and the discharge of the said debts, render it necessary to increase the said duties:– “Sect. 1. Be it enacted by the Senate and House of Representa- tives of the United States of America, in Congress assembled—That, from and after the last day of December next, the duties speci- fied and laid in and by the act aforesaid, shall cease and deter- mine; and that, upon all goods, wares, and merchandise (not herein particularly excepted) which, after the said day, shall be brought into the United States, from any foreign port or place, there shall be levied, collected, and paid, the several and respec- tive duties following; that is to say:- CENTS. “Madeira wine, of the quality of London particular, per gallon, - - - - - - - - 35 “Other Madeira wine, per gallon, - - - - 30 “Sherry wine, per gallon, - - - - - 25 “Other wines, per gallon, - - - - - 20 - “Distilled Spirits. “If more than ten per cent, below proof, according to Dicas's hydrometer, per gallon, - - - 12 “If under five, and not more than ten per cent, below proof, according to the same hydrometer, per gallon, 124 HISTORY OF CONGRESS, 375 Chap. III. National Revenue—Imposts. 1790. 1st Congress. CENTS, 2d Session. “If of proof, and not more than five per cent, below proof, Bill as according to the same hydrometer, per gallon, - 13 amended, “If above proof, but not exceeding twenty per cent., according to the same hydrometer, per gallon, - 15 “If of more than twenty, and not more than forty per cent. above proof, according to the same hydrometer, per gal., 20 “If of more than forty per cent. above proof, according to the same hydrometer, per gallon, - - - 25 “Molasses, per gallon, - - - - - - 3 “Beer, ale, and porter, in casks, per gallon, - - .. 5 “Beer, ale, and porter, in bottles, per dozen, - - 20 “Teas from China and India, in ships or vessels of the United States. “Bohea, per lb., - - - - - - - 10 “Souchong and other black teas, per lb., - - - 18 “Hyson, per lb., - - - - - - - 32 “Other green teas, per lb., - - - - - 20 “Teas from Europe, in ships or vessels of the United States. “Bohea, per lb., - - - - - - - 12 “Souchong and other black teas, per lb., - - - 21 “Hyson, per lb., - - - - - - - 40 “Other green teas, per lb., - - - - - - 24 “Teas from any other place, or in any other ships or vessels. “Bohea, per lb., - - - - - - - 15 “Souchong and other black teas, per lb., - - - 27 “Hyson, per lb., - - - - - - – 50 “Other green teas, per lb., - - - - - - 30 * Coffee, per lb., - - - - - - - 4 “Cocoa, per lb., - - - - - - - 1. “Loaf sugar, per lb., - - - - - - - 5 “Brown sugar, per lb., - - - - - - 14 “Other sugar, per lb., - - - - - - 24 “Candles of tallow, per lb., - - - - - - 2 “Candles of wax or spermaceti, per lb., - - - 6 “ Cheese, per lb., - - - - - - - 4 “Soap, per lb., - - - - - - - - - 2 “Pepper, per lb., - --- - --- - 4 “Pimento, per lb., - - - - - - - 4 “Manufactured tobacco, per lb., - - - - - 6 “Snuff, per lb., - -- ", - - - - - 10 “Indigo, per lb., - - - - - - - 25 “Cotton, per lb., - - - - - - - 3 “Nails and spikes, per lb., - - - - - - 1 “Bar and other lead, per lb., - - - - - 1 376 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts. 1791. 1st congress. CENTS, *** - “Steel, unwrought, per 112 lbs., - - - - 75 Bill as “Hemp, per 112 lbs., - - - - - - 60 * “cables, per 112 lbs., - - - - - - 150 “Tarred cordage, per 112 lbs., - - - - - 150 “ Untarred cordage and yarn, per 112 lbs., - - - 180 “Twine and pack-thread, per 112 lbs., - - - 400 “Salt, per bushel, - - - - - - - 12 “Malt, per bushel, - - - - - - - 10 “Coal, per bushel, - - - - - - - 3 * Boots, per pair, - - - - - - - 50 “Shoes, slippers, and golo-shoes, made of leather, per pair, 7. * “Shoes and slippers, made of silk or stuff, per pair, - 10 “Wool and cotton cards, per dozen, - - - - 50 “Playing cards, per pack, - - - - - - 10 “Coaches, chariots, phaetons, chaises, chairs, solos, or other carriages, or parts of carriages, 15% per centum ad valorem. “All goods, wares, and merchandise (except teas) from Y - S. Jºurnal, China or India, in ships or vessels not of the United s & P. 197. States, - - - - - - - - > §§ ** All China ware, - - - - - - - §§ “Looking glasses, window and other glass, and all ma- § s nufactures of glass, (black quart bottles excepted,) - “Marble, slate, and other stones, bricks, tiles, tables, mortars, and other utensils of marble or slate, and generally all stone and earthenware, - - - “Blank books, - - - - - - - “Writing-paper, and wrapping-paper, paper hangings paste-boards, parchment, and vellum, - - “Pictures and prints, - - - - - - “Painters’ colours, including lamp-black, except those commonly used in dyeing, - - - - “Gold, silver, and plated ware, - - - - “Gold and silver lace, - - - - - - “Jewellery and paste work, - - - - - ** Clocks and watches, - - - - - - “Shoe and knee-buckles, - - - - - “Groceries, (except the articles before enumerated;) namely: cinnamon, cloves, mace, nutmegs, ginger, anniseed, currants, dates, figs, plums, prunes, rai- sins, sugar candy, oranges, lemons, limes, and generally all fruits and comfits, olives, capers, and pickles of every sort, ** Oil, - - - - - - - - - “Gunpowder, - - - - - - - - “Mustard in flour, - - - - - - - > HISTORY OF CONGRESS. 377 - CHAP. III. National Revenue—Imposts. 1790. 1st Congress. “Cabinet wares, - - - -- - - - - - 2d Session. H. “Buttons, - - - - - - - Bill as “Saddles, - - - - - - - - amended. “Gloves of leather, - - - - - " - ~g - “Hats of beaver, felt, wool, or a mixture of any of them, j “Millinery, ready made, - - - - - º “Castings of iron, and slit and rolled iron, - - § “Leather, tanned or tawed, and all manufactures of which - s leather is the article of chief value, except such as are i Š. herein otherwise rated, - - - - - š. “Canes, walking sticks, and whips, - - - § “Clothing, ready made, - - - - - - “ Brushes, – - - - - - - - “Anchors, – - - - - - - - “All wares of tin, pewter, or copper, all or any of them, D “Medicinal drugs, except those commonly used in *] ing carpets and carpeting, - - - - º “All velvets, velverets, satins, and other-wrought silks, > cambrics, muslins, muslinets, lawns, laces, gauzes, chintzes, and coloured calicoes, and nankeens, - “All other goods, wares, and merchandise, except bullion, tin in pigs, tin in plates, old pewter, brass, tutenague, iron and brass wire, copper in plates, saltpetre, plaster of Paris, wool, dyeing woods and dyeing drugs, raw hides and skins, furs of every kind, the sea stores of ships or vessels, the clothes, books, household furniture, and the tools or implements of the trade or profession of persons who come to reside in the United States, philosophi- cal apparatus, specially imported for any seminary of learning, all goods intended to be re-exported to a foreign port or place in the same ship or vessel in which they shall be imported, and, generally, all articles of the growth, produce, or manufacture of the United States, five per centum ad valorem. “Sect. 2. And be it further enacted—That an addition of ten per centum shall be made to the several rates of duties above specified and imposed, in respect to all goods, wares, and mer- chandise, which, after the said last day of December next, shall be imported in ships or vessels not of the United States, except in the cases in which an additional duty is herein before spe- i cially laid on any goods, wares, or merchandise, which shall be imported in such ships or vessels. “ Sect. 3. And be it further enacted—That all duties which shall be paid, or secured to be paid, by virtue of this act, shall be returned or discharged, in respect to all such goods, wares, or merchandise, whereupon they shall have been so paid, or secured WoL. I.-48 - - 378 HISTORY OF CONGRESS. CHAP, III. National Revenue—Imposts. 1790. 1st Congress. 2d Session. Bill as amended. to be paid, as, within twelve calendar months after payment made, or security given, shall be exported to any foreign port, or place, except one per centum on the amount of the said duties, which shall be retained as an indemnification for whatever expense may have accrued concerning the same. * Sect. 4. And be it further enacted—That there shall be allowed and paid, on dried and pickled fish, of the fisheries of the United States, and on other provisions salted within the said states, which, after the said last day of December next, shall be exported therefrom to any foreign port, or place, in lieu of a drawback of the duty on the salt which shall have been expend- ed thereupon, according to the following rates; namely:— “Dried fish, per quintal, - - - - 9 centS. “Pickled fish, and other salted provisions, per bar- rel, - - - - - - - 9 cents. “Sect. 5. And be it further enacted—That where duties by this act are imposed, or drawbacks allowed, on any specific quan- tity of goods, wares, and merchandise, the same shall be deemed to apply in proportion to any quantity less than such specific quantity. “Sect. 6. And be it further enacted—That all duties which, by virtue of the act, entitled ‘An act for laying a duty on goods, Motions to. amend. wares, and merchandise, imported into the United States,” ac- crued between the time specified in the said act for the com- mencement of the said duties, and the respective times when the collectors entered upon the duties of their respective offices in the several districts, be, and they are hereby, remitted and dis- charged; and that, in any case in which they may have been paid to the United States, restitution thereof shall be made. S. Journal, p. 198. “Sect. 7. And be it further enacted—That the several duties im- posed by this act shall continue to be collected and paid, until the debts and purposes for which they are pledged and appropriated shall be fully discharged: Provided, That nothing herein con- tained shall be construed to prevent the legislature of the United States from substituting other duties, or taxes of equal value to any or all of the said duties and imposts.” It was moved, on the 4th, to amend the report so as that a duty of 6 cents may be collected on every pound of cotton im- ported, instead of 3 cents; but the motion was decided in the negative. It was then moved to amend the report, so as that a duty may he collected on every 112 lbs. of imported cables and tarred HISTORY OF CONGRESS. 379 CHAP. III. National Revenue—Imposts. 1790. º cordage, of 120, instead 150 cents; but this motion was also de- — termined in the negative. The like success attended another motion to amend the re- port, so as that the duty on every bushel of imported salt should be 8 cents, instead of 12 cents; and, also, a subsequent motion to amend the report, so as that the drawback on every quintal of dried fish should be 10, instead of 9 cents; and on every bar- rel of pickled fish, and other salted provisions, should be 10 cents instead of 9 cents. - The report of the committee was then adopted as an amend- S. Journal, ment to the bill, and it was ordered, as amended, to pass to the P. 198,199. third reading. On the 5th, the Senate proceeded to the third reading of this bill. It was then moved to reduce the duty on every 112 lbs. of imported hemp, from 60 to 50 cents; which motion was decided in the negative. A motion was then made to reconsider this question, which was agreed to; and a motion to reduce the duty - - to 54 cents on every 112 lbs. of hemp was successful. It was - then agreed to amend the bill, so that the duty on every 112 lbs. of imported cables and tarred cordage should be 100 cents, in- stead of 150 cents; on untarred cordage and yarn, 150 cents for every 112 lbs., instead of 180 cents; and on every 112 lbs. of twine and pack-thread, 300, instead of 400 cents. It was then moved and agreed to, that the following clause, to wit: “All goods, wares, and merchandise, (except teas,) from º China or India, in ships or vessels not of the United States,” should be amended and transposed, so as to succeed the word “ nankeens,” the last of the enumerated articles, as follows:– “all goods, wares, and merchandise, imported directly from Chi- na or India, in ships or vessels not of the United States, (teas ex- cepted,) 12% per centum ad valorem.” An amendment was also adopted in the following clause, and on “all wares of tin, pewter, or copper, all or any of them ; medicinal drugs, (except those commonly used in dyeing.) carpets, } and carpeting, all velvets, velverets, satins, and other wrought, silks, cambrics, muslins, muslinets, lawns, laces, gauzes, chintzes, and coloured calicoes, and nankeens,” the duty was changed from 5% to 7% per centum ad valorem. A motion to amend the last clause of the first section, by in- serting the word “ undressed,” between the words “skins,” and “furs,” was agreed to. In the fifth section of the amendments, it was then agreed to insert, between the words “quantity,” and “less,” the words “greater or.” Motions to amend. 380 HISTORY OF CONGRESS. - CHAP. III. 1st Congress. 2d Session. - Bill passed. House con- sider a- mend- inents. Senate COIncur. 3d Session. Bill to ex- plainanda- mend act making further provision National Revenue—Imposts. 1790. The motion to amend the report, by making the drawback on every quintal of dried fish, exported, 10 cents, instead of 9 cents, and on every barrel of pickled fish and salted provisions, 10 cents, instead of 9 cents, was renewed, and was agreed to. It was then resolved that the bill do pass in its amended form. The House of Representatives proceeded, on the 5th, to con- H. Journal, sider the amendments of the Senate, and resumed their conside-" ration on the following day. It was then resolved that the House agree to all the amendments, with amendmends to the second amendment, as follows:— “Page 2d, line 21st. Strike out “under,’ and insert “more than.” “Page 4, line 27. Strike out “all goods, wares, merchandise, (except teas) from China or India, in ships or vessels not of the United States.” “Page 6, line 32. Insert, as an additional clause, “all coaches, chariots, phaetons, chaises, chairs, solos, or other carriages, or parts of carriages, fifteen and a half per centum ad valorem.’ “Same page and line, prefix to the last clause ‘and five per centum ad valorem upon,' and strike out the words : five per cen- tum ad valorem,” at the end of the same.” It was then moved to amend the report by striking out the words “twelve cents,” for the duty on salt; which motion was decided in the negative, as follows:— Ayes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Id. p. 292. Coles, Foster, Goodhue, Grout, Hathorn, Huger, Jackson, Leo- nard, Madison, jr., Mathews, Moore, Muhlenberg, Partridge, Scott, Seney, Sevier, Smith, of South Carolina, Steele, Sumpter, Thatcher, Tucker, White, Williamson.—28. JVoes—Messrs. Ames, Benson, Boudinot, Cadwalader, Carroll, Clymer, Fitzsimons, Floyd, Gale, Gerry, Griffin, Hartley, Hun- tington, Lawrance, Lee, Livermore, Page, Parker, Van Rensse- laer, Schureman, Sherman, Silvester, Sinnickson, Smith, of Ma- ryland, Stone, Sturges, Trumbull, Vining, Wadsworth, Wyn- koop.–30. The Senate, on the 7th, concurred in the amendments of the S. Journal, House. p. 203. On the 14th of February, 1791, the house appointed Messrs. 1791. Madison, Wadsworth, and Leonard, to be a committee to pre-Hjournal, pare and bring in a bill to explain so much of the act, entitled P.37% “An act making further provision for the payment of the debts of the United States,” as imposes a duty on imported lead, and HISTORY OF CONGRESS. 381 CHAP. III. National Revenue—Imposts. - 1791. Istgongress, on calicoes. And, on the 21st, Mr. Madison, from this com- H. Journal. 3d Session. - - - - 385 - mittee, presented a bill to explain and amend the act, entitled P. “” ...”. “An act making further provision for the payment of the debts debts of of the United States,” which was then read the first and second U. States. time, and ordered to be engrossed; and, on the next day, was Passed, read the third time and passed. On the 22d, 23d, and 24th, the S. Journal, bill passed through its various stages in the Senate. $30. 278– -º- - #º. ON the 8th of March, 1792, the House of Representatives di- 1792. T rected the secretary of the treasury to report his opinion of the H. Journal, best mode for raising the additional supplies, requisite for the P. * ensuing year; the question, after discussion, which occupied the - day, as well as part of the preceding day, being determined in the affirmative, by the following vote:— - Jāyes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Id. p. 531. Bourne, Gerry, Gilman, Goodhue, Gordon, Hillhouse, Huger, Jacobs, Kitchell, Lawrance, Learned, Livermore, Murray, Schoonmaker, Sedgwick, Seney, W. Smith, Steele, Sterrett, Sturges, Silvester, Thatcher, Tucker, Vining, Wadsworth, Ward, Wayne.—31. Noes—Messrs. Ashe, Baldwin, Brown, Clarke, Findley, Fitz- simons, Giles, Gregg, Griffin, Grove, Heister, Key, Kittera, Lee, Macon, Madison, Mercer, Moore, Muhlenberg, Niles, Page, Parker, Tredwell, Venable, White, Williamson, Willis.-27. The secretary made a report, in reply to this order, on the Id, p. 538. 17th, and it was committed to a committee of the whole house. --- The report was considered in committee of the whole on the 5th, Id. p. 563. 6th, and 7th of April, when the following resolutions were re- 566, 567. ported and agreed to by the House:— * Resolved—That the existing duties on the articles hereafter enumerated, be repealed, and that, instead thereof, the following duties be imposed; to wit: ** On Jºnes. CENTS. Details of “Madeira, of the quality of London particular, per gallon, 56 duties, “Ditto, London market, ditto, 49 “Other Madeira wine, per gallon, - - - 40 “Sherry, per gallon, - - - * - 33 “St. Lucar, per gallon, - - - - 30 “Lisbon, per gallon, - - - - - 25 “Oporto, per gallon, - - - - 25 “Teneriffe, and Fayal, per gallon, - - - 20 º- 382 HISTORY OF CONGRESS, - CHAP. III. National Revenue—Imposts. #º. “ All other wines, forty per centum ad valorem, provided S ession. - - - the same shall not, in any case, exceed thirty-three cents per T]etails of duties, gallon. “Spirits. “Those distilled wholly, or chiefly, from grain." CENTs. “Of the first class of proof, and under, per gallon, - 28 “Of the second class of proof, per gallon, - - 29 ** Of the third ditto, ditto, - - 31 “Of the fourth ditto, ditto, - - 34 “Of the fifth ditto, ditto, - - 40 “Of the sixth, ditto, ditto, - - - 50 “Other Distilled Spirits. “Of the second class of proof, and under, per gallon 25 ** Of the third ditto, ditto, - 28 “Of the fourth, ditto, ditto, - 32 “Of the fifth, ditto, ditto, - 38 “Of the sixth, ditto, ditto, - 46 “Beer, ale, and porter, per gallon, - - - 8 “Steel, per cwt., - - - - - 100 “Nails, per lb., - - - - - 2 “Cocoa, per lb., - - - - - 3 “Chocolate, per lb., - - - - 3 “Playing cards, per pack, - - - - 25 “Shoes and slippers, of silk, per pair, - - 20 “Shoes and slippers, of stained or coloured leather, (other than black,) for men and women, per pair, - 10 “Shoes and slippers, for children, per pair, - - 7. “All other shoes, (for men and women,) clogs and golo shoes, per pair, - - - 10 “All other shoes and slippers, for children, per pair, 7. “On Salts, called Glauber salts, and on sal ammoniac, for every 112 lbs., - - - - - 200 * Articles ad valorenz. “China wares, - - - - - ~ “Looking-glasses, window, and other glass, and all ma- . nufactures of glass, (black quart bottles excepted,) $ “Muskets, pistols, swords, cutlases, hangers, and other fire and side-arms, – - - - § “Starch, - - - - - > s “Hair powder, - - - - - š. “Wafers, - - wº- - - § ** Glue, - - - - - -- - § “Woollen laces, fringes, and paper hangings, - - 1792. HISTORY OF CONGRESS, 383 | Ch.A.P. III. National Revenue—Imposts—Defence of Frontier. 1792. #º. “Cast, slit, and rolled iron, and, generally, all manufac- H. Journal, SSlon. - - 1st Session. tures of iron, steel, tin, pewter, copper, brass, or of p. 568. ** which either of these metals is the article of chief UlúCS, value, (not being otherwise particularly enumerated,) other than brass and iron wire, - - “Cabinet wares, - - - - “Leather tanned and tawed, and all manufactures of lea- ther, or of which leather is the article of chief value, not being otherwise particularly enumerated,) “Medicinal drugs, except those commonly used in dyeing, “Hats, caps, and bonnets, of every sort, - “Gloves and mittens, - -- - - “Stockings, - - -- - - “Millinery, ready made, - - - s “Artificial flowers, feathers, and other ornaments for wo. s men’s head dresses, – - - - § “Fans, - - - - - - } . “Dolls, dressed and undressed, - - - s “Toys, - - - - - - § “Buttons of every kind, - - - § “Carpets and carpeting - - - - “Sail cloth - - - - - “Sheathing, and cartridge paper, - - “All powders, pastes, balls, balsams, ointments, oils, waters, washes, tinctures, essences, liquors, or other preparation or composition, commonly called sweet scents, odours, perfumes, or cosmetics, - “All dentifrice, powders, tinctures, preparations or com- º positions whatsoever, for the teeth and gums, “Printed books, (except those specially imported for a college, academy, or other public or incorporated se- minary of learning or instruction, which shall be wholly exempted from duty,) -- - J “Resolved—That the foregoing duties be appropriated, in the Id, p. 569. first place, to the payment of the interest of the public debt; in the second, to such other grants and appropriations as have been heretofore made, and as shall be made during the present session; and, in the third, to the purposes of the ‘Act for making further and more effectual provision for the protection of the frontiers of the United States.” “ Resolved—That an addition of two and a half per centum ad valorem, be made to the duty on all goods heretofore rated at five per centum ad valorem. * Resolved—That in the future collection of duty on salt, a bushel of salt be estimated as weighing fifty-six pounds. - 384 HISTORY OF CONGRESS. CHAP. III. National Revenue—Defence of Frontier. 1792. 2d Congress. “Resolved—That the additional duty of two and a half per 1st Session. - - centum on goods heretofore charged with a duty of five per cen- tum ad valorem, be appropriated to the purposes of the ‘Act making further and more effectual provision for the protection of the frontiers of the United States.” And the said additional duty shall continue for two years, and no longer. “ Resolved—That the before recited duties shall commence and take effect on the day of “ Resolved—That all wines imported after the day of —, be marked at the time of importation; and that certifi- - cates accompany the same, in like manner, as is provided by the act repealing, after the first day of June next, the duties hereto- - fore laid upon distilled spirits imported from abroad. “Resolved—That the term of the payment of duties (where the sum shall exceed fifty dollars,) on salt, and West India pro- duce, be extended to ; and that, from and after the day of next, the duties on all other goods, wares, or mer- chandise, other than wines or teas, be payable, the one half in six, the other in twelve months, from the time of importation. “Resolved—That the President of the United States be autho- rized to borrow a sum not exceeding five hundred and twenty- three thousand five hundred dollars, for the purpose of defray- ing the expenses which may be incurred in pursuance of an act, entitled ‘An act making further and more effectual provision for the protection of the frontiers of the United States; and that the funds herein appropriated to the said purposes, be applied to the discharge of such loan: Provided—That the rate of interest shall not exceed per cent, per annum, and that the principal be payable at the pleasure of the United States.” “Resolved—That the allowance on the importation of pickled fish and salted provisions, and also to vessels employed in the cod fishery, be made conformably to the increased duty on salt.” Biſſ for It was then ordered that Messrs. Fitzsimons, Sedgwick, and H. Journal, F. * Lee, prepare and bring in the necessary bill to carry these reso- P. 575. sum of lutions into effect. On the 11th of April, Mr. Fitzsimons, from *"... this committee, presented a bill for raising a further sum of mo- tion of the ney for the protection of the frontiers, which was then read the * first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole on Id.p.580 the 17th and 18th, when several amendments were reported. ” And on the 19th, the house proceeded to consider these amend- ments. It was then moved to amend the bill by adding to the end, the following clause:— HISTORY OF CONGRESS. 385 CHAP. III. National Revenue—Defence of Frontier. 1792. 2d Congress. 1st Session. Passed by house. “And be it further enacted—That this act shall continue until the day of , and until the next session of Congress, which shall happen thereafter, and no longer; and that, from and after the expiration of the same, the duties hereby extinguished and repealed, shall be revived, collected, and appropriated, in the same manner they would have been, had this act never been passed.” The question being taken on this motion, the result was as ſol- lows:— Ayes–Messrs. Ashe, Baldwin, Brown, Findley, Giles, Gregg, Griffin, Grove, Heister, Jacobs, Lee, Macon, Madison, Mercer, Moore, Niles, Page, Parker, Schoonmaker, Seney, Sheridan, Jere. Smith, I. Smith, Steele, Sturges, Sumpter, Tredwell, Tucker, Venable, White, Williamson, Willis.-32. Noes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Key, Kitchell, Kittera, Law- rance, Learned, Livermore, Muhlenberg, Murray, Wm. Smith, Sterrett, Silvester, Thatcher, Wining, Wadsworth, Ward.—31. The speaker (Trumbull) then declared himself to be in the negative; and this equalizing the votes, the motion was lost. The bill was further amended, and amended on the 20th, and H. Journal, was ordered to be engrossed for the third reading, and, on the day p. 583,584. following, the blanks having been filled, it was read the third time, and passed, the final vote being as follows:– Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Brown, Clarke, Findley, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Key, Kitchell, Kit- tera, Lawrance, Learned, Livermore, Moore, Muhlenberg, Mur- ray, Niles, Wm. Smith, Steele, Sterrett, Sturges, Silvester, Thatcher, Vining, Wadsworth, Ward, White.—37. JVoes–Messrs. Ashe, Baldwin, Giles, Grove, Macon, Madison, Mercer, Page, Parker, Schoonmaker, Seney, Sheridan, Jere. Smith, I. Smith, Sumpter, Tredwell, Tucker, Venable, William- son, Willis.-20. - - The bill was then passed, the title being “An act for raising a further sum of money for the protection of the frontiers, and for other purposes therein mentioned.” In the Senate, this bill received the first and second reading on s. Journal, the 23d, and on the 25th, was ordered to the third reading. On p.430,431. the following day, Mr. Burr presented a memorial from a num- ber of New York merchants against any increase of duties, and Vol. I-49 386 HISTORY OF CONGRESS. CHAP. III. - National Revenue—Defence of Frontier. 1792. 2d Congress, the third reading of the bill was then resumed. It was then Ist Session. - *— moved to amend the first section as follows:— “That, from and after the last day of June next, the duties S. Journal, now in force upon the articles hereinafter enumerated and de-P. 432. scribed, at their importation into the United States, shall cease, until the last day of June, one thousand seven hundred and nine- ty-four, and in lieu thereof, there shall be thenceforth, for the space of two years from the said last day of June next, laid, le- vied, and collected, upon the said articles, at their said importa- tion, the several and respective rates or duties following.” The motion was decided in the negative; as also was a motion to amend the first section, so as to limit the duration of the afore- said duties to five years, instead of two, as proposed in the above amendment. 2d Session. It was then moved and agreed to, to insert an amendment in line fourth of the sixth section, so as that the clause stand thus:– “And that, in addition thereto, there shall be allowed and paid upon provisions salted within the United States, (except upon dried fish) upon the exportation thereof to any foreign port or place, as follows; to wit: on pickled fish, at the rate of eight cents per barrel, and other provisions at the rate of five cents per barrel.” - It was also agreed to expunge these words from the last line of an amendment adopted in the second reading of the bill, as part of the eighteenth section; to wit: “under the laws of any state, or of the United States.” It was then moved and agreed to, to adopt the following pro- vision, agreed to in the second reading of the bill as the eighteenth section; namely:— “And be it further enacted and declared—That if the principal in any bond, which shall have been given to the United States for duties on goods, wares, and merchandise imported, and on the tonnage of ships or vessels, or either of them, shall be insolvent, or if such principal being dead, his or her estate and effects, which shall have come to the hands of his or her executors or adminis- trators, shall be insufficient for the payment of his or her debts, and if in either of the said cases any surety in the said bond, or the executors and administrators of such surety, shall pay to the United States the moneys thereupon due, such surety, his or her executors or administrators, shall have and enjoy the like ad- - - HISTORY OF CONGRESS. 387 CHAP. III. National Revenue—Defence of Frontier—Imposts. 1792. tº vantage, priority, and preference, for the recovery and receipt of the said moneys out of the estate and effects of such insolventor deceased principal, as are reserved and secured to the United States by the forty-fourth section of the act, entitled ‘An act to provide more effectually for the collection of duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels,’ and shall and may bring and maintain a suit upon the said bond, in law or equity, in his, her, or their, own name or names, for the recovery of the moneys which shall have been paid thereupon. “And it is further declared—That the cases of insolvency in the said forty-fourth section mentioned, shall be deemed to extend as well to cases in which a debtor, not having sufficient property to pay all his or her debts, shall have made a voluntary assignment thereof, for the benefit of his or her creditors, or in which the estate and effects of an absconding, concealed, or absent debtor, shall have been attached by process of law (as to cases in which an act of legal bankruptcy shall have been committed.”) The above amendment was, on the following day, amended in the first clause, to read as follows:— Billamend. “And be it enacted and declared—That, if the principal in any º i bond, which shall be given to the United States for duties on Passed, goods, wares, and merchandises imported, shall be insolvent.” The bill was then passed in its amended form; and on the 27th, the House of Representatives agreed to these amendments, with an amendment, which was, on the following day, concurred in by the Senate. Heaton's On the 12th of January, 1793, a petition of Robert Heaton, of Petition the county of Westchester, in the state of New York, was pre- sented to the House of Representatives. The petitioner prayed to be exempted from the payment of the duty imposed by law on sundry horses and other cattle, which he had imported. This petition was referred to Messrs. Benson, Sedgwick, and Madison. On the 29th, Mr. Benson, from this committee, made a report; and, on the 7th of February, the house considered the report, *::::: and adopted a resolution, declaring it advisable “that the seve- ... ... ral impost laws of the United States, so far as they may be º . deemed to impose a duty on horses, and other useful beasts, im- fire. ... ported into the United States for breed, be repealed.” The same * repeal committee was then instructed to bring in a bill, pursuant to this laws impo- - - - sing tº. resolution. Mr. Benson, from this committee, presented, on the S. Journal, p. 433. H. Journal, p. 591. S. Journal, p. 434. 1793. H. Journal, p. 668. Id. p. 685. Id. p. 695. 388 HISTORY OF CONGRESS. CHAP. III. National Revenue—Imposts. - 1793. §gº 12th, a bill for repealing the several impost laws of the United — States, so far as they may be deemed to impose a duty on useful beasts imported for breed, and for remitting the duties hereto- fore accrued on such importations, in the cases where they have only been secured to be paid. This bill was then read the first and second time, and committed. The bill was considered in H. Journal, committee on the 21st of February, and being reported without * º, 11 amendment, was ordered to the third reading, which, on the #!" 23d, it received. On the 23d and 25th, the bill passed through S. journal, its several readings, and was amended by the Senate, and the ; : TIouse agreed to the amendments. pºiſ. y Senate bill On the 7th of February, the Senate appointed Messrs. Bradley, S. º º, to Gunn, and Few, a committee to report “a bill, supplementary to * * the collec- the act, entitled ‘An act to provide more effectually for the col- * lection of the duties imposed by law on goods, wares, and mer- chandise, imported into the United States, and on the tonnage - - of ships or vessels.” And on the 11th, Mr. Bradley, from this Id, p. 483. committee, reported a bill, bearing the above title; which was then read the first time, and received its second reading on the following day; and, on the 14th, having been amended, it was Id, p. 484. read the third time, and passed. In the House the bill was, on the 15th, committed to Messrs. Goodhue, Hindman, and Jere. Id. p. 486. Smith. On the 22d, Mr. Goodhue, from this committee, report- H. Jourº, ed an amendment, which was committed, with the bill, to a com- p.703,704. mittee of the whole house; and on the 25th, the bill was before Id, p.713, the committee, and several amendments were reported, which Id, p.717. received the concurrence of the house, and the bill was then read the third time and passed. The Senate, on the 27th, agreed S. Journal, to some of the amendments made by the house, and agreed p. 496. to reconsider the second amendment, and to refer this amend- ment, with the amendments subsequent thereto, to Messrs. King, Morris, and Cabot. On the following day, Mr. King reported Id, p. 499. an amendment to the amendment which was agreed to. The house concurring, on the 1st of March, in this amendment, the H.Journal bill was finally passed. p. 725, Jacob On the 22d of November, 1792, the secretary reported on the H. Journº, - #. º, petition of Jacob Bell, who, so long before as the 7th of De- º duties to cember, 1790, (at the third session of the first Congress,) had pe. . *nd tioned the House of Representatives to be refunded certain du- - ties, to the payment of which he had been subjected by a mis- take of the collector of the port of New York. On the 5th of Id. p. 691. February, the report of the secretary was considered by a com- - mittee of the whole, who reported the following resolution, which was agreed to by the house:— - HISTORY OF CONGRESS. 389. CHAP. III. National Revenue—Proceedings as to Duties. 1793. §§." “Resolved—That the duty on a quantity of pickled fish, amount- - ing to ninety-seven dollars and fifty cents, to the payment of Resolution, which the said Jacob Bell has been subjected, by a mistake of the collector of the port of New York, be reſunded to him, agree- ably to the prayer of his petition.” Bill to re. It was then ordered that Messrs. Key, Grove, and Tucker, pre- H. Journal, | * pare and bring in the bill necessary to give effect to this resolution. P. * House. Mr. Key, on the 7th, presented a bill to refund to Jacob Bell, cer- | , tain duties on pickled fish, which was read the first and second time, and committed. The bill having been considered in com- Id. p. 701. mittee, on the 13th, and reported without amendment, was or- 703. dered to be engrossed, and was read the third time on the 15th of February. On the same day, the bill was read the first time S. Journal, in the Senate, and received its second reading on the 18th, when p.487,488, it was referred to Messrs. Foster, Monroe, and Cabot. Mr. Fos- Rejected ter, on the 2d of March, made an unfavourable report concerning Id. p. 503. ***, this bill, which was then rejected. - Woodrop During the first session of the second Congress, on the 17th of H. Journal and Simms' | petition, > April, 1792, a memorial was presented to the House of Repre- Pºſº.” sentatives, from Woodrop and Simms, merchants of Philadelphia, praying a remission of the duties on a quantity of salt and wines entered at the port of New York, and which were lost, together with the ship, on the passage. This memorial was referred to - Messrs. Fitzsimons, Gerry, and Murray, and the case was included - in the provisions of a bill reported by Mr. Fitzsimons, on the 24th - º i. re- of April, “to authorize the remission of certain duties,” and which ...' ... bill was rejected by the Senate, as may be seen on reference to lostbyship, the case of Eliphalet Ledd, [page 371.] On the 8th of Novem- Id. p. 615. Wreck, ber, this memorial was again presented, at the second session of the second Congress; and, on the 3d of December, was referred to Messrs. Key, Grove, and Tucker. Mr. Key made a report on Id, p. 631, this case on the 6th, which was committed to a committee of the * º whole house. It was acted on in committee on the 5th of Feb- id. p. 690, ruary, 1793, and the following resolution was then reported, and agreed to by the house:— “Resolved—That the remission of duties on a quantity of salt and wines entered at the port of New York, which, together with the ship, was lost, on the passage from thence to Philadelphia, in March last, ought to be granted, agreeably to the prayer of the petitioners.” - Messrs. Key, Grove, and Tucker, were then ordered to pre-Id, p. 695, pare and bring in a bill to carry this resolution into effect. The 390 HISTORY OF CONGRESS. - CHAP. III. National Revenue—Compensations. 1793. 2d Congress. 2d Session. Rejected. 1st Congress. 3d Session. SHUBAEL Swarx. Bill reject- ed by Se- nate. Compensa- tion of in- spectors. [H.B. 119.] Bill report- ed and committed. Not acted ſon. - 2d Congress. 1st Session. Compensa- tion to offi- cers of cus- toms, bill was reported by Mr. Key on the 7th of February, when it received the first and second reading and its commitment. On H.Journal, the 8th, the bill was taken up in committee of the whole, report- Pºº". ed without amendment, and, on the question of its engrossment, was rejected. A great number of petitions and memorials were presented, complaining of the unequal operation of these laws, and praying for remissions of duties; but as no legislative action was founded upon them, they are omitted. On the 29th December, 1790, the petition of Shubael Swain 1790-91. was presented to the House of Representatives, praying the re- H. Journal, mission of a penalty incurred for a breach of the revenue laws; P: 344, which was referred to Messrs. Goodhue, Livermore, and Sinnick- son. Mr. Goodhue, on the 31st, reported a bill for the relief of Id, p.347. Shubael Swain, which was then read the first time, and received the second and third reading on the 3d and 4th of January, when it was passed and sent to the Senate, where, on the 4th and 5th, S. Journal, it was read the first and second time, and referred to Messrs. Mor- p.229,230. ris, Langdon, and Hawkins. Mr. Morris made a report on the 6th, and the bill was then rejected. º On the 21st of January, 1791, the House of Representatives H. Journal, ordered the appointment of a committee, to prepare and bring in a P. * bill, or bills, making provision for the compensations to inspectors and officers of inspection, to be appointed to collect the duties im- posed on distilled spirits, and to secure the collection thereof; and Messrs. Sedgwick, Madison, and Lawrance were appointed of this Id. p. 363. committee. Mr. Sedgwick, from this committee, reported, on the Id. p. 364, 26th, a bill providing compensation for inspectors and other officers of inspection, which was then read the first time, and, on the next day, received the second reading, and was committed to a commit- tee of the whole house. This bill was not subsequently acted on. -º- A committee was appointed, in the House of Representatives, 1792. on the 16th of April, 1792, consisting of Messrs. Goodhue, Ster- Homi rett, Parker, Grove, and Barnwell, to prepare and bring in a bill, p. 57% or bills, relative to the compensations to the officers of the customs; and, on the 19th, Mr. Goodhue, from this committee, presented Id, p. 581. a bill relative to the compensations to certain officers employed in HISTORY OF CONGRESS. 391 Chap. III. 2d Congress. 1st Session. [H.B.183.] Bill passed. CoNTINEN- TAI, TAx RECEIVERs. National Revenue—Continental Tax Receivers. 1792. the collection of the duties of impost and tonnage, which was read the first and second time, and committed to a committee of the whole house. The bill was considered in committee of the H. Journal, whole on the 30th, when several amendments were reported, Pº” which were, on the 1st of May, agreed to, and the bill was or- dered to be engrossed for the third reading; and, on the day fol- id. p. 595. lowing, the bill was read the third time and passed. In Senate, this bill was read the first and second time, on S. Journal, the 3d, and was referred to Messrs. Morris, Sherman, and Mon- P. 437. roe. Mr. Morris, on the 4th, reported various amendments, some Id. p. 438. of which were adopted; and the bill, having been amended ac- cordingly, was read the third time and passed on the same day. These amendments were concurred in by the House of Repre- H. Journal, sentatives. p. 598. On the 24th of February, 1791, a petition was presented to the 1791. House of Representatives, from George Webb, a receiver of con- H. Journal, petition of tinental taxes in Virginia, praying for further compensation for P. 389.471. G. Webb. [H.B.158] Bill report- ed. p Commit- ted. On. 2d Session. *- his services, and to be reimbursed for the loss of a sum of public money, whilst receiver of taxes. This petition was referred to the secretary of the treasury, from whom a report was received on the 12th of December; and, on the 23d, the following motion - was submitted to the house:— “That the report of the secretary of the treasury, upon the Id. p. 480. petition of George Webb, be referred to a select committee, and that the committee be instructed to prepare and bring in a bill, allowing such of the receivers of continental taxes in the several states, as continued in service after the end of the year one thou- sand seven hundred and eighty-two, a commission, as a compen- sation for their services and expenses, not exceeding the rate of - per centum, upon the amount of moneys by them respec- tively received for continental services subsequently to the time aforesaid.” This motion and report were referred to Messrs. Livermore, Id. p. 487. Giles, Clarke, Fitzsimons, and Bourne, of Rhode Island. Mr. Li- Vermore, on the 4th of January, presented, from this committee, a bill granting further compensation to certain receivers of con- Not acted tinental taxes; which was then read the first time, and, on the next day, received the second reading, and was committed to a committee of the whole house. At the commencement of the second session, on the 28th of No. 1792–93. vember, 1792, a committee was appointed in the House of Re- H. Journal, p. 629. 392 HISTORY OF CONGRESS. CHAP. III. - National Revenue—Post Office. 1792–93. 2d Congress. 2d Session. [H.B.200.] Rejected. presentatives, consisting of Messrs. Giles, S. Bourne, and Silvester, to prepare a bill granting further compensation to certain re- ceivers of continental taxes. Mr. Giles, on the same day, pre- sented a bill, which was read the first and second time, and com- mitted to a committee of the whole house; and, on the 25th of January following, the bill was considered in committee of the whole, and reported without amendment. The question was then taken on the engrossment of the bill for the third reading, when it was determined in the negative, by the following vote:- Ayes–Messrs. Benson, B. Bourne, Fitzsimons, Gerry, Giles, Griffin, Hartley, Huger, Learned, Lee, Livermore, Madison, Mil- ledge, Muhlenberg, Page, Parker, Sedgwick, Silvester, Sterrett, Sumpter, Venable, White,_22. 1st Congress. 1st Session. Letter from post- master ge- neral, call- ing atten- tion to that depart- ment. Resolution of House, JVoes—Messrs. Ashe, Baldwin, Boudinot, S. Bourne, Clarke, Dayton, Gilman, Goodhue, Gregg, Grove, Heister, Hillhouse, Ja- cobs, Kitchell, Kittera, Leonard, Macon, Moore, Jere. Smith, I. Smith, Wm. Smith, Thatcher, Tredwell, Ward.—24, So the bill was rejected. –º- THE POST OFFICE. As an important source of national revenue, the Post Office De- partment received a fit share of the deliberations of the first Congress. Very soon after the commencement of the first session, on the 17th of July, 1789, the speaker laid before the House of Representatives a letter from Ebenezer Hazard, postmaster ge- neral of the United States, submitting the propriety of some im- mediate provision, by law, for the arrangement of that depart- ment; which was referred to Messrs. Boudinot, Goodhue, and Lee, for them to consider the subject, and report their opinion. Mr. Boudinot, on the 18th of August, made a report from that com- mittee. On the 27th, the house proceeded to consider this re- port, when it was recommitted to the same committee. The re- port of this committee was again the subject of consideration on the 9th of September, when the house agreed to the following resolution:- “Resolved—That, until further provision be made by law, the H. Journal, p. 680. 1789. –" H. Journal, p. 62. Id. p. 81. Id, p. 92, Id. p. 106. general post office of the United States shall be conducted ac- cording to the rules and regulations prescribed by the ordinances and resolutions of the late Congress, and that contracts be made for the conveyance of the mail, in conformity thereto.” HISTORY OF CONGRESS. 393 Chap. III. National Revenue—Post Office. 1789. #º." On the 10th of September, the Senate referred this resolution S. Journal, s ession. Non-con- currence of repor Senate. Bill passed by Senate, and House. 2d Session. Plan from postmaster general. } . Referred. Bill for re- gulating post office. Commit- ted, º * Commit- tee dis- charged, Special Committee, to Messrs. Butler, Morris, and Ellsworth, with an instruction to P. 78. ported a resolution not to concur in the resolve of the House, which report was agreed to by the Senate. The same committee reported a bill for the temporary esta- t a bill on the subject; and, on the 11th, this committee re-Id. p. 79. Id. p. 79, blishment of the post office, which was then read a first time, 80. and, on the 14th and 15th, received the second and third read- ing, and was passed. On the 16th and 17th, this bill passed H. Journal, through its various readings, without opposition, in the House of His 111— Representatives. At the commencement of the second session, on the 22d of 1790. January, 1790, the speaker laid before the House of Represen- H. Journal, tatives, a letter from the secretary of the treasury, accompany- P: 144. ing a report made to him by the post master general, respecting the post office, and suggesting a plan for its future establishment; which was referred to Messrs. Fitzsimons, Gerry, Sinnickson, Parker, and Stone, with instructions to report to the house their opinion on the subject. Mr. Fitzsimons, from this committee, presented, on the 23d of February, a bill for regulating the post office of the United States, which was read the first time on that day; and, on the 24th, received the second reading, and was committed. The bill was considered in committee of the whole on the 13th of April, and also on the 14th, and on the 15th, the house adopted the following order:- “Ordered—That the post-master general be directed to return to this house the route by which the mail is carried within the United States, distinguishing those which are called cross posts; also, distinguishing those cross posts which have been productive to the revenue, (if any such,) and those which have been ex- pensive beyond the revenue derived from them; also, all the places at which post offices are now kept, or ought to be kept, and an estimate of the emoluments to each of the post office keepers.” Without further action of the committee, the house, on the 27th, adopted an order discharging the committee of the whole from the further consideration of the bill, and referring the bill, together with the report of the post-master general, on the se- veral matters submitted to him by the order of the house of the 15th instant, to Messrs. Livermore, Ames, Huntington, Silvester, WoL. I.-50 Id. p. 162. Id. p. 193, 194. Id. p. 203. 394 HISTORY OF CONGRESS. CHAP. III. National Revenue—Post Office. - 1790. 1st Congress. 2d Session. - Bill passed. Amended in Senate. Disagree- ing votes. Confer- ence. Wynkoop, Smith, of Maryland, Moore, Steele, Tucker, Bald- win, and Wining. On the 7th of June, Mr. Livermore, from this committee, reported an amendatory bill to establish the post of. fice and post roads within the United States, which was read the first and second time, and committed. This bill occupied the committee of the whole on the 14th, 15th, and 16th of June, when several amendments were reported; which were partly considered, and were fully agreed to by the house on the follow- ing day. And on the 21st, the bill, as amended, passed the house. In the Senate, this bill was read a first time, on the 22d of June, and, on its second reading, on the 23d, was postponed; and, on the 24th, the bill was committed to Messrs. Johnston, Langdon, Carroll, Strong, and Maclay. Mr. Johnston, on the 30th, reported several amendments. On the 2d and 3d of July, the report of the committee was considered, and the bill was amended in accordance with it. The question on the third reading, came up for consideration on the 5th, when a motion was made to restore the first and second paragraphs which had been expunged; but the motion was negatived; and, on the fol- lowing day, the bill was passed. The House of Representatives made some progress in considering the amendments of the Se- nate, on the 8th, and resumed the subject on the 10th, when some of those amendments were excepted, and others disagreed to; to wit: The first amendment in the 11th section was disa- greed to; and, also, the several amendments in the 13th, 23d, 24th, and 31st sections; and all the other amendments proposed by the Senate were agreed to. The Senate, on the 12th, re- solved to insist on these amendments, which were disagreed to by the House, and desired a conference with such managers as the House of Representatives might appoint, on the subject of the disagreeing votes, and Messrs. Ellsworth, King, and Strong, were appointed to conduct the conference on the part of the Senate. On the following day, the House agreed to the proposed confe- rence, and appointed Messrs. Gerry, Steele, Hartley, Vining, and Burke, to be the managers on the part of the house. Mr. Ger- ry made a report from the managers to the house on the 22d, when it was moved, that the house adhere to their disagreement to the first amendment; and the question being put on this mo- tion, it was decided in the affirmative as follows:– Ayes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Cly- mer, Coles, Contee, Fitzsimons, Floyd, Gale, Gerry, Griffin, Hart- ley, Heister, Huntington, Jackson, Livermore, Madison, jr., Ma- - thews, Muhlenberg, Page, Parker, Scott, Seney, Sevier, Sher- H. Journal, p. 235. Id.p.242– 245. S. Journal, p.164,165. Id. p. 172, 174. H. Journal, p. 258. Id. p. 267, S. Journal, p. 176, 177, H. Journal, p. 269. Id. p. 276. History of congress. 395 Chap. III. -- - National Revenue—Post Office, 1790. 1st Congress. 2d Session. Proposi- tionsby the House, man, Silvester, Steele, Stone, Sturges, Sumpter, Tucker, Wining, White.—35. Noes—Messrs. Ames, Benson, Boudinot, Cadwalader, Foster, Gilman, Goodhue, Grout, Lawrance, Leonard, Partridge, Van Rensselaer, Schureman, Sedgwick, Smith, of Maryland, Smith, of South Carolina, Thatcher, Trumbull, Wadsworth, Wynkoop. —20. The house then determined to recede from their disagreement to the second amendment, and to insist on their disagreement to the amendments to the twenty-fourth and thirty-first sections, with the following exceptions; to wit:— “Sect. 24, line 2. After the word ‘persons,’ insert, in a pa- renthesis, “(others than printers of newspapers.)” “Sect. 31. Strike out the words ‘agreeably to his report on the petition of Christopher Colles.’” The House also determined to recede from their disagreement to, and to agree with the Senate in their first amendment to the eleventh section; also, to the amendment for striking out the thir- Senate ad- here, Bill lost. Committee to prepare new bill. teenth section, and to the amendment for striking out the twen- ty-third section, with the following amendment; to wit:— “Insert, in lieu of the words proposed to be inserted by the Se- nate, the words following:—‘That it shall be the duty of the post- master general to permit any printer of newspapers within the United States, to send and receive newspapers by the post, sub- ject to a postage of one quarter of a cent for each newspaper.”” In the Senate, Mr. Ellsworth, from the managers of the con- ference, made a report on the 24th of July; and the Senate then proceeded to consider the resolve of the House of Representa- tives in reference to the Senate’s amendments. It was then re- Solved, that the Senate adhere to their amendment, section first and second, line first to twenty-seventh, and recede from their amendments in the twenty-fourth and thirty-first sections, with the exceptions proposed by the House of Representatives; and that they agree to the amendment proposed by the House of Re- presentatives in the twenty-third section, with an amendment. Both houses having adhered, the bill was lost. - - H. Journal, p.276,277. S. Journal, p. 188, On the 28th of July, the House of Representatives appointed H. Journal, a committee, consisting of Messrs. Sedgwick, Smith, of South p. 283. Carolina, and Huntington, to prepare and bring in a bill or bills to continue in force for a limited time, an act, entitled “An act for the temporary establishment of the post office.” On the same day, 396 - HISTORY OF CONGRESS. CHAP. III. National Revenue—Post Office. 1790. lºgº." Mr. Sedgwick reported a bill, in pursuance of this resolution of H.Journal, *— the House, and it was then read the first and second time, and P.285. Bill intro- ordered to be engrossed; and it was read the third time, and . º passed, on the following day. This bill was acted on in the Se-s. Journal, the House nate with equal promptitude, being read the first and second P. 193. * * time on the 29th, and on the 30th being read the third time and nate. passed. 3d session. At the commencement of the third session of the first con- H. Journal, Committee gress, on the 8th of December, 1790, the House of Representa- P. 333. jº. tives again appointed a committee, consisting of Messrs. Sher- tablish post man, Clymer, and Williamson, to prepare and bring in a bill or office, &c. bills for establishing the post office and post roads of the United Bill report States. On the 7th of January, 1791, Mr. Sherman, from this 1791. ed. committee, presented a bill, according to the instruction, which H. Journal, was read the first and second time, and committed to a commit- º Committee tee of the whole house. The bill was considered in commit- 392. - . as tee of the whole, on the 31st, and on the 24th of February; and charged, on the 25th it was ordered by the house, that the committee of the whole be discharged from further proceeding on the bill. New com- A new committee was appointed on the 28th, consisting of Id. p.394. * Messrs. Smith, of South Carolina, Sherman, and Scott, to prepare Id, p.396. and bring in a bill to continue in force for a limited time, an act Id. p.398. - entitled “An act for the temporary establishment of the post of. New bill, fice.” On the same day, Mr. Smith presented a bill with this title, which was read the first time; and received its second read- ing, and was committed to a committee of the whole house on the 1st of March. The house immediately went into committee of the whole on the bill, and reported several amendments, which were agreed to by the house, and the bill was then read passed by the third time and passed. The bill, as it was passed by the the House house, is as follows:– - - Billaspass. “Sect. 1. Be it enacted, by the Senate and House of Representatives S. J.º ... by of the United States of America, in Congress assembled—That the act " 298. House. ºut . - passed the first session of Congress, entitled ‘An act for the tem- porary establishment of the post office, be, and the same is here- by continued in full force, until the end of the next session of Congress, and no longer. “Sect. 2. And be it further enacted—That no law of any state shall operate to impede or obstruct the stage carriages which shall be employed by virtue of this act, in conveying the mail of the United States, or to prevent passengers being carried in HISTORY OF CONGRESS. 397 CHAP. III. National Revenue—Post Office. 1791. lºgº such carriages, or to subject the owners or drivers of such car- riages to any penalty or tax on account of such employment. Amended “Sect. 3. And be it further enacted—That all letters to and from s, Journal, by Senate, the treasurer, comptroller, and auditor of the treasury, and the P.298. assistant of the secretary of the treasury, on public service, shall d. p. 302. be received and conveyed by the post free of postage.” This bill was read the first and second time in the Senate, on Id, p. 307. the 2d of March; and the second section of the bill having been expunged, it was, on the same day, read the third time and passed, . with the following amendments:— “Strike out the second section, and add at the end of the bill— “‘And be it further enacted—That the post-master general shall be, and he hereby is, authorized to extend the carrying of the mail from Albany, in the state of New York, to Bennington, in the state of Vermont.” º - Housecon. The House of Representatives, on the 3d, agreed to these se- H. Journal, Cur. veral amendments of the Senate. p. 404. , -º- #º. THE subject was again taken up by the second Congress, at *- their first session. On the 28th of October, the House of Repre- Committee sentatives appointed Messrs. Livermore, Clarke, Steele, Bourne, of Id. p. 443. ** Rhode Island, and Thatcher, a committee to prepare and bring Bill to es in a bill, or bills, for establishing the post office and post roads of 1d. p. 465. º the United States; and, on the 29th of November, Mr. Livermore, º from this committee, presented a bill “to establish the post office and post roads within the United States;” which was read the first and second time, and committed to a committee of the whole house. This committee had the bill under consideration on the Id. p. 469, 6th, 7th, 8th, 9th, 15th, 16th, 20th, 21st, 23d, and 26th of De- # tº cember, and, on the 26th, the committee reported several amend- ---- ments to the bill. On the 27th and 28th, the house considered Id. p. 481, these amendments, some of which were agreed to as reported, 482. - some amendéd and agreed to, and others disagreed to. The sub- ject was resumed on the 29th, when the bill was further amend- ed, and the 17th and 18th sections were recommitted to Messrs. Id, p. 483. Smith, of New Hampshire, Lawrance, Baldwin, and Bourne, of Massachusetts. Amend. On the 3d of January, 1792, Mr. Smith, the chairman of this 1792. . pre- committee, reported amendments, in lieu of the 17th and 18th H. Journal, - p. 486 398 HISTORY OF CONGRESS. Chap. III. National Revenue—Post Office. 1792, 2d Congress. 1st Session. sections, which were agreed to by the house; and, on the 5th, the subject being again before the house, it was moved to amend the bill, by inserting, after the section, the following clause:— “And be it further enacted—That it shall be lawful for the car- riages, by which the mail shall be conveyed, to receive passen- gers to or from any place or places, and through any state or states, upon all roads declared to be post roads, by the laws of the United States.”% It was then moved to amend this amendment, by adding to it the following proviso: Provided—That wherever any exclusive privilege of conveying passengers for hire in stage carriages, on any of the roads established by this law, hath been heretofore granted by any of the states, for a term of years, such exclusive privilege shall continue and be of full force and effect, agreeably to the conditions thereof, until such term shall expire.” The question being taken, on adding this proviso, it was de- cided in the negative, by the following vote:- Ayes—Messrs. Baldwin, Barnwell, Griffin, Huger, Lawrance, Madison, Murray, Seney, W. Smith, Sterrett, Sturges, Sumpter, Thatcher, Wining.—14. JVoes—Messrs. Ames, Ashe, Benson, Boudinot, S. Bourne, B. Bourne, Brown, Clarke, Findley, Fitzsimons, Gerry, Giles, Gilman, Gordon, Gregg, Grove, Heister, Jacobs, Key, Kitchell, Kittera, Learned, Lee, Livermore, Macon, Moore, Muhlenberg, Niles, Page, Parker, Schoonmaker, Jere. Smith, I. Smith, Steele, Sil- vester, Tredwell, Venable, Wadsworth, Ward, Wayne, White, Williamson, Willis.-43. - The question was then taken on agreeing to the amendment as at first proposed, and determined also in the negative, as follows:— Ayes—Messrs. Ames, Benson, S. Bourne, B. Bourne, Findley, Fitzsimons, Gerry, Gilman, Gordon, Gregg, Huger, Kittera, Law- rance, Learned, Livermore, Macon, Muhlenberg, W. Smith, Regatived. * This amendment was introduced in consequence of a petition having been presented from the contractors for carrying the mail between Philadelphia and New York, praying the interposition of Congress, to relieve them from a taxim- posed on the mail stages by the state of New Jersey; and, also, in compelling a preference to the mail stages in the passage of ferries, and along the public roads; which petition was referred to the secretary of the treasury, [Vide House Journal, page 154, 155.] It further appears that a letter from the post-master general, re- specting a tax imposed on the proprietors of the lines of stages by a late law of New Jersey, was communicated to the House of Representatives by the speaker, at the second session of the second Congress, [Vide House Journal, page 699.1 HISTORY OF CONGRESS. 399 Chap. III. National Revenue—Post Office. 1792. #º. Steele, Sturges, Silvester, Thatcher, Wining, Wadsworth, Ward. T —25. JVoes—Messrs. Ashe, Baldwin, Barnwell, Boudinot, Brown, Clarke, Giles, Griffin, Grove, Heister, Jacobs, Key, Kitchell, Lee, Madison, Moore, Murray, Niles, Page, Parker, Schoonmaker, Se- ney, Jere. Smith, I. Smith, Sterrett, Sumpter, Tredwell, Tucker, Venable, Wayne, White, Williamson, Willis.-35. Billamend- The bill was then further amended; and, on the 9th, it was H. Journal, º taken up for consideration on the question of its third reading, P-4** when some discussion took place. The blanks having been filled Id. p. 490. up, it was read the third time, and passed on the following day. Committed The bill was read the first time in the Senate, on the 10th of s. Journal, "* January; and, on the 16th, after its second reading, it was re- P.364-370. ferred to Messrs. Bassett, Bradley, Burr, Ellsworth, Few, Fos- ter, Henry, Johnston, Izard, Langdon, Lee, Morris, Rutherford, and Strong. Mr. Bassett, on the 25th, reported sundry amend- Id, p. 377. ments to the bill, and these amendments were taken up for con- 37°. sideration on the 27th. The following motion was then made:– Id. p. 381. “That it shall be lawful for the post-master general, and his deputies, to receive donations from any person or persons in aid of the revenue arising from any post road; and if it shall appear, at the expiration of one year from the establishing of any post road, except the main road from Wiscasset to Savannah, that the revenue, arising from such post road, including donations, after deducting the compensations of the deputy post-masters, and the incidental charges of the post offices, shall not amount to two- thirds of the expense of carrying the mail on the same, that then it shall be lawful for the post-master general to desist from send- ing a mail on such road.” Motion to On the question being put, this motion was decided in the ne- º * gative. The amendments of the committee were then adopted Passed by the Senate; and, on the 30th, the bill was passed with the .*, * following amendments:– mend- Iments. “Sect. 1, lines 2, 3. Dele the words ‘passing of this act,” and insert these words, “first day of June next.” “In the same section, line 5. Dele the word “Exeter.” “In the same section, line 7. Between the words “Elizabeth- town’ and “ Brunswick,” insert the word “Woodbridge.” “In the same section, line 13. Dele the word ‘to,” after the word ‘Augusta,’ and insert by;’ and after the word “Washing- ton,’ in the same line, insert the words, in Wilkes county to Greenborough, and from thence.” 400 HISTORY OF CONGRESS. Amend- ments of Senate. -- CHAP. III. 2d Congress. 1st Session. - National Revenue—Post Office. In the same section, line 14. After Ogechee,” insert these words, “ and Georgetown to Augusta.” - “In the same section, line 16. Between the words “from ' and * Exeter,’ insert the words “Portsmouth by;’ and in the same line, after Exeter,” dele the word ‘to,” and insert “and;’ and, after the word “Concord,” insert the words to Hanover.” “ Line 18. Between the words ‘ Providence’ and ‘Newport,” insert East Greenwich.” “In the same section, line 20. Dele the words ‘Taunton to Plymouth, and thence to Boston,” and insert these words, “Bos- ton, by Plymouth, to Barnstable.” “In the same section, line 22. Dele the words, “through Northfield,” and insert the words, by Northampton, Brattlebo- rough.” “In the same section, line 22. Dele the word ‘to,” and insert ‘by;’ and in the 23d line, after the word ‘Vermont,’ insert the words to Hanover,” and dele all the words that follow the word * Vermont,” to the word “and,” in line 24. “In the same section, line 28. After the word ‘Pittsburg,” insert these words, “ and from Philadelphia to Bethlehem; from Bethlehem, by Reading and Harrisburg, to Carlisle; and from Bethlehem, by Easton, Sussex Court House, Goshen, Ward’s Bridge, and Kingston, to Rhinebeck; from Philadelphia, by Sa- lem, to Bridgetown.” - “In the same section, line 29. After the word “Vienna,' in- sert these words, and from Vienna, by Salisbury, to Snow Hill;’ and, in the same line, after the word by,’ insert “New- castle, Cantwell’s Bridge, and.” - “In the same section, line 30. Between the words “by” and * Dagsborough,” insert Milford;’ and after the word “Dagsbo- rough,” dele the word ‘to,” and insert : Snow Hill, and.” “In the same section, line 31. After the words, “ Court House,” insert these words, to Norfolk.” After the words * Allen’s Fresh,” line 32, insert • Newport.” - “In the same section, line 34. After the word ‘Urbanna,’ insert these words, “ and from thence, crossing Rappahannock, and proceeding by Northumberland Court House, to Kinsale, on the river Yeocomico, thence, by Westmoreland Court House, through Leedstown, to Fredericksburg.” “ Line 38. After the word “by,’ insert “Warrington;' after * Hillsborough,” insert “Salem.” “In the same section, line 38. After the word “Salisbury,’ insert these words: “From Halifax, by Bluntsville, Williamston, 1792, s. Journal, p. 382, HISTORY OF CONGRESS. 401 CHAP, III. National Revenue—Post Office. 1792. 2d Congress. 1st Session. Amend- ments Senate, Dailey’s, Plymouth, by Mackay's Ferry, to Edenton; and from Edenton, by Hertford, Nixonton, Sawyer's Ferry, in Camden ... county, to Indian town, in Kurrituck county.” “In the same section, line 38, dele the word ‘to,” between the words “New York’ and Albany,’ and insert “by;’ and, line 39, after the word ‘Albany,’ insert these words, ‘Bennington, Man- chester, and Rutland, to Burlington, on Lake Champlain, and from Albany, by Schenectady, to Canajoharrie.” “In the same section, line 41, before the word “Elizabeth town,” insert the words, “Newark, or.” “In the same section, line 42, after the words “court house,” insert these words, “from Woodbridge to Amboy;’ and, in the same line, between the words “by Leesburg, insert “Salisbury.” “In the same section, line 44, after the word “by,' insert the word ‘Columbia.” - “In section 2, line 2, dele the word ‘five,’ and insert “eight.” “In section 4, line 3, dele the words ‘shall return,” and insert the word ‘render.” “In the same section, line 10, to the word ‘office,” add the letter ‘s, and the following words, “and the contractors for car- rying the mail, and their agents or servants to whom the mail shall be intrusted, before they commence the execution of said trust, shall respectively.” º “In the same section, line 12, dele all that follows the words “post-master general,” to the letter ‘I,’ in line 25. “In the same section, line 26, dele the words “execute and,” and, also, all that follows the word “by,” in line 27, to the word “office,” in line 28, and insert these words, ‘law in relation to the establishment of post offices.” “In section 5, line 1, dele all the words following the word “ that,’ to the word “if” in line 3. “In section 6, line 3, after the word ‘states,’ insert these words, “and in one or more of the newspapers published in the state or states, where the contract is to be performed,” and dele the word “twelve,” in the same line, and insert “six.’ “In section 7, line 5, dele all that follows the word “therein,” to the end of the section. “Sect. 8. After the word “that,’ in the first line, insert ‘from and after the passing of this act.” - “In the same section, lines 3 and 4, dele the words “at the trea- sury of the United States,” and insert these words, “out of the revenues of the post office.” Vol. I.-51 402 HISTORY OF CONGRESS. CHAP. III. National Revenue—Post Office. 1792. #º. “ In section 9, line 1, dele the word ‘March, and insert * June.” - - me."; “In the same section, between lines 17 and 18, insert these Senate, words, “over three hundred and fifty miles, and not exceeding four hundred and fifty, twenty-two cents.’ - “In the same section, line 18, after the word ‘hundred, in- sert these words, “and fifty.’ “In section 10, line 1, after the word “letters,’ insert these words, “and packets;’ and in line 2, after the word ‘states,’ in- sert these words, “ or from one part to another therein.” “In the same section, line 3, dele all that follows the word “states,’ to the word ‘shall,” in line 4. “In the same section, line 5, dele all that follows the word “letter,’ to the word “eight,” in line 7. “In the same section, line 9, after the word “letter,’ insert these words, “ or packet.’ “In the same section, line 10, the same amendment. “In the same section, line 11, dele the word ‘other,’ and insert the word “private.” “In the same section, line 12, after the word ‘to, insert these words, be delivered at.” “In section 11, line 2, after the word ‘general,' insert these S. Journal, words, “to receive the postages of letters,’ and, after the word P. 383. “shall,’ in the same line, insert the word “fraudulently.” - “In section 12, line 6, dele all the words following the word ‘consignee, to the word “but,” in line 7. | “In the same section, line 8, after the word ‘ than,’ insert the word ‘ that;’ and, in the same line, dele all that follows the word * enter,’ to the word ‘the,” in line 10. “In the same section, line 14, after the word “letters,’ insert the word “except.” “In section 13, line 3, after the word “same,” insert these | words, ‘except the commanders of foreign packets.” “In section 14, line 2, after the word “deputies,’ insert these words, “ or persons by them employed.’ “In the same section, line 3, after the word ‘packets,’ insert these words, “other than newspapers.” “In the same section, lines 3 and 4, dele the words ‘on any es- tablished post road;’ and, in line 5, after the word “post,’ insert these words, “wagon or other carriage by, or in which any let- ter or packet shall be carried for hire, on any established post road.” “In the same section, line 7, dele all that follows the word ‘dol- - HISTORY OF CONGRESS. 403 Chap. III. National Revenue—Post Office. 1792. 2d Congress. lars,” to the end of the section, and insert these words: ‘ Provided– 1st Session. Amend- ments Senate. That it shall and may be lawful for every person to send letters ... or packets by special messenger.’ “Dele the whole of the 15th section. [The 15th section is as follows:—Provided, nevertheless, and be it further enacted—That it shall be lawful for the masters of ships and vessels, conductors of pack-horses, and for carriers of goods by carts or wagons, to be carriers and deliverers of all such letters or packets, as imme- diately concern any merchandise or lading in such ship or vessel, or such goods or merchandise as are under the immediate care or inspection of such masters, conductors, or carriers: Provided, such master, conductor, or carrier, shall deliver every such let- ter to the person or persons to whom it is addressed, without hire or reward: Provided, also-That it shall and may be lawful for every person to send letters or packets by any private friend, or by special messenger.] “In section 16, dele all that follows the word “ the * in the third line, to the word ‘in,’ in line 4, and insert the words, number and rates.” “In section 17, lines 3 and 6, dele the word ‘newspapers.” “In the same section, line 23, dele all the words following the words ‘post office,” to the word “every’ in line 26; and, in line 26, dele the word ‘one,’ and insert ‘five.” “In section 18, lines 3 and 4, between the words “letter’ and ‘packet,” insert the word ‘or,’ and dele the words ' bag or mail of letters.” - “In the same section, line 5, dele the words, “ or from or out of any bag or mail of letters.” “In the same section, line 6, dele all the words following the words ‘post office,” to the word ‘any,’ in line 7. “In section 20, line 10, after the word ‘war' insert these words, “the commissioners for settling the accounts between the United States and individual states.” “In the same section, line 11, dele all that follows the word “as- sistant,’ to the word ‘provided,” in line 13; and, in line 13, dele the words “having the privilege of franking letters.” “In the same section, line 17, dele the words ‘in all cases such person,’ and insert the words ‘ each person before named.” “In section 23, line 9, after the word ‘packets,’ insert these words, ‘and if any of the persons employed in any departments of the post office, shall unlawfully detain, delay, embezzle, or destroy, any newspaper with which he shall be intrusted, such offenders, for every such offence, shall forfeit a sum not exceed. 404 . HISTORY OF CONGRESS. Ch.A.P. III. National Revenue—Post Office. 1792. flººr ing fifty dollars. Provided—That the postmaster, in any con- st Session. - - T tract he may enter into for the conveyance of the mail, may au- mº"; thorize the person with whom such contract is made. to carry Senate, newspapers other than those conveyed in the mail.’ “In section 24, line 5, after the word “exceed,” insert these words, “forty per cent, to any deputy whose compensation there- by shall not exceed fifty dollars, nor thirty per cent, to any depu- ty whose compensation thereby shall not exceed one hundred dollars, nor;” and, in the same line, between the words ‘any’ and “deputy,’ insert the word ‘other,’ and dele the words ‘other than,' and insert the word “except.” - “In the same section, line 11, dele the word ‘fifteen,” and insert the word “eighteen,” and, at the end of the section, insert these words, “for all services by him rendered.’ “Dele the 25th section. [The 25th section is as follows:—And be it further enacted—That it shall be the duty of the post-mas- ters of the respective cities of New York, Philadelphia, Anna- polis, and Charleston, and of the towns of Portsmouth, in New Hampshire, Boston, Salem, Providence, Newport, and Baltimore, to cause all letters directed to persons in any of the said cities or towns, or the liberties thereof, to be delivered at the houses or dwelling of such persons, and that one cent, in addition to the postage, be charged on every letter or packet so delivered.] “In section 26, line 3, after the word “render,’ insert the word “his,” and to the word ‘account’ add the letter ‘s.” “In the same section, line 4, dele the word “six, and insert ‘three.” “In the same section, line 7, dele the words “half year,’ and in- sert these words: “three months.” “In section 27, line 1, between the words “all penalties, in- sert the word ‘pecuniary,’ and dele the word “recovered,’ and in- sert the word “incurred.’ - “In section 28, line 2, dele all the words following the word ‘provision,” to the word ‘where,” in line 3. “In section 30, line 2, after the words : post office,’ insert these words: “which shall have accrued.” “In the same section, line 2, dele the words ‘passing of this act, and,’ and insert these words, “first day of June next.” “And be it further enacted—That the act passed the last session of S. Journal, Congress, entitled ‘An act to continue inforce, for a limited time, an act, entitled ‘An act for the temporary establishment of the post office,” be, and the same is, hereby, continued in full force, until the first day of June next, and no longer.” p. 384. HISTORY OF CONGRESS. 405 Chap. III. National Revenue—Post Office. 1792. *lºnges, “At the end of the bill insert the following clause: “And be it 1st Session. Amend- ments of Senate. Amend- ments a- greed to. 2d Session. - Extract from Mes- Sage of President. further enacted—That this act shall be in force for the term of two years from the first day of June next, and no longer.’ “And that the sections be numbered conformably.” On the 2d of February, the House of Representatives consi- s. Journal, dered the amendments of the Senate, agreeing to some of them, P. * and disagreeing to others, by the adoption of the following reso- lution:- “Resolved—That the House of Representatives doth disagree to the sixth amendment proposed by the Senate, in section 1st, and doth agree to all the other amendments to the said bill, with Id. p. 387. amendments to the 15th amendment, in the said 1st section, as follow:—In the words proposed to be inserted by the Senate, be- tween ‘Dailey’s’ and “Plymouth,' insert ‘to,” and strike out the words, “by Mackay's Ferry to Edenton.” In the body of the bill, line , after the word “and,’ in the third place, insert the words, “by Plymouth, to.” The Senate, on the 3d, receded from their sixth amendment, and concurred with the House of Representatives in their amend- ments to the amendments of the Senate. The President's message to Congress, in November, 1792, brought the subject of the post office again under the notice of that body, in the following paragraph:- - “It is represented that some provisions in the law which esta- President's blishes the post office, operate, in experiment, against the trans- #.. mission of newspapers to distant parts of the country. Should 2d session. this, upon due inquiry, be found to be the fact, a full conviction H. Jºurnal, of the importance of facilitating the circulation of political intelli- p. 613. - - - -- - - S. Journal, gence and information, will, I doubt not, lead to the application p. 454. of a remedy:” And the address of the House of Representatives, in reply to the message, contains the following pledge:– Reply of “The operation of the law establishing the post office, as it re. H. Journal OuSe. … " lates to the transmission of newspapers, will merit our particular P." inquiry and attention—the circulation of political intelligence, through these vehicles, being justly reckoned among the surest means of preventing the degeneracy of a free government, as well as of recommending every salutary public measure to the confi- dence and co-operation of all virtuous citizens.” 406 HISTORY OF CONGRESS. CHAP. III. National Revenue—Post Office—Bill to reduce Postage on Newspapers. 1792. 24gongress. In redemption of the pledge contained in this paragraph, the H. Journal, *— House of Representatives, on the 14th November, 1792, appointed P. w Committee Messrs. Murray, Baldwin, Gilman, Ames, and Barnwell, a com- - *P* mittee to take into consideration that part of the President's change ne speech which relates to the transmission of newspapers, and to “” report whether any, and what, alterations may be necessary in the act passed last session, for the regulation of the post office; and, on the 16th, Mr. Venable and Mr. Steele were added to this Id, p. 621, committee. Mr. Steele was afterwards excused from serving on the committee, and Mr. Grove was appointed in his room by an order of the house, of the 16th of January, 1793. On the 18th of Id, p. 674. February, Mr. Murray, from this committee, made a report, which was committed to a committee of the whole house. But Id. p. 705. there was no subsequent action on the subject by the second Congress. #º. ON the 2d of March, 1792, the first session of the second Con- T gress, a committee was appointed in the House of Representa- Postage tives, consisting of Messrs. Gerry, Murray, and Findley, to pre- id. p. 525. "..." pare and bring in a bill or bills, for reducing the rates of postage * on newspapers. And, on the 6th, Mr. Gerry, from this commit- tee, presented a bill, which was then read the first time, and on the 7th received the second reading, and was committed to a committee of the whole house. This bill was considered in com- Id, p. 590, mittee of the whole on the 26th of April, and was reported with * an amendment, which was agreed to by the House, and the bill Bill passed was ordered to be engrossed; and on the next day it was read * the third time and passed. Rejected In the Senate the bill was read the first time on the 28th, and S. Journal, ** the question being then put on the second reading, it was de-P. 434. cided in the negative. So the bill was rejected. -º-º: * * * * isºgongress. At the second session of the first Congress, on the 6th of May, 1790. 2d Session. - - - - –" *– 1790, a memorial of Nathaniel Twining was presented to the H. Journal, Nathasret House of Representatives, praying relief for certain losses and gº ** injuries sustained by him, in consequence of a contract entered into with the late post-master general for the conveyance of the mail, which was referred, on the 7th, to Messrs. Burke, Lee, and Vining, for examination. Mr. Burke made a report from Id, p.2% this committee on the 20th of May, which was taken up for con- 227, HISTORY OF CONGRESS. 407 Chap. III. National Revenue—Post Office, 1790. º sideration, on the 28th, when the following resolution was SS10n. adopted:— - Resolution “Resolved—That the penalty incurred by Nathaniel Twi- * ning in consequence of the failure of his contract, as executed with the late post-master general, for transporting the mail by means of carriages, from Georgetown to Charleston, and from thence to Savannah, from the month of September, one thousand seven hundred and eighty-seven, until the first of January, one thousand seven hundred and eighty-eight, be remitted; and that he be allowed, out of the treasury of the United States, the sum of five hundred and sixty-seven dollars and forty-one cents, and also the additional sum of eight dollars, for having transported the mail from the head of Elk to Philadelphia, after the first day of Ja- nuary, one thousand seven hundred and eighty-eight, as appears by sufficient vouchers.” It was then ordered that Messrs. Burke, Lee, and Vining, [H. B.72.] prepare and bring in a bill pursuant to this resolution. Mr. Burke, on the 3d of June, presented, from this committee, a bill Bill report for the relief of Nathaniel Twining, in certain cases, which was ed. then read the first time, and on the following day was read the second time and referred to Messrs. Burke, Lee, and Vining. Mr. Burke made a report on the 8th, which was considered on the 14th, when the bill was amended, and ordered to be en- Passed by grossed for the third reading, and on the 15th the bill was read *ouse, the third time and passed, and was sent to the Senate. In the Senate this bill was read the first and second time, on the 15th and 16th, and was committed to Messrs. Langdon, Wingate, and Maclay. Mr. Langdon reported, from this com- mittee, on the 23d, and, on the 24th, the Senate proceeded to consider the report as follows:– - - Reporto “That they have heard Mr. Twining on the subject, and ex- ºil. amined the documents relative to his contract for transporting againstbill, the mail between Charleston and Savannah, for the year 1787, and taken into consideration his repeated failures in the course of that year, the forfeitures remitted, and the allowance already made him; it is, therefore, the opinion of the committee, that the forfei- tures incurred by the said Twining, in neglecting to transport the mail agreeably to contract, from the month of September, 1787, Report dis to that of January, 1788, should not be remitted, and that the ** said bill be disagreed to by the Senate.” The question being then put on agreeing to the report of the committee, it was determined in the negative, and the bill was H. Journal, p.233,234. Id, p. 235. Id. p. 241, 242. - S. Journal, p.158.164. Id. p. 165. Id. p. 166. 408 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1790. lºgº ordered to the third reading; and on the 27th the bill was ession. - Bill passed. passed. --- - Several petitions connected with the post office department were presented, at various times, and disposed of either by refe- rence to the proper executive officer, or laid on the table. The object of some of these was provided for by the bills which have been described, and on the residue of the petitions there appears to have been no legislative action. THE PUBLIC LANDS. #º. THE third great source of national revenue, the public lands, 1789. Pºcº suggested itself also to the attention of the first Congress, soon H. Journal, iºns, after their meeting. On the 28th of May, 1789, the House of P* Representatives ordered that Messrs. Scott, Huntington, and Committee Sherman, be a committee, “to consider the state of the unap- on West- - - - 35 ºn lands propriated lands in the Western territory, and to report thereon. Mr. Scott made a report from this committee on the 15th of Id. p. 48. - June, which was committed to the committee of the whole house - on the state of the Union; and was taken into consideration by - that committee on the 22d of July, when the following resolu- tion was reported and agreed to by the house:— Resolution. “Resolved—That an act of Congress ought to pass for esta- blishing a land office, and for regulating the terms and manner of granting vacant and unappropriated lands, the property of the United States: That the said office be under the superintendence of the governor of the Western territory: That the lands to be disposed of be confined to the following limits; namely:- “That the tracts or parcels to be disposed of to any one per- son, shall not exceed acres; that the price to be required for the same shall be per acre; and that every person ac- tually settled within the said limits, shall be entitled to the pre- emption of a quantity not exceeding — acres, including his settlement.” committee Messrs. Scott, Silvester, and Moore, were then instructed to ** prepare and bring in a bill grounded on this resolution. On the 31st, Mr. Scott, accordingly, presented a bill establishing a land office in and for the Western territory, which was, on that day, Bill read read a first time, and received the second reading, and was com- * mitted to a committee of the whole house, on the next day. The Postponed consideration of this bill was postponed daily until the termina- tion of the session. Id. p. 64. Id. p. 69. Id. p. 70. - HISTORY OF CONGRESS. 409 at the seat of government of the United States. “That two subordinate land offices be established and opened: one in the government north-west of the Ohio, and the other in the government south of the Ohio. Wol. I.-52 Chap. HI. National Revenue –Public Lands. 1790. lºgº. On the 18th of January, 1790, the petition of Hannibal Wil- H. Journal, liam Dobbyn, of Ireland, was presented to the house, stating p. 142,143. PETITIONs that he desired to become a citizen of the United States, and of º: making a considerable purchase of the public lands; and praying IIAM Doº- that the secretary of the treasury might be authorized to con- - ” tract with him for that purpose. This petition was referred to Messrs. Page, Scott, and Partridge. Mr. Page made a report on this subject on the same day; and, on the 20th, the report was laid on the table, and the secretary of the treasury was directed to report to the house a uniform system for the disposition of lands the property of the United States. It was also, on motion, or- dered, “ that the state of facts respecting the Western territory, reported by a committee of this house the last session, be re- ferred to the secretary of the treasury for his information.” On the 27th, the petition of Dobbyn was also referred to the secre- Id. p. 148. And tary. On the 2d of March, a petition was also presented to the Id. p. 166. * house from George Scrib ving to be permitted to purchase SCRIBA. ge Scriba, praying p p United States’ lands, “not less than two millions, and not ex- ceeding four millions, of acres, on the terms therein mentioned,” which was also referred to the secretary of the treasury; and, on the 11th of March, an instruction was sent to the secretary of Id. p. 173. the treasury to report on these two petitions. On the 32d of Id. p. 276. jº. July, the secretary transmitted to the house, in obedience to the report. instructions he had received, his report of a uniform system for the disposition of lands the property of the United States, which was ordered to lie on the table; and, on the 28th, was committed Id. p. 283. to the committee of the whole house on the state of the Union. There was no further action on this subject during this session. 3d Session. On the 15th of December, at the commencement of the third Id. p. 338. Secretary's session of this Congress, the House of Representatives ordered the º report of the secretary of the treasury to be committed to a com- mittee of the whole house on the state of the Union; and, on the 31st, the committee reported several resolutions, which, on the 4th of January, were taken up for consideration, amended, and 1791. adopted in the following form:— H. Journal, º: “Resolved—That it is the opinion of this committee, that it p. 347. gººd to is expedient that a general land office be established and opened 410 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. - 1791. 1st gongress. “That all contracts for the sale of lands above the quantity 3d Session. - — o — acres, shall be exclusively made at the general land Resolu- tions of office. house. “That no land shall be sold, except such in respect to which the titles of the Indian tribes shall have been previously extin- guished. - - “That the seven ranges already surveyed, be sold in lots as laid out. “That any quantities may be sold by special contract, com- prehended either within natural boundaries or lines, or both; but | no Survey shall, in any case, be made on a river, but in the pro- portion of chains back from such river for every chain along the bank thereof. “That the price shall be thirty cents per acre. “That warrants for military services be put on the same foot- ing with warrants issuing from the land office; and that the ex- clusive right of locating the same, in districts set apart for the army, cease, after the day of “That no credit shall be given for any quantity less than a township of six miles square, nor more than two years’ credit } for any quantity. “That in every instance of credit, at least one-quarter part of H. Journal the consideration shall be paid down, and security, other than P. * the land itself, shall be required for the residue; and that no title shall be given for any tract or part of a purchase, beyond the quantity for which the consideration shall be actually paid. ** That the of each subordinate office shall have the management of all sales, and the issuing of warrants for all loca- tions in the tracts to be set apart for the accommodation of indi- vidual settlers, subject to the superintendency of the of the general land office, who may also commit to them the ma- nagement of any other sales or locations, which it may be found expedient to place under their direction. … " “That preference be given, for a limited time, to those actual settlers, whose titles are not secured by the former governments of that country, and the existing ordinances and acts of Con- greSS. - “That there shall be a surveyor general, who shall have pow- er to appoint a deputy surveyor general in each of the Western - governments, and a competent number of deputy surveyors, to execute, in person, all warrants to them directed by the surveyor general, or the deputy surveyor generals, within certain dis- tricts, to be assigned to them respectively. That the surveyor - -- HISTORY OF CONGRESS. 411 CHAP. III. National Revenue—Public Lands. 1791. lºgongress general shall also have in charge all the duties committed to the 3d Session. - º geographer general, by the several resolutions of Congress. º “That all warrants issued at the general land office shall be house, signed by , and shall be directed to the surveyor general. That all warrants issued at a subordinate office, shall be signed by , and shall be directed to the deputy surveyor general within the government. That the priority of locations upon warrants shall be determined by the times of the applications to the deputy surveyors; and in case of two applications for the same land at one time, the priority may be determined by lot. - ** That the treasurer of the United States shall be the receiver -- of all payments for sales made at the general land office, and may also receive deposites of money for purchases intended to be made at the subordinate offices; his receipt or certificate for which - shall be received in payment at these offices. “That the secretary of each of the Western governments shall be the receiver of all payments arising from sales at the office of such governments. “That controversies concerning rights to patents, or grants of land, shall be determined by the of that office, under whose immediate direction or jurisdiction, the locations, in re- spect to which they may arise, shall have been made. ** That the of the general land office, surveyor gene- ral, deputy surveyor general, and the of the land office, in each of the Western governments, shall not purchase, nor shall others purchase for them, in trust, any public lands. “That the secretaries of the Western governments shall give security for the faithful execution of their duty, as receivers of the land office. “That all patents shall be signed by the President of the United States, and shall be recorded in the office of the secretary of State. “That all officers, acting under the laws establishing the land - office, shall make oath or affirmation faithfully to discharge their respective duties, previously to their entering upon the execution thereof. - - “That all surveys of lands shall be at the expense of the pur- º chasers or grantees. “That the fees shall not exceed certain rates, to be specified in the law, affording equitable compensations for the services of surveyors, and establishing reasonable and customary charges for patents, and other office papers, for the benefit of the United H. Journal, States. p. 349, º º -- 412 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1st Congress. 3d Session. Resolu- tions of house. Bill to es- tablish of. fices. Passed by House. ** That the of the general land office shall, as soon as may be, from time to time, cause all the rules and regulations, which they may establish, to be published in one gazette, at least, in each state, and in each of the Western governments where there is a gazette, for the information of the citizens of the United States.” It was then ordered that a bill, or bills, be brought in, pursu- ant to these resolutions, and that Messrs. White, Scott, and Bloodworth, prepare and bring in the same. On the 14th of January, Mr. White, from the committee, pre- sented a bill to establish offices for the purpose of granting lands within the territories of the United States, which was then read the first and second time, and committed to the committee of the whole house. The committee had this bill under consideration, on the 10th and 11th of February, when they reported several amendments, which were discussed in the house, on the 12th, 14th, and 15th, when the bill was further amended, after the re- port of the committee had been agreed to. It was then moved to amend the bill, by adding to the end of the second section, the following proviso:- “Provided, always—That any purchaser of lands, when the payment thereof shall be due, may proffer in payment any of the certificates of the funded debt of the United States, at the same H. Journal, p. 354. Id,374,375. 377 379, rates as the treasurer shall have allowed for such certificates, re- spectively, in the last purchase which he shall have made thereof, prior to such payment.” And the question being taken on this motion, it was decided in the affirmative, by the following vote:– Ayes-Messrs. Ames, Ashe, Baldwin, Bloodworth, Boudinot, B. Bourne, Burke, Cadwalader, Carroll, Fitzsimons, Gale, Gerry, Gilman, Goodhue, Griffin, Giles, Hathorn, Heister, Jackson, Lee, Livermore, Madison, jr., Mathews, Moore, Sevier, Sherman, Sin- nickson, Smith, of Maryland, Sumpter, Thatcher, Tucker, White, Williamson, Wynkoop.–34. JVoes–Messrs. Benson, Brown, Clymer, Contee, Floyd, Foster, Hartley, Huntington, Lawrance, Leonard, Muhlenberg, Par- tridge, Van Rensselaer, Scott, Sedgwick, Seney, Silvester, Smith, of South Carolina, Stone, Trumbull, Wining—21. The bill was then ordered to be engrossed for the third read- ing; and, on the 16th, the blanks having been filled up, the bill was read the third time, and passed. Id. p. 380, Id, p. 381, HISTORY OF CONGRESS. 413 CHAP. III. National Revenue—Public Lands. 1791. º The bill was read the first time in the Senate, on the 16th; and on the 21st, the second reading being under consideration, the bill was referred to Messrs. Strong, Ellsworth, Foster, King, and Monroe, “to consider and report what is proper to be done thereon.” Mr. Strong, on the 26th, reported “ that the further consideration of this bill be postponed, until the next session of Postponed Congress.” It was then moved, and agreed to, to postpone the by Senate. report of the committee, and resume the second reading of the bill, and, after some debate, the bill was recommitted. On the 1st of March, a second report was made by Mr. Strong, when the Senate adopted the following resolution:- “Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled—That the Presi- dent of the United States be, and he hereby is, requested to cause a return to be made to Congress, at their next session, of the quantity and situation of the lands not claimed by the In- dians, nor granted to, nor claimed by any of the citizens of the United States, within the territory ceded to the United States, by the state of North Carolina, and within the territory of the United States, north-west of the river Ohio.” It was then ordered that the concurrence of the House of Re- presentatives in this resolution be requested; and the further consideration of the present bill be postponed until the next ses- sion of Congress. On the 2d of March, the House of Representatives concurred in the above resolution, after amending it, by striking out the words “a return to be maade to,” and inserting in lieu thereof, the words “an estimate to be laid before.” On the 3d of March, the Senate acquiesced in this amendment to the resolution. -º- †: A REPLy to this resolution is contained in the following message from the President of the United States, transmitted to the two houses of Congress, on the 10th of November, 1791, being the first session of the second Congress, and in the report of the se- cretary of state accompanying it. “ Gentlemen of the Senate, and of the House of Repre- sentatives:— “The resolution passed at the last session of Congress, re- questing the President of the United States to cause an estimate to be laid before Congress, at their next session, of the quantity S. Journal, p.270,277. Id. p. 289. Id. p. 294, 295. H. Journal, p. 400. S. Journal, p. 306. - - - - 1792. S. Journal, p. 339. H. Journal, p. 452, 414 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1792. #º. and situation of the lands not claimed by the Indians, nor grant- † ed to, nor claimed by, any of the citizens of the United States, within the territory ceded to the United States by the state of North Carolina, and within the territory of the United States, north-west of the river Ohio, has been referred to the secretary of state, a copy of whose report on that subject, I now lay be- fore you, together with the copy of a letter accompanying it. - “G. WASHINGToN.” “ United States, November 10, 1791. ->- º On the subject of the cession of lands by the state of North 1790. *— Carolina, referred to in the above resolution, the following legis- lative proceedings took place at the second session of this Con- gress. On the 1st of February, 1790, the following message from the President of the United States, was communicated to the two houses of Congress:– - “ United States, February 1, 1790. “Gentlemen of the Senate, and House of Representatives:— Message of “I have received from his Excellency Alexander Martin, go- H. Journal, a *. vernor of the state of North Carolina, an act of the General As- . º gard toges- sembly of that state, entitled ‘An act for the purpose of ceding p. 110. y i. of, to the United States of America, certain western lands therein North Că described,” and have directed my secretary to lay a copy of the * same before you, together with a copy of a letter accompanying the said act, from his Excellency Governor Martin to the Presi- dent of the United States. “The originals of the foregoing act and letter will be depo- sited in the office of the secretary of state. “GEORGE WASHINGTON.” In the Senate this communication was referred to Messrs. Id. p. 114, Henry, Izard, Ellsworth, Bassett, and Few. On the 17th, Mr. 115. Report of Henry, from this committee, made a report, the consideration . of which was assigned for the morrow; but it was not taken up - until the 22d, when it was agreed to as follows:– (Report. “That it will be expedient for Congress, on behalf of the United States, to accept of the cession proposed by the said act, - upon the conditions therein contained; and that, when a deed shall be executed for the same, they express their acceptance thereof by a legislative act.” - On the day when the message of the President was received, Id, p. 109, - Mr. Johnston and Mr. Hawkins, the senators from North Caro- 110. HISTORY OF CONGRESS. 415 Chap. III. National Revenue—Public Lands. 1790. 1st Congress, lina, laid before the Senate an exemplified copy of the act of the 2d Session. Bill passed in Senate, And in the House. Bill pro- viding for a surveyor general, Rejected. § Congress. Session. state of North Carolina, entitled “An act for the purpose of ceding to the United States of America, certain western lands therein described.” On the 23d, Messrs. Ellsworth, Strong, and Izard, were appointed a committee to bring in a bill for de- claring the acceptance of certain lands ceded to the United States, by the legislature of North Carolina, as described in their act of cession, when a deed thereof shall be executed.” On the 3d of s. Journal, March, Mr. Ellsworth reported a bill “to accept a cession of the p. 115,117. claims of the state of North Carolina to a certain district of west- ern territory,” which was then read the first time, and was - read the second time on the 4th, and the third time on the day Id. p. 118. following. In the House of Representatives, the bill was read H. Journal the first time on the 5th, and had the second reading, and was P. 169. committed, on the 8th. On the 26th, the bill was considered in committee of the whole, and reported with an amendment, which was agreed to by the House; and on the 29th the bill was read Îd. p. 183. the third time and passed, with the following amendment:-4. In the first line, strike out the words “the honourable.’” The Se- S. Journal, nate, on the same day, agreed to the amendment of the House, P. 125. with an amendment, which was afterwards concurred in by the House. On the 5th of August, the House of Representatives adopted H. Journal a resolution, “That a surveyor-general for the United States P. * be appointed, who shall forthwith proceed to the completion of the surveys of all lands heretofore sold under the authority of the late Congress; and Messrs. Smith, of South Carolina, Page, Id. p. 292. and White, were appointed a committee to prepare and bring in a bill or bills to that effect. On the 6th, Mr. Smith introduced Id, p. 293. a bill, according to the instruction, which was then read the first time, and was read the second time on the 7th, when a motion for its third reading was negatived, and, consequently, the bill was rejected. 2. —sº- IN reference to the cession made by North Carolina, there ap- 1792. pears to have been a subsequent proceeding during the second Resolution as to north- ërn bound- *y of the session of the second Congress, which it may be convenient to introduce here. On the 28th of November, 1792, the House of Representatives adopted the following resolution:- « Resolved, That the President of the United States be re- H. Journal, quested and authorized, with the concurrence of the states of Vir- p. 629. ginia and Kentucky, to cause the line to be extended from the 416 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1792. §gº western termination of the line, formerly run by Fry and Jef- *— ferson, on the part of Virginia, and by other surveyors on the . º: part of North Carolina, by a surveyor of sufficient abilities, in sion. the proper latitude, whereby the northern boundary of the ter- ritory ceded to the United States by the state of North Carolina, may be determined; and that Congress will provide for the ne- cessary expense attending the same.” Bill to de. It was then ordered, that Messrs. Boudinot, Williamson, and H. Journal, tºº. Page, be a committee to prepare and bring in a bill pursuant to * 631. this resolution. And on the 3d of December, Mr. Boudinot, from this committee, presented a bill for determining the north- ern boundary of the territory ceded to the United States by the state of North Carolina, which was read the first time, and re- ceived its second reading, and was committed, on the following day. On the 17th of January, 1793, the bill was considered in Id, p. 674, committee of the whole and reported with an amendment, which 675. was agreed to by the House, and the bill was ordered to be en- grossed for the third reading; and on the 18th the bill was read Bill passed the third time and passed. In the Senate, the bill was read s. Journal, ** the first time on the 18th, and, on the next day, was read the p.472,473. second time, and referred to Messrs. Rutherford, Hawkins, and Strong, with an instruction to consider the subject generally, and report thereon. And, on the 8th of February, Mr. Ruther- ford made a report from this committee, and the second read- Rejected ing being then resumed, it was resolved that this bill do not pass. Id. p. 487. by Senate. So the bill was rejected. -º- #gº. On the 23d of July, 1789, the House of Representatives 1789. T adopted the following resolution:- Lands re. “Resolved—That a committee be appointed to examine into H. Journal, #.” the measures taken by Congress and the state of Virginia, re-Pº". for officers specting the lands reserved for the use of the officers and soldiers #. * of the said state, in continental and state establishments, in the cession made by the said state to the United States of the ter- ritory north-west of the river Ohio, and to report the same to this house; and that Mr. White, Mr. Peter Muhlenberg, and Mr. Seney, be of the said committee.” On the 31st, Mr. White, Id. p. 69. Report of from this committee, presented a report, which was ordered to * lie on the table. And, on the 18th of September, the house pro- ceeded to consider this report, and then ordered that its further - Id, p. 114, consideration be postponed until the next session of Congress. HISTORY OF CONGRESS. 417 Chap. III. National Revenue—Public Lands. 1790. º At the next session, on the 28th of January, 1790, a resolution H. Journal, was adopted by the House of Representatives in precisely the p. 149,150. same words, and the same gentlemen were again appointed a committee on the subject. And on the 1st of February, Mr. Second re-White again made a report, which was ordered to lie on the ta- port. ble. This report was, on the 30th of April, committed to the committee of the whole house, on the state of the Union. On Id. p. 207. the 28th of June, the committee reported a resolution, which was agreed to by the house, as follows:– Resolution. “Resolved—That the resolution of Congress of the 17th of Id, p. 252. July, 1788, respecting the lands reserved for the Virginia troops, on continental and state establishments, pursuant to the cession made by the said state to the United States, of the territory north-west of the river Ohio, ought to be repealed.” It was then ordered that the said resolution be referred to Messrs. Brown, Boudinot, White, Huntington, and Benson, with Bill, instruction to prepare and bring in a bill or bills for carrying into effect the reservations contained in the deed of cession made by the state of Virginia to the United States, of the territory north-west of the river Ohio. Mr. Brown, from this committee, on the 15th of July, introduced a bill to enable the officers and soldiers of the Virginia line on continental establishment, to ob- tain titles to certain lands lying north-west of the river Ohio, be- Id. p. 270, tween the Little Miami and Sciota, which was read the first 37*. and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole on the 19th, and being reported without amendment, was ordered Passed by to be engrossed. And on the 20th, it was read the third time, Id. p. 273, * and passed. On the same day, this bill received its first reading 274. in the Senate, and was read the second time on the 21st, when s. Journal, it was committed to Messrs. Lee, Strong, and Ellsworth. Mr. *0 ; : Lee, on the 22d, reported the bill without amendment. On the " . " 24th and 27th, the bill was debated, and postponed, and on the 28th was recommitted. On the 3d of August, the Senate agreed to expunge the second, third, and fourth sections; and, thus amended, the bill was ordered to the third reading. It was moved on the 6th, to substitute the following paragraphs for the three sections which had been stricken out:- Amend. “And whereas the agents for such of the troops of the state Id. p. 200, . by of Virginia, who served in the continental establishment, or the 201, army of the United States, during the late war, have reported to the executive of the said state, that there is not a sufficiency Wol. I.-53 - 4.18 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1790. ºgº. of good land on the south-easterly side of the river Ohio, and - within the limits assigned by the laws of the said state, to satisfy mº". the said troops for the bounty lands due to them, in conformity senate, to the said laws: To the intent, therefore, that the difference between what has already been located for the said troops, on the south-easterly side of the said river, and the aggregate of which is due to the whole of the said troops, may be located on the north-westerly side of the said river, and between the Scio- ta and Little Miami rivers, as stipulated by the said state. ºf Sect. II. Be it further enacted—That the secretary of the department of war shall make return to the executive of the state of Virginia, of the names of such of the officers, non-commissioned officers, and privates of the line, of the said state, who served in the army of the United States, on the continental establishment, during the late war; and, also, in conformity to the laws of the said state, are entitled to bounty lands; and shall, also, in such return, state the aggregate amount in acres, due to the said line by the terms aforesaid. * Sect. III. And be it further enacted—That it shall, and may be lawful for the said agents to locate, to and for the use of the said troops, between the rivers Sciota and Little Miami, such a number of acres of good land as shall, together with the number already located between the said two rivers, and the number already located on the south-easterly side of the river Ohio, be equal to the aggregate amount, so to be returned as aforesaid by the secretary for the department of war. “Sect. IP. Be it further enacted—That the said agents, as soon as may be after the locations, surveys, and allotments are made and completed, shall enter, in regular order, in a book, to be by them provided for that purpose, the bounds of each loca- tion and survey between the said two rivers, annexing the name of the officer, non-commissioned officer, or private, originally entitled to each; which entries being certified by the said agents, or the majority of them, to be true entries, the book containing the same shall be filed in the office of the secretary of state. * Sect. P. And be it further enacted—That it shall be law- S. Journal, ful for the President of the United States to cause letters patent P. * to be made out, in such words and form as he shall devise and direct, granting to such person, so originally entitled to bounty lands, to his use, and to the use of his heirs or assigns, or his - other legal representative or representatives, his, her, or their heirs or assigns, the lands designated in the said entries: Pro- #ided, always—That before the seal of the United States shall HISTORY OF CONGRESS. 419 Chap. III. 1st Congress. 2d Session. Amend- ments by Senate. Amended andpassed. 3d Session. ^-- Message Of President Concernin Virginia line, 3d Congress. St Session. T- Message referred, - National Revenue—Public Lands. 1790. be affixed to such letters patent, the secretary for the department of war shall have endorsed thereon, that the grantee therein named was originally entitled to such bounty lands, and that he has examined the bounds thereof with the book of entries filed in the office of the secretary of state, and finds the same truly inserted; and every such letters patent shall be countersigned by the secretary of state, and a minute of the date thereof, and the name of the grantee, shall be entered of record in his office, in a book to be specially provided for the purpose. “ Sect. PI. And be it further enacted—That it shall be the duty of the secretary of state, as soon as may be after the letters patent shall be so completed, and entered of record, to transmit the same to the executive of the state of Virginia, to be by him delivered to each grantee: or, in case of his death, or that the right of the grantee shall have been legally transferred before such delivery, then to his legal representative or representatives, or to one of them. “Sect. PII. And be it further enacted—That no fees shall be charged for such letters patent and record, to the grantees, their heirs or assigns, or to his or their legal representative or representatives.” The bill was again taken up for consideration on the 7th of S. Journal, August, when the report of the committee was agreed to, amend- P. 209. ed as follows: After the word “Ohio,” 4th line, insert, “ accord- ing to the act of cession from the said state to the United States.” And the bill, thus amended, was passed. On the same day, the H.Journal, House of Representatives agreed to the amendments of the Se- P.293. nate. - On the 17th of January, 1791, the subject of the bounty lands 1791. to the Virginia line was again brought before this Congress at sºom, their third session, by a communication from the President of p. 233. the United States, enclosing “a copy of two resolutions of the tr. Journal legislature of Virginia, and of a petition of sundry officers, and p. 355. assignees of officers and soldiers of the Virginia line, on conti- nental establishment, on the subject of bounty lands allotted to them on the north-west side of the Ohio.” p --&- ON the 3d of November, it was ordered by the House of Re- H. Jouma, presentatives, soon after the meeting of the second Congress, P-44ſ. that so much of the message of the President as is above quoted, together with all previous proceedings of Congress, or the legis- - - 420 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1791. º: lature of the state of Virginia, and all papers relative thereto, St. Session. 2d Session. Mr. Mon- roe’s bill. Postponed. 2d Congress. 1st Session. Sugges- tion of Pre- sident as to vacant lands, Committee to prepare bill 1. be referred to a committee, consisting of Messrs. Giles, Clarke, and Livermore, with instruction to examine the matter thereof, and report the same, with their opinion thereupon, to the house. But there does not appear to have been any subsequent action of Congress on this subject during the legislative period which is embraced within this volume, with the exception of a move- ment by Mr. Monroe, in the Senate, of which the following is a brief account. On the 21st of January, 1793, nearly at the close of the se- 1793. cond Congress, Mr. Monroe gave notice that he should, on the s. Journal, morrow, move for leave to bring in a bill to explain and amend P. 473. an act, entitled “An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying north-west of the river Ohio, between the Little Miami and Sciota.” Mr. Monroe introduced his bill on the 31st of January, when it was read the first time, and ordered Id. p. 477. to the second reading; and, on the following day, it was read the second time, and committed to Messrs. Read, Sherman, and Monroe. Mr. Monroe, on the 25th of February, reported, that the further consideration thereof be postponed until the next 1d. p. 494. session of Congress; and this report was agreed to. -º- AT the commencement of the second Congress, the President, 1791. in his opening message, thus adverts to the subject of the public lands:– “A provision for the sale of the vacant lands of the United s. Journal, States, is particularly urged, among other reasons, by the import- P. * ant considerations, that they are pledged as a fund for reimbursing H. Journal, the public debt; that, if timely and judiciously applied, they may P. 438. save the necessity of burdening our citizens with new taxes for the extinguishment of the principal; and that, being free to dis- charge the principal, but in a limited proportion, no opportunity ought to be lost for availing the public of its right.” On the 1st of November, this part of the message was referred Id. p. 445, to Messrs. Williamson, Boudinot, and White, with instructions 446. to prepare and bring in a bill, or bills, pursuant thereto. Mr. Wil- liamson, from this committee, on the 21st of April, 1792, pre- sented a bill for the sale of lands in the territory of the United States, north-west of the river Ohio; which was then read the first time, and, on the next day, was read the second time, and - * t HISTORY OF CONGRESS. 421 CHAP. III. National Revenue—Public Lands. 1791. }º. committed to a committee of the whole house. This bill was T not further acted on. - Senate In the Senate, Messrs. King, Foster, Monroe, Strong, and But- S. Journal, committee. ler, were, on the 1st of November, 1792, appointed a committee P. 335. to report a bill for establishing offices for the purpose of granting lands within the territories of the United States. But this com- mittee made no report on the subject. ºgº. The following message from the President of the United 1790–91 S10n. -- − T States was transmitted to the two houses of Congress, on the 23d of December, 1790:— - “ United States, December 23d, 1790. “ Gentlemen of the Senate, and House of Representatives:– Message of “It appearing, by the report of the secretary of the govern- H. Journal, º, ment north-west of the Ohio, that there are certain cases respect- P. * North. ing grants of land within that territory, which require the inter- S. Journal, Wºm ference of the legislature of the United States, I have directed a P. " copy of said report, and the papers therein referred to, to be laid before you, together with a copy of the report of the secre- tary of state, upon the same subject. “GEORGE WASHINGTON.” On the 31st, the Senate ordered that Messrs. Strong, Ells- Id, p. 227. worth, and Maclay, be a committee to take this message into consideration, with the papers referred to, and report what is pro- per to be done thereon; and, on the 7th of January, 1791, Mr. Id. p. 231. Strong, from this committee, reported a bill for granting lands to the inhabitants and settlers at Vincennes, and the Illinois coun- try, in the territory north-west of the Ohio, and for confirming them in their possessions. This bill received its first reading on that day, and, on the 10th, was read the second time, and order- Id, p. 232. ed to the third reading. The bill was passed on the following day. In the House of Representatives the bill was read the first H. Journal, time on the 11th, and received the second reading, and was com- P.9% mitted to a committee of the whole house, on the next day. On the 26th of February, the committee of the whole was discharged Id, p.394. from further considering this bill, and it was referred to Messrs. White, Carroll, and Brown. On the 2d of March, the bill was Id, p.404. passed with amendments. - The bill, as it was sent from the Senate, is as follows:– \ 422- HISTORY OF CONGRESS. - CHAP. III. National Revenue—Public Lands. 1791. Istgongress. “Section 1. Be it enacted, by the Senate and House of Repre- S. Journal, 3d Session. p. 202, 203, Bill as it passed the Senate. sentatives of the United States of America, in Congress assembled— That four hundred acres of land be given to each of those per- sons, who, in the year one thousand seven hundred and eighty- three, were heads of families at Vincennes, or in the Illinois country, on the Mississippi, and who, since that time, have re- moved from one of the said places to the other; and the governor of the territory north-west of the Ohio, is hereby directed to cause the same to be laid out for them, at their own expense, either at Vincennes, or in the Illinois country, as they shall se- verally elect. “Sect. 2. /?nd be it further enacted and declared—That the heads of families at Vincennes, in the year one thousand seven hundred and eighty-three, who afterwards removed without the limits of the said territory, are, notwithstanding, entitled to the donation of four hundred acres of land, made by the resolve of Congress, of the twenty-ninth of August, one thousand seven hundred and eighty-eight. “Sect. 3. And be it further enacted—That one hundred and fifty acres of land heretofore in possession of the Piankeshaw Indians, and now under actual improvement, and constituting a part of the village of Vincennes, be given to the persons who are severally in possession of the said land. “Sect. 4. And be it further enacted—That where lands have been actually improved and cultivated at Vincennes, or in the Illinois country, under a supposed grant of the same by any commandant or court claiming authority to make such grant, the governor of the said territory be, and he hereby is, empow- ered to confirm to the persons who made such improvements, their heirs or assigns, the lands supposed to have been granted as aforesaid, or such parts thereof as he in his discretion may judge reasonable, not exceeding, to any one person, four hundred acres. “Sect. 5. And be it further enacted—That a tract of land, con- taining abóut five thousand four hundred acres, which, for many years, has been fenced and used by the inhabitants of Win- cennes as a common, be, and the same is, hereby confirmed to the said inhabitants, to be used as a common, until a division there- of in severalty among the said inhabitants shall be decreed by law. “Sect. 6. And be it further enacted—That the governor of the said territory be authorized to make a grant of land, not ex- ceeding one hundred acres to each person, who hath not ob- tained any donation of land from the United States, and who, on the first day of August, one thousand seven hundred and - HISTORY OF CONGRESS. 423 Cº. III. National Revenue—Public Lands. 1st Congress. 3d Session. Bill as it passed the Senate. Amend- ments of the House. ninety, was enrolled in the militia of Vincennes, and has done ... militia duty: the said land to be laid out at the expense of the grantees, and in such form and place as the said governor shall direct.” The amendments of the House of Representatives to this bill are these:— “Sect. 2, lime 2. After the word ‘Vincennes,” add ‘or in the Il- linois country.” “Line 5. After the word “eight,’ add, ‘and the governor of the said territory, upon application to him for that purpose, is here- by directed to cause the same to be laid out for such heads of families, or their heirs, and shall also cause to be laid off and confirmed to such persons the several tracts of land which they may have possessed, and which, before the year one thousand seven hundred and eighty-three, may have been allotted to them, according to the laws and usages of the government under which they had respectively settled: Provided, nevertheless, That if such persons, or their heirs, do not return and occupy the said land within five years, such lands shall be considered as forfeited to the United States. “Sect. 5, line 3. After the word “common,’ insert “also a tract of land including the villages of Chohos and Prairie du Pont, and heretofore used by the inhabitants of the said villages as a com- mon.” “Same line, after the word ‘same,’ strike out to the end of the clause, and add, “are hereby appropriated to the use of the inhabitants of Vincennes and of the said villages, respectively, to be used by them as a common, until otherwise disposed of by law. “Sect. 6, line 5. After the word ‘Vincennes,’ insert “ or in the Illinois country,” and to the end of the same line add, ‘ Provided, nevertheless, That no claim founded upon purchase or otherwise, shall be admitted within a tract of land heretofore occupied by the Kaskaskia nation of Indians, and including their village, which is hereby appropriated to the use of the said Indians.” “To the end of the bill add, “Sect. 7. And be it further enacted—That two lots of land, heretofore in the occupation of the priests at Cahokia, and planted near that village, be, and the same is, hereby granted, in fee, to P. Gibault; and that a tract of land at Kaskaskia, for- merly occupied by the Jesuits, be laid off and confirmed to St. Jerome Beauvais, who claims the same in virtue of a purchase thereof. 1791. 424 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. - 1791. ºgº. “ Sect. S. And be it further enacted—That so much of the act * of Congress, of the 28th day of August, one thousand seven hun- m...”. dred and eighty-eight, as refers to the locations of certain tracts the House, of land, directed to be run out and reserved for donations to the ancient settlers, in the Illinois country, be, and the same is, here- by repealed; and the governor of the said territory is directed to lay out the same, agreeably to the act of Congress of the twentieth day of June, one thousand seven hundred and eighty- - eight.” It was then ordered by the Senate, that these amendments be S. Journal, referred to the committee who were originally appointed to Pº" bring in the bill. Senatecon. Mr. Strong, from this committee, made a report on the 3d, H. Journal, Cur. and the Senate then determined to concur in the amendments of P* the House of Representatives, with an amendment to the amend- ment proposed in the sixth section; to wit: “Insert the proviso at the end of the sixth section.” The House of Representatives, on the same day, agreed to this amendment. --º- | }º. ON the 11th of November, 1791, the President of the United 1791–92. st Session. - - - *— States transmitted to the two houses, a message, containing the following paragraph:- , , President’s “Sundry papers relating to the purchase, by Judge Symmes, s. Journal, message of the lands on the Great Miami, having been communicated to p. 340. S 7 - - º me, I have thought it proper to lay the same before you, for H. Journal, your information on that subject.” p. 453. Referred. It was then ordered, that the papers relating to the Miami as also the purchase be referred to the committee appointed to prepare a É. bill to establish offices, for the purpose of granting lands within Brethren, the territories of the United States. To the same committee was f also referred, on the 2d of December, the memorial and peti- tion of the Society of United Brethren for propagating the gos- pel among the heathen, praying that the resolve of Congress of | the 3d of September, 1788, making a grant of certain ſands for Id, p. 467. the benefit of that society, may be confirmed. Bill to as On the 22d of March, 1792, Mr. Williamson, from this com- id. p. 543. i. mittee, presented a bill for ascertaining the bounds of a tract of land purchased by John Cleves Symmes, which was read the first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole on HISTORY OF CONGRESS. 425 CHAP, III. 2d Congress. 1st Session. Bill passed. Petition from Symmes for indul- gence. Bill to au- thorize convey- ance. Passed. Ohio Com- pany. Petition. National Revenue—Public Lands. 1792. the 23d, and reported without amendment, and was then ordered H.Journal, to be engrossed for the third reading; and, on the following day, P.” the bill was read the third time and passed. In the Senate, the Id. p. 546. bill was read the first time on the 26th of March; and, on the S. Journal, 27th, received its second reading, and was referred to Messrs. P. * Strong, Lee, and Read. Mr. Strong, on the 2d of April, re-Id, p. 419. ported an amendment to the bill which was agreed to, and the bill was then ordered to the third reading. The bill was read the third time and passed on the 4th of April. The amendment H. Journal, of the Senate was considered by the House of Representatives P. * on the 5th, and agreed to. - On the 12th of April, a petition was presented to the Senate s. Journal, from John Cleves Symmes, by Jonathan Dayton, his agent, P. 424. praying to have the same indulgences extended to him and his associates, as are granted, or about to be granted, to the Ohio Company, in respect to their future payments for lands pur- chased of the United States; which petition was laid on the table. A committee was appointed by the House of Representatives H.Journal, on the 23d of April, consisting of Messrs. Dayton, Tredwell, P. * and Gilman, to prepare and bring in a bill, or bills, authorizing Id, p. 586. the grant and conveyance of certain lands to John Cleves Symmes and his associates. On the 24th this bill was presented, Id. p. 590. was read the first and second time, and committed to a commit- tee of the whole house. The bill was considered in committee on the 26th, when an amendment was reported, which received the concurrence of the house; and the bill was then ordered to be engrossed for the third reading; and, on the 27th, it was read Id, p. 591. the third time and passed. In the Senate, the bill was read the s. Journal, first time on the 28th; and, on the 30th, on motion, the bill was p. 434. referred to Messrs. Read, King, and Carroll. Mr. Read, on the Id, p. 436. 2d of May, reported several amendments to the bill, which were agreed to; and the bill, by unanimous consent, was then read the third time and passed, in its amended form. And, on the fol- H. Journal, lowing day, the House acquiesced in these amendments. p. 595. A petition and memorial was, on the 2d of March, presented Ibid. from the directors of the Ohio Company of associates, praying Id, p. 526. that Congress would grant them such terms and conditions for the completion of their contract with the late board of treasury, and for confirming their title to the tract of land then purchased, as would relieve them from the danger, difficulty, and dis- tress in which the said company were involved, from causes Wol. I.-54 426 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1792. 2d Congress, which had arisen since the purchase, and which were then wholly H. Journal, 1st Session. - - - - - - unforeseen. This petition was referred to Messrs. Sedgwick, P. 530. Findley, Benson, Learned, and Baldwin. Mr. Sedgwick made Id, p. 543. Report, a report from this committee on the 8th, which was committed to a committee of the whole house. The subject was taken up in committee of the whole on the 22d and 26th, when the fol- lowing resolutions were reported by the committee, and agreed to by the house:— Resolº. “Resolved—That the title ought to be made to the Ohio Com- º 549, i.” pany, for so much of the lands on their contracts as they have "" actually paid for. - “Resolved—That, in addition to the above quantity of land, - there be also granted to the said Ohio Company, two hundred - and fourteen thousand two hundred and eighty-five acres, being the proportion they were, by a resolve of Congress, authorized to pay in army rights, upon their delivering to the secretary of the treasury, army rights sufficient for the purpose; and that - there be also granted to the said company, in addition to the be- fore mentioned tracts, one hundred thousand acres, to make good one thousand lots of one hundred acres each; appropriated by the said company as bounties to such as might become settlers within the said purchase, upon condition, nevertheless, that the said company shall make good such bounties, as well to future settlers, as to those already settled. “Resolved—That a title be made to the said company, for the remainder of the one million five hundred thousand acres, con- tracted for upon their paying into the treasury of the United States, a sum not exceeding cents per acre for the same, with interest from the passing an act for that purpose.” * Referred. Committee. It was then ordered that Messrs. Sedgwick, Findley, Benson, Id, p. 553. * Learned, and Baldwin, prepare and bring in a bill pursuant to these resolutions. On the 29th, Mr. Sedgwick presented a bill authorizing a grant and conveyance of certain lands to the Ohio Id. p. 562, Company of associates, on the terms therein expressed, which * was read the first and second time, and committed to a commit- tee of the whole house. On the 4th and 5th of April, the bill Id, p. 564 was acted on in committee of the whole, and was reported with various amendments, which were agreed to by the house, and the bill was then ordered to be engrossed for the third reading. And on the 6th, the blanks were filled up, and the bill was read Passed by the third time and passed. In the Senate, the bill was read the S. Jourº, * first and second time, on the 6th and 9th, and was referred to p.421,42% HISTORY OF CONGRESS. - 427 Chap, III. National Revenue—Public Lands. 1792. #º. Messrs. Rutherford, Gunn, and Sherman. Mr. Rutherford, on * the 12th, reported several amendments to the bill, which were s. Journal, discussed on the 14th and 16th, when, on the question to amend P. 425. the bill as reported, it was decided in the negative. Id. p. 426. On the question to agree to the third section of the bill, as sent from the house, on the following terms:— Amended “Sect. 3. And be it further enacted—That the President be, and in Senate, he hereby is, further authorized and empowered, by letters pa- tent as aforesaid, to grant and convey to the said Rufus Putnam, Manasseh Cutler, Robert Oliver, and Griffin Greene, and to their heirs and assigns, in fee simple, in trust for the uses above ex- pressed, a further quantity of one hundred thousand acres of land:—Provided, always, nevertheless—That the said grant of one hundred thousand acres shall be made on the express condition of becoming void, for such part thereof as the said company shall not have, within five years from the passing of this act, conveyed in fee simple, as a bounty, and free of expense, in tracts of one hundred acres, to each male person, not less than eighteen years of age, being an actual settler at the time of such convey- ance:”— It was determined in the affirmative, by the following vote:- Id, p. 427. Yeas—Messrs. Bradley, Cabot, Foster, Izard, Langdon, Lee, Morris, Robinson, Sherman, Stanton, Wingate.—11. JVays—Messrs. Burr, Carroll, Ellsworth, Few, Gunn, Hawkins, Henry, Johnston, Monroe, Read, Rutherford.—11. The numbers being equal, the Vice-President decided the ques- tion by giving the casting vote in favour of the section. It was then agreed to expunge the fifth section, as follows:— “Sect. 5. And be it further enacted—That the President shall be, and he hereby is, authorized and empowered, to grant and convey, as aforesaid, to the said company of associates, in the pro- portion of their respective rights and interests, the residue of the said one million five hundred thousand acres of land: Provided— The said company, or any of them, or of their agents, shall, within six years from the passing of this act, pay into the treasury of the United States therefor, at the rate of twenty-five cents per acre, with the interest thereof: Provided, nevertheless—That bounty warrants for land may be received in payment for the whole or any part of the said tract, which shall remain after de- ducting the reserved lots.” The bill was then ordered to the third reading. And on the Id, p. 428, 17th the bill was again taken up for consideration, when it was 428 HISTORY OF CONGRESS. CHAP. III. National Revenue—Public Lands. 1792. *.*.*.* moved to amend the second section, so as that the President of *— the United States shall be authorized to grant and convey to the said Rufus Putnam and others, one other tract of one hundred and twenty-five thousand, in lieu of the two hundred and four- teen thousand, two hundred and eighty-five acres of land. This motion was decided in the negative. An unsuccessful motion was then made to expunge the third section. Motions to It was then moved to add the following as an additional sec- amend tion:- “And be it further enacted—That the terms hereinbefore al- lowed to the Ohio Company of associates, so far as the same are applicable to, and respect the price of the lands to be granted in virtue of the first payment, and the admissibility of army bounty rights in discharge thereof, be, and they are, hereby extended to John Cleves Symmes, and his associates, the purchasers of a tract of land lying upon the Ohio, and between the Miami ri- vers: Provided, always, and be it further enacted, that, instead of a donation of one hundred thousand acres, as mentioned in the third section, not more than sixty-six thousand acres be granted to the said John Cleves Symmes, and his associates, for the like purposes, and under the like conditions as are therein prescribed and required.” And the question being put, this motion was determined in the negative by the following vote:– Yeas—Messrs. Burr, Hawkins, Johnston, Monroe.—4. JVays—Messrs. Bradley, Cabot, Carroll, Dickinson, Ellsworth, Few, Foster, Henry, Langdon, Lee, Morris, Read, Robinson, Sherman, Stanton, Wingate.—16. - Bill passed The bill was then passed, as amended; and on the 18th, the H.Journal, ** House of Representatives concurred in the amendments of the P. 381: Senate. Contract The following message was transmitted by the President of 1791–92. .." the United States to the two Houses of Congress, on the 20th of som, December, 1791. p.357,358. * United States, December 20, 1791. H. * “ Gentlemen of the Senate and of the House of Representatives:— P. º “I lay before you the copy of a letter which I have received - from the governor of the commonwealth of Pennsylvania, and of Sundry documents which accompanied it, relative to a contract for the purchase of a certain tract of land bounding on Lake HISTORY OF CONGRESS. 429 Chap. III. National Revenue—Public Lands. 1791–92. #ºngress. Erie; together with a copy of a report of the secretary of state 1st Session. - - - on the same subject. “G. WASHINGTON.” In the House of Representatives, the message and accompa- nying papers were referred to Messrs. Madison, Benson, and Sedgwick, with instruction to bring in the necessary bill or bills. And on the 21st, Mr. Madison presented a bill for carrying into H. Journ 1, effect a contract between the United States and the state of P. 479. Pennsylvania, which was then read the first time, and, on the fol- lowing day, received the second reading, and was committed to a committee of the whole house. On the 23d, the bill was Id. p. 480, considered in committee, reported without amendment, and or- 481. Bill passed dered to the third reading, and, on the 26th, it was read the ** third time and passed. On the 26th, 27th, and 28th, this bill s, Journal, And se. went through the various stages in the Senate, and was passed Pº”. nate. without amendment. *Session. In November, 1792, a letter was received by Congress from H. Journal, Proposi-Messrs. Hebert and Company, of the city of Paris, stating certain P. 9%. tions of - - - - Hjerind propositions for the purchase of a quantity of vacant lands, the CoofParis, property of the United States. The letter was received by the Senate, transmitted on the 16th of November to the House of Representatives, and, after being read, was laid on the table. i. of On the 27th of November, the speaker laid before the house .." a letter from the governor of the territory of the United States, Petition north-west of the river Ohio, covering a petition of a number of º inhabitants of St. Vincennes, on the Wabash, praying that the resurvey of their lands, directed by a late law, may be made at the public expense. These documents were referred to Messrs. Livermore, Muhlenberg, and Leonard, with an instruction to re- port their opinion. On the 14th of December, Mr. Livermore Id. p. 628. made a report from this committee, which was taken up for con- id. p. 649. sideration on the 31st, when the house adopted this resolution:- 657. º: “Resolved—That the survey, directed by the resolve of the house," late Congress, of the twenty-ninth of August, one thousand Se- ven hundred and eighty-eight, of the lands ceded by the state of Virginia to the United States in the territory north-west of the river Ohio, and confirmed to the French and Canadian inhabi- tants, and other settlers of the Kaskaskias, St. Vincennes, and the neighbouring villages, who, in or before the year one thou- sand seven hundred and eighty-three, had settled there, and had professed themselves citizens of Virginia, be made at the expense of the United States.” 430 HISTORY OF CONGRESS, CHAP. III. - - National Revenue—Public Lands. 1793. 2d Congress. It was then ordered that Messrs. Livermore, Muhlenberg, and **— Leonard, prepare and bring in a bill, or bills, in conformity with this resolution. On the 7th of January, 1793, Mr. Livermore, from this committee, presented a bill to repeal part of a resolu- - tion of Congress, of the 29th of August, 1788, respecting the in- Bill read habitants of Port St. Vincents; which was read the first and se- H. Journal, twice. cond time, and committed to a committee of the whole house. P.” On the 5th of February, this bill was considered in committee, and reported without amendment. Being then amended in the Id, p. 690. Passed by house, it was ordered to be engrossed for the third reading; and, * on the 6th, it was read the third time and passed. On the 6th, S. Journal, 7th, and 8th, the bill had the first and second reading in the Se- ºg. 480– nate, and was referred to Messrs. Rutherford, Brown, and Brad- And seley. The bill was reported without amendment on the 12th, Id. p. 484. nate. and, on the 13th, was read the third time and passed. Grant to On the 9th of February, 1793, a petition was presented to the H.Journal, *. House of Representatives from the French inhabitants of Galli- P. 697. lis. polis, praying that the title to certain lands in the territory of Petitions, the United States, north-west of the river Ohio, which they pur- chased from the agent of the Sciota Company, in the year 1790, might be confirmed to them. This petition was referred to Messrs. Wadsworth, Sedgwick, Findley, White, and Barnwell, for examination. Also, on the 11th, the petition of Benjamin Id, p.699. Arnaud and Francis Salamire, of Gallipolis, was presented, pray- ing that the attention of Congress might be given to the first pe- tition. To this petition the same reference was given. On the ra. p. 703. 14th, Mr. Wadsworth made a report, which was ordered to lie on the table, and, on the 20th, it was taken up for consideration, Id, p. 709. when the House agreed to the following resolution:— - Resolution “Resolved—That there be granted to the said petitioners, of House. thirty thousand acres of land, to be divided among them in quan- tities proportioned to their late purchases of the Sciota Compa- ny; and that the further quantity of twenty thousand acres be divided equally among such of the said petitioners as are actual settlers of the said territory.” It was then ordered that a bill be brought in, pursuant to this resolution, and Messrs. Wadsworth, Sedgwick, Findley, White, and Barnwell, were appointed to prepare and bring in the same; and, on the 22d, Mr. Wadsworth, from this committee, pre- Id, p.714. sented a bill to authorize a grant of land to the French inhabitants of Gallipolis, which was read the first and second time, and com- mitted to a committee of the whole house. On the 26th, the Id, p.718, HISTORY OF CONGRESS. 431 Chap. III. National Revenue—Public Lands. - - 1793. §§º bill was taken up and considered in committee, and several amendments were reported, which were agreed to by the house, and the bill was then ordered to be engrossed for the H. Journal, Billpassed third reading; and, on the 27th, the bill was read the third P. 719. by House time and passed. In the Senate, this bill was read the first and S. Journal, second time on the same day, and was then committed to Messrs. P. * Ellsworth, Brown, and Burr, to consider and report thereon. On the 2d of March, Mr. Ellsworth made a report from this com- Id, p. 504, mittee, together with an amendment, which was disagreed to by the Senate. It was then moved to postpone the further conside- ration of this bill to the next session of Congress; but this mo- tion was determined in the negative. It was then moved that Rejected the bill pass to the third reading; but this motion being also de- ** cided in the negative, the bill was rejected. Various were the petitions and memorials presented during this period, with a view to the obtainment of portions of the pub- lic lands, upon which no legislation ensued. There was also a łºś. petition or memorial presented on the 13th of December, 1791, 1791–92. Petition of from James Wilson and others, in behalf of the land companies H. Journal, Wilson on of the Illinois and Oubache, praying to be permitted to exhibit P. 47% i. the titles of the companies to certain western lands, heretofore Oubache purchased by the said companies, under the sanction of lawful ** authority, and to make proposals for a reasonable compromise, which was referred to Messrs. Livermore, Fitzsimons, and Id, p. 558. Clarke. From this committee, Mr. Livermore made a report on the 3d of April, which was ordered to lie on the table, and there was no action on that report during this Congress. º - tº 432 HISTORY OF CONGRESS. CHAP. IV. - Executive Departments—Officers, &c. 1789. 1st Congress. - 1st Session. - CHA PTER IV. Creation of Executive Departments—Treasury—War—Foreign Affairs—Salaries —Western Territory—Territory South of Ohio–Accounts between United States and individual States—Soldiers' Arrearages—Foreign Intercourse—Con- suls—Mint—Foreign Coins—Treasury Regulations, &c.—Robert Morris—Al- leged Violations of Law by Secretary of Treasury—Complaints of Secretary concerning Printing of Reports—Fees for Transfer of public Securities. Executive THE creation of the executive departments was necessarily an . object of the early solicitude of Congress. Soon after the orga- nization of the two houses was completed, this subject was deli- berated upon in the committee of the whole on the state of the Union, of the House of Representatives; and, on the 20th of May, Mr. Trumbull, the chairman of that committee, reported to the house a resolution, which was, on the following day, amended, and agreed to, in the following form:— - “Resolved—That it is the opinion of this committee, that there ought to be established the following executive depart- ments; to wit: a department of foreign affairs, at the head of which shall be an officer to be called secretary to the United States for the department of foreign affairs, removable by the President; a treasury department, at the head of which shall be an officer to be called secretary to the United States, for the trea- sury department, removable by the President; a department of war, at the head of which shall be an officer, to be called secre- tary to the United States, for the department of war, removable by the President.” committee It was then ordered that a committee, to consist of eleven - *P* members, be appointed to prepare the necessary bills, and Messrs. - Baldwin, Vining, Livermore, Madison, Benson, Burke, Fitz- simons, Boudinot, Wadsworth, Gerry, and Cadwalader, were appointed of this committee. war, and On the 2d of June, Mr. Baldwin, from this committee, pre- Fº aſ sented a bill to establish an executive department, to be de- nominated the department of war; and also a bill to establish an executive department, to be denominated the department H. Journal, p. 38, 39. Id. p. 44, of foreign affairs; both of which bills were then read the first º - HISTORY OF CONGRESS. 433 CHAP, IV. Executive Departments—Officers, &c. 1789. 1st Congress. 1st Session. Treasury. Motions in committee, Amend- ments in the House. - time. On the following day, they received their second read- ing, and were committed to a committee of the whole house for the next Tuesday. On the 4th, Mr. Baldwin presented a H. Journal, bill to establish an executive department, to be denominated P. 45, 46. the Treasury Department, which was read the first time, and re- ceived the second reading on the 5th, and was committed for Id, p. 47. the following Tuesday. This order was, on the 10th, post- poned until the next Tuesday, and on that day, the 16th, the Id, p. 49. house resolved itself into a committee of the whole, on the bill es- tablishing an executive department, to be denominated the de- partment of foreign affairs. The committee were engaged on Id, p. 50, this bill during the 17th, 18th, and 19th, when several amend- 51. ments were reported, which, on the 22d, were taken up for consideration by the house, and agreed to. A motion was then made further to amend the bill, by striking out the words “in case of vacancy in the said office of secretary to the United States, for the department of foreign affairs,” in the second enacting clause, and inserting, in lieuthereof, the words “whenever the said principal officer shall be removed from of fice by the President of the United States, or in any other case of vacancy.” [There had been a considerable discussion in committee of Leigh's the whole, on the words, in the first clause of the bill, “to be * *::: removable from office by the President of the United States,” 450–600, which Mr. White moved to strike from the bill. The motion was opposed by Mr. Madison, Mr. Vining, Mr. Boudinot, Mr. Ames, Mr. Hartley, Mr. Lawrance, Mr. Clymer, Mr. Lee, Mr. Silvester, Mr. Scott, Mr. Goodhue, Mr. Baldwin; and was de- fended by Mr. Smith, of South Carolina, Mr. Huntington, Mr. Sedgwick, Mr. White, Mr. Gerry, Mr. Livermore, Mr. Jack- son, Mr. Page, Mr. Sherman, Mr. Stone, Mr. Benson. On the motion to strike out the words, it was decided in the negative; ayes 20, noes 34. A motion was then made by Mr. Carroll to limit the operation of the act, but he withdrew his motion to enable Mr. White to move to strike out the clause respecting the salary, and this motion was agreed to..] The question being taken on the motion before the house, it H. Journal, was decided in the affirmative, by the following vote:- p. 50,51. Ayes–Messrs. Ames, Baldwin, Benson, Brown, Burke, Car- roll, Clymer, Contee, Fitzsimons, Gilman, Goodhue, Griffin, Hart- ley, Heister, Lawrance, Lee, Leonard, Madison, jr., Moore, Muh- lenberg, Scott, Sedgwick, Seney, Sinnickson, Smith, of Mary- land, Silvester, Thatcher, Trumbull, Wining, Wadsworth. –30. Wol. I-55 434 HISTORY OF CONGRESS. CHAP. IV. - Executive Departments—Officers, &c. 1789. 1st Congress. 1st Session. Amend- ments in the House, Read the third time, and passed. Acted on andamend- ed in Se- nate, JVoes—Messrs. Cadwalader, Coles, Gerry, Grout, Hathorn, Huntington, Livermore, Mathews, Page, Parker, Partridge, Van Rensselaer, Sherman, Smith, of South Carolina, Sturges, Sump- ter, Tucker, White-18. It was then moved further to amend the bill, by striking out H.Journal, the words “to be removable from office by the President of the Pºº. United States,” in the first enacting clause. This was the mo- tion which caused the debate in committee, to which reference has been made, and the decision of the committee was now re- versed, the question being determined in the affirmative, as fol- lows:— Ayes–Messrs. Ames, Baldwin, Benson, Brown, Burke, Clymer, Coles, Gerry, Goodhue, Griffin, Grout, Hathorn, Huntington, Leo- nard, Livermore, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Partridge, Van Rensselaer, Scott, Sherman, Sin- nickson, Smith, of South Carolina, Sturges, Sumpter, Wining, White.—31. JVoes—Messrs. Boudinot, Cadwalader, Carroll, Contee, Fitzsi- mons, Gilman, Hartley, Heister, Lawrance, Lee, Schureman, Sedgwick, Seney, Smith, of Maryland, Silvester, Thatcher, Trumbull, Tucker, Wadsworth.-19. The bill was then ordered to be engrossed and read a third time. Id. p. 32. On the 24th it received the third reading, and the question being then put, on its passage, was determined in the affirmative, as follows:— - Ayes–Messrs. Ames, Benson, Boudinot, Brown, Burke, Cad- walader, Carroll, Clymer, Contee, Fitzsimons, Gilman, Goodhue, Griffin, Hartley, Heister, Huger, Lawrance, Lee, Madison, jr., Moore, Muhlenberg, Schureman, Scott, Sedgwick, Seney, Sin- nickson, Silvester, Trumbull, Wining—29. Moes—Messrs. Coles, Gerry, Grout, Hathorn, Huntington, Jack- son, Leonard, Livermore, Mathews, Page, Parker, Partridge, Van Rensselaer, Sherman, Smith, of Maryland, Smith, of South Ca- rolina, Stone, Sturges, Sumpter, Thatcher, Tucker, White—22. The bill was then sent to the Senate, where it received the S. º p. 37, 2 first reading on the 25th, but was not taken up for the second reading until the 14th of July, when it produced a debate, which continued during the 15th, 16th, and 17th. On the last named day, it was agreed to expunge, in the first line, the words “Con- gress of the United States,” and to insert “Senate and House of Representatives of the United States of America, in Congress as- sembled,” and the bill was then ordered to the third reading. On the 18th the bill was again considered. Previously to any question - Id, p. 52, 53, 42. HISTORY OF CONGRESS. CHAP, IV. 1st Congress. 1st Session. Bill passed y Senate. Executive Departments—Foreign Affairs. being put, the Senate adopted an order that, in taking the yeas and nays, where the Vice-President is called upon to vote, the secretary propose to him the question. It was then moved to strike out of the bill these words, page 3d, line 15th, “by the President of the United States,” and the yeas and nays being re- quired thereupon by one fifth of the Senators present, it was de- termined as follows:— Yeas—Messrs. Few, Grayson, Gunn, Johnson, Izard, Langdon, Lee, Maclay, Wingate.—9. Mays—Messrs. Bassett, Carroll, Dalton, Elmer, Henry, Morris, Paterson, Read, Strong–9. The numbers being equal, the Vice-President decided the ques- tion, by recording his vote in the negative. It was therefore determined that the clause should be retained. A motion was then made to strike out the following words:– « Line 4th: “Such duties as shall, from time to time, be en- joined on, or intrusted to him by the President of the United States, agreeably to the Constitution, relative to correspondences, commissions, or instructions, to or with public ministers or con- suls from the United States, or to negotiations with public mi- nisters from foreign states or princes, or to memorials or other applications from foreign public ministers, or other foreigners, or to such other matters, respecting foreign affairs, as the Presi- dent of the United States shall assign to the said department. And, furthermore, that the said principal officers shall conduct the business of said department, in such manner as the Presi- dent of the United States shall, from time to time, order or in- struct.” - - “And in lieu thereof, to insert as follows: “the duties of his office with integrity, ability, and diligence.’ This question, also, was decided in the negative. A motion to strike out of line 13th, these words, “To be ap- pointed by the said principal officer,” was likewise determined in the negative. It was then agreed to expunge the proviso in lines 17th, 18th, and 19th, as follows:– “ Provided, nevertheless—That an ap- pointment of such chief clerk shall be valid, until the same shall have been approved by the President of the United States.” The question was then put on concurring in the bill, as now amended, and was decided in the affirmative, by the following Vote:— - - Yeas—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Henry, Morris, Paterson, Read, Strong—10. S. Journal, p. 42, 43. 436 HISTORY OF CONGRESS. CHAP, IV. Executive Departments—Foreign Affairs—War. 1789. #gº. Nays—Messrs. Few, Grayson, Gunn, Johnson, Izard, Lang- T don, Lee, Maclay, Wingate.—9. House.com. The House of Representatives, on the 20th, considered and H. Journal, cult. agreed to the amendments. p. 63. Motion for On the 23d of July, it was moved, in the House of Repre- H. Journal, *. sentatives, “That a committee be appointed to bring in a bill "“” bill. supplementary to the act for establishing the department of fo- reign affairs, declaring that department to be hereafter denomi- nated ; and that the principal officer in that department | shall have the custody of the records and seal of the United States; and that such bill do contain provision for the fees of office, to be taken for copies of records; and further provision for the due publication of the acts of Congress, and other matters relating to the premises, as the committee shall deem necessary Rejected, to be reported to this house.” This motion was rejected. WAR DE- On the 24th, the House of Representatives, in committee of H.Journal, * the whole, considered the bill for establishing an executive de-P. 38.9% partment, to be denominated the Department of War, and having gone through the same, reported several amendments, which were agreed to on the following day, and the bill was ordered to Bill passed be engrossed for the third reading. The bill was read the third by House time on the 27th, and was passed, and sent to the Senate, where S. Journal, it was read the first time on the 6th of July, received the second gº 44. reading on the 21st, and, on the 4th of August, was taken up " on the question of its third reading. It was then moved to strike out these words, in lines 6th, and 7th, “ and naval,” “ships,” or “naval affairs;” but this motion was not agreed to. A motion was then made to strike out the words, line 14th, “and, who, whenever the said principal officer shall be removed from office by the President of the United States.” The ques- tion, on this motion, was decided in the negative, as follows:– Yeas—Messrs. Butler, Few, Gunn, Grayson, Johnson, Izard, Langdon, Lee, Wingate.—9. Nays—Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, King, Morris, Read, Schuyler, Strong—10. Amended The Senate then concurred in the bill, with the following Id. p. 52. by Senate amendments:— “Line 1. After ‘Be it enacted by the,” strike out Con- gress of the United States,’ and insert Senate and House of Representatives of the United States of America, in Con- gress assembled.” “Line 3. After ‘war,’ strike out ‘and.’ Strike out by rea- son of,” and insert, “for.” - HISTORY OF CONGRESS. 437 | CHAP. IV. Executive Departments—Treasury. 1789. º “ Line 16. Strike out, ‘ Provided, nevertheless—That no ap- pointment of such chief clerk shall be valid, until the same shall have been approved by the President of the United States.” These amendments being communicated to the House of Re- Housecon presentatives on the 5th of August, were there considered and H. Journal, Cull'. agreed to. p. 72. Tamsun, The House of Representatives, on the 25th of June, delibe- d. p. 54. º rated, in committee of the whole, on the bill establishing an ex- ecutive department, to be denominated “ the Treasury Depart- ment;” and resumed the subject on the 29th and 30th, when Id. p. 55, several amendments were reported to the house, which were fur- * ther amended on the 1st of July, and the bill was then ordered to Id, p. 57. Billpassed be engrossed for the third reading. And, on the 2d, the blanks S. Journal, by House having been filled up, the bill was read the third time and passed, % º 44. and was sent to the Senate, where it received the first reading 2 * v- on the 6th, and was read the second time on the 21st; the sub- ject of the second reading was resumed on the 29th, and 30th; and, on the 31st, the bill was further considered and discussed, Acted on on the question of the third reading. A motion to strike out, at the end of the first paragraph, the words “and an assistant to the secretary of the treasury,” was rejected; as, also, was a mo- tion to strike out the words “secretary of the treasury,” and to insert “three superintendents of the treasury.” The bill was then concurred in by the Senate, with the following amend- ments:— Amend. “Page 1, line 5. After ‘treasury,’ insert “which assistant shall º: be appointed by the said secretary.” “ Line 20. Strike out of.” Between the words debts’ and * due,” insert ‘ that are or shall be.” “Page 2, line 3. Between the words ‘the and ‘house, insert ‘Senate, and.” “Line 15. Strike out ‘ three,” and insert “six.’ “Line 20. Strike out “certify upon,' and insert “record.” “Line 21. After ‘treasury,’ insert “certify the same thereon.” “Line 23. Strike out these words:—“And be it further enacted— That the assistant to the secretary of the treasury shall be ap- pointed by the President; and whenever the secretary shall be re- moved from office by the President of the United States, or in any other case of vacancy in the office of secretary, the assistant shall, during the vacancy, have the charge and custody of the records, books, and papers, appertaining to the said office.” “ Line 28, Strike out, ‘that shall be.’ 438 HISTORY OF CONGRESS, CHAP. IV. Executive Departments—Treasury. 1789. 1st Congress. 1st Session. Amend- ments of Senate. “Page 3, line 5. Strike out these words, “on conviction, be deemed guilty of a high misdemeanor, shall forfeit the penalty of five thousand dollars, and be for ever incapable of holding any of fice under the United States; and any other officer, herein men- tioned, so offending, shall be removed from office, and pay a fine of two thousand dollars: the forfeitures under this act to go, one- Resolution of House, partially disagree- ing. Senate in- Sist. Confer- EIlcC. half to the United States, the other half to him who will sue for it,” and insert these words, ‘be deemed guilty of a high misde- meanor, and forfeit to the United States the penalty of three thousand dollars; and shall, upon conviction, be removed from of fice, and for ever thereafter incapable of holding any office under the United States: Provided—That if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one-half of the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information.’” The House proceeded to consider these amendments of the H.Journal Senate, on the 3d and 4th of August. On the last named day, P. 70, 71. the following resolution was adopted:— “Resolved—That this house doth agree to so much of the eighth amendment as proposes to strike out the following words, in the seventh clause of the bill; namely:- The assistant to the se- cretary of the treasary shall be appointed by the President, and,’ and doth disagree to such other part of the said amendment, as proposes to strike out the residue of the clause.” On the 5th, Id, p.7% the other amendments of the Senate were agreed to by the House. The Senate, on the same day, adopted a resolution to S. Journal insist on their eighth amendment, as it was originally passed. On Pº the 10th, the House of Representatives resolved to desire a con- H. Journal, ference with the Senate, on the subject matter of the said eighth P.” amendment; and Messrs. Madison, Fitzsimons, and Boudinot, were appointed managers on the part of the house. The Se- S. Jºurnal nate, assenting to the conference, appointed Messrs. Johnson, Lee, * 8 and Strong, to be their managers. On the 14th, Mr. Johnson Id, p. 59. reported to the Senate that the managers on their part had con- ferred with the committee of the House of Representatives, on H. Journal the disagreement of the two houses, but could not agree upon a P". report. The report of the managers on the part of the House was made by Mr. Madison on the 24th, when the House adopted a resolution to adhere to their disagreement to so much of the eighth amendment of the Senate, as had been disagreed to by the House, and insisted on by the Senate. The Senate resumed HISTORY OF CONGRESS. - 439 CHAP. Iv. 1st Congress. 1st Session. Senate re- cede. SALARIES. Bill to es- tablish Sa- laries of ex- ecutive of. ficers, Passed by House, Executive Departments—Salaries. 1789. the consideration of the subject on the 25th, when, on a motion to recede from their resolution to insist on their amendment, the question was determined as follows:— Yeas—Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, King, Morris, Paterson, Read, Schuyler.—10. JWays—Messrs. Butler, Dalton, Few, Gunn, Johnson, Izard, Langdon, Lee, Maclay, Wingate—10. - The numbers being equal, the question was decided by the s. Journal, Vice-President, who gave his vote in the affirmative; so that P. 63. the Senate determined to recede from their disagreement. On the 5th of August, it was resolved by the House of Re- H. Journal, presentatives, that a committee be appointed to bring in a bill to * 72. 89. establish the salaries of the executive officers of government, with their assistants and clerks;” and Messrs. Fitzsimons, Law- rance, and Griffin, were appointed of such committee. And, on the 24th, Mr. Fitzsimons, from this committee, presented a bill in conformity to this resolution, which was then read the first time, and received the Second reading on the next day, when it was committed to a committee of the whole house. This bill Id.p,92,93.” was considered in committee of the whole on the 28th, and se- veral amendments were reported, which, after being amended, were agreed to, and the bill was ordered to be engrossed for the third reading. On the 29th, the bill was read the third time, and the question, on its passage, was decided in the affirmative by the following vote:- effyes–Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Cadwalader, Gale, Goodhue, Griffin, Hartley, Heister, Jackson, Amended y Senate, Lawrance, Lee, Mathews, Moore, Scott, Sedgwick, Sherman, Silvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Trumbull, Tucker, Wadsworth, Wynkoop.–27. Noes—Messrs. Coles, Floyd, Foster, Gerry, Grout, Hathorn, Livermore, Parker, Partridge, Van Rensselaer, Schureman, Se- ney, Sinnickson, Stone, Sumpter, Thatcher.—16. The bill having been sent to the Senate, was there read the S. Journal, first and second time, on the 31st of August, and 1st of Septem- P. º. 7°. ber, and on the 7th it was read the third time and passed, with nine amendments. On the 8th, the House considered and dis- H. Journal, posed of these amendments, some of which were disagreed to, P. * and others adopted. The amendments agreed to, were the first, fourth, seventh, eighth, and ninth. It was then resolved by the S. Journal, Senate to recede from the second and sixth, and to insist on the P'7% third and fifth amendments; and on the 9th the House of Repre- - sentatives receded from their disagreement to the third and fifth H. Journal, amendments of the Senate. p. 106 440 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Salaries. 1790. ºgº. On the 3d of April, 1790, a motion was submitted to the House T of Representatives, that the secretary of state be authorized to supple employ one additional clerk, with a salary of eight hundred dol- H. Journal, Fºº lars per annum; and this motion was referred to Messrs. Vining, P." Sherman, and Lee, with instructions to prepare and bring in a bill in conformity to this motion; and, on the 13th, Mr. Vining, Id. p. 193, from this committee, presented a bill supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks, which then received the first reading, and was, on the next day, read the second time, and Id. p. 194, committed to a committee of the whole house. The bill was considered in committee of the whole on the 29th, when several amendments were reported, and the bill was then ordered to be passed by engrossed for a third reading; and on the 30th the bill was read Id, p.205, House, the third time and passed. And se. In the Senate this bill was read the first time on the same day, S. Journal, nate. and on the 3d of May, received its second reading, and was re- Fºº ferred to Messrs. Few, Izard, and Ellsworth. Mr. Few reported "' the bill on the 28th of May, when it was read the third time and - 3d session. An act, in addition to an act for establishing the salaries of the 1791. Actin ad- executive officers of government, with their assistants and clerks, H. Joum, ** was introduced into the House of Representatives in this third P.39%4% Passed by session, and was passed without obstruction. The object of this S. Journal, House. bill was to add two hundred dollars to the annual salary of the chief P* clerk of the auditor. The bill was read in the Senate a first and Id. p. 307. second time on the 2d of March, and was ordered to a third read- ing. On the 3d, the question on the third reading being before Amended the Senate, and the bill having been amended, it was determined *Y* that the bill should pass, as amended, by the following vote:- Yeas—Messrs. Butler, Carroll, Dickinson, Hawkins, Henry, Johnston, Izard, King, Langdon, Lee, Monroe, Morris, Read, Schuyler.—14. Nays—Messrs. Bassett, Dalton, Ellsworth, Elmer, Foster, Johnson, Stanton, Strong, Wingate.-9. The amendments of the Senate were as follows:–To the end of the bill, add, “ .2nd be it further enacted—That there be al- lowed to the clerks employed in the several offices attached to the seat of government, in addition to their respective salaries, their reasonable and necessary expenses incurred by the remo- val of Congress from the city of New York to the city of Phi- ladelphia.” º passed. , HISTORY OF CONGRESS. 441 Chap, IV. Executive Departments—Salaries—Treasury. 1791. . 1st Congress. “Jānd be it further enacted—That there be allowed to the as- 3d Session. - sistant secretary of the treasury, in addition to his salary, for one year, commencing with the passing of this act, four hundred dol- lars, to be paid in the same manner as his salary.” Amend. These amendments being sent to the House of Representatives H. Journal, *...* for concurrence, were there agreed to on the same day. p. 404. greed to. —— #º. ON the 28th of February, 1793, at the second session of the 1793. second Congress, it was ordered by the House of Representatives H. Journal, that Messrs. Fitzsimons, B. Bourne, and Murray, be a committee p. 722.725. Billtoraise to prepare and bring in a bill to increase the salaries of the com- i. * missioner of the revenue, and the auditor of accounts; and, on the soner and 1st of March, Mr. Fitzsimons, from this committee, presented a auditor bill making addition to the compensation of the auditor of the treasury, and the commissioner of the revenue, which was then read the first time, and afterwards received the second reading, and was committed to a committee of the whole house. The bill was considered, on the 2d, in committee of the whole, and several amendments were reported, which were agreed to by the house. The question was then taken on the engrossment of the bill as Id. p. 731, amended, and was decided as follows:– 732. Ayes–Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, B. Bourne, Dayton, Findley, Fitzsimons, Gilman, Goodhue, Hartley, Key, Lawrance, Lee, Muhlenberg, Murray, Parker, Sedgwick, W. Smith, Steele, Thatcher, Tucker, Willis.-24. JVoes—Messrs. Clarke, Giles, Gordon, Greenup, Grove, Hill- house, Kitchell, Livermore, Macon, Niles, Orr, Silvester, Jere. Smith, Sturges, Sumpter, Tredwell, Ward—17. Passed by The bill was then read the third time and passed, and was Id. p. 733. House, hate, sent to the Senate for their concurrence; where, on the same day, s. Journal, it received its three several readings, after an unsuccessful mo- p,503,504, Andbyse tion to postpone its consideration to the next session of Congress, and was passed. –º- łºgºs. At the third session of the first Congress, on the 10th of Febru- 1791. SSion. - * Session. ary, 1791, it was ordered by the House of Representatives that Messrs. Boudinot, FitzSimons, and Ames, be a committee to pre- Billsupple pare and bring in a bill supplementary to the act, entitled “An H. Journal, p. 374, tº to act to establish the treasury department;” and, on the 22d, Mr. Cat- sury act. Boudinot presented a bill bearing this title, which was read the Id, p.386. Vof I —56 442 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Salaries—Treasury. 1791. gº. first and second time, and committed to a committee of the whole T house. The bill was considered in committee on the 24th, and H. Journal, several amendments were reported, which were agreed to by the P. 389. house; and the bill was then ordered to be engrossed for the third Bill passed reading. On the following day, the blanks having been filled up, Id, p. 390. *Y* the bill was read the third time, and passed. In the Senate, the s. Journal, bill was read the first and second time on the 25th and 26th, and Pº” was committed to Messrs. Ellsworth, Butler, Read, Strong, and - King. A motion had been made in the Senate, on the 24th, to agree to the following resolution:- “Whereas, the duties of the treasury department are greatly Id. p. 281. increased by different acts passed since the establishment of the office, insomuch as to make the salaries of the officers inadequate to the fatigue and attention requisite; and whereas, the time of the present session will not admit of regulating the salaries by bill:— - “Resolved—That, for the space of one year, the salaries of the different officers shall be advanced in the proportion of 25 per cent. On their present allowance.” It was then ordered that this motion be referred to Messrs. Id. p. 280. Ellsworth, Butler, Read, Strong, and King, together with a simi- lar motion respecting an additional allowance to the attorney ge- neral, which had been made on the preceding day—so that this committee had now the bill and the two motions before them. On the 26th, Mr. Ellsworth, from this committee, reported vari- Id, p. 290. Amended ous amendments, which were adopted, and the bill was then or- tºº." dered to the third reading. On the 28th, the bill was read the third time and passed, with the following amendments:– “Sect. 3, line 6. After ‘dollars, insert “per annum.’ “At the end of the bill add—‘Sect. 4. And be it further enact- - ed, by the authority aforesaid—That there shall be allowed, for one year, commencing with the passing of this act, to the register, two hundred and fifty dollars; and to the auditor, the comptroller of the treasury, and the attorney general, four hundred dollars each, in addition to their respective salaries, and to be paid in the same manner.’” The title was also amended, by adding to it the following words: “And for a further compensation to certain officers.” Housecon. The House of Representatives, on the 1st of March, agreed to H. Journal Cull". the amendments of the Senate. p. 398, HISTORY OF CONGRESS, 443 Chap, IV. Executive Departments—Treasury and War. 1792. #º. ON the 3d of April, 1792, being the first session of the second S. Journal, Congress, the Senate adopted an order, by which Messrs. King, p. 419. Strong, and Ellsworth, were appointed a committee to consider and report whether any, and what, alterations are necessary to be made in the acts establishing the treasury and war depart- Bill con- ments. Mr. King, on the 10th, reported a bill on the subject, Id.p.422– *** which was then read the first time, and received the second read. * terations i º 1n ing on the following day. On the 12th and 13th, the bill was fur- . ther considered and discussed, as also on the 14th and 17th. The 12th section having been so amended as to read as follows:— “Sect. 12. And be it further enacted—That, in addition to the compensations allowed to the comptroller, auditor, treasurer, and register of the treasury, by the ‘Act for establishing the salaries of the executive officers of government, their assistants, and clerks,” and to the attorney general, by the ‘Act for allowing cer- tain compensations to the judges of the Supreme and other courts, and to the attorney general of the United States,’ the said officers, respectively, shall be allowed the following yearly sums; name- ly:—The comptroller, four hundred dollars; the auditor, four hun- dred dollars; the treasurer, four hundred dollars; the register, five hundred dollars; and the attorney general, four hundred dollars.” Passed by And the question being taken, on agreeing to the section as * thus amended, it was decided in the affirmative, by the follow- ing vote:– Yeas—Messrs. Burr, Cabot, Carroll, Dickinson, Ellsworth, Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, Langdon, Lee, Monroe, Morris, Read, Sherman, Stanton, Strong—20. Mays—Messrs. Bradley, Robinson, Wingate—3. It was further agreed to amend the bill, by increasing the sala- Id, p. 497. ry of the accountant of the department of war, from one thou- sand to one thousand two hundred dollars. - The bill was then, by unanimous consent, read the third time Id, p. 428. and passed. On the 18th of April, the bill received two readings in the H. Journal, House of Representatives, and was then committed to a committee p. 581. of the whole. The bill was considered in committee of the whole, on the 7th of May, when various amendments were reported, Id, p. 601. which were agreed to by the house, and the bill was then read Passed by the third time and passed. The Senate, on the same day, con- s. Journal, * curred in the amendments of the House, with an amendment to p. 441. the amendment to the thirteenth section, to wit, after the word “revenue,” in the third line of the amendment, insert “to the 444 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Western Territory. 1792. #º several commissioners of loans, and to all persons employed in s ession. their respective offices.” This amendment was concurred in by H. Journal, the House of Representatives on the same day. p. 603. --- - 1st congress. On the 14th of July, 1789, it was ordered by the House of 1789. + Representatives, that a committee be appointed to prepare and western bring in a bill, or bills, to provide for the government of the wes- H. Journal, tenoy. tern territory; and Messrs. Fitzsimons, Sedgwick, and Brown, P. 60. were appointed to prepare the same. Mr. Fitzsimons, on the Bill to pro- 16th, reported a bill to provide for the government of the terri- Id. p. 61. Yº..." tory north-west of the river Ohio, which was then read the first time. On the 17th, the bill received its second reading, and was Id. p. 62. committed to a committee of the whole; and on the 20th, the Id. p. 63. bill was taken up for consideration in committee, when several amendments were reported to the house, which were agreed to, Passed by and the bill was ordered to be engrossed for the third reading. * The bill was read the third time, and passed on the following day. In the Senate, the bill received its first reading on the same day, S. Journal, and was read the second time on the 3d of August; and on the . 44, 51, 4th, the Senate proceeded to the third reading of the bill. A motion was then made to amend the bill, by inserting after the word “President,” in the last line of the second section, the words “by and with the consent of the Senate:” it was decided in the negative, by the following vote:– Yeas—Messrs. Butler, Few, Gunn, Grayson, Johnson, Izard, Langdon, Wingate.—8. JWays—Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, King, Morris, Read, Stanton, Strong.—10. Amended The bill was then concurred in, with the following amend- by Senate. ments:— “Line 10. After ‘United States and,’ strike out “all appoint- ments to offices, which by the said ordinance were to have been made by the United States in Congress assembled, shall be made by the President of the United States, with the advice and con- sent of the Senate,’ and insert these words: ‘the President shall nominate, and by and with the advice and consent of the Senate, shall appoint all officers which, by the said ordinance, were to have been appointed by the United States in Congress assem- bled.” * Line 17. After “shall, insert be.” These amendments were agreed to by the House. FI. jº - p. (1 tº HISTORY OF CONGRESS. 445 CHAP, IV. Executive Departments—Western Territory. 1792. #º. At the first session of the second Congress, on the 19th of Ja- H. Journal, * nuary, 1792, a memorial was presented to the House of Repre- p.490. 543. Petition of sentatives, from George Turner, one of the judges of the terri- "... tory of the United States north-west of the Ohio, praying a re- vision of vision of the ordinance for the government of the said territory, ...* and also an increase of compensation to the judges thereof: Commit- which memorial was referred to Messrs. Livermore, Lawrance, tee. White, Williamson, and Smith, of South Carolina. Mr. Liver- Id, p. 544, more, on the 22d of March, made a report from this committee, which was taken up by the house for consideration on the next day, when the following resolution was adopted:– Resolu- “Resolved—That the laws of the territory north-west of the . ºf Ohio be printed, under the inspection of the secretary of state, OuSC, - - - - and delivered to the governor and judges, to be distributed for the information of the inhabitants. - “That the official duties of the secretary of the said territory be under the control of the laws of the territory. “That the governor and judges have power to repeal these laws, if found to be improper. “That a single judge, in the absence of the other judges, be authorized to hold a court. - “That the secretary of state provide seals for the said terri- tory. - “That the military power be subordinate to the civil power. “That the limitation act, passed by the governor and judges of said territory, the twenty-eighth day of December, one thou- sand seven hundred and eighty-eight, ought to be repealed by Congress. “That certain expenses incurred by two of the judges in purchasing a boat to carry the judges and soldiers as an escort on the circuit, and also for sending an express, amounting to , ought to be paid by the United States.” º It was then ordered, that a bill, or bills, in conformity with this º resolution, be brought in, and Messrs. Livermore, Lawrance, White, Williamson, and Smith, of South Carolina, were appoint- ed a committee to prepare and bring in the same. Bill report. On the 31st of March, Mr. Livermore, from this committee, Id. p. 555. ed, presented a bill in addition to an act, entitled ‘An act to provide | for the territory north-west of the river Ohio, which was read the first and second time, and committed to a committee of the whole house. This bill was considered in committee of the whole, on the 8th of May, when it was reported with an amend- ; 446 HISTORY OF CONGRESS, |- CHAP. TV. Executive Departments—Accounts between United States and States. 1792, 20 Congress. 1st Session. Bill passed by House and Senate. 1st Congress. 2d Session. Territory south of Ohio. Bill passed by Senate, And by House. 1st Congress. 1st Session. Accounts #between U. States and individual States. Bill. ment; which was agreed to by the House, and the bill was then H. Journal engrossed, and read the third time on the same day. The bill P.99% having been transmitted to the Senate, received its three several S. Journal, readings on the same day, and was passed. p. 443, -º- THERE was also a Senate bill passed during the second session 1790. of the first Congress, in reference to this subject. On the 7th of . º April, 1790, it was ordered, that Messrs. Ellsworth, Johnston, p. 13U. and Strong, be a committee to bring in a bill, for the govern- ment of the territory of the United States, south of the river Ohio. Mr. Ellsworth reported this bill on the 9th, when it was - read the first time; it was discussed on its second reading, on Id, p.131. - the 12th and 13th, and, on the 14th, was read the third time, Id. p. 132. and passed, and sent to the House of Representatives for their concurrence. On the 14th and 15th, the bill received its first H. Journal and second reading in the house, and was committed to a com-" 194, º mittee of the whole. It was taken up for consideration in com- - mittee of the whole, on the 28th of April, and was reported Id., p.20% without amendment; after which it was amended in the house, 204, and ordered to be read the third time. On the following day, it was read the third time, and passed. The amendments were S. Journal considered in Senate on the 4th of May, when it was resolved P. 137. that the Senate do not agree to the proposed amendments. And H. Journal on the 5th, the House adopted a resolution to recede from their P. 209, amendments. - —º- It was found necessary to create a board of commissioners, for 1789. the settlement of the accounts between the United States and | individual states. The legislation on this subject will properly - come under the scope of this chapter. On the 14th of July, 1789, Messrs. Baldwin, Sturges, and H. Journal Smith, of South Carolina, were appointed a committee of the P." 61. House of Representatives to prepare and bring in a bill, or bills, to provide for the settlement of the accounts between the United States and the individual states, agreeably to the ordinance of the late Congress. Mr. Baldwin, on the 16th, presented a bill Id, p.6% to that effect, which was then read the first time, and, on the 17th, received its second reading, and was committed to a com- mittee of the whole house. The bill was taken up for conside- ration in committee, on the 22d, and was reported without Id, p. 64. amendment. A motion was then made, and agreed to, to dis- - º º - - HISTORY OF CONGRESS. 447 CHAP, IV. Executive Departments—Accounts between United States and States. 1789. signgress, charge the committee of the whole from the further considera- H. Journal, 1st Session. Passed by Senate. 2d Session. Bill to in- CI'Case Sa- laries, tion of the bill, and to recommit it to Messrs. Baldwin, Sturges, P. 6 and Smith, of South Carolina. On the 24th, Mr. Baldwin, from s. Journal, this committee, reported an amendment to the bill, which was p. 47,49, agreed to, and the bill was then ordered to be engrossed for the third reading. And, on the 27th, the blanks in the bill being filled up, it was read the third time, and passed. In the Senate, the bill received its three several readings on the 27th, 29th, and 30th, and was passed by that branch without amendment. On the 19th of February, 1790, the speaker laid before the House of Representatives a letter from the board of commis- sioners for settling accounts, respecting the insufficiency of the salaries allowed by law to the clerks employed in that depart- ment, which letter, on the 22d, was referred to Messrs. Gerry, Trumbull, and Gale. Mr. Gerry, on the 26th, made a report on the subject, which was laid on the table; and, on the 5th of March, this report was considered, and was recommitted to the same committee, with instructions to prepare and bring in a bill in conformity with the report. Mr. Gerry, on the 8th, pre- sented a bill for increasing the salaries of clerks, in the office of the commissioners for settling accounts between the United States and individual states, which was then read the first time, and was read the second time on the 9th, and ordered to be en- 1790. H. Journal, p. 161,162. Id. p. 164. Id. p. 169. Passed by grossed for the third reading. On the 10th, the bill was read Îd., p. 171, House, Rejected y Senate. Bill to add two com- missioners to the board, the third time, and passed. In the Senate, this bill was read the first time on the I1th, and was taken up on the second reading S. Journal, on the 12th; and on the 30th, when a motion being made to as- p. 119,120. sign a day for the third reading of the bill, it was decided in the Id, p 125. negative. Thus the bill was rejected, the object being accom- plished by an amendment to a more general bill, the passage of which has already been noticed. On the 4th of August, Mr. Madison moved for leave to bring H. Journal, in a bill for adding two commissioners to the board established P. 288. for settling accounts between the United States and the indivi- dual states; and, leave being granted, Messrs. Madison, Vining, and Wadsworth, were appointed a committee to prepare and bring in such bill. Mr. Madison, on the same day, presented a bill, which was read the first and second time, and committed to a committee of the whole house for the same day. The house then considered the bill in committee, and the bill was reported with an amendment, which was agreed to by the house; and the question being then put on the engrossment of the bill, it was decided in the affirmative, as follows:– - 448 HISTORY OF CONGRESS. | CHAP. IV. Executive Departments—Accounts between United States and States. 1790. *ś. .4/es—Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, S. Journal, *- Brown, Burke, Carroll, Clymer, Coles, Fitzsimons, Gales, Gil- p.288,289, man, Griffin, Grout, Hartley, Heister, Huntington, Lee, Madi- son, jr., Mathews, Moore, Muhlenberg, Page, Parker, Partridge, - Scott, Seney, Sevier, Stone, Sumpter, Trumbull, Tucker, Wads- worth, White, Wynkoop.–36. Noes—Messrs. Boudinot, Cadwalader, Floyd, Foster, Ger- ry, Hathorn, Jackson, Lawrance, Livermore, Van Rensselaer, Schureman, Sherman, Silvester, Sinnickson, Smith, of Mary- land, Smith, of South Carolina, Steele, Sturges, Thatcher.—19. Passed by On the following day, the bill was read the third time, and House passed. -- In Senate, the bill received its first reading on the same day; S. Journal, and, on the following day, the bill having been again taken up p.199,200. Rejected for consideration, and the question being put, “Shall this bill ** pass to the second reading?”—it was decided in the negative. More ef. On the 20th of April, the House of Representatives adopted H. º #.”. a resolution to appoint a committee to inquire what further mea-” accounts. Sures are necessary for making an effectual and speedy settle- ment of the accounts of the several states with the United States, and to prepare and bring in a bill pursuant thereto. And Messrs. Fitzsimons, Williamson, Smith, of Maryland, Schureman, and Sturges, were appointed of this committee. And, on the 23d, for the purpose of obtaining all necessary information, the house | adopted the following orders:– Calls for “Ordered—That the secretary of the department of war be Id, p. 199. * directed to lay before the house an account of the troops, (in- tion. cluding the militia,) and also of the ordnance stores, furnished, from time to time, by the several states, towards the support of the late war; and that the commissioners for settling the ac- counts of the United States with the respective states, be directed to lay before the house an abstract of the claims of the several states against the United States, specifying the principles on which the claims are founded. “Ordered—That the secretary of the treasury be directed to report the sums of money, including indents and paper money of every kind, reduced to specie value, which have been re- ceived from, or paid to, the several states, by Congress, from the commencement of the revolution to the present period. “Ordered—That the commissioners for settling accounts be- tween the United States and individual states, report the amount of such claims of the states as have been offered to them since the time expired for receiving claims, specifying the principles - HISTORY OF CONGRESS. 449 - Chap. IV. Executive Departments—Accounts with States. 1790. lºgongress, on which the claims are founded, and distinguishing them from other claims.” 2d Session. Reports in On the 2d of May, the speaker laid before the house a letter ** and report from the commissioners, in obedience to the above or- der. And on the 11th, the speaker also laid before the house reports from the secretary of war, and the secretary of the trea- sury, in compliance with the directions sent to them on this sub- ject. The following motion was also submitted to the house, on the 7th of May:- - “Resolved—That the secretary of war be, and he is hereby, directed to cause accurate lists to be forthwith published in the newspapers of the states of Virginia and North Carolina, of all the officers and soldiers who are entitled to receive certain ar- rears of pay due to the lines of the army of the said states, for which money was granted and appropriated by Congress at their last session; and that payment be made to the said officers and soldiers, or, where dead, to their legal representatives, under the same regulations as have been adopted for the payment of inva- - lid pensioners, in pursuance of an act passed at the last session of Congress, entitled ‘An act providing for the payment of the in- valid pensioners of the United States,’ and that no claim of any assignee, under any transfer or power to receive the same, bead- mitted as valid, to entitle any person to receive any part of the , said arrears of pay, due to the officers or soldiers of the said lines, except as aforesaid.” This motion was referred to Messrs. Bland, Williamson, and Burke. Mr. Bland presented a report from this committee on the 14th, which was taken up for consideration on the 17th, when the house amended the resolutions of the committee, and adopted them in the following form:— Resolu. “Resolved—That the President of the United States be re- º quested to cause to be forthwith transmitted to the executives due to soil of the states of Virginia, North Carolina, and South Carolina, a i. *... complete list of the officers, non-commissioned officers, and pri: ñº.” vates of the lines of these states, respectively, who are entitled to receive arrears of pay, due for services in the army, in the years 1782 and 1783, annexing the particular sum that is due to each individual, with a request to the executives of the said states, to make known to the claimants, in the most effectual manner, Wol. I.-57 H. Journal, p.206. Id, p.214. Id. p. 210, Id, p.216, 217. 450 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Accounts with States, 1790. ºgº." that the said arrears are ready to be discharged on proper ap- eSS.1011. - - − plication. e.” “Resolved—That the President of the United States be re- House, quested to cause the secretary of the treasury to take the ne- cessary steps for paying (within the said states respectively) the money appropriated by Congress, on the 29th day of September, H. Journal, Amended by Senate. 1789, for the discharging the arrears of pay due to the troops of P. 218, the lines of the said states respectively. “Resolved—That the secretary of the treasury, in cases where the payment has not been made to the original claimant, in per- son, or to his representatives, be directed to take order for making the payment to the original claimant, or to such person or per- sons only as shall produce a power of attorney, duly attested by two justices of the peace of the county in which such person or persons reside, authorizing him or them to receive a certain spe- cified sum.” These resolves were, by the Senate, committed to Messrs. Ells- worth, Lee, Johnston, Izard, and King. Mr. Ellsworth, on the 20th, made a report, which was considered on the 21st, and which was as follows:– “In the first resolve, page 1st, line 7th, insert “and” before “North Carolina,' and expunge ‘and South Carolina.” “Subjoin the following at the end of the last resolution:- Ex- cept where certificates or warrants have been issued under the authority of the United States, for any of the said arrears of pay, and the same shall be produced by the claimant or claimants. Except, also, where powers of attorney, otherwise attested or expressed than as aforesaid, drawn before the passing of these resolutions, shall be presented, and no circumstances shall ap- pear before, or within four months after, demand made, by vir- tue of them, of the commissioner or agent that shall be intrusted to pay out the moneys aforesaid, rendering it probable, in the opinion of such commissioner or agent, that the said powers of attorney are forged, or have been obtained by fraud.’” It was then agreed to adopt the first resolution in this form. The second resolution of the house was also agreed to. It was then moved to agree to the third resolution of the house, sub- joining the first exception reported by the committee; to wit:— “Except where certificates or warrants have been issued under authority of the United States, for any of the said arrears of pay, and the same shall be produced by the claimant or claimants;” and the question being taken on this motion, it was decided as follows:– - S. Journal, p. 143. HISTORY OF CONGRESS. 45] CHAP, IV. Executive Departments—Accounts with States. 1790. 1st Congress. 2d Session. Bill to pro- videforset. tlement of aCC0ünts, Yeas—Messrs. Bassett, Butler, Carroll, Few, Gunn, Haw- kins, Henry, Johnston, Lee, Maclay, Read, Walker, Win- gate.—13. - - Nays—Messrs. Dalton, Ellsworth, Johnson, Izard, King, Lan g- don, Morris, Schuyler, Strong—9. It was then determined to strike out the word “four,” before the word “months,” in the second exception reported by the com- mittee. It was then moved to agree to the second exception of the committee, and the question being put, was decided as fol- lows:— Yeas—Messrs. Butler, Dalton, Ellsworth, Johnson, Izard, S. Journal, King, Langdon, Morris, Read, Schuyler, Strong—11. p. 144. Ways—Messrs. Bassett, Carroll, Few, Gunn, Hawkins, Hen- ry, Johnston, Lee, Maclay, Walker, Wingate. —II. The numbers being equal, the Vice-President decided the H. Journal, question by giving the casting vote in the negative. The reso- * lution, in its amended form, was then agreed to. The House of Representatives, on the 24th, concurred in the amendments of the Senate. On the 27th of May, Mr. Fitzsimons, from the committee ap- Id, p. 224. pointed for that purpose, presented a bill to provide for the set- tlement of the accounts between the United States and the indi- vidual states, which was read the first and second time, and com- mitted to a committee of the whole house. The bill was taken Id. p. 232, up, and considered in committee of the whole on the 1st, 2d, 3d, 233. and 4th of June; when a motion was made and agreed to, that the committee of the whole house be discharged from further proceeding thereon, and that the bill lie on the table. On the Id. p. 234, 7th and 8th, the bill was further considered, discussed, and 235. amended, and was then ordered to be engrossed and read the third time. And on the 9th, after receiving the third reading, Id, p. 236. it was again committed to Messrs. Fitzsimons, Williamson, Sedgwick, Wadsworth and Madison. On the 17th, Mr. Fitz- d. p. 244. simons reported, from this committee, an amendatory bill, which was read the first and second time, and committed to a commit- tee of the whole house. The bill was taken up and considered in committee on the 21st, when several amendments were re- ported, which were agreed to by the house. It was moved to amend the bill by striking out, in the fifth section, the words, “ the rule for apportioning to the states the expenses of the war, Id, p. 246. shall be the same that is prescribed by the Constitution of the United States, for the apportionment of representation and di- rect taxes, and according to the first enumeration which shall be 452 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Accounts with States. 1790. 1st Congress, made.” The question being taken on this motion, it was de- 2d Session. • - Heided in the negative, as follows:– Jāyes–Messrs. Ashe, Baldwin, Floyd, Foster, Gilman, Ha- thorn, Jackson, Lawrance, Livermore, Sedgwick.-10. Noes—Messrs. Ames, Benson, Bloodworth, Boudinot, Brown, Burke, Cadwalader, Carroll, Coles, Contee, Fitzsimons, Gale, Goodhue, Griffin, Grout, Heister, Huger, Huntington, Leonard; Madison, jr., Moore, Muhlenberg, Page, Partridge, Van Rens- selaer, Schureman, Scott, Seney, Sevier, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, Vining, Wadsworth, White, Williamson.—45. Bill passed The bill was then ordered to be engrossed for the third read- H. Journal, by House. ing, and on the 22d the bill was read the third time and passed. Pº In the Senate, the bill was read the first and second time on the S. Journal, 23d; and on the 30th, and the 1st of July, it was further dis- P. 165. cussed on the question of its second reading, and was committed Id, p. 172, to Messrs. King, Strong, Read, Ellsworth, and Hawkins. Mr. 173. King, on the 3d, reported from this committee several amend- Id, p. 174, ments to the bill, which were agreed to on the 6th, and the bill "% was ordered to the third reading. On the 7th, the bill was again committed to Messrs. Morris, Schuyler, King, Lee, and Ells- worth. On the 8th, the bill was again reported by Mr. Morris, Id. p. 176. with amendments, and the Senate having agreed to amend the - bill accordingly, it was again ordered to the third reading; and Passed by on the 9th the bill, in its amended form, was read the third time iºd. and passed. On the 13th and 14th, the House of Representa- H. Journal, tives considered the amendments of the Senate, and determined P. 269, House dis- to disagree to all of them, and to desire a conference with the agree. Senate on the subject; and appointed Messrs. Sedgwick, Wads- confer worth, Boudinot, Fitzsimons, and Williamson, to be managers ence, on their part. The Senate, also, on the 14th, agreed to the confe- S. Journal rence, and appointed Messrs. Ellsworth, King, and Lee, to be p. 179. their managers. On the 21st, Mr. Sedgwick made a report to the House of Representatives, and the House adopted the fol- lowing resolutions:— Resolu- “Resolved—That this house do insist on so much of their disa- tions of greement to the first amendment, as proposes to strike out the - House, second section of the bill, and the words, “And be it further en- acted, in the third section, and do agree to such other parts of the said amendment as propose to strike out all the words in the first section, from the word “assembled,’ to the end thereof, with an amendment, to insert, in lieu of the words so stricken out, the HISTORY OF CONGRESS. 453 Chap. IV. Executive Departments—Accounts with States. 1790. 1st Congress. 2d Session. Resolu- tions of House. Resolu- tions of Senate. following words: ‘That a board, to consist of three commission- ers, be, and hereby is, established to settle the accounts between the United States and the individual states: and the determina- tion of a majority of the said commissioners, on the claims sub- mitted to them, shall be final and conclusive; and they shall have power to employ such number of clerks as they may find neces- sary. “Resolved—That this house do insist on their disagreement to the second and sixth amendments, and do recede from their dis- agreement to the third, fourth, fifth, and seventh amendments. “Resolved—That this house do disagree to the amendment pro- posed by the conferees, in the third line of the third section, for striking out the word ‘July,’ and inserting, in lieu thereof, the word “April.” In the Senate, Mr. Ellsworth made a report from the managers, on the 21st; and, on the 23d, the Senate proceeded to consider the resolutions of the House of Representatives, when the follow- ing resolutions were adopted:— “Resolved—That the Senate recede from so much of their amendment, section 1st, as to agree to the amendment of the House of Representatives on the amendment, as follows: After the word “assembled,” section 1st, line 2d, ‘ that a board, to con- sist of three commissioners, be, and hereby is, established, to set- tle the accounts between the United States and the individual states; and the determination of a majority of the said commis- sioners, on the claims submitted to them, shall be final and con- clusive; and they shall have power to employ such number of clerks as they may find necessary.” - - “That they recede from their amendments to the third sec- tion, and “From their sixth amendment, and agree to restore the sixth section.” - —— On the 21st of November, 1791, being the first session of the second Congress, the House of Representatives appointed Messrs. Dayton, Griffin, and Hartley, to be a committee to prepare and bring in a bill, or bills, for extending the time limited for the set- tlement of the accounts of the United States with the individual states; and, on the 23d, Mr. Dayton, from this committee, pre- sented a bill to extend the time limited for the settlement of the accounts of the United States with the individual states, which S. Journal, p. 187,188. 1791. 2d Congress, 1st Session. *- H. Journal, p. 458. Id. p. 461 ...P. “” 454 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Accounts with States. 1791–92. 2d Congress, was read the first and second time, and committed to a commit- 1st Session. 2d Session. Bill to ex- tend time, the tee of the whole house; and, on the 30th of December, the bill H. Journal, was considered in committee, and an amendment was reported, P. 483. which was agreed to by the house, and the bill was then or- dered to be engrossed, and read the third time. On the 2d of Janu- ary, 1792, the bill was read the third time and passed. In the Se- nate, this bill was read the first time, on the 3d, and was considered S. Journal, and discussed on the question of the second reading, on the 4th P. 362,363. and 5th, when it was committed to Messrs. Bradley, Monroe, and Ellsworth. On the 10th, Mr. Bradley reported sundry amend. Id. p. 364. ments, which were adopted, and the bill was then ordered to the 370. third reading; and, on the 11th, the bill was passed with the ſol- lowing amendments:— After the first section, insert the following: “Sect. 2. And be it further enacted—That the aforesaid act shall extend to the settlement of the accounts between the United States and the state of Vermont; and that, until the first day of December next, shall be allowed for the said state to exhibit its claims.” “And that section 2 be made to read section 3.” º On the 13th of January, the House agreed to the amendments of the Senate. - On the 5th of December, Mr. Bradley gave notice that on the id. p. 461. following Friday, he should move for leave to bring in a bill, in addition to, and alteration of, an act, entitled “An act to extend the time limited for settling the accounts of the United States with the individual states.” And on the 7th, he introduced the Id. p. 462. bill, which was then read the first time; and on the 10th, after some debate on the question of the second reading, was commit- ted to Messrs. Bradley, Strong, King, Ellsworth, and Brown. On the 13th, Mr. Bradley reported amendments to the bill; and Id. p. 463, the bill, having been amended in conformity thereto, was ordered Passed by to the third reading. The bill was read the third time, and Senate. passed, on the 14th, and was then sent to the House for concur- H. Journal - r - ;4. P. 649,710, rence, where it was read the first and second time, and commit- 711. ted to a committee of the whole house; and, on the 21st of Fe- bruary, 1793, the bill was considered in committee, and reported without amendment. It was then moved to amend the bill, by striking out the first section, in the words following; to wit:- “Be it enacted, by the Senate and House of Representatives of the Cºmited States of America, in Congress assembled—That the second º HISTORY OF CONGRESS. 455 - Chap, IV. Executive Departments—Accounts with States–Foreign Intercourse. - - 1792. 2d Congress. 2d Session. 1st Congress. Session. Fon BIGN INTER- COURSE. . Sugges- tion of Pre- sident, section of the said act, which extended the powers of the board of commissioners to the settlement of the accounts between the United States and the state of Vermont, be, and hereby is, re- pealed.” - And the question being put on this motion, it was determined in the negative by the following vote :- - Jºyes—Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Gerry, Gilman, Huger, Kittera, Lee, Livermore, Smith, Sturges, Tucker, Wenable, Willis-17. Noes—Messrs. Ames, Ashe, Baldwin, Benson, Fitzsimons, Giles, Goodhue, Gordon, Greenup, Gregg, Grove, Hartley, Heister, Hillhouse, Hindman, Kitchell, Lawrance, Learned, Leonard, Macon, Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, Page, Parker, Schoonmaker, Sedgwick, I. Smith, Steele, That- - cher, Tredwell, Wadsworth, Ward, White, Williamson.—39. The bill was then ordered to be read the third time, and on H. Journal, the 23d, it was read the third time, and on the question of its Pº” passage, the decision was as follows:– Ayes–Messrs. Ames, Ashe, Baldwin, Benson, Boudinot, Clarke, Fitzsimons, Giles, Goodhue, Gordon, Greenup, Gregg, Griffin, Grove, Hartley, Key, Kitchell, Lawrance, Learned, Leonard, Macon, Madison, Mercer, Moore, Muhlenberg, Murray, Niles, Orr, Parker, Schoonmaker, Sedgwick, Silvester, I. Smith, Steele, Sterrett, Tredwell, Ward, White, Williamson.—39. JVoes—Messrs. Barnwell, S. Bourne, B. Bourne, Dayton, Gerry, Gilman, Hindman, Huger, Lee, Livermore, W. Smith, Sturges, Sumpter, Thatcher, Tucker, Venable, Willis-17. -º- In the message of the President opening the second session of 1790. the first Congress, the necessity of affording facilities to the in- S. Journal, tercourse with foreign nations, is urged in the following extract: P. * “The interests of the United States require that an inter- H. Journal, course with other nations should be facilitated by such provisions” 135. as will enable me to fulfil my duty, in that respect, in the man- ner which circumstances may render most conducive to the pub- lic good; and, to this end, that the compensation to be made to the persons who may be employed, should, according to the na- ture of their appointments, be defined by law; and a competent fund designated for defraying the expenses incident to the con- duct of our foreign affairs, 456 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Foreign Intercourse. 1790. 1st gongress. On the 15th of January, it was ordered by the House of Re- H. Journal, 2d Session. - - - . 141 presentatives, that a committee be appointed to prepare and P. “ Committee bring in a bill, or bills, for making compensation to persons em- jº" ployed in the intercourse between the United States and foreign nations; and Messrs Sedgwick, Huntington, and Lee, were ap- pointed of said committee. Mr. Sedgwick, on the 21st, from Id, p. 144, this commitee, presented a bill, providing the means of inter- - course between the United States and foreign nations, which was then read the first time, and on the following day, received the second reading, and was committed to a committee of the whole house. The bill was considered and discussed in commit- tee on the 25th, 26th, and 27th, when several amendments were Id.p.146— reported, which were agreed to by the house, and the bill was 148. Bill order ordered to be read the third time. On the 24th of March, on Id. p. 182. tº.” the question of the third reading, the bill was recommitted to Recommit- Messrs. Sedgwick, Huntington, and Lee; and on the 31st, Mr. Id. p. 186, - "…i. Sedgwick, from this committee, reported an amendatory bill to tory bill, the same effect, which was then read the first time, and, on the following day, was read the second time, and committed to a committee of the whole house. The bill was taken up for con- Id. p. 202. sideration by the house, in committee, on the 27th, when several 205, amendments were reported, which were considered and agreed to on the 29th, and the bill was then ordered to be engrossed for passed by the third reading. The bill was read the third time, and passed, House on the 30th, and was then sent to the Senate for concurrence, S. Journal, where it received the first reading on the same day, and, on the P. 136. 3d of May, was read the second time, and referred to Messrs. Id, p. 138. Strong, Ellsworth, Carroll, Maclay, and Few. Mr. Strong made a report from this committee on the 7th, and, on the 10th, the Id, p. 144, Recommit bill was recommitted. On the 25th, Mr. Strong reported an * ºted. amendment to the bill, by striking out from the word “always,” in the 6th line, to the word “also,” in the 12th line, inclusive; which report was accepted, and the bill being amended accord- ingly, was ordered to the third reading. On the following day, Amended the bill was read the third time, and passed, as amended. The *Y* House of Representatives, on the 27th, proceeded to consider H.Journal, the amendment of the Senate, striking out the following words:– P. 224,225. “That the President shall not allow to any minister plenipo- tentiary a greater sum than at the rate of nine thousand dollars per annum, as a compensation for all his personal services and expenses; nor a greater sum for the same, than three thousand dollars to a chargé des affaires; nor a greater sum than one thou- HISTORY OF CONGRESS. - 457 CHAP. V. Executive Departments—Foreign Intercourse. 1790. º sand three hundred and fifty dollars for the same, to any of their - secretaries; and that each of the ministers aforesaid, and their secretaries, shall be entitled to one quarter’s salary, after re- ceiving leave to return, or a recall from the court to which they may respectively be appointed: And provided, also.” - House dis. And the question being put on agreeing to this amendment, it agree, was decided in the negative, by the following vote:— Jºyes–Messrs. Ames, Benson, Cadwalader, Gale, Goodhue, Griffin, Hartley, Heister, Huntington, Lawrance, Lee, Parker, Partridge, Smith, of South Carolina, Stone, Trumbull, Vining, Wynkoop.–18. Noes—Messrs. Baldwin, Bloodworth, Boudinot, Brown, Burke, Carroll, Coles, Contee, Fitzsimons, Floyd, Foster, Ger- ry, Gilman, Grout, Hathorn, Huger, Jackson, Leonard, Liver- more, Madison, jr., Mathews, Moore, Muhlenberg, Page, Van Rensselaer, Schureman, Scott, Sedgwick, Seney, Sherman, Sil- vester, Sinnickson, Steele, Sumpter, Thatcher, Tucker, White, - Williamson.—38. } Senatein. So the House resolved to disagree to the amendment of the S. Journal, Sist, Senate. On the 28th, the Senate considered this determination P.” of the House, and adopted a resolution to insist on their amend- ment to the bill. On the same day the subject was again taken H. Journal, up for consideration in the House of Representatives, and a mo-Pº". tion was made that the House do recede from their disagreement to the amendment, when the question being put on this motion, it was decided in the negative, by the following vote:– Jºyes–Messrs. Ames, Benson, Cadwalader, Clymer, Good- hue, Griffin, Huntington, Lawrance, Lee, Parker, Partridge, Smith, of South Carolina, Stone, Trumbull, Vining, Wyn- koop.–I6. Noes–Messrs. Ashe, Baldwin, Bloodworth, Burke, Coles, Contee, Fitzsimons, Floyd, Foster, Gerry, Gilman, Grout, Hart- ley, Hathorn, Huger, Jackson, Leonard, Livermore, Madison, jr., Mathews, Moore, Page, Van Rensselaer, Schureman, Scott, Se- ney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Steele, Sturges, Sumpter, Thatcher, Tucker, White, William- Son.—37. House in. The House of Representatives, therefore, determined to insist SISt. on their disagreement. - On the 31st, the Senate determined still to insist on their S. Journal, Confer amendment, and to request a conference on the subject, with P. 148. * €nce. such committee as the House might appoint; and Messrs. King, Wol. I.-58 458 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Foreign Intercourse. 1790. º Izard, and Read, were appointed managers on the part of the Se- * - nate. And the House, having agreed to the said conference, ap- H. Journal, pointed Messrs. Gerry, White, and Williamson, to be the mana-Pº". gers on their part. Mr. King, on the 23d of June, made the fol- lowing report:— Reportin “That the word ‘thirty,’ line 3d, of the bill, be struck out, s. Journal, ** and the word ‘forty’ inserted: that the Senate do recede from P. * their amendment on the bill, and that all the words proposed to be struck out of the bill by the Senate, except the three last words, be expunged, and the following words be inserted in their stead: ‘That, exclusive of an outfit, which shall in no case exceed the amount of one year’s full salary to the person to whom the same may be allowed, the President of the United States shall not allow to any minister plenipotentiary, a greater sum than at the rate of nine thousand dollars per annum, as a com- pensation for all his personal services and other expenses; nor a greater sum for the same, than four thousand five hundred dol- lars per annum to a chargé des affaires; nor a greater sum for the same, than one thousand three hundred and fifty dollars per annum to any of their secretaries.” This report was agreed to, and was sent to the House of Re- H. Journal, presentatives for their concurrence. p. 251. In the House of Representatives, Mr. Gerry made a report from the managers, on the 24th; and, on the next day, the house proceeded to consider the amendments of the Senate, and adopted the following resolution:- “Resolved—That this house do agree to the said amendments, with the following amendments; namely:— Amend. “Line 9th. Strike out the word ‘person,’ and, in lieu thereof, º: -- of insert “the minister plenipotentiary or chargé des affaires.’ “ Line 19th. Strike out ‘any of their secretaries,’ and, in lieu thereof, insert “the secretary of any minister plenipotentiary.’” Senate The Senate, on the 25th, concurred in these amendments, and S. Journal, °onºur: the bill was passed. p. 166. —º- #gº. THE President of the United States, in his annual message at 1792. Tº the commencement of the second session of the second Congress, s. Journal, called the attention of that body to the circumstance of the ex- P. 454. piration of the law on this subject, at the close of this session. p. 613. The committee of the whole, to whom this message was referred, H. Journal, HISTORY OF CONGRESS. 459 Chap. IV. Executive Departments—Foreign Intercourse—Consuls. 1792. gº on the 21st of November, 1792, in reference to this subject, re- * ported the following resolution:- “Resolved—That it is the opinion of this committee, that pro- H. Journal, vision be made, by law, for the maint f the inter p. 624. , by law, for the maintenance of the Intercourse with foreign nations.” - Bill to con. And, on the following day, Messrs. Sedgwick, Dayton, and Leo- Id. p. 625. .d º nard, were appointed a committee to prepare and bring in a bill isting law, pursuant to this resolution. Mr. Sedgwick, accordingly, on the 7th of December, presented a bill to continue in force, for a li- Id, p. 635. mited time, and to amend, the act, entitled “An act providing the means of intercourse between the United States and foreign nations;” which was then read the first and second time, and was committed to a committee of the whole house. On the 17th of Id, p. 674. January, 1793, the bill was considered in committee of the whole, and reported without amendment, and was then ordered to be engrossed and read the third time. The bill was read the third ºlby time and passed on the 18th, and was sent to the Senate, where s. Journal, * it received the first reading on the same day; and, on the 24th, P. 472. the consideration of the bill was resumed, and, after some debate, Id. p. 474. it was read the second time. On the 31st, the bill was again 477. 479. º Se- discussed, and was ordered to the third reading. The bill was Ilāte, - -º- jº. ON the 17th of June, 1790, being the second session of the first 1790. Congress, the House of Representatives ordered that a commit- H. Journal, Cossus, tee be appointed to consider whether any, and what, fees, per- * Committee quisites, or other emoluments, shall be annexed to the offices of º consul and vice-consul; and Messrs. Gerry, Boudinot, and Hun- tington were appointed of such committee; and, on the 1st of July, Mr. Gerry, from this committee, presented a report, which was considered on the following day, when the house adopted the following resolution:- º “Resolved—That it shall and may be lawful for all consuls and iſ..." vice-consuls of the United States, for every protest or deposition relative to letters of attorney, goods, wares, and merchandise, bills of exchange, and other marine and mercantile affairs and trans- actions, with a certificate thereof, under their hands and seals re- spectively, to receive the sum of — dollars. “Resolved—That citizens of the United States, appointed to re- id. p. 256. side in foreign ports and places, as consuls or vice-consuls of the United States, shall be enabled to own any ships or vessels in their read the third time and passed on the 5th of February. 460 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Consuls. 1790. lºgº own names, or in partnership with any other citizen of the United T States, residing within the said states, and be entitled to all the privileges and advantages, in respect to such ships or vessels, as if such consuls or vice-consuls, respectively, owning said ships or ves- sels, actually resided within any port or place within the United States.” It was then ordered that a bill, or bills, be brought in, pursuant to these resolutions, and that Messrs. Gerry, Boudinot, Hunting- ton, Wadsworth, and Goodhue, do prepare and bring in the same. It was then ordered that it be referred to the said committee to report a provision, “That, in foreign ports, where the laws of the kingdom or state make it necessary that vessels should enter by the medium of a consul, and where the laws of such kingdom or state have determined that certain fees shall be paid to such consuls, the consul of the United States shall be authorized to receive such fees; and also, to report what further provision may, in the opi- nion of the said committee, be necessary for consuls and vice-con- suls of the United States.” } Bill to es- Mr. Gerry, on the 15th of July, presented, from this committee, H.Journal, #. an amendatory bill for establishing the fees and perquisites to be P. " received by consuls and vice-consuls of the United States in ſo- reign ports, and for other purposes therein mentioned, which was then read the first and second time, and committed to a commit- tee of the whole house. On the 19th and 20th, the bill was Id.p.273– considered in committee of the whole, and several amendments 275. | were reported, when it was ordered to be engrossed, and read Passed by the third time. On the 21st, the bill was read the third time and S. Journal, * passed, and sent to the Senate, where it received the first read- p,187,189. ing on the same day, and was read the second time and commit- ted, on the 26th, to Messrs. Morris, King, and Langdon. Mr. Id, p. 194 King made a report from this committee, on the 2d of August, s. ſºme Postponed and it was then ordered that the further consideration of the bill P. 218. *Y* be postponed until the next session of Congress. " - 3d Session. The President of the United States having, in his message at H.Journal, Act con- the opening of the third session of this Congress, again called the p. 332. jº attention of Congress to the subject of consuls, it was ordered, on the 16th of December, that Messrs. Ellsworth, Hawkins, and S. Journal Schuyler, be a committee to take into consideration, and report p. 222. to the Senate, on that part of the President's speech which re- łates to the appointment of consuls. Mr. Ellsworth, on the 7th HISTORY OF CONGRESS. 461 CHAP. IV. - Executive Departments—Consuls. 1791. §§º." of January, 1791, reported a bill on the subject, which was then S. Journal, * read the first time. On the 12th, the bill was considered, on the P. 231. question of the second reading, and was recommitted to Messrs. Id, p.232. Ellsworth, Morris, Schuyler, Hawkins, and King. Mr. Ellsworth, on the 26th, reported amendments, which were adopted, and the bill having been amended accordingly, was read the second time, Act passed and ordered to the third reading. And on the following day the Id, p. 236. ** bill was read the third time and passed. In the House of Re. H.journal, presentatives, this bill was read the first and second time on the P. 365. 28th of January, and was committed to a committee of the whole house. On the 2d of March, the bill was taken up for conside- ration in committee, when several amendments were reported, which were agreed to by the house, and the bill was then read Id, p.400. the third time, and passed, as amended. The amendments of the house were to strike out all the bill, except the first section, and to amend the title to read thus:—“An act for carrying into effect s. Journal, the convention between his most Christian Majesty and the United %. 299– States, respecting consuls and vice-consuls.” The first section, proposed to be retained, is as follows:– - } Amend. “Sect. 1. Be it enacted, by the Senate and House of Representa- . º, tives of the United States of America, in Congress assembled—That House. where, in the seventh article of the said convention, it is agreed that there shall be no consul or vice-consul of the most Christian King, to attend to the saving of the wreck of any French ves- sel stranded on the coasts of the United States, or that the resi- dence of the said consul or vice-consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall im- mediately proceed to perform the office therein prescribed: the nearest district judge of the United States shall proceed therein, according to the tenor of the said article. The district judges of the United States shall also, within their respective districts, be the competent judges for the purposes expressed in the ninth article of the said convention, and it shall be incumbent on them to give aid to the consuls and vice-consuls of his most Christian Majesty, in arresting and securing deserters from vessels of the French nation, according to the tenor of the said article. “And where, by any article of the said convention, the con- suls and vice-consuls of his most Christian Majesty are entitled to the aid of the competent executive officers of the country, in the execution of any precept, the marshals of the United States, and their deputies, shall, within their respective districts, be the 462 HISTORY OF CONGRESS. CHAP, IV. Executive Departments—Consuls. - 1791. 1st gongress, competent officers, and shall give their aid according to the te- 3d Session. - - - - *— nor of the stipulations. * “And whenever commitments to the jails of the country shall ments pro- posed by become necessary, in pursuance of any stipulation of the said * convention, they shall be to such jails within the respective dis- tricts as other commitments under the authority of the United States are by law made.” And the sections proposed to be stricken out are the follow- ing:— Sections “Sect. 2. And, for the direction of the consuls and vice-con- s, Journal, º º suls of the United States, in certain cases, p. 300. House to “Be it enacted, by the authority aforesaid—That they shall lººken have right in the ports or places to which they are, or may be, severally appointed, of receiving the protests or declarations, and all other acts, which such captains, masters, crews, passen- gers, and merchants, as are citizens of the United States, may respectively choose to make there: and also their testaments and other disposals by last will; and the copies of the said acts, duly authenticated by the said consuls or vice-consuls, under the seal of their consulates, respectively, shall be evidence in all courts of justice in the United States. It shall be their duty, in case of the absence of the legal representative, and where the laws of the country permit, to take possession of the personal estate left by any citizen of the United States, who shall die within their consulate: they shall inventory the same, with the assistance of two merchants of the United States, or, for want of them, of any others at their choice: shall collect the debts due to the deceased, in the country where he died, and pay the debts due from his estate, which he shall have there contracted: shall sell such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary for the payment of his debts; and at the expiration of one year from his decease, the residue, and the balance of the estate, they shall transmit to the treasury of the United States, to be holden in trust for the legal claimants. But if, at any time before such transmission, the legal representative of the deceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings. “For the information of the representative of the deceased, it shall be the duty of the consul or vice-consul, authorized to proceed as aforesaid in the settlement of his estate, immediately to notify his death in one of the gazettes published in the con- - - HISTORY OF CONGRESS. 463 Chap, IV. Executive Departments—Consuls. 1791. . gº sulate, and also to the secretary of state, that the same may be no- T tified in the state to which the deceased shall belong; and he shall, Sections - - p." also, as soon as may be, transmit to the secretary of state an in- by the ventory of the effects of the deceased, taken as before directed. H t - - *::::::: “ Sect. 3. And be it further enacted—That the said con- Out. suls and vice-consuls, in cases where ships or vessels of the United States shall be stranded on the coasts of their consulates, respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved; and such inven- tory or inventories thereof, taken as aforesaid, shall, after deduct- ing therefrom the expense, be delivered to the owner or owners: Provided—That no consul or vice-consul shall have authority to take possession of any such goods, wares, merchandise, or other property, when the master, owner, or consignee thereof, is pre- - sent, or capable of taking possession of the same. “Sect. 4. And be it further enacted—That it shall and may be lawſul for every consul and vice-consul of the United ! States, to take and receive the following fees of office, for the services which he shall have performed. “For authenticating, under the consular seal, every protest, declaration, letter of attorney, last will and testament, depo- sition, or other act, which such captains, masters, mariners, sea- men, passengers, merchants, or others, as are citizens of the United States, may respectively choose to make, the sum of two dollars. “For the taking into possession, inventorying, selling, and finally settling and paying, or transmitting as aforesaid, the ba- lance due on the personal estate left by any citizen of the United States, who shall die within the limits of his consulate, five per centum on the gross amount of such estate. “For taking into possession, and otherwise proceeding ony any such estate which shall be delivered over to the legal repre- sentative before a final settlement of the same, as is hereinbe- fore directed, two and a half per centum on such part delivered over as shall not be in money, and five per centum on the gross. amount of the residue. “And it shall be the duty of the consuls and vice-consuls of the United States, to give receipts for all fees which they shall receive by virtue of this act, expressing the particular services for which they are paid. - - “Sect. 5. And be it further enacted—That, in case it be 464 HISTORY OF CONGRESS. - CHAP. IV. Executive Departments—Consuls. 1791. gigº found necessary for the interest of the United States, that a con- - sul or consuls be appointed to reside on the coast of Barbary, º the President be authorized to allow an annual salary, not ex- by the ceeding two thousand dollars, to each person so to be appointed: *... Provided—That such salary be not allowed to more than one Out: consul for any one of the states on the said coast. “Sect. 6. And be it further enacted—That every consul and vice-consul shall, before they enter on the execution of their trusts, or if already in the execution of the same, within one year from the passing of this act, or if resident in Asia, within two years, give bond, with such sureties as shall be approved by the secretary of state, in a sum not less than two thousand, nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office, according to law, and also for truly accounting for all moneys, goods, and effects, which may come into his possession by virtue of this act, and the said bond shall be lodged in the office of the secretary of the treasury. - - “Sect. 7. And be it further enacted—That, to prevent the ma- riners and seamen employed in vessels belonging to citizens of the United States, in cases of shipwreck, sickness, or captivity, from suffering in foreign ports, it shall be the duty of the con- - suls and vice-consuls, respectively, from time to time, to provide for them, in the most reasonable manner, at the expense of the United States, subject to such instructions as the secretary of state shall give, and not exceeding an allowance of twelve cents to a man per diem, and all masters and commanders of vessels be- longing to citizens of the United States, and bound to some port of the same, are hereby required and enjoined to take such ma- riners or seamen on board of their ships and vessels, at the re- quest of the said consuls or vice-consuls, respectively, and to transport them to the port in the United States to which such ships or vessels may be bound, free of cost or charge; but that the said mariners or seamen shall, if able, be bound to do duty on board such ships or vessels, according to their several abili- ties: Provided, that no master or captain of any ship or vessel shall be obliged to take a greater number than two men to eve- ry one hundred tons’ burden of said ship or vessel, on any one voyage; and if any such captain or master shall refuse the same, on the request or order of the consul or vice-consul, such cap- tain or master shall forfeit and pay the sum of thirty dollars for each mariner or seaman so refused; to be recovered for the be- nefit of the United States, by the said consul or vice-consul, in his own name, in any court of competent jurisdiction. S. Journal, p. 301. HISTORY OF CONGRESS. 465 CHAP, IV. Executive Departments—Consuls. 1791. 1st Congress. 3d Session. Sections proposed by the House to be stricken Out, Senatedis- agree, House in- Sist, Senate ad- here. House ad- here. Bill to Carry into effect con- Vention with France, “Sect. 8. And be it further enacted—That citizens of the United States, appointed to reside in foreign ports and places, as consuls or vice-consuls of the United States, shall be enabled to own any ships or vessels in their own names respectively, or in part- nership with any other citizen or citizens of the United States, residing within the said states, and be entitled to all the privi- leges and advantages, in regard to such ships or vessels, as if such consuls or vice-consuls, owning such ships or vessels, actu- ally resided within any port or place within the United States, any law to the contrary notwithstanding. - “Sect. 9. And be it further enacted—That where a ship or ves. sel belonging to citizens of the United States, is sold in a foreign port or place, the master, unless the crew are liable by their contract, or do consent to be discharged there, shall send them back to the state where they entered on board, or furnish them with means sufficient for their return, to be ascertained by the consul or vice-consul of the United States having jurisdiction of the port or place. And, in case of the master's refusal, the said consul or vice-consul may, (if the laws of the land permit it,) cause his ship, goods, and person, to be arrested, and held until he shall comply with his duty therein. “Sect. 10. And be it further enacted—That the specification of Certain powers and duties in this act, to be exercised or per- formed by the consuls and vice-consuls of the United States, shall not be construed to the exclusion of others, resulting from the nature of their appointments, or any treaty or convention under which they may act.” The Senate, having considered these amendments of the House, determined not to agree to them. The House, on the H.Journal, same day, adopted a resolution to insist on their amendments: p. 401. and a communication to this effect being received by the Senate, that body resolved to adhere to their disagreement to the amend-s, journal, ments. p. 304. On the 3d of March, the House of Representatives, also, de- H. Journal, termined to adhere to their amendments, and thus the bill was P. 403. lost. - The House of Representatives, on the same day, granted leave Id. p. 406, to bring in a bill or bills for carrying into effect a consular con- vention between His Most Christian Majesty and the United States; and Messrs. Smith, of South Carolina, Madison, and Wi- ning, were instructed to prepare and bring in the same. Mr. Smith shortly afterwards presented a bill, which was read the VoI. I.-59 466 HISTORY OF CONGRESS. - CHAP, IV. Executive Departments—Consuls. 1791. gº. first, second, and third time, and passed on the same day. This Bilbased bill was in the same words as the first section of the bill which by House, was lost on the same day. Being transmitted to the Senate, it S. Journal, was there read the first time, and, on the question of its second p. 311,312. reading, the vote of the Senate stood thus:– Yeas—Messrs. Carroll, Dalton, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Monroe, Stanton, Strong—13. - ~ * Nays—Messrs. Bassett, Ellsworth, Johnson, King, Morris, Schuyler.—6. The question was, therefore, decided in the negative, the rule rendering it necessary that there should be unanimous consent for reading a bill the second time, on the same day. And this Postponed being the last day of the session, the bill, consequently, was post- " * poned till the next session. | —º- ºff. AT the commencement of the first session of the second Con- † gress, the subject of consuls was again brought before the Senate, º Bill con- - - - - ----- - cenſing as one of the items of business in which it would be proper for consuls: the Senate to proceed; and Messrs. Morris, Cabot, and Ellsworth, Id. p. 335. were appointed a committee to report a bill concerning consuls and vice-consuls. On the 14th of November, 1791, Mr. Mor- Id, p. 340, ris, from this committee, reported a bill pursuant to this in- 341. struction, which was then read the first time, and on the 15th and 16th, the question of the second reading was before the Se- nate, when the bill was committed to Messrs. Burr, Ellsworth, Strong, Morris, and Monroe, to report generally thereon. On the 28th, Mr. Burr reported sundry amendments, which were Id, p.34% Passed by agreed to, and on the 29th, after the adoption of other amend- ** ments, the bill was read the third time and passed, being si- º milar to the bill which was passed by the Senate at the pre- ceding session of Congress. In the House of Representatives H. Journal this bill was read the first and second time on the 30th of P* November, and was committed to a committee of the whole House: the bill was taken up and considered in committee on the 9th of April, 1792, when several amendments were reported; Id, p.37% And by and having been agreed to by the House, the bill was ordered to * the third reading, and was read the third time on the following day; and on the same day, the Senate concurred in the amend- s. Journal ments of the House of Representatives. p. 423. HISTORY OF CONGRESS. - 467 CHAP. IV. Executive Departments—Mint. 1790. º: ON the 7th of April, 1790, at the second session of the first H. Journal, Congress, a member from South Carolina presented to the House p.190,194, MINT. of Representatives a letter addressed to him from John H. Boulton's Mitchell of that state, stating proposals from Matthew Boulton, Kºi. of the kingdom of Great Britain, for supplying the United States ing copper with copper coinage, to any amount that government should * think fit to contract with him for, upon the terms therein men- tioned. The letter and proposals were referred to the secretary of state, with an instruction to examine the same and report his opinion to the House. The secretary of state made his report on this subject on the 15th, when the House adopted an or- Call onse der, “That it be an instruction to the secretary of the treasury tºº, of to prepare and report to this house a proper plan or plans for the establishment of a national mint.” 31 session. On the 30th of January, 1791, the speaker laid before the 1791, Secretary's House of Representatives the report of the secretary of the trea- i.journal, * sury, on the subject of the establishment of a mint, made pursu- P. 306. ant to the above order of the House. This report of the secre- tary having been communicated to the Senate, was there referred s. journal, te* to Messrs. Morris, Izard, King, Monroe, and Schuyler, to consi. P.239. nate. der and report what was proper to be done. Mr. Morris made a report from the committee, on the 1st of March, which was id. p. 292. Repºrt as taken up on the following day, for consideration, and was agreed 303. ** to. The House then adopted the following resolutions:– Resolu. “Resolved, by the Senate and House of Representatives of º: of Seº the United States of America, in Congress assembled—That a mint shall be established, under such regulations as shall be di- rected by law. “Resolved—That the President of the United States be, and he is hereby, authorized to cause to be engaged such artists and workmen as shall be necessary to carry the preceding resolution into effect, and to stipulate the terms and conditions of their ser- vices, and also to cause to be procured such apparatus as shall be requisite for the same purpose.” These resolutions being transmitted to the House of Represen- H. Journal, tatives for concurrence, the second resolution was there amended, P-402. by inserting after the word “such,” the word “principal ;” and Adopted the question, on the adoption of the resolutions, was then decided **use in the affirmative, by the following vote:– Ayes–Messrs. Boudinot, Cadwalader, Clymer, Contee, Fitz- simons, Floyd, Gale, Gilman, Griffin, Hartley, Lawrance, Lee, 468 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Mint. 1791. 1st Congress. 3d Session. 2d Congress. 1st Session. Bill to es- tablish the mint, Amended. Muhlenberg, Scott, Sedgwick, Seney, Sevier, Silvester, Smith, of Maryland, Smith, of South Carolina, Steele, Trumbull, Vining, Wadsworth, Wynkoop.–25. Noes–Messrs. Ashe, Baldwin, Burke, Foster, Giles, Hathorn, Heister, Huntington, Jackson, Leonard, Livermore, Moore, Partridge, Van Rensselaer, Schureman, Sherman, Sinnickson, Sumpter, Tucker, White, Williamson.—21. It was also determined to amend the second resolution by ex- S. Journal, punging the words “and workmen.” In these amendments of P. 309. the House the Senate concurred. -º- AT the commencement of the first session of the second Con- 1791–92. gress, the necessity for the establishment of a mint was strongly H. Journal, urged by the President of the United States in his annual mes-P:4% sage. And, on the 31st of October, 1791, it was ordered by the S. Journal, Senate that Messrs. Morris, King, Izard, Cabot, and Henry, be P. 327. a committee to take into consideration the subject of a mint, and to report a bill thereon, if they think proper. Mr. Morris, Id, p. 332. on the 21st of December, from this committee, reported “a bill Id, p.359. establishing a mint, and regulating the coins of the United States,” which was then read the first time. The further conside- ration of this bill was continued on the 26th and 27th of Decem- Id, p. 361, ber, and on the 2d, 3d, 4th, and 5th of January, when it was #. 363, ordered to the third reading, and on the question of the third p. 364. reading, on the 9th, the following amendments were agreed to:— “Sect. 1. From line 14, expunge to the end of the section, and make the following the second section; to wit:— “Sect. 2. /?nd be it further enacted—That the director of the mint shall employ as many clerks, workmen, and servants, as he shall, from time to time, find necessary, subject to the ap- probation of the President of the United States.” And to number the subsequent sections accordingly. It was moved further to amend the sixth section, by inserting, after the word “accounts,” in the amendment, these words:– “Of the disbursements of the said mint shall be rendered by the director thereof, at the treasury of the United States, for settlement according to the rules prescribed for the adjustment of accounts against the United States, in other cases. And the said director shall, likewise, once in each year, make a report to Congress of the transactions of the said mint, accompanied by HISTORY OF congress. 469 CHAP. IV. - . Executive Departments—Mint. 1792. gigºngress an abstract of the settlement of said disbursements, which ab- 1st Session. Motions to amend. Passed by Senate, stract shall be certified by the comptroller of the treasury.” But this motion was decided in the negative. It was then moved to amend the 9th section of the original bill, as follows:— “Eine 9. Strike out the words and silver.” - “And after the word “America,’ in the 11th line, erase to the end of the section, and in lieu thereof, insert, “And upon the - reverse of each of the said silver coins, in the centre of the ex- ergue, there shall be an engraving of two hands united, and - around the margin of the piece as many circles linked together, as there shall be states in the Union at the time of the coinage, each circle containing the initial letters of the name of its re- spective state; and between the representation of the united hands and the circles aforesaid, there shall be this inscription in an annular form, “ Dollar of the United States of America,” where the coinage shall be of a dollar; but where the coinage shall be of parts of a dollar, expressing the same, accordingly. “And, on the reverse of each of the said copper coins, there shall be a representation of America, in the usual female figure of Justice holding the balanced scales, with this inscription, ‘To all their due;’ and around the margin this legend, expressive of the denomination of the piece, ‘Cent of the United States of Ame- rica,’ or half cent, as the case may be.” - This motion, also, was decided in the negative. The bill was taken up again on the 12th, and, after being fur- ther amended, was read the third time, and passed. In the House of Representatives this bill was read the first and H. Journal, second time, on the 13th of January, and was committed to a P. 491. committee of the whole house; and on the 24th of March, the Id. p. 547. bill was taken up and considered in committee, and was reported with the following amendment:— - “In the tenth section, strike out the words, “ or representation of the head of the President of the United States for the time being, with an inscription, which shall express the initial or first letter of his Christian or first name, and his surname at length, the succession of the presidency numerically,” and in lieu thereof, insert Emblematic of Liberty, with an inscription of the word LIBERTy.’” A division on this question having been demanded, the question was first taken on striking out the words which have been re- 470 HISTORY OF CONGRESS, CHAP. TV. Executive Departments—Mint. 1792. #º. cited above, and this question was decided in the affirmative, by H.Journal, Tw... the following vote:– - p. 548. in House. Ayes—Messrs. Baldwin, Clarke, Fitzsimons, Giles, Gregg, Heis- ter, Key, Kitchell, Kittera, Lawrance, Lee, Macon, Madison, Moore, Niles, Page, Seney, Jere. Smith, Sterrett, Sumpter, Tred- well, Tucker, Venable, White, Williamson, Willis.-26. Noes—Messrs. Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Brown, Gilman, Goodhue, Hartley, Hillhouse, Huger, Jacobs, Learned, Livermore, Schoonmaker, Sedgwick, Wm. Smith, Sturges, Silvester, Thatcher, Wadsworth, Ward—22. The motion to strike out having been agreed to, the question was then taken on the motion to insert the substitute which has al- ready been recited, and decided in the affirmative, as follows:— Ayes–Messrs. Baldwin, Barnwell, B. Bourne, Brown, Clarke, Fitzsimons, Giles, Gilman, Goodhue, Gregg, Hartley, Heister, Hill- house, Huger, Jacobs, Key, Kitchell, Kittera, Lawrance, Lee, Macon, Madison, Moore, Niles, Page, Schoonmaker, Sedgwick, Seney, Jere. Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Sil- vester, Tredwell, Tucker, Venable, Wadsworth, Ward, White, Williamson, Willis.-42. JVoes—Messrs. Benson, Boudinot, S. Bourne, Learned, Liver- more, Thatcher.—6. - The bill was then ordered to the third reading. And on the Id, p. 549. 26th, the bill was read the third time; and the question being put on its passage, it was decided in the affirmative, by the fol- - lowing vote:– . Ayes–Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, Boudi- not, S. Bourne, B. Bourne, Brown, Gerry, Gilman, Goodhue, Hartley, Heister, Huger, Key, Kittera, Lawrance, Learned, Li- vermore, Mercer, Muhlenberg, Page, Sedgwick, Wm. Smith, Sterrett, Sturges, Silvester, Wining, Wadsworth, Ward, William- son.—32. - º - JVoes—Messrs. Clarke, Findley, Giles, Gordon, Grove, Hill- - house, Jacobs, Kitchell, Lee, Macon, Madison, Moore, Niles, Par- ker, Schoonmaker, Seney, Israel Smith, Sumpter, Thatcher, Tredwell, Wenable, White.—22. - Senate dis. The bill having been returned to the Senate with the amend- S. Journal, agree. ment, it was, on the same day, resolved, that the Senate disagree p. 416. to the amendment. The amendment was then returned to the H. Journal, house, where it was moved that the house recede from their P. 550, amendment, and the question being taken on this motion, it was decided in the negative, by the following vote:- - Ayes-Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, HISTORY OF CONGRESS. 471 Chap, IV. Executive Departments—Mint. 1792. 2d Congress. 1st Session. House ad- here. Bill regula- ting foreign coins, Passed by Senate, And b House. y 2d Session, "- President's message. Bill to a. mend act establish- ling a mint, B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Hartley, Hill- house, Huger, Jacobs, Kittera, Learned, Livermore, Sedgwick, Wm. Smith, Sturges, Silvester, Thatcher, Wadsworth, Ward. —24. k JVoes—Messrs. Ashe, Baldwin, Brown, Clarke, Giles, Gordon, Gregg, Griffin, Grove, Heister, Key, Kitchell, Lee, Macon, Ma- dison, Mercer, Moore, Murray, Niles, Page, Parker, Seney, Jere. Smith, I. Smith, Steele, Sumpter, Tredwell, Tucker, Wenable, Wining, White, Williamson-32. It was then resolved that the house adhere to the said amend- H. Journal, ment, and on the 27th, the Senate determined to recede from P. ** - - -- S. Journal their disagreement to the amendment. p. 416. > On the 30th of April, the Senate, on motion, adopted the ſol- lowing order:--> “Ordered—That Messrs. Morris, King, Izard, Cabot, and Hen- ry, be a committee to inquire into the value of foreign coins in circulation within the United States, and, if they should think it expedient, to report a bill for ascertaining the rates at which they ought to pass, in conformity to the principles of an act, passed the present session, entitled ‘An act establishing a mint, Id, p. 434, and regulating the coins of the United States, and also to report 49*. such other provisions as they shall think necessary for carrying into effect the intentions of the said act. Mr. Morris, on the 3d of May, reported a bill, which was then read the first and Se- Id, p. 437, cond time, and being amended, was, on the following day, read 438. the third time, passed, and sent to the House of Representatives, H.Journal, where it was, on the 7th, read the first and second time, com- P.99% mitted, considered in committee, and reported without amend- ment, and, after being amended, was read the third time, and passed. On the same day, the Senate concurred in the amend- s. Journal, ments of the House. p. 442. At the opening of the second session of the second Congress, the message of the President of the United States contained the following reference to the mint:- “In execution of the authority given by the legislature, mea. s. ſoumi, sures have been taken for engaging some artists from abroad to P. * aid in the establishment of our mint; others have been employed H. journal, at home. Provision has been made of the requisite buildings, and P. 613. these are now putting into proper condition for the purposes of the establishment. There has also been a small beginning in the coinage of half dimes, the want of small coins in circular tion calling the first attention to them. 472 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Mint. 1792. #gº. “The regulation of foreign coins, in correspondence with the − principles of our national coinage, as being essential to their due operation, and to order in our money concerns, will, I doubt not, be resumed and completed.” On the 30th of November, 1792, the House of Representa- H. Journal, tives adopted an order, that a committee be appointed to pre- P. 630. pare and report a bill to amend the act establishing a mint, and regulating the coins of the United States, so far as respects the copper coinage; and Messrs. Williamson, Page, and Kittera, were appointed of this committee. And, on the 31st of Decem- Id, p. 657. ber, Mr. Williamson, from this committee, presented a bill, in conformity with this instruction, which was read the first and se- cond time, and committed to a committee of the whole house. The committee considered this bill on the 1st of January, 1793, Id, p. 658. and having gone through with it, reported several amendments, Bill passed which were then agreed to; and the bill was ordered to be read by House, the third time. The bill was passed on the 2d, and was sent to Id. p. 660. the Senate for concurrence, where, on the same day, it was read S. Journal, the first time, and, on the next day, received the second reading, P. 467. and was committed to Messrs. Morris, Cabot, and Johnston, to consider and report generally thereon. Mr. Morris, on the 9th, Id. p. 469, reported the bill without amendment. The bill was then amend- red as follows:— - “Strike out “eight pennyweights and sixteen grains, lines 3 and 4, and insert in place of these words, two hundred and eight grains.” “Line 5. Strike out these words, “four pennyweights and eight,” and insert, in place of these words, “one hundred and four.’” Passed by And the bill, as amended, was then read the third time, and H. Journal, senate, passed. On the same day, the House of Representatives agreed P. * to these amendments. The Senate also took up the subject recommended in the s. Journal, message of the President. And on the 12th of November, 1792, P. * Messrs. Cabot, Henry, and Morris, were appointed a committee Senate bill to report a bill regulating foreign coins, and for other purposes. i." This bill was reported on the following day, by Mr. Cabot, when foreign it was read the first time; and was read the second and third º, time, and passed, on the two next succeeding days. In the Senate. * House of Representatives, on the 16th and 19th, the bill was H. Journal, read the first and second time, and committed to a committee of P. 620,621. the whole house. In committee, the bill was considered on the 26th, when several amendments were reported, which were Id, p.6% HISTORY OF CONGRESS. 473 CHAP, IW. 2d Congress. 1st Session. Bill passed by House. lst Congress, 1st Session. ^- Motion as to drawing money from trea. Sury, Executive Departments—Mint—Treasury Regulations. - 1792–93. agreed to: and the bill was then ordered to the third reading. The question on the third reading being before the House, on the 28th, it was moved and agreed to, that the bill be recommit- H. Journal, ted to a committee of the whole house, on the first Monday of p. 629. January next. In the mean time, on the 8th of January, the speaker laid before the House a letter from the secretary of state, accompanying a report of the assays and experiments made by the director of the mint, on the gold and silver coins of France, England, Spain, and Portugal, made in pursuance of a resolution of the house, of the 29th of November, calling on Id. p. 630. the President for the information contained in this report. On ". the 29th of January, 1793, the House again, in committee of the whole, resumed the consideration of the Senate bill, and report- ed several amendments, which were agreed to by the House; Id, p. 685. and the bill, in its amended form, was then passed. The Senate proceeded to the consideration of the amendments of the House on the 31st, and resolved to concur in them, with an amendment S. Journal, to their last amendment; to wit: line 4, strike out the words P. 477. “be made,” and insert, “commerce,” So that the clause be read as follows:— “And be it further enacted—That the assay, provided to be made by the act, entitled ‘An act establishing a mint, and re- gulating the coins of the United States,” shall commence in the manner, as by the said act is prescribed, on the second Monday of February, annually; any thing in the said act to the contra- ry notwithstanding.” And, on the 1st of February, the House concurred in this H. Journal, amendment. p. 688. –G- ON the 9th of September, 1789, a motion was made in the 1789. House of Representatives, in the following words:— “That money shall not be drawn from the treasury of the H. Journal, United States, unless by appropriations made, or particularly P. * confirmed by acts of Congress, subsequently to the 4th of March last.” - This motion was referred to Messrs. Huntington, Burke, and Griffin, for their examination and report; but there seems to have been no separate action on the subject by the House. Vol. I.-60 474 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Regulations concerning Treasury. 1791. #º THE three following motions were submitted to the House of T Representatives, on the 6th of December, 1791:— Motions “First. That a committee be appointed to examine and report i.”. upon the state of the treasury department, and that such com- sury. mittee be appointed on the second Monday after the meeting of Congress, in every session. “Secondly. That it shall be the duty of the secretary of the H. Journal, treasury to report to this House, on the third Monday of every P* - annual session of Congress, a regular statement and account of the receipts and expenditures of all public money, for the pre- ceding year, as far as the same can be then ascertained; and as soon thereafter as circumstances will permit, of such receipts and ex- penditures as cannot be specified in the first statement. “Thirdly. That, within the month of January, in each year, if Congress shall be then in session, or, if not then in session, within the first week of each succeeding session, the secretary of the treasury shall lay before the House of Representatives an ac- curate statement of receipts and expenditures down to the last day of the month of December, immediately preceding, including the said day; in which statement shall be distinguished the ex- penditures which fall under each head of appropriation, and shall be shown the sums, if any, which remain unexpended of such appropriations; and that a committee be thereupon forthwith ap- Id, p. 469. pointed to examine the said statement, and report concerning the same to the House, and that this be considered as a standing or- der.” Commit. These motions were referred to Messrs. Gerry, Dayton, and Id, p. 480. ted. Barnwell, for their examination, and report on the subject; and Mr. Gerry, from this committee, on the 22d of December, made a report, which was considered on the 30th, when the House adopted the following resolution:- - Resolu- “Resolved—That it shall be the duty of the secretary of the Id. p. 482. i." treasury to lay before the House of Representatives, on the fourth Monday of October, in each year, if Congress shall be then in session, or if not then in Session, within the first week of the session next following the said fourth Monday of October, an ac- curate statement and account of the receipts and expenditures of all public moneys, down to the last day inclusively of the month of December, immediately preceding the said fourth Mon- day of October, distinguishing the amount of receipts in each Id, p.4% state or district, and from each officer therein; in which state- ments shall also be distinguished the expenditures which fall un- - HISTORY OF CONGRESS. 475 CHAP, IW. Executive Departments—Treasury. 1791. #º der each head of appropriation, and shall be shown the sums, if any, which remain unexpended, and to be accounted for in the next statement, of each and every of such appropriations. -º- is congress. On the 8th of February, 1790, the following memorial of Ro- 1790. ** bert Morris was read in the Senate:— - “To the President, the Senate, and House of Representa- tives of the United States of America :- “The memorial of Robert Morris, late superintendent of the finances of the said United States, humbly sheweth – Memorial “That, on the twentieth of June, one thousand seven hundred ; lº, of Robert and eighty-five, and subsequently to your memorialist’s resigna- Morris. tion of his office of superintendent, the Congress passed a resolu- tion, in the words following: “Resolved—That three commission- ers be appointed to inquire into the receipts and expenditures of public moneys during the administration of the late superintendent of finance, and to examine and adjust the accounts of the United States with that department, during his administration, and to report a state thereof to Congress;' which resolution, to persons unacquainted with the nature of the office, and the mode of con- ducting the business of the department, gave occasion to the sup- position that your memorialist had accounts both difficult and im- portant to settle with the United States, in respect to his official transactions. That, though your memorialist foresaw the disa- greeable consequences which might result to himself, from the diffusion of such an opinion, he, notwithstanding, not only for- bore any representation on the subject, but scrupulously avoided every species of interference, direct or indirect, lest it should be imagined, either that he was actuated by the desire of obtaining from Congress those marks of approbation which had, in repeat- ed instances, been bestowed on the servants of the public, or that he feared to meet the proposed investigation; respect for the sovereignty of the United States, concurring with motives of de- licacy, to forbid even the appearance of asking what, if merited, it was to be presumed would be conferred, (as being the proper reward of services, not of solicitation,) and a firm confidence in the rectitude of his conduct, leaving your memorialist no induce- ment to evade any inquiry into it which it might be thought pro- per to institute. “That your memorialist, taking it for granted that the reasons which had produced a determination to establish a mode of in- 476 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Treasury. - 1790. ; gº. quiry into the transactions of the most important office under the government, would have ensured a prosecution of their object, .*. till it had been carried into effect, long remained in silent ex- Morris. pectation of the appointment of commissioners, according to the resolution which had been entered into for that purpose: but it has so happened, from what cause your memorialist will not un- dertake to explain, that no further step has ever been taken in re- lation to it, and your memorialist has remained exposed to the surmises which the appearance of an intention to inquire into his conduct had a tendency to excite, without having been afforded an opportunity of obviating them. “That the unsettled condition of certain accounts of a com- mercial nature, between the United States and the late house of Willing, Morris, and Company, and your memorialist, prior to his appointment as superintendent of the finances, having been confounded with his transactions in that capacity, your memo- rialist has, in various ways, been subjected to injurious imputa- tions in his official conduct: the only fruits of services which, at the time they were rendered, he trusts he may, without incurring the charge of presumption, affirm, were generally esteemed both important and meritorious, and were at least ren- dered with ardour and zeal, with unremitted attention, and un- wearied application. “That your memorialist, desirous of rescuing his reputation from the aspersions thrown upon it, came, in the month of Octo- ber, 1788, to the city of New York, as well for the purpose of urging the appointment of commissioners to inspect his official transactions, as for that of procuring an adjustment of the ac- counts which existed previously to his administration. But the first object was frustrated by the want of a sufficient number of members to make a Congress; and the last was unavoidably de- layed by the preliminary investigations, requisite on the part of the commissioner, named by the late board of treasury, towards a competent knowledge of the business. “That, in the month of February, 1789, your memorialist re- turned to New York for the same purposes; but the obstacles which he had before experienced, still operated to put it out of his power to present the memorial which had been prepared by him in October, praying for an appointment of commissioners. That he was, therefore, obliged to confine himself to measures for the settlement of his accounts, respecting the transactions an- tecedent to his appointment as superintendent; which he en- tered upon, accordingly, with the commissioner appointed by the HISTORY OF CONGRESS. 477 CHAP, IV. Executive Departments—Treasury. 1790. 1st Congress. 2d Session. Memorial of Robert Morris. Commit- ted, Report. Joint reso- lution adopted by Senate. board of treasury, and in which as much progress, as time and circumstances would permit, was made, until the fourth of March last, when that commissioner, conceiving his authority, by the organization of the new government, to have ceased, declined further proceedings; and, of course, your memorialist was obliged to wait the establishment of the new treasury depart- ment for the further prosecution of that settlement, which has, been, accordingly, resumed, and which he hopes will speedily be accomplished. But, inasmuch as no mode of inquiry into his official conduct has hitherto been put into operation, and as doubts of its propriety have been raised by an act of the go- vernment, your memorialist conceives himself to have a claim upon the public justice, for some method of vindicating himself, which will be unequivocal and definitive. Wherefore, and en- couraged by a consciousness of the integrity of his administra- tion, your memorialist is desirous that a strict examination should be had into his conduct while in office, in order, that if he has been guilty of mal-administration, it may be detected and punished: if otherwise, that his innocence may be manifested and acknow- ledged. Unwilling, from this motive, that longer delay should attend the objects of the resolution which has been recited; your memorialist humbly prays that an appointment of commissioners may take place, to carry the said resolution into effect. And your memorialist, as in duty bound, will pray, &c. - “Robº RT MoRRIs. “New York, February 8, 1790.” On the 9th, the Senate took up this memorial for considera- s. Journal, tion, when it was committed to Messrs. Izard, Henry, and Ells- P. " worth, to consider and report what was proper to be done. Mr. Izard, on the following day, made a report, which was taken up for consideration, on the 11th, when the Senate came to the fol- lowing resolution:- “Resolved, by the Senate and House of Representatives— That three commissioners be appointed by the President of the United States, to inquire into the receipts and expenditures of public moneys, during the administration of the late superinten- dent of finance; and to examine and adjust the accounts of the United States with that department, during his administration; and to report a state thereof to the President; and, that five dol- lars per diem be allowed to each of the said commissioners, while they shall be employed in that service.” The memorial was also presented in the House of Represent- * 478 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Censure of Secretary of the Treasury. 1790. ºgº atives, on the 10th, and was referred to Messrs. Madison, Sedg- H. Journal, House re- wick, and Sherman, for examination and report. In the mean P. 156. f. ...m. time, the resolution passed by the Senate, was transmitted to the Id, p. 157, rial, House, where it was ordered to be laid on the table. Mr. Madi- son, on the 9th of March, made a report on the subject, which 1d. p. 171. was taken up for consideration on the 19th, when the following ** order was adopted by the House:— ordered “Ordered—That a committee of five be appointed to inquire .º into the receipts and expenditures of public moneys during the to examine administration of the said Robert Morris, as late superintendent accounts of finance, and report to the House a state of the accounts re- specting the same.” And a committee was accordingly appointed, consisting of Messrs. Madison, Sherman, Sedgwick, Lawrance, and Smith, of South Carolina. 3d Session. Mr. Madison made a report from this committee, on the 16th 1791. Report of of February, 1791, being in the third session of this Congress, T. * and this report was ordered to lie on the table. There appears to have been no further action on this subject during the first and second Congresses. -º- #º. A FEw days before the termination of the second Congress, on 1793. ***— the 28th of February, 1793, the following resolutions were sub- H. Journal, mitted to the House of Representatives:– p. 723. Resolutions “Resolved—That it is essential to the due administration of #. * the government of the United States, that laws making specific law, &c., appropriations of moneys should be strictly observed by the ad- by the *. ministrator of the finances thereof. Cretary of * “Resolved—That the violation of a law making appropria- Sury. tions of moneys, is a violation of that article of the Constitution of the United States, which requires that no moneys shall be drawn from the treasury but in consequence of appropriations made by law. - “Resolved—That the secretary of the treasury has violated the law passed the 4th of August, 1790, making appropriations of certain moneys authorized to be borrowed by the same law, in the following particulars; to wit:— “1. By applying a certain portion of the principal borrowed, - to the payment of interest falling due upon that principal, which was not authorized by that, or any other law. HISTORY OF CONGRESS, 479 Chap, IV. Executive Departments—Censure of Secretary of the Treasury. 1793. §§º “2. By drawing part of the same moneys into the United SS1 - - - - - - - States, without the instructions of the President of the United Resolu- States tions as to - - * “Resolved—That the secretary of the treasury has deviated C. from the instructions given by the President of the United States, in executing the authorities for making loans, under the acts of the 4th and 12th of August, 1790. “Resolved—That the secretary of the treasury has omitted to discharge an essential duty of his office, in failing to give Con- gress official information, in due time, of the moneys drawn by him from Europe into the United States; which drawing com- menced December, 1790, and continued till January, 1793, and of the causes of making such drafts. - - “Resolved—That the secretary of the treasury has, without the instructions of the President of the United States, drawn more moneys, borrowed in Holland, into the United States, than the President of the United States was authorized to draw, un- der the act of the 12th of August, 1790; which act appropriated two millions of dollars only, when borrowed, to the purchase of the public debt; and that he has omitted to discharge an essential duty of his office, in failing to give official information to the commissioners for purchasing the public debt of the various sums drawn from time to time, suggested by him to have been intend- ed for the purchase of the public debt. “Resolved—That the secretary of the treasury did not consult the public interest, in negotiating a loan with the Bank of the United States, and drawing therefrom four hundred thousand dollars at five per centum per annum, when a greater sum of pub- lic money was deposited in various banks, at the respective pe- riods of making the respective drafts. “Resolved—That the secretary of the treasury has been guilty of an indecorum to this house, in undertaking to judge of its mo- tives in calling for information which was demandable of him, from the constitution of his office, and in ſailing to give all the necessary information within his knowledge, relatively to the sub- jects of reference made to him of the 19th of January, 1792, and of the 22d of November, 1792, during the present session. [The reference of the 19th of January, 1792, was as follows: Ordered—That the secretary of the treasury be directed to lay before this house such information, with respect to the finances of the United States, as will enable the legislature to judge whe- ther any additional revenue will be necessary, in consequence of the proposed increase of the military establishment.” And that 480 HISTORY OF CONGRESS. CHAP, IV. Executive Departments—Censure of Secretary of Treasury. 1793. #gº of the 22d of November, was in the following terms:–“ Re- solved—That the secretary of the treasury be directed to report gº º, the plan of a provision for the reimbursement of the loan made of violations, the Bank of the United States, pursuant to the eleventh section &c. of the act, entitled ‘An act to incorporate the subscribers to the Bank of the United States.”] - “Resolved—That a copy of the foregoing resolutions be trans- mitted to the President of the United States.” 1st, 2d, and These resolutions having been submitted and read, the first, H. Journal, 9th resolu- tions laid on table, the third, fourth, fifth, sixth, seventh, and eighth resolutions were 3d, 4th, committed to a committee of the whole house. These latter re- § 3; solutions were immediately taken up for consideration in com- 7th, 8th, committed, mittee, and were debated on that day and on the 1st of March; Adverse and in the evening session of this day, the committee reported report. their disagreement to the resolutions. It was then moved that the house agree with the committee of the whole, in their disa- greement to the third resolution; to wit:— “Resolved—That the secretary of the treasury has violated the law, passed the 4th of August, 1790, making appropriations of certain moneys authorized to be borrowed by the same law, in the following particulars; to wit:— “1. By applying a certain portion of the principal borrowed, to the payment of the interest falling due upon that principal, which was not authorized by that, or any other, law. “2. By drawing part of the same moneys into the United States, without the instructions of the President of the United States.” - second, and last of them, were ordered to lie on the table; and * 724. Id. p. 726, 3d resolu And the question being put on this motion, it was decided in Id, p. 727. tion reject ed. the affirmative, by the following vote:- Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- don, Greenup, Griffin, Grove, Hartley, Hillhouse, Hindman, Key, Kitchell, Lawrance, Learned, Lee, Leonard, Livermore, Muh- lenberg, Murray, Niles, Sedgwick, Jere. Smith, I. Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, Tucker, Ward, Wil- liamson, Willis.-40. JVoes—Messrs. Ashe, Baldwin, Findley, Giles, Gregg, Macon, Madison, Mercer, Moore, Orr, Page, Parker.—12. - It was then moved that the house agree with the committee in their disagreement to the fourth resolution; namely:— HISTORY OF CONGRESS. 481 CHAP, IV. Executive Departments—Censure of Secretary of the Treasury. 1793. 21Congress. “Resolved—That the secretary of the treasury has deviated 2d Session. - - - - - from the instructions given by the President of the United States, º", in executing the authorities for making loans, under the acts of violations, the 4th and 12th of August, 1790.” - &c. - - 4th resolu. And this question was also decided in the affirmative, the vote º reject standing thus:– - Ayes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- don, Greenup, Griffin, Grove, Hartley, Hillhouse, Hindman, Key, Kitchell, Lawrance, Learned, Lee, Leonard, Livermore, Muh- lenberg, Murray, Niles, Sedgwick, Jere. Smith, Wm. Smith, I. Smith, Steele, Sterrett, Sturges, Thatcher, Tucker, Ward, Wil- liamson.—39. Noes—Messrs. Ashe, Baldwin, Findley, Giles, Gregg, Macon, Madison, Mercer, Moore, Orr, Page, Parker.—12. It was then moved that the House agree with the committee in their disagreement to the fifth resolution, which is as fol- lows:— “Resolved—That the secretary of the treasury has omitted to discharge an essential duty of his office, in failing to give Con- gress official information, in due time, of the moneys drawn by him, from Europe into the United States; which drawing com- menced, December, 1790, and continued until January, 1793, - º º and of the causes of making such drafts.” 5thresolu. This question was also decided in the affirmative, by the fol. H. Journal, º * lowing vote:– - - p. 728, Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Hindman, Key, Kitchell, Lawrance, Learned, - Leonard, Livermore, Muhlenberg, Murray, Sedgwick, Jere. Smith, Wm. Smith, Steele, Sterret, Sturges, Thatcher, Tucker, - º -- Ward, Williamson.—33. JVoes—Messrs. Ashe, Baldwin, Findley, Giles, Griffin, Grove, Lee, Macon, Madison, Mercer, Moore, Niles, Page, Parker, I. --- Smith.-15. A motion was then made that the House agree with the com- mittee in their disagreement to the sixth resolution, in the ſol- lowing words:— - - * Resolved That the secretary of the treasury has, without the instruction of the President of the United States, drawn more moneys, borrowed in Holland, into the United States, than Wor. I.-61 482 HISTORY OF CONGRESS. CHAP, IV. Executive Departments—Censure of Secretary of the Treasury. 1793. 2d Congress. 2d Session. Resolu- tions as to violations, &c. 6th resolu- tion reject- ed. 7th resolu- tion reject- ed. the President of the United States was authorized to draw, un- der the act of the 12th of August, 1790, which act appropriated two millions of dollars only, when borrowed, to the purchase of the public debts; and that he has omitted to discharge an essen- tial duty of his office, in failing to give official information to the commissioners for purchasing the public debt, of the various sums drawn from time to time, suggested by him to have been intended for the purchase of the public debt.” The question on this motion was also decided in the affirma- tive, as follows:- - Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- don, Grove, Hartley, Hillhouse, Hindman, Kitchell, Lawrance, Learned, Leonard, Livermore, Muhlenberg, Niles, Sedgwick, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, Tucker, Ward, Williamson.—33. JVoes–Messrs. Ashe, Baldwin, Findley, Giles, Macon, Madison, Mercer, Parker.—8. It was then moved that the house agree with the committee in their disagreement to the seventh resolution; namely:- “Resolved—That the secretary of the treasury did not con- sult the public interest, in negotiating a loan with the Bank of the United States, and drawing therefrom four hundred thou- sand dollars, at five per centum per annum, when a greater sum of Public money was deposited in various banks, at the respec- tive periods of making the respective drafts.” The question on this motion was likewise decided in the affirm- ative, as follows:– Ayes-Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- don, Grove, Hartley, Hillhouse, Hindman, Kitchell, Lawrance, Learned, Leonard, Livermore, Muhlenberg, Niles, Sedgwick, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, Tucker, Ward, Williamson.—33. - JVoes—Messrs. Ashe, Baldwin, Findley, Giles, Macon, Madison, Mercer, Parker.—8. It was then moved that the house agree with the committee in their disagreement to the eighth resolution; to wit:- “Resolved—That the secretary of the treasury has been guilty of an indecorum to this house, in undertaking to judge of *motives in calling for information, which was demandable of H. Journal, p. 729, º - Id. p. 729, 730. - HISTORY OF CONGRESS. 483 CHAP. IV. Executive Departments—Treasury. 1793. #º him, from the constitution of his office, and in failing to give all - the necessary information within his knowledge, relatively to the subjects of reference made to him, of the 19th of January, 1792, and of the 22d of November, 1792, during the present session.” 8th resolu- The question being put on this motion, it was decided in the H. Journal, º * affirmative, by the following vote:– p. 730. Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Findley, Fitzsimons, Gerry, Gilman, Good- hue, Gordon, Hartley, Hillhouse, Hindman, Kitchell, Lawrance. Learned, Leonard, Livermore, Muhlenberg, Niles, Parker, Sedg- wick, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, That- cher, Tucker, Ward, Williamson.—34. Noes–Messrs. Ashe, Baldwin, Giles, Grove, Lee, Macon, Madison.—7. So all these motions were rejected. Inaccura. On the 27th of February, of this session, the speaker laid be. Id. p. 720, º, fore the House of Representatives a letter from the secretary of - treasuryre. the treasury, stating certain inaccuracies in printing the state- ports. ments communicated by his first and second letters, lately pre- sented, on the subject of foreign loans, and expressing a wish that some regulation may be adopted, to enable the head of the treasury department to secure the fidelity and correctness of the printed copies of the reports which shall hereafter be made to the House, and shall be submitted to the press by their order. cºmmit This letter was referred to Messrs. Fitzsimons, Sedgwick, and - Dayton. And, on the 2d of March, Mr. Fitzsimons, from this Id.p.730, Report a- - - cº- .." committee, made a report, which was agreed to, as follows:– 731. « That the committee have examined into the circumstances stated in the letter, and find “That the standing order of the clerk of this house to the printer, is, to send the proof-sheets of all reports and statements to the department from whence they were made, and that this - practice has been generally followed. “That it has been discontinued during the present session, - (so far as respects the secretary of the treasury.) from an opinion of the printer, that the delay which the examination would oc- casion, might interfere with the intention of the house, of having the business speedily accomplished. “It did not appear to the committee, that any unnecessary de- lay had taken place at the office of the comptroller, by reason of 484 HISTORY OF CONGRESS. CHAP. IV. Executive Departments—Treasury, 1793, #gº." the examination of the proof-sheets, nor in the printer, in the SSlon. Fees for transfer of public se- curities. Bill report- ed. Not acted Øn, execution of his business. “The committee are of opinion that it is not necessary for them to recommend any new regulation for the future execution of this business; but, in order to rectify the errors which have taken place in the printed reports and statements, the committee recommend the following resolution:- “‘ Resolved—That there be printed, under the direction of the secretary of the treasury, three hundred copies of the re- ports and statements made by him during the present session, and that the same be delivered to the clerk of this house.’” On the 8th of February, a committee was appointed by the H. Journal, House of Representatives, consisting of Messrs. Clarke, Find- P. 696, ley, and Gerry, to prepare and bring in a bill to establish fees in the treasury department for the transfer of public securities; and, on the following day, Mr. Clarke, from this committee, presented a bill, which was read the first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole on the 16th, when an amendment was reported: and it does not appear that the bill was subsequently acted on. - - HISTORY OF CONGRESS, - 485 Chap. V. National Defence–Militia. - 1789. 1st Congress. 1st Session. CHA PTER W. Organization of Militia—Military Establishment of United States—Brigadier Ge- neral–Protection of Frontiers—Indians—Hostilities—Treaties with—Trade and Intercourse—Commissioners—Navy Officers—Pensions—Invalids—Wi- dows and Orphans—Claims to Half Pay—Petitions—Bill to regulate Claims to Invalid Pensions—Mode of Payment—Families of Persons killed—Seamen— Bistressed Soldiers and Seamen—Marine Hospitals—Increase of Seamen—In- dividual Claims—Proceedings in relation to St. Clair's Defeat—Raising Troops in Pennsylvania. THE necessity for the adoption of a system of national defence, was suggested to the government immediately on the adoption of the Constitution, by the attitude of the Indian tribes, within the limits, and along the frontiers of the United States. On this subject, the following message was transmitted by the President of the United States to the House of Representatives, (a copy being, at the same time, addressed to the Senate,) on the 7th of s. Journal, August, 1789:— p. 55. “Gentlemen of the House of Representatives:— Message of “The business which has been under the consideration of Con- H. Journal, º, gress has been of so much importance, that I was unwilling to P. 79, 74. attitudes, draw their attention from it to any other subject; but the disputes º; which exist between some of the United States, and several pow- militia, erful tribes of Indians, within the limits of the Union, and the hostilities which have, in several instances, been committed on the frontiers, seem to require the immediate interposition of the general government. “I have, therefore, directed the several statements and papers, which have been submitted to me on this subject by General Knox, to be laid before you for your information. - “While the measures of government ought to be calculated to protect its citizens from all injury and violence, a due regard should be extended to those Indian tribes, whose happiness, in the course of events, so materially depends on the national jus- tice and humanity of the United States. “If it should be the judgment of Congress, that it would be most expedient to terminate all differences in the Southern dis- trict, and to lay the foundation for future confidence, by an ami- 486 HISTORY OF CONGRESS. CHAP. V. National Defence—Militia. 1789. #º cable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to consist of three per- sons, whose authority should expire with the occasion. “How far such a measure, unassisted by posts, would be com- petent to the establishment and preservation of peace and tran- quillity on the frontiers, is also a matter which merits your seri- ous consideration. - “Along with this object, I am induced to suggest another, with the national importance and necessity of which I am deep- ly impressed: I mean, some uniform and effective system for the militia of the United States. It is unnecessary to offer argu- | ments in recommendation of a measure, on which the honour, safety, and well-being of our country so evidently and so essen- tially depend. “But it may not be amiss to observe, that I am particularly anx- ious it should receive as early attention as circumstances will ad- mit; because it is now in our power to avail ourselves of the mi- litary knowledge disseminated throughout the several states, by means of the many well-instructed officers and soldiers of the late army—a resource which is daily diminishing by deaths and other causes. “To suffer this peculiar advantage to pass away unimproved, would be to neglect an opportunity which will never again recur, unless, unfortunately, we should again be involved in a long and arduous war. - Message of President, - “GEORGE WASHINGTON. “ New York, August 7, 1789.” This message, with the statement and papers accompanying it, Commit was ordered to be committed to a committee of the whole house £ed, on the state of the Union; and, on the 8th, the message was con- Reported. sidered in committee, when several resolutions were reported, which were agreed to by the house, as follows:– Resolu. “Resolved—That it is the opinion of this committee, that an #." act ought to pass providing for the necessary expenses attending any negotiations, or treaties, which may be held with the Indian - tribes, or attending the appointment of commissioners for these purposes. “Resolved—That it is the opinion of this committee, that an act ought to pass, providing a proper system of regulations for the militia of the United States.” *. The committee appointed, under the second resolution, to pre- H. Journal, p. 75. HISTORY OF CONGRESS. 487 1st Session. - -- --- tee, Chap. W. National Defence—Militia. 1789. lºgongress, pare and bring in a bill, consisted of Messrs. Sumpter, Heister, and Mathews. On the 11th of the same month, Mr. P. Muhlen- berg and Mr. Wadsworth were added to this committee. No re- port was made from the committee during the session. ºisession. At the commencement of the second session, on the 15th of 1790. Commit- January, 1790, a committee was appointed by the House of Re- H. Journal, presentatives, consisting of Messrs. Gilman, P. Muhlenberg, Heis- P. 141. ter, Mathews, and Floyd, to prepare and bring in a bill providing for the national defence. And on the 21st of January, the fol- Id, p. 144. lowing message was transmitted by the President of the United States to the two houses of Congress:– “ United States, January 21, 1790. “Gentlemen of the Senate, and House of Representatives:— President’s “The secretary of the department of war has submitted to ... me certain principles, to serve as a plan for the general arrange. militia. ment of the militia of the United States. “Conceiving the subject to be of the greatest importance to the welfare of our country, and liable to be placed in various points of view, I have directed him to lay the plan before Con- gress for their information, that they may make such use there- of as they shall judge proper. p “GEORGE WASHINGTON.” Three hundred copies of the plan were ordered to be printed for the use of the members of both houses; and the message and plan were referred to a committee of the whole, on the state of the Union; and, on the 26th of April, this committee was dis- charged from the further consideration of these documents, and they were referred to the committee appointed to bring in a bill providing for the national defence. Mr. Boudinot, from this com- ºr es mittee, on the 1st of July, presented a bill more effectually to 3. tºº, provide for the national defence, by establishing a uniform mili- " tia throughout the United States, which was read the first and second time, and committed to a committee of the whole house on the state of the Union. There was no further proceeding on this subject during the session. *Session. On the 10th of December, 1790, soon after the assembling of ºmmittee Congress at their third session, the House of Representatives or- * dered the appointment of a committee to prepare a bill, or bills, * more effectually to provide for the national defence, by establish- hº ing a uniform militia throughout the United States; and Messrs. S. Journal, p. 107. H. Journal, p. 144. Id. p. 199, Id. p. 334, - 488 HISTORY OF CONGRESS. CHAP. W. National Defence—Militia. 1790–91. 1st Congress. 3d Session. Bill dis- cussed and recommit- ted. Memorial of the Qua- kers, Motion to instruct committee. Amenda- £ory bill. Boudinot, P. Muhlenberg, Gilman, Floyd, Grout, Wadsworth, Smith, of Maryland, Bloodworth, Giles, Smith, of South Caroli- na, and Mathews, were appointed of this committee. Mr. Bou- dinot, on the 14th of December, presented a bill which was read the first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole, on the 16th, 17th, 20th, and 21st, when several amendments were reported. The discussion of these amendments occupied the house on the 22d, 23d, and 24th, when some of the amendments having been agreed to, others amended and agreed to, and others disagreed to, the bill was recommitted to Messrs. Wadsworth, Giles, and Tucker. It is relevant to state here, that, on the 24th, a memorial of the Quakers, in their annual assembly for the western shore of Maryland, and the adjacent parts of Pennsyl- vania and Virginia, lately convened at Baltimore, was presented to the house, stating their objections to various of the provisions of this bill, and this memorial was laid on the table; and that other memorials were presented from the same society. A motion was made, on the 29th, that it be an instruction to the committee, to whom this bill was recommitted, that they in- sert the following clause; to wit:—“Be it enacted—That the mi- litia of the several states of the Union, consisting of such persons as are or may be enrolled by them, respectively, shall be organ- ized, armed, and disciplined, in manner following:” And the question being taken on this motion, it was decided in the negative, by the following vote:- Ayes–Messrs. Ashe, Bloodworth, Floyd, Grout, Livermore, Thatcher, Tucker, Williamson.—8. JVoes—Messrs. Ames, Baldwin, Benson, Boudinot, B. Bourne, Brown, Burke, Cadwalader, Carroll, FitzSimons, Foster, Gerry, Gilman, Goodhue, Griffin, Giles, Hathorn, Heister, Huntington, Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Parker, Partridge, Van Rensselaer, Scott, Sedgwick, Seney, Se- vier, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Trumbull, Wadsworth, White, Wynkoop.–43. - On the 4th of January, 1791, Mr. Wadsworth, from the com- mittee to whom the bill was recommitted, reported an amenda- tory bill, which was then read the first time, and received the se- cond reading, and was committed to a committee of the whole, on the following day. This bill was not acted on in committee. H. Journal, p. 337– 242. Id. p. 345, Id. p. 349. HISTORY OF CONGRESS. 489 . Ch.A.P. V. -- National Defence—Militia. 1791. 2d Congress. 1st Session. Committee to prepare bill. Passed by House, Amended y Senate. THE President of the United States, at the opening of the se- cond Congress, again called the attention of that body to the ne- cessity of some legislation relative to the militia; and, on the 31st of October, 1791, it was ordered by the House of Representa- tives, that so much of the speech as relates to the establishment of a militia, and competent magazines, arsenals, and fortifications, H. Journal, p. 445 be referred to Messrs. Wadsworth, Dayton, Giles, Ward, Gor- don, Wayne, and Steele, with instructions to prepare and bring in a bill, or bills, making provision for the same. And, on the 21st of November, Mr. Wadsworth, from this committee, pre- sented a bill more effectually to provide for the national defence, by establishing a uniform militia throughout the United States; which was read the first and second time, and committed to a committee of the whole house. The bill was considered in com- mittee, on the 21st of February, and on the 28th and 29th; and, also, on the 1st and 2d of March, when several amendments were reported, which were considered on the 5th of March, when some were agreed to, and others disagreed to. The bill was then further amended at the clerk’s table, and was ordered to the third reading. On the 6th, the bill was read the third time, and the question on its passage was decided as follows:— Jāyes—Messrs. Ames, Ashe, Barnwell, Benson, Boudinot, B. Bourne, Clarke, Fitzsimons, Gerry, Giles, Goodhue, Grove, Hillhouse, Key, Kitchell, Lawrance, Learned, Lee, Madison, Moore, Muhlenberg, Murray, Sedgwick, I. Smith, Wm. Smith, Steele, Sterrett, Sturges, Silvester, Venable, White.—31. Noes—Messrs. Baldwin, S. Bourne, Findley, Gordon, Gil- man, Gregg, Griffin, Heister, Livermore, Macon, Mercer, Niles, Page, Parker, Schoonmaker, Seney, Jere. Smith, Sumpter, Thatcher, Tredwell, Tucker, Wining, Wadsworth, Ward, Wayne, Williamson, Willis. –27. The bill, being transmitted to the Senate, was there read the first and second time, on the 6th and 8th of March, 1792, when it was referred to Messrs. Gunn, Burr, Bradley, Dickinson, and Stanton. Mr. Gunn made a report on the 20th, which was taken up for consideration on the 22d, 23d, 26th, 27th, and 28th, the amendments reported by the committee were agreed to, and the bill was ordered to the third reading. On the 29th, the bill was read the third time. A motion was then made, and agreed to, to amend the bill as follows:– - “Strike out the proviso at the end of the first section; namely: • Provided, always—That if any person, enrolled as aforesaid, Wol. I.—62 Id, p. 457. 1792. H. Journal, p. 517.522. Id. p. 523 —525. Id. p. 528. Id. p. 529. S. Journal, p.406,407. 412–415. 4.17, 418. - 490 HISTORY OF CONGRESS. CHAP. V. National Defence—Militia. 1792. 2d Congress, shall, by a majority of the field officers of the regiment to which 1st sºon he may belong, be deemed and adjudged unable to purchase the mº"; arms and accoutrements required by this act, he shall be excused senate. from a forfeiture for any deficiency therein, until he can procure them, or until they are provided for him.’ “Section 3, line 13. To substitute the word “privates,’ for the word men,” and line 20, the word “bugler,’ for the words “bugle horn.” “To expunge these words, from section 7, lines 20 and 21, ‘ and the said adjutant general shall have the rank of brigadier in the militia.” “Also, these words, section 8, lines 2 and 3, prescribed to the late army of the United States, by the then major general, Baron Steuben,” so that the paragraph be read as follows:– And be it further enacted—That the rules of discipline approved and established by Congress, in their resolution of the twenty-ninth -- day of March, 1779, shall be the rules of discipline to be ob- served by the militia throughout the United States.’” A motion was then made by Mr. Rutherford, seconded by Mr. Lee, to add the following proviso to an amendment agreed on in committee of the whole, as the last section of the bill:– “And provided, further—That no sentence of a court martial shall extend to the taking of life or limb, or to any corporal pun- ishment, except in case an officer or private shall hold a trai- torous correspondence with the enemy, or shall desert, or at- tempt to desert to them, or shall misbehave in time of action, or shamefully abandon any post, or shall speak words inducing others to offend in any of the foregoing instances.” But this motion was decided in the negative. Billpassed. On the question that the bill pass as amended, the decision was S. Journal, as follows:— p. 118. Yeas—Messrs. Bassett, Bradley, Cabot, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, King, Langdon, Lee, Monroe, Reed, Robinson, Sherman, Stanton, Strong, Win- gate.—23. JWay—Mr. Rutherford. The House of Representatives proceeded to the consideration H. Journal, of these amendments, on the 10th, 11th, and 12th of April, * 575. agreeing to some of the amendments and disagreeing to others. The two last amendments being read, for adding to the end of the bill the following sections; to wit:— “And be it further enacted—That the President of the United - - - - - --- HISTORY OF CONGRESS. 491 CHAP. V. National Defence–Militia. 1792. 2d Congress. 1st Session. Amend- ments. States is hereby authorized to call out the militia, or such part thereof, as the exigence may, in his opinion, require, to execute the laws of the Union, suppress insurrections, and repel inva- sions. And when militia are employed in the service of the United States, they shall receive the same pay and allowances as are now made to the troops in service. “And be it further enacted—That, if any officer, or private sol- dier of the militia, being ordered into the service of the United States, pursuant to the powers herein given, shall refuse obe- Motion to amend a- mendment. Amend- ment ne- §atived. dience to such orders, he shall forfeit to the use of the United States, a sum not exceeding the amount of one year's pay, of such officer or soldier respectively, as herein established. And the militia, while in the service of the United States, shall be subject to the rules and articles of war. Provided—That the courts martial by whom they shall be subject to be tried, shall be composed entirely of militia officers of the same state with the offenders.” - It was then moved to amend the first of these amendments, by adding thereto the proviso which follows; to wit:— “Provided, always—That the powers herein given to the Pre- sident of the United States, for calling the militia into service, be, and continue in force, until the end of the next session of Congress, and no longer.” The question being taken on this motion, it was decided in the affirmative, by the following vote:— Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Fitzsimons, Gilman, Goodhue, Gregg, Griffin, Hartley, Heister, Hillhouse, Huger, Kitchell, Kittera, Lawrance, Learned, Lee, Madison, Moore, Muhlenberg, Murray, Niles, Se- ney, Sheridan, Jere. Smith, Sterrett, Silvester, Thatcher, Tred- well, Tucker, Wining, Wadsworth, Ward.—37. JVoes—Messrs. Ashe, Baldwin, Gerry, Giles, Grove, Key, Liver- more, Macon, Mercer, Page, Parker, Schoonmaker, I. Smith, Wm. Smith, Steele, Sturges, Sumpter, Venable, White, Willis. —20. - On the question that the house agree to the amendment as amended, it was decided in the negative; the ayes and noes standing thus:– - .4yes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Findley, Fitzsimons, Gilman, Goodhue, Gordon, Gregg, Hartley, Hillhouse, Kittera, Lawrance, Learned, Jere. Smith, Wm. Smith, Sterrett, Silvester, Thatcher, Wining, Wadsworth, Ward.—24. H. Journal, p. 576. Id. p. 577. 492 HISTORY OF CONGRESS. CHAP. V. National Defence—Militia. 1792. 2d Congress. JVoes—Messrs. Ashe, Baldwin, Boudinot, Brown, Clarke, Ger- 1st Session. Amend- ments. ry, Giles, Griffin, Grove, Heister, Huger, Key, Kitchell, Lee, Li- vermore, Macon, Madison, Mercer, Moore, Muhlenberg, Murray, Niles, Page, Parker, Schoonmaker, Seney, Sheridan, I. Smith, Steele, Sturges, Sumpter, Tredwell, Tucker, Venable, White, Williamson, Willis.-37. The amendment was, therefore, disagreed to by the house, as also was the last amendment above quoted. The Senate, on the 13th, proceeded to consider the subject, S. Journal, when a motion to recede from the amendments disagreed to by p.425,426. the House, was decided in the negative. On the following day, a similar motion was made, and determined also in the negative. After each of these motions, the further consideration of the amendments was postponed. On the 16th, a motion was made to insist on the amendments; but this motion proved equally un- Successful, and the consideration of the amendments was again postponed. The subject being again before the Senate on the Senate in 23d, it was resolved, that the Senate insist on their amendments, id. p.431. sist, , and desire a conference with the House of Representatives, on the disagreeing votes of the two houses, appointing Messrs. Ells- worth, Gunn, and King, to be managers on the part of the Se- nate. The House of Representatives, on the 25th, agreed to H. Journal, the conference, and appointed Messrs. Clarke, White, and Mur- P. 587. ray, to be their managers. On the 27th, the Senate, on motion, s, Journal, senate re resolved to recede from their amendments to the bill which had P. * cede. been disagreed to by the House. , - Bill to pro. During the same session, on the 12th of April, the House of H. Journal, viº fºr Representatives ordered that Messrs. White, Gerry, and Mur- P. " calling out militia, ray, be a committee to prepare and bring in a bill or bills for call- ing forth the militia, when necessary, to execute the laws of the Union, suppress insurrections, and repel invasions; and, on the 17th, Mr. White, from this committee, presented a bill to pro- vide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, which was then read the first and second time, and committed to a committee of the whole house. On the 23d and 24th, this bill was under Id. p. 580. consideration in committee, and several amendments were re- 585–87. ported to the House, which were agreed to on the following day, and the bill was ordered to the third reading; and on the Passed by 26th, the blanks having been filled up, the bill was read the House. third time and passed. In the Senate, the bill received the first, S. Journal second, and third reading, on the 26th and 27th. Mr. Dickin- P. “ son then moved to amend it by inserting these words; after the HISTORY OF CONGRESS. - 493 Chap. W. National Defence—Militia. 1792. #º. word “war,” section 4, line 3, “except that no militia man − shall be subject to corporal punishment,” and this motion having Bill passed been decided in the negative, the bill was concurred in as it came ** from the House. 2d Session. On the 20th of November, at the second session of this Con- H. Journal, Unsuccess gress, a motion was made that the House do come to the follow- Pº” ful motion : - ; , , - - to amend *8 resolution:- ** “Resolved—That a committee be appointed to bring in a bill to amend the militia laws passed last session.” This motion provoked some discussion, but was decided in the negative. On the following day, the motion was renewed in a modified form; namely, that a committee be appointed to bring in a bill to repeal so much of the first section of the militia law as relates to the arming of the militia. The question being taken on this motion, it was decided in the negative by the following Vote:— - Ayes–Messrs. B. Bourne, Key, Mercer, Murray, Sumpter, Willis.-6. Noes–Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, S. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Giles, Gilman, Goodhue, Gordon, Greenup, Griffin, Grove, Hartley, Heister, Hillhouse, Huger, Kitchell, Kittera, Lawrance, Learned, Lee, Leonard, Livermore, Macon, Madison, Moore, Muhlenberg, Niles, Orr, Page, Parker, Schoonmaker, Sedgwick, Silvester, Jere. Smith, William Smith, Steele, Sturges, Thatcher, Tred- well, Tucker, Venable, Ward, White, Williamson.—50. Secretpro. In the Journal of the proceedings of the House of Represent- d. p. 738, . atives, which, during the time they were depending, were or- ** militia act dered to be kept secret, will be found the following action of the House on the subject of the act for calling out the militia. On the 7th of December, 1792, the following message, from S. Journal, the President of the United States, was transmitted to the two P. 462. - H. Journal houses by Mr. Lear, his secretary. - i.º." “ United States, December 7, 1792. “ Gentlemen of the Senate, and of the House of Represent- ałives:— - lºgº of “I lay before you two letters, with their enclosures, from the resident governor of the South-western Territory, and an extract of a letter to him from the department of war. - “ These, and a letter of the month of October last, which has - already been communicated to you, from the same department 494 HISTORY OF CONGRESS. CHAP. V. National Defence—Militia. 2d Congress, to the governor, will show in what manner the first section of ***— the act of the last session, which provides for calling out the mi- .º litia for the repelling of Indian invasions, has been executed. It remains to be considered by Congress, whether in, the present situation of the United States, it be advisable or not to pursue any further or other measures than those which have already been adopted. The nature of the subject does, of itself, call for your immediate attention to it; and, I must add, that upon the result of your deliberations, the future conduct of the executive will, on this occasion, materially depend. “G. WASHINGTON.” 1792. Message This message, and the accompanying papers, were committed HJournal, d. e deration in that committee, during the 10th, 11th, 14th, and 17th of December, when a successful motion was made that the com- mittee of the whole house be discharged from the further consi- deration of the same; and, that the said message and papers do lie on the table. On the following day, the subject being resumed, it was moved that the house do come to the following resolu- tion:— - & Resolved—That the President of the United States be autho- rized to employ such part of the military force, and of the militia of the United States, as he may judge necessary for the effectual protection of the frontiers; and (if he shall judge it expedient) to carry on offensive operations against the Indians of the five low- er Cherokee towns, called Chickamagas; and such other of the Indian tribes as may hereafter commit acts of depredation against the lives and property of the citizens of the United States.” It was demanded that this question be divided; and it was, therefore, put on agreeing to the first part of the motion, in the following words:– & Resolved—That the President of the United States be au- thorized to employ such part of the military force, and of the militia of the United States, as he may judge necessary for the effectual protection of the frontiers; and (if he shall judge it ex- pedient,) to carry on offensive operations against the Indians of the five lower Cherokee towns, called Chickamagas.” Motionne. And the question being taken on this part of the motion, it H ** was decided in the negative, by the following vote:- p. Jºyes–Messrs. Baldwin, Barnwell, Clarke, Findley, Fitz- simons, Giles, Greenup, Griffin, Hartley, Huger, Lee, Milledge, * to a committee of the whole house, and were the subject of consi– P. 739, ..Journal, 740. HISTORY OF CONGRESS. 495 CHAP. V. National Defence—Military Establishment. - 1792. #º. Moore, Muhlenberg, Murray, Page, Parker, Tucker, Venable, White, Willis.-21. - Noes—Messrs. Ashe, Boudinot, S. Bourne, B. Bourne, Ger- ry, Gilman, Goodhue, Gregg, Heister, Hillhouse, Key, Kitchell, Lawrance, Learned, Leonard, Livermore, Niles, Sedgwick, Sil- vester, I. Smith, Steele, Sturges, Sumpter, Tredwell, Wads- worth, Ward, Williamson.—27. The motion was therefore lost. -Q- Istgongress. THE following message from the President of the United 1789. 1st Session. - Mºrº States was, on the 10th of August, 1789, communicated to the H. Journal, Estºnism. two houses of Congress, respectively:- p. 76. MENT. - - NT “ Gentlemen of the Senate—[House of Representatives:–1 Message of “I have directed a statement of the troops in the service of S. Journal, *nt the United States, to be laid before you for your information. P. * “These troops were raised by virtue of the resolves of Con- gress of the 20th of October, 1786, and the 3d of October, 1787, in order to protect the frontiers from the depredations of the hostile Indians; to prevent all intrusions on the public lands; and to facilitate the surveying and selling of the same, for the pur- pose of reducing the public debt. “As these important objects continue to require the aid of the troops, it is necessary that the establishment thereof should, in all respects, be conformed by law to the Constitution of the United States. “G. WASHINGTON. “New York, August 10, 1789. “.4 Statement of the Troops in the Service of the United AStates. “The establishment, as directed to be raised and organized by the act of Congress, of the 3d of October, 1787; to wit: Satement “One regiment of infantry, consisting of 1 lieutenant colonel º commandant, 2 majors, 7 captains, 7 lieutenants, 8 ensigns, 1 surgeon, 4 mates: Eight companies, each of which to consist of 4 sergeants, 4 corporals, 2 musicians, and 60 privates, - - 560. “One battalion of artillery, consisting of 1 major, 4 captains, lieutenants, 1 surgeon’s mate: Four companies, each of which to consist of 4 sergeants, 4 corporals, 2 musicians, and 60 privates, - - - 280 “Non-commissioned officers and privates, - - - 640 496 HISTORY OF CONGRESS. CHAP. W. National Defence—Military Establishment. 1789, º “That the pay of the troops was fixed by the act of Con- - gress of the 12th of April, 1785, and confirmed by the acts of .. the 20th of October, 1786, and the 3d of October, 1787; to wit: service. “Lieutenant colonel commandant, at 50 dollars per month. “Major, - - - - 45 do. “Captain, - - - 35 do. “Lieutenant, - - - 26 do. “Ensign, - - - - 20 do. “Surgeon, - - - 45 do. “Mate, - - - - 30 do. “Sergeants, - - - 6 do. “Corporals, - - - 5 do. º “Musicians, - - - 5 do. “Privates, - - - 4 do. “That the subsistence to the officers, in lieu of rations, are the same as during the late war; to wit: “Lieutenant colonel commandant, at — dollars per month. “Major, - - - - 20 do. “Captain, - - - - 12 do. “Lieutenant, - - - 8 do. “Ensign, - - - - 8 do. “Surgeon, - - - 16 do. “Mate, - - - - 8 do. “That lieutenants, acting as adjutant, quarter master, and pay master, are allowed, by the act of Congress, of the 12th of April, 1785, for their extra duty, ten dollars per month. “That the allowance of forage is as follows: 3 majors, each 12 dollars per month; 1 surgeon, 6 dollars per month; 3 regimental staff, each 6 dollars per month. “That by the act of Congress, of the 31st of July, 1787, lieu- tenant colonel commandant Harmar was promoted to the rank of brigadier general, by brevet, with an allowance of the emolu- ments, but not the pay of said rank. “That the emoluments are as follows; namely: Subsistence, 64 dollars per month; forage, 18 dollars per month. “That each non-commissioned officer and soldier is allowed, annually, one suit of uniform clothes, as follows:– “I coat," 1 hat, 1 stock, “1 vest, [alls, 4 shirts, 1 stock clasp, “2pairs woollen over- 4 pairs shoes, 1 pair shoe buckles, “2 pairs linen do. 4 pairs socks, 1 blanket. “That each non-commissioned officer and soldier is also al- lowed one ration per day, to consist of the following articles:- HISTORY OF CONGRESS. 497 CHAP. V. National Defence—Military Establishment. 1789. #º. “ 1 pound of bread or flour, 1 quart of salt, *H “1 pound of beef, or 2 quarts of vinegar, Tb every hundred “à pound of pork, 2 pounds of soap, rations. “1 gill of common rum, | 1 pound of candles, J “That the troops in actual service are as follow:— - statement “Two companies of artillery, raised by virtue of the acts of º Congress, of the 20th of October, 1786, and continued by the act of Congress of the 9th of April, 1787, one of which is sta- tioned at the arsenal at West Point, on Hudson’s river, and the other at the arsenal at Springfield, on Connecticut river, 76 “Troops stationed on the frontier, as follow:— | “At the various posts north-west of the river Ohio, - 596 672 “Wanting to complete the establishment, - - 168 840 “Non-commissioned officers and privates, - “That all the troops are enlisted for three years. “That the engagements of the two companies of artillery, at West Point and Springfield, will expire in the beginning of the year 1790. - “That, of the troops on the frontiers, enlisted by virtue of the acts of Congress of the 3d of October, 1787, 528 non-commis- sioned officers and privates will have to serve, generally, to the middle of the year 1791; and two companies, consisting of 68 -- non-commissioned officers and privates, until towards the month - of May, 1792. “That the change in the government of the United States will require that the articles of war be revised and adapted to the Constitution. “That the oaths necessary to be taken by the troops be pre- scribed, and, also, the form of the commissions which are to be issued to the officers. - “All which is humbly submitted to the President of the United States. * H. Knox. “War Office, August 8th, 1789.” Message This message and statement were, on the 11th, ordered by the H. Journal, *itted. House of Representatives to be referred to a committee of the P’’’ whole house on the state of the Union. Motionalso The following motion was also, on the same day, committed id: p. 78. *ed to the same committee:– Wol. I.-63 498 HISTORY OF CONGRESS. - - CHAP. V. National Defence—Military Establishment. 1789. 1st gongress. “ Resolved—That, in case of refusal of the Creek Indians to 1st Session. Committee of the whole dis- charged. Selectcom- mittee. Message of President, treat, or, on treaty, to agree to such articles and terms, as to the commissioners, to be appointed, shall appear necessary and just, the President of the United States shall be, and he is hereby, au- thorized to raise, or cause to be raised, such number of troops, in the pay and establishment of the United States, or to call forth and embody such proportion of the militia of the states of South Carolina and Georgia, as will secure and protect, by such proper posts as he may think necessary, the inhabitants of the state of Georgia from the invasion and further inroads of the Creek In- dians: Provided—That the whole number of men so to be raised in the establishment of the United States, shall not exceed 5 nor be continued for a longer term than : And provided, also—That the whole number of the militia, so to be called forth and embodied, shall not exceed ; nor shall any one person be obliged to serve more than ; and the said militia, when in actual service, shall be entitled to the pay and emoluments of the troops of the United States,” On the 9th of September, a motion was made and agreed to, H. Journal that the committee of the whole house on the state of the Union, P.” be discharged from further proceeding on the message from the President of the United States of the 10th ultimo, and that the said message be referred to Mr. Boudinot, Mr. Trumbull, and Mr. Burke; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house. On the 16th of September, the following message was trans- S. Journal, mitted by the President of the United States to the two houses P. * H. Journal, of Con :— ongress p. 112. “Gentlemen of the Senate—[House of Representatives: — “The governor of the western territory has made a state- ment to me of the reciprocal hostilities of the Wabash Indians, and the people inhabiting the frontiers bordering on the river Ohio, which I herewith lay before Congress. “The United States, in Congress assembled, by their acts of the 21st day of July, 1787, and of the 12th of August, 1788, made a provisional arrangement for calling forth the militia of Virginia and Pennsylvania, in the proportions therein specified. “As the circumstances which occasioned the said arrange- ment continue nearly the same, I think proper to suggest to your consideration the expediency of making some temporary provision for calling forth the militia of the United States for the HISTORY OF CONGRESS. 499 Chap. V. National Defence—Military Establishment. 1789. Hº purposes stated in the Constitution, which would embrace the cases apprehended by the governor of the western territory. “GEo. WASHINGTON. “September 16, 1789.” This message was also referred to Messrs. Boudinot, Trumbull, and Burke. And on the 17th, Mr. Boudinot, from this committee, H. Journal, Bill to re-presented a bill to recognise and adapt to the Constitution of the P. 113. *"ºpt United States, the establishment of the troops raised under the re- military es- solves of the United States, in Congress assembled, and for other hºme purposes therein mentioned, which was read the first and second * time, and committed to a committee of the whole House. The - bill was considered in committee on the 22d, and several amend- Id. p. 118, ments were reported, which were agreed to by the House, and ** the bill was then ordered to the third reading; and on the follow- Passed by ing day, the blanks having been filled up, the bill was read the * third time and passed. In the Senate, the bill received the first reading on the 23d of September, was read the second time on s. Journal, the 26th, and was committed to Messrs. Read, Butler, King, P. 85. Ellsworth, and Morris. Mr. Read, on the 28th, reported amend- Id. p. 90, Amended ments to the bill, and the bill was then read the third time and * by Senate. passed, so amended as to conform to the report of the committee. On the same day, the House of Representatives proceeded to con- H. Journal, sider these amendments, when it was resolved to agree to the P.1% first, second, third, fourth, fifth, and sixth amendments; and, on º dis motion to agree to the last amendment of the Senate, it was de- cided in the negative, by the following vote:– Ayes–Messrs. Benson, Carroll, Clymer, Foster, Gilman, Law- rance, Lee, Madison, jr., Partridge, Sherman, Silvester, Smith, of Maryland, Stone, Thatcher, Trumbull, Wadsworth-16. JVoes—Messrs. Baldwin, Bland, Boudinot, Burke, Cadwalader, Coles, Contee, Fitzsimons, Floyd, Gerry, Heister, Jackson, Leo- nard, Livermore, Mathews, Moore, Muhlenberg, Van Rensselaer, Schureman, Scott, Seney, Sinnickson, Sumpter, Tucker, White, —25. So that the House disagreed to the seventh amendment. The s. Journal, * in Senate then determined to insist on this amendment; on which P. “ House the House of Representatives resolved to recede from their disa- º fºul cede, greement. *Session. On the 12th of January, the following message was transmit- 1790. ted, by the President of the United States, to the two houses of Congress:– 500 HISTORY OF CONGRESS. CHAP. V. National Defence—Military Establishment, 1790. 1st Congress. 4% - ſtatives:– lºgºs. “Gentlemen of the Senate, and House of Representatives M. of “I lay before you a statement of the south-western frontiers, President, and of the Indian department, which have been submitted to me by the secretary for the department of war. “I conceive, that an unreserved, but confidential communica- S. Journal, tion of all the papers relative to the recent negotiations with P. * some of the southern tribes of Indians, is indispensably requisite for the information of Congress. I am persuaded, that they will effectually prevent either transcripts or publications of all such circumstances as might be injurious to the public interests. “G. WASHINGTON. “ United States, January 12, 1790.” In the House of Representatives, this message and statement H. Journal, were referred to a committee of five, consisting of Messrs. Wads. P. * - worth, Brown, Boudinot, Burke, and Baldwin. And on the fol- lowing day, Messrs. Livermore, Ames, Lawrance, Scott, and Smith, of Maryland, were added to this committee. Mr. Wads- worth, on the 20th of January, made a report, which was taken Id. p. 143, up on the 21st, considered in committee of the whole, and re- 144. ported without amendment. On the 1st of March, a further Id. p'165. communication on this subject, from the President of the United States, was laid on the table of the House of Representatives. There is no further statement of the proceeding on these mes- sages spread on the public Journal of the House of Representa- tives; but it appears from the Senate Journal, that on the 26th s. Journal, of March, the following message was received in that body from P." the House of Representatives:– “Mr. President :-The House of Representatives have had un- der consideration, the confidential communications from the Pre- sident of the United States, of the 12th of January, to the Se- nate and House of Representatives, and have passed a bill upon that subject, to which they request the concurrence of the Se- nate.” - Bill to re. It was then ordered, that the bill, entitled “An act for regu- Id, p. 125. flºº. lating the military establishment of the United States,” have the ... first reading at this time. On the 29th and 30th, the Senate | were occupied on the question of the second reading of the bill, | when it was committed to Messrs. Few, Ellsworth, Butler, | Schuyler, Carroll, Langdon, and Strong. Mr. Few reported on the 6th of April; and on the 20th, a further report was made, which was adopted as amendments to the bill, which was then HISTORY OF CONGRESS. 501 Chap. W. National Defence—Military Establishment. 1790. - 1st Congress. 2d Session. Bill passed. 2d Congress. 1st Session. ordered to the third reading; and on the 21st, the bill, as amend- S. Journal, ed, was passed. The House of Representatives proceeded to P.” cy consider these amendments on the 22d, and resolved to agree to Id. p. 133. all of them, with an amendment to the eighth amendment to the fifth section of the bill, as follows:— “In lieu of the word “eighteen,” proposed to be inserted by H. Journal, the Senate, insert “twenty-four.” On the same day, the Senate §. º: - Journal, concurred in this amendment. p. 133. º On the 20th of March, 1792, the following message was trans- 1792. T mitted by the President of the United States to the two houses of Congress:– “ United States, March 20th, 1792. “Gentlemen of the Senate, and of the House of Representatives:– Message of “The several acts which have been passed, relatively to the H.Journal, President, as to a bri- gadier ge- neral. Bill passed, military establishment of the United States, and the protection P. * of the frontiers, do not appear to have made provision for more S. Journal, than one brigadier general. It is incumbent on me to observe, P. * that, with a view merely to the organization of the troops de- signated by these acts, a greater number of officers of that grade would, in my opinion, be conducive to the good of the public service. But an increase of the number becomes still more de- sirable, in reference to a different organization, which is con- templated, pursuant to the authority vested in me for that pur- pose, and which, besides other advantages expected from it, is recommended by considerations of economy. - “I therefore request that you will be pleased to take this sub- ject into your early consideration, and to adopt such measures thereon as you may judge proper. “G. WASHINGTON.” In the Senate this message was referred to Messrs. Burr, Gor- Id. p. 414, don, and Hawkins, to consider and report thereon; and, on the 415. 22d, Mr. Burr, from the committee, reported a bill, supple- mental to the act for making further and more effectual provi- sion for the protection of the frontiers of the United States; which was then read the first time, and, on the following day, after being amended, the bill was read the third time, and passed. On the same day, the bill was read the first and second time, in H. Journal, the House of Representatives, and was committed to a commit- P. * tee of the whole house. The bill was taken up in committee on the following day, and was reported with an amendment, Id, p. 547, 502 HISTORY OF CONGRESS. CHAP. V. National Defence—Military Establishment. - 1792. 2d Congress. 1st Session. Bill ma- king pro- vision for protection offrontiers. Passed by House. which was agreed to; and the bill was then read the third time, and passed. On the 26th, the Senate concurred in the amend- S. Journal, ment of the House of Representatives. p. 416. The bill to which the above is the supplementary act, was re- H. Journal, ported to the House of Representatives, on the 25th of Janua-P". ry, of the same year, from a committee charged with the sub- ject, under the title of a bill for making further and more effec- tual provision for the protection of the frontiers of the United States, which was then read the first and second time, and was committed to a committee of the whole house. In committee, the bill was considered the 26th, 27th, and 30th, when several Id. p. 499. amendments were reported, some of which were adopted, and others were disagreed to. The bill being then under considera- tion, it was moved to amend the bill, by striking out the second section, which is as follows:— - “And be it further enacted—That there shall be raised three additional regiments of infantry, each of which, exclusively of the commissioned officers, shall consist of nine hundred and twelve non-commissioned officers, privates, and musicians.” And the question being put on this motion, it was decided in the negative by the following vote:- Ayes—Messrs. Ashe, Boudinot, S. Bourne, B. Bourne, Gilman, Goodhue, Grove, Livermore, Macon, Niles, Parker, J. Smith, Steele, Sumpter, Thatcher, Ward, Williamson, Willis.-18. JVoes—Messrs. Ames, Baldwin, Barnwell, Benson, Brown, Day- ton, Findley, Fitzsimons, Giles, Gregg, Hartley, Huger, Key, Kit- chell, Kittera, Lawrance, Learned, Madison, Moore, Muhlen- berg, Murray, Page, Schoonmaker, Seney, Wm. Smith, Ster- rett, Sturges, Silvester, Tredwell, Tucker, Wenable, Wadsworth, Wayne, White.—34. On the 31st, the bill having been further amended, was or- Id, p. 500. dered to the third reading; and, on the next day, the blanks having been filled up, the bill was read the third time, and the question on its passage was decided in the affirmative, as ſol- lows:— “Jäyes—Messrs. Ames, Baldwin, Barnwell, Benson, Brown, Clarke, Dayton, Findley, Fitzsimons, Giles, Hartley, Huger, Kitchell, Kittera, Learned, Madison, Moore, Muhlenberg, Mur- ray, Page, Seney, Wm. Smith, Sterrett, Silvester, Tredwell, Tucker, Wadsworth, Wayne, White.—29. Noes–Messrs. Ashe, S. Bourne, B. Bourne, Gilman, Good- hue, Gordon, Grove, Hillhouse, Jacobs, Macon, Niles, Parker, HISTORY OF GONGRESS. 503 Chap. V. National Defence—Military Establishment. 1792. *...". Jere. Smith, I. Smith, Steele, Sumpter, Thatcher, Ward, wil- ++ lis—19. The bill was then sent to the Senate, where it was read the first time on the 3d of February, and, under a temporary in- S. Journal, junction of secrecy, was printed in the form in which it had P. * passed the House of Representatives, as follows:– Bill as it “Sect. 1. Be it enacted, by the Senate and House of Repre- #. * sentatives of the United States of America, in Congress as- sembled—That the battalion of infantry, and two regiments of infantry, now in service, be completed in their numbers, accord- ing to the establishment. “Sect. 2. 2nd be it further enacted—That there shall be id. p. 385. raised, for a term not exceeding three years, three additional re- giments of infantry, each of which, exclusively of the commis- sioned officers, shall consist of nine hundred and twelve non- commissioned officers, privates, and musicians. And the Presi- dent may employ as many of the said troops as riflemen as he shall think proper: Provided—That the said three regiments shall be discharged as soon as the United States shall be at peace with the Indian tribes. “Sect. 3. And be it further enacted—That the said addi- tional regiments shall be organized in the same manner as the regiment of infantry described in the act, passed during the se- cond session of the first Congress, entitled “An act for regu- lating the military establishment of the United States.” “Sect. 4. And be it further enacted—That there shall be raised a squadron of light dragoons, which, exclusively of the commissioned officers, shall consist of three hundred and four non-commissioned officers, privates, and musicians, and that it shall be a condition, in their enlistments, to serve as infantry whenever they shall be ordered thereto. That the organization of the said squadron of light dragoons shall be as follows; name- ly: one major commandant, one adjutant, one quarter-master, one pay-master, one surgeon’s mate; and four troops, each of which shall consist of one captain, one lieutenant, one cornet, four sergeants, four corporals, one farrier, one saddler, one trumpeter, and sixty-five dragoons; and the said squadron shall be raised for a term not exceeding three years. * Sect. 5. And be it further enacted—That the non-com- missioned officers, privates, and musicians, of the said three re- giments of infantry, and the squadron of light dragoons, shall be enlisted for the term of three years, unless previously dis- charged. 504 HISTORY OF CONGRESS. CHAP. V. National Defence—Military Establishment. 1792. 2d Congress. 1st Session. Bill as it passed the House. * Sect. 6. And be it further enacted—That every recruit, who shall be enlisted by virtue of this act, shall receive six dol- lars bounty, and that the same shall he made up to the non-com- missioned officers, privates, and musicians, now in service, who have enlisted for three years, since the passing of the aforesaid act, entitled ‘An act for regulating the military establishment of . the United States.” * Sect. 7. And be it further enacted—That the commis- sioned officers, who shall be employed to recruit for the esta- blishment, shall be entitled to receive for every recruit, duly en- listed and mustered, two dollars. * Sect. 8. And be it further enacted—That the monthly pay of the commissioned officers, non-commissioned officers, pri- vates, and musicians, in the military establishment of the United States, and of the three regiments and squadrons of light dra- goons, authorized by this act, shall be, in future, as follows, free of all deductions; to wit:— “ General Staff—A major general, one hundred and sixty- six dollars; a brigadier general, one hundred and four dollars; quarter-master, one hundred dollars; adjutant, sixty dollars; in- spector, fifty dollars; chaplain, fifty dollars; surgeon, seventy dollars; deputy quarter-master, fifty dollars; aide-de-camp, in ad- dition to his pay in the line, twenty-four dollars; brigade major, in addition to his pay in the line, twenty-four dollars. “Regimental. —Lieutenant colonel commandant, sixty dol- lars; majors commandant of dragoons and artillery, fifty-five dol- lars; pay-master, in addition to his pay in the line, ten dollars; quarter-master, in addition to his pay in the line, eight dollars; adjutant, in addition to his pay in the line, ten dollars; majors of infantry, fifty dollars; captains, fifty dollars; lieutenants, twenty- six dollars; ensigns and cornets, twenty dollars; surgeons, forty- five dollars; mates, thirty dollars; sergeant majors and quarter- master sergeants, eight dollars; senior musicians, seven dollars; sergeants, seven dollars; corporals, six dollars; privates, four dol- lars; musicians, four dollars; artificers, allowed to the light dra- goons and artillery, and included as privates, eight dollars; ma- trons and nurses in the hospital, eight dollars. “Sect. 9. And be it further enacted—That the rations, or money in lieu thereof, for the commissioned, non-commissioned officers, privates, and musicians, of the additional troops herein men- tioned, shall be the same as described in the aforesaid act, enti- tled “An act for regulating the military establishment of the United States, and in the act passed in the third session of the HISTORY OF CONGRESS. 505 Chap. V. National Defence—Military Establishment. 1792. fºr first Congress, entitled ‘An act for raising and adding another re- ...T. giment to the military establishment of the United States, and Bill as it - - - - - passed the for making further provision for the protection of the frontiers.” House. “Sect. 10. And be it further enacted—That the forage to be al- lowed to the officers of the additional regiments authorized by this act, be the same as described by the acts before mentioned. “Sect. 11. And be it further enacted—That the allowance of S. Journal, clothing for the non-commissioned officers and privates of the P. sº three regiments and squadrons aforesaid, shall be the same as is by law established. That suitable clothing be provided for the cavalry, and adapted to the nature of the service, and conformed as near as may be to the value of the clothing allowed the infan- try and artillery. “Sect. 12. And be it further enacted—That all the commissioned and non-commissioned officers, privates, and musicians, of the three regiments and squadron, aforesaid, shall take the same oaths, shall be governed by the same rules and regulations, and, in cases of disabilities, shall receive the same compensations, as are described in the before-mentioned act, entitled ‘An act for re- gulating the military establishment of the United States.’ “Sect. 13. And be it further enacted—That it shall be lawful for the President of the United States, to forbear to raise, or to discharge after they shall be raised, the whole or any part of the said three additional regiments of infantry, or the squadron of - light dragoons, in case events shall, in his judgment, render his so doing consistent with the public safety. “Sect. 14. And whereas, in case the forbearing to raise the whole, or some part of the said three additional regiments should be deemed not consistent with the public safety, it will still be desi. rable that all unnecessary expense should, as far as possible, be avoided; and to that end, that the officers for the same should only be appointed from time to time, as occasion may require: Be it enacted—That the President alone be authorized to make all such appointments as may not be required previously to the close of the present session of the Senate, and may become ne- cessary before the next session of Congress. “Sect. 15. And be it further enacted—That the President of the United States be, and he hereby is, authorized to engage, in lieu of the whole, or any part of the three regiments authorized by this act, or, in addition to the same, such number of infantry or cavalry as in his judgment the public service may require: Pro- wided—That the entire number of non-commissioned officers and privates, including such part of the said regiments as may be Wol. I.-64 506 HISTORY OF CONGRESS. CHAP. W. National Defence—Military Establishment. 1792. 2d Congress. 1st Session. Bill as it passed the House, Amended in Senate. 2dreading. Commit- ted. raised and not discharged, shall not exceed six thousand: And provided—That the infantry and cavalry shall not be engaged for a longer term than nine months, nor be allowed, the infantry, more than twenty-five cents per day, nor the cavalry, each per- SOIn engaged finding his own horse, arms, and accoutrements, and at his own risk, seventy-five cents per day, and twenty-five cents per day in lieu of rations and forage: provided he furnish himself therewith:—and the allowance to the non-commissioned officers, whether in the infantry or cavalry, shall not exceed, to those of the infantry, thirty-three cents and one-third of a cent per day, and to those of the cavalry, one dollar and twenty-five cents per day. “Sect. 16. And be it further enacted—That the President alone be, and he hereby is, authorized to appoint, for the infantry and cavalry so to be engaged, the proper commissioned officers, who shall not exceed in number and rank the proportions assigned to the said three regiments and squadron, respectively; and whose pay, and other allowances, shall not exceed those of officers of corresponding rank in the said regiments and squadron. “Sect. 17. And be it further enacted—That the President of the United States be authorized, in case he shall deem the measure expedient, to employ a number not exceeding one thousand, of Indians, belonging to the tribes in alliance with the United States, to act against the hostile Indians; and also to make them such compensations as he shall judge right, not exceeding twenty thousand dollars in the whole.” The question on the second reading of this bill caused a con- siderable discussion in the Senate, and occupied the 6th, 7th, 8th, and 9th of February, when a motion to postpone the second reading was decided in the negative. It was then moved to ex- punge the second section; and the question being put, this mo- tion was decided in the affirmative, by the following vote:- Yeas—Messrs. Bradley, Butler, Few, Foster, Gunn, Hawkins, Lee, Monroe, Robinson, Sherman, Stanton, Strong, Wingate. —13. Mays-Messrs. Bassett, Cabot, Carroll, Dickinson, Ellsworth, Henry, Izard, Johnston, Langdon, Morris, Read, Rutherford. -—12. The bill was then referred to Messrs. Strong, Gunn, Monroe, Bradley, and Ellsworth, to consider and report generally there- on. Mr. Strong, on the 15th, reported the bill in an amended form. On the following day, it was moved to postpone the re- S. Journal, p. 387. Id. p. 388. Id. p. 392. HISTORY OF CONGRESS. 507. Chap. V. National Defence—Military Establishment. 1792. 2d Congress. 1st Session. Recommit. ted, Motions to amend. port of the committee, so far as to take into consideration the proposed amendment to the 15th section; but the motion was rejected. A motion was then made to postpone the report, and to reconsider the second section of the bill which had been re- jected. After some discussion of this motion, the further consi- deration of the bill was postponed until the next day; and, on the day following, a motion to adopt the second section was agreed to, as follows:— Yeas—Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- worth, Hawkins, Henry, Izard, Johnston, King, Langdon, Mor- ris, Read, Rutherford.—15. JWays—Messrs. Bradley, Butler, Few, Foster, Gunn, Lee, Mon- roe, Robinson, Sherman, Stanton, Strong, Wingate—12. The Senate then resumed the consideration of the report of the committee, and rejected so much of it as proposed to ex- punge the third section of the bill. The bill was then, after further discussion, referred to Messrs. Burr, Hawkins, Read, Ells- worth, and Gunn, with the amendments reported by the com- mittee, together with the motions made thereon. On the 21st, Mr. Hawkins, from this committee, reported amendments, which, on the next day, were agreed to; and the bill was ordered to the third reading. The bill was read the third time, on the 23d of February, when a motion was made to expunge the last section of the bill, as it was amended: to wit:— “Sect. — And be it further enacted—That the President of the United States be authorized, in case he shall deem the measure expedient, to employ such number of the Indians, and for such compensations, as he may think proper: Provided, the said com- pensations do not, in the whole, exceed twenty thousand dol- lars.” The question on this motion was decided in the negative, as follows:— Yeas—Messrs. Bassett, Bradley, Monroe, Robinson, Ruther- ford, Sherman, Strong, Wingate.-8. JVays—Messrs. Burr, Cabot, Carroll, Dickinson, Ellsworth, Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, King, Langdon, Lee, Morris, Read, Stanton.—18. - Mr. Butler was excused from voting on the question. It was then moved to amend this section, so that it should read as follows:— “And be it further enacted—That the President of the United States be authorized to distribute such sums as he may think S. Journal, p. 393, Id. p. 394. 508 HISTORY OF CONGRESS, CHAP. V. National Defence—Military Establishment. 1792. #ºngºs. proper, among the Indians in alliance with the United States, lst Session. - not exceeding twenty thousand dollars in the whole.” Motions to amend And this motion was determined in the negative. It was then moved to reduce the number of each regiment to nine hundred and twelve non-commissioned officers, privates, and musicians, instead of nine hundred and sixty, as reported by the committee; and this motion was decided in the negative, by the following vote:– Yeas—Messrs. Burr, Cabot, Few, Rutherford, Sherman, Stan- ton, Strong, Wingate.—8. JVays—Messrs. Bassett, Bradley, Carroll, Dickinson, Ellsworth, Foster, Gunn, Hawkins, Henry, Izard, Johnston, King, Langdon, Lee, Monroe, Morris, Read, Robinson.—18. Mr. Butler was also excused from voting on this question. It was then moved to expunge the second section of the bill, and substitute as follows:— * Sect. — ºff nd be it further enacted—That the President of S. Journal, the United States be, and he hereby is, authorized to engage such P. * number of expert woodsmen, to serve as infantry or cavalry, as, in his judgment, the public service may require: Provided— That the entire number of non-commissioned officers and pri- vates shall not exceed two thousand: And provided–That the infantry and cavalry shall not be engaged for a longer time than ten months, nor be allowed, the infantry more than twenty-five cents per day, nor the cavalry, each person engaged finding his own horse, arms, and accoutrements, and at his own risk, seven- ty-five cents per day, and twenty-five cents per day, in lieu of - rations and forage, provided he furnish himself there with; and - the allowance to the non-commissioned officers, whether in the - infantry or cavalry, shall not exceed, to those of the infantry thirty-three cents and one-third of a cent per day, and to those of the cavalry one dollar and twenty-five cents per day.” And the question on this motion was decided in the negative, as follows:— Yeas–Messrs. Bradley, Butler, Few, Foster, Gunn, Lee, Monroe, Robinson, Sherman, Stanton, Strong, Wingate.—12. Nays—Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- worth, Hawkins, Henry, Izard, Johnston, King, Langdon, Mor- ris, Read, Rutherford.—15. - - The question on the passage of the bill, as amended, was then decided in the affirmative, by the following vote:– - HISTORY OF CONGRESS. 509 Ch.A.P. V. National Defence—Military Establishment, 1792. #º. Yeas—Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- Bill passed. Amend- ments of the Senate, worth, Gunn, Hawkins, Henry, Izard, Johnston, King, Lang- don, Morris, Read, Rutherford.—16. Nays—Messrs. Bradley, Butler, Few, Foster, Lee, Monroe, Robinson, Sherman, Stanton, Strong, Wingate.—11. The amendments of the Senate are as follow:— “Section 1. Expunge from lines 2 and 3, these words: “ and two regiments of infantry.” Line 3. Strike out “in their num- bers,” and, at the end of the same section, add, and that the two regiments of infantry, now in service, be completed to the number of nine hundred and sixty non-commissioned officers, privates, and musicians, each.” -- “Section 2. Strike out, after the word ‘regiments,’ 2d line, to the word ‘provided,” in the 5th line, and insert each of which, exclusively of the commissioned officers, shall consist of nine hun- dred and sixty non-commissioned officers, privates, and musicians; and that one of the said regiments be organized in the following manner, that is to say: two battalions of infantry, each of which, exclusively of the commissioned officers, shall consist of three hun- dred and twenty non-commissioned officers, privates, and musi- cians; and one squadron of light dragoons, which, exclusively of the commissioned officers, shall consist of three hundred and twenty non-commissioned officers, privates, and musicians; and that it shall be a condition in the enlistment of the said dragoons, to serve as dismounted dragoons, whenever they shall be ordered thereto; that the organization of the said squadron of light dra- goons shall be as follows; namely: one major, one adjutant, one quarter master, one surgeon's mate, and four troops, each of which shall consist of one captain, one lieutenant, one cornet, four ser- geants, four corporals, one farrier, one saddler, one trumpeter, and sixty-nine dragoons; and the President may arm the said troops as he shall think proper; and that the said regiments shall be otherwise organized, as the regiment of infantry described in an act, passed the second session of the first Congress, entitled “An act for regulating the military establishment of the United States: Provided—That the said three regiments shall be dis- charged as soon as the United States shall be at peace with the Indian tribes.” “Strike out the 3d and 4th sections. “Sect. 5, line 2, 3. Strike out of infantry, and the squadron of light dragoons.” “Sect. 6, line 2. Strike out six,” and insert “eight.” 510 HISTORY OF CONGRESS. CHAP. V. National Defence—Military Establishment. 1792. 2d Congress. 1st Session. Amend- ments of Senate, “Sect. 8, lines 3 and 4. After ‘regiments,’ strike out ‘and squa- dron of light dragoons.” Line 6. Strike out before the word bri- gadier the letter ‘s, and to the word “brigadier,’ add the letter ‘s.” Eine 7. After dollars,’ insert “each." Line 8. Strike out “adjutant, sixty dollars; inspector, fifty dollars,' and insert “adju- tant, to do also the duty of an inspector, seventy-five dollars.’ Line 10. After the word “major,’ insert “to act also as deputy inspector.” Line 10. At the end thereof, add ‘principal artificer, forty dollars; second ditto, twenty-six dollars. Line 12, Strike out “sixty," and insert “seventy-five.” Lines 12 and 13. Strike out “majors commandant of dragoons and artillery,’ and insert ‘major commandant of artillery, and major of dragoons.” Line 18. Strike out “eight,’ and insert “seven,” and for “seven,” in- sert “six.” Line 19. For ‘seven,” insert “six,” and for “six,’ insert “five.” Line 19. For ‘four,’ insert “three.’ And Line 20. After the word ‘the, insert the word ‘infantry.” * Sect. 11, line 2. After the word “the,” insert infantry of S. Journal, the said.” Line 2, strike out the words and squadron afore- * said.” º * Sect. 12, line 2. Before the word three,” insert “ said,” and in the same line, strike out the words and squadron aforesaid.” “Sect. 13, lines 3 and 4. Strike out of infantry, or the squad- ron of light dragoons.” ** Strike out the 14th section. “Sect. 15, line 3. Strike out the words or in addition to the same.’ Line 4, strike out the words “infantry or.’ Strike out from the word ‘require,” in the said line, to the end of the sec- tion, and insert as follows, “who shall not be engaged for a long- er term than nine months, nor be allowed, the non-commissioned officers, more than one dollar per day, nor the privates more than seventy-five cents per day, each person finding his horse, arms, and accoutrements, at his own risk, and twenty-five cents per day in lieu of rations and forage, provided he furnish him- self there with.” “Sect. 16, line 2. Strike out the words “infantry and.’ 4th line, strike out the words “and squadron respectively.” Line 5, after the word ‘not,’ insert ‘exclusively of fifty cents per day, for the use and risk of their horses.” Line 6, strike out the words and Squadron.” “Sect. 17, line 2. Strike out, after the word employ,” to the end of the section, and insert such number of the Indians, and for such compensations, as he may think proper; provided the HISTORY OF CONGRESS, 511 CHAP. V. 2d Congress. 1st Session. Correction of an er- TOI’. Resolu- tions of House. National Defence—Military Establishment. said compensations do not, in the whole, exceed twenty thou- sand dollars.” “Number the sections in conformity to the amendments.” The amendments having been sent to the House of Repre- sentatives, they were there taken up for consideration on the 24th, when a mistake therein was suggested, and some debate ensued, which was interrupted by a message from the Senate, informing the House that an error being discovered in the tran- script of the amendments, it was requested that the bill and amendments should be returned to the Senate for the purpose of having the error rectified. It was then determined that the clerk of the House should go with the bill to the Senate, and the mistake having been rectified by the Senate, it was returned to the House by the secretary of the Senate. The amendments were considered by the House on the 25th, when some were concurred in, and others disagreed to. On the 27th, the Senate proceeded to consider the resolutions of the House of Represent- atives; to wit:— “That they agree to the following amendments of the Senate, with amendments; to wit:— “In the amendment to the second section, strike out the last paragraph in the clause proposed to be inserted by the Senate, in these words; to wit:— “And that the said regiments shall be otherwise organized, as the regiment of infantry described in an act passed the second session of the first Congress, entitled ‘An act for regulating the military establishment of the United States.’” “And in lieu thereof, insert, - “Provided always, and be it enacted—That it shall be lawful for the President of the United States, to organize the said five regiments of infantry, and the said corps of horse and artillery, as he shall judge expedient, diminishing the number of corps, or taking from one corps and adding to another, as shall appear to him proper, so that the whole number of officers and men shall not exceed the limits above prescribed. “In the thirteenth amendment to the eighth section, after the words three dollars,’ for the pay of the privates, insert, « . And at the rate of one dollar per month, to be paid accord- ing to the accumulated amount, at the time of discharge, to each soldier respectively; or, in case of death in the service, accord- ing to the amount then accumulated, to be paid to his widow, if any; if not, to his next of kin, in equal degree, which reserved pay shall not be assignable.” 1792. H. Journal, p. 520. S. Journal, p. 397. H. Journal, p. 521. S. Journal, p. 397. Id, p. 398. 512 HISTORY OF CONGRESS. CHAP. V. National Defence—Military Establishment. 2d,Congress. 1st Session. Resolu- tions of House. Senate re- cede in part. House in- sistand ask confer- €nce. “In the third amendment to the sixteenth section, after the word exclusively,” insert “to the officers of the cavalry.” “They disagree to the following amendments; to wit:- & To the amendment to the sixth section. - “To the second and third amendments to the eighth section. “To all the amendments to the fourteenth and fifteenth sec- tions; and “To the first amendment to the sixteenth section. “And agree to all the other amendments of the said bill.” After considering these resolutions, the Senate determined to agree to the amendment to their amendment of the second sec- tion; to disagree to the amendment of their thirteenth amend- ment of the eighth section, and to the amendment of their third amendment of the sixteenth section; and to insist on their amendments to the sixth section, on all their amendments to the fourteenth and fifteenth sections, and on their first amendment to the sixteenth section. The Senate resolved to recede from their second and third amendments to the eighth section of the bill. In the House of Representatives, the consideration of these amendments was resumed on the 28th, when it was resolved by the House to recede from their amendment to the thirteenth amendment proposed by the Senate to the eighth section of the bill, and to agree to the said thirteenth amendment without amendment; also, to recede from their disagreement to the amendment proposed by the Senate to the sixth section. On all their other disagreements to the amendments of the Senate, as well as on their amendment to the third amendment proposed by the Senate to the sixteenth section, to which the Senate had dis- agreed, the House determined to insist. The House also re- H. Journal, p.522. solved to desire a conference with the Senate, on the subject of S. Journal, the disagreeing votes, and appointed Messrs. Sedgwick, Wil- liamson, White, Dayton, and Brown, to be their managers. The Senate, having agreed to the proposition for a conference, ap- pointed Messrs. Ellsworth, Butler, and King, to be managers on the part of the Senate. Pending the consideration of these amendments in the House, on the question that the House insist on their disagreement to the amendment of the Senate, to strike out the fourteenth section of the bill, the ayes and noes being required, the decision was as follows:— ºffyes—Messrs. Ames, Ashe, Baldwin, Barnwell, Boudinot, S. Bourne, B. Bourne, Brown, Clarke, Dayton, Gerry, Gilman, Goodhue, Gregg, Grove, Hillhouse, Huger, Key, Kitchell, p. 399. H. Journal, p,522,523. HISTORY OF CONGRESS, 513 Chap. W. National Defence—Military Establishment. 1792. 2d Congress. 1st Session. Report, and agree- mentofthe two houses. 2d Session. T-- - Proposi- tion to re- duce mili- tary es- tablish- Iſlent. Learned, Macon, Madison, Moore, Muhlenberg, Murray, Niles, Page, Parker, Schoonmaker, Sedgwick, Seney, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Sumpter, Silvester, That- cher, Wadsworth, Ward, White, Williamson.—43. Noes–Messrs. Benson, Fitzsimons, Hartley, Heister, Liver- more, I. Smith, Tredwell, Wayne, Willis.-9. Mr. Steele was subsequently appointed a manager of the pro- posed conference on the part of the House, in the room of Mr. Dayton, who was incapacitated by indisposition. On the 1st of March, Mr. Sedgwick made a report to the House, which was considered, and the House adopted the following resolutions:— “Resolved—That this House doth recede from their disa- greement to the amendment of the Senate for striking out the fourteenth section of the said bill: also, that this House doth re- cede from their disagreement to the amendments of the Senate to the sixteenth section, and doth agree to the said several amend- ments without amendment. “ Resolved—That this House doth agree to an amendment and modification of the fifteenth Section, to read as followeth:— “...And be it further enacted—That the President be, and he hereby is, authorized, from time to time, to call into service, and for such periods as he may deem requisite, such number of cavalry as, in his judgment, may be necessary for the protection of the frontiers: Provided—That the non-commissioned officers shall not be allowed more than one dollar per day, nor the pri- vates more than seventy-five cents per day; each person finding his horse, arms, and accoutrements, and at his own risk, and twenty-five cents per day, in lieu of rations and forage; provided he furnish himself therewith.” Mr. Ellsworth, on the 2d, made a report to the Senate from the managers on the part of the House, and the Senate then adopted the report of the managers, and concurred with the House of Representatives in their resolutions. on the 28th of December, 1792, being the second session of the second Congress, a motion was submitted that the House of Representatives come to the following resolution:- « Resolved. That a committee be appointed to prepare and bring in a bill to reduce the military establishment of the United States to regiments, or corps, consisting each of - non-commissioned officers, privates, and musicians, with such proportion of commissioned officers as the President may think Vol. I.-65 S. Journal, p. 402. H. Journal, p d 657. - 514 - HISTORY OF CONGRESS. CHAP. V. National Defence—Military Establishment, 1792–93. 2d gongress, proper to continue in service; and to repeal so much of an act, 2d Session. - - *— passed the 5th of March, 1792, entitled ‘An act for making fur- H. Journal, ther and more effectual provision for the protection of the fron- p. 661,662. tiers of the United States,’ as may contravene this intention.” This motion was committed to a committee of the whole house, and, on the 2d, 3d, and 5th of January, 1793, that committee had Îd. p. 663. the motion under consideration, and reported their disagreement to the same. On the 8th, the House took up the subject. A mo- Id. p. 664. Motion to tion was then made to amend the motion, by striking out, in the amend second and third lines, the words “each of — non-commis- sioned officers, privates, and musicians,” and inserting, in lieu thereof, the words “of non-commissioned officers, musi- cians, and privates, who are now in service, or may be recruited before the day of next.” The ques- Rejected, tion on this motion was decided in the negative, by the following vote:— Ayes—Messrs. Ashe, Clarke, Gerry, Giles, Gilman, Goodhue, Greenup, Grove, Lee, Leonard, Livermore, Macon, Madison, Mercer, Moore, Niles, Orr, Parker, Jere. Smith, Steele, Sumpter, - Tredwell, Tucker, Wenable, Ward, Williamson.—26. Noes—Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Findley, Fitzsimons, Gregg, Hartley, - Heister, Hillhouse, Huger, Kitchell, Kittera, Lawrance, Mil- ledge, Muhlenberg, Murray, Schoonmaker, Sedgwick, Silvester, J. Smith, Wm. Smith, Sterrett, Sturges, Thatcher, Wadsworth, White, Willis.-32. Motion re. The main question, that the House agree to the said motion, Id. p. 665. jected was then put, and decided in the negative by the following vote: - Ayes—Messrs. Ashe, Clarke, Giles, Gilman, Goodhue, Greenup, Grove, Leonard, Livermore, Macon, Mercer, Niles, Orr, Parker, Jere. Smith, Steele, Sumpter, Tredwell, Venable, Ward.—20. JVoes—Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Findley, Fitzsimons, Gerry, Gregg, Hartley, Hillhouse, Huger, Kitchell, Kittera, Lawrance, Lee, Milledge, Moore, Muhlenberg, Murray, Schoonmaker, Sedgwick, Silvester, J. Smith, Wm. Smith, Sterrett, Sturges, Thatcher, Tucker, Wadsworth, White, Williamson, Willis.-36. The motion was, therefore, decided in the negative. -º- lºnges. THE message of the President of the United States, which was 1789. 1st Session. , - - - - - * introduced in the commencement of this chapter, in the views º - p. 75. History of congress. Ch.A.P. W. National Defence—Treaties with Indians. - 1789. #$!!..." which it contained of the measures necessary for the national de- fence, embraced the negotiation of treaties with the Indians; and one of the resolutions of the committee of the whole house on the state of the Union, to which that message was referred, distinctly recognised the policy of such a measure; and it was ordered that Messrs. Clymer, Ames, and Moore, be a committee to prepare and bring in a bill to carry this purpose into effect. Mr. Clymer, on the 10th of August, 1789, from this committee, presented a Bill as to “bill providing for the expenses which may attend negotiations or H.Journal, i. with treaties with the Indian tribes, and the appointment of commis. P. ". sioners for managing the same;” which was then read the first time, and received the second reading on the next day, when it was also considered in committee of the whole, and reported with amendments, which were agreed to by the House, and the bill was ordered to the third reading. - On the same day, the following motion was submitted to the House:— INDIANS. Motion “Resolved—That in case of refusal of the Creek Indians to Submitted. treat, or, on treaty, to agree to such articles and terms, as to the * commissioners, to be appointed, shall appear necessary and just, the President of the United States shall be, and he is hereby, au- thorized to raise, or cause to be raised, such number of troops, in the pay and establishment of the United States, or to call forth and imbody such proportion of the militia of the states of South Carolina and Georgia, as will secure and protect, by such proper - posts as he may think necessary, the inhabitants of the state of - Georgia from the invasion and further inroads of the Creek In- --- dians: Provided—That the whole number of men so to be raised, on the establishment of the United States, shall not exceed 5. nor be continued for a longer term than : And provided, also —That the whole number of the militia, so to be called forth and imbodied, shall not exceed ; nor shall any one person be obliged to serve more than ; and the said militia, when in actual service, shall be entitled to the pay and emoluments of the troops of the United States.” Motion. This motion was ordered to be committed to a committee of Id, p. 78. *d, the whole, on the state of the Union. On the 12th of August, the bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, . and the appointment of commissioners for managing the same, > was read the third time. It was then moved to fill up the first blank with the sum of forty thousand dollars; which motion was decided in the affirmative by the following vote :- - 516 HISTORY OF CONGRESS. CHAP. W. National Defence—Treaties with Indians. 1789. #gº. Ayes–Messrs. Baldwin, Benson, Brown, Burke, Cadwalader, H. Journal, Motion to Clymer, Coles, Fitzsimons, Gale, Griffin, Hartley, Huntington, P. 78. fii. i. Jackson, Lawrance, Lee, Madison, jr., Mathews, Muhlenberg, agreed to Page, Scott, Smith, of South Carolina, Stone, Silvester, Trum- - bull, Tucker, Wining, Wadsworth, Wynkoop.–28. JVoes—Messrs. Ames, Boudinot, Carroll, Floyd, Gerry, Gilman, Grout, Hathorn, Heister, Leonard, Livermore, Moore, Parker, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sher- man, Smith, of Maryland, Sturges, Sumpter, Thatcher.—23. The bill was then recommitted to a committee of the whole Id. p. 79. house, and was immediately taken up and considered in commit- tee, and an amendment was reported, which was agreed to, and the bill was again ordered to the third reading. On the 13th, Passed by the bill was read the third time, and passed, and was sent to the House. Senate, where, on the same day, it was read the first time, and S. Journal, p. 59. committed received the second reading on the 14th, and was committed to ** Messrs. Few, Ellsworth, King, Lee, and Butler. On the 17th, this committee reported, that it be Report. “Resolved—That there be allowed and paid to a superinten- dent of Indian affairs, in the southern department, that may be nominated by the President, and appointed by and with the ad- vice and consent of the Senate, the sum of per day, in- cluding his expenses for the time he may be employed in attend- ing a treaty, proposed to be held by the commissioners of the United States and the Creek Indians, at the Rock Landing, in the state of Georgia, on the 15th day of September next. “That, in case the proposed treaty should fail in the desired object, of establishing peace between the citizens of the United States and the Creek Indians, Congress will make such grants of money, and pursue such other measures, as will be necessary for the protection and safety of the inhabitants of the southern frontiers, and best secure the peace of the United States.” Disagreed This report was disagreed to by the Senate. It was then Id, p. 80. to, moved that it be “Resolved—That the President of the United States be re- quested to nominate a fit person, for superintendent of Indian aſ- fairs in the southern department, in order that he may be sent forward as soon as may be, to act with the commissioners of In- dian affairs, in the southern department, appointed pursuant to a resolution of Congress, passed on the day of , and aid them in carrying into effect a treaty that is proposed to be held with the Creek nation, on the 15th day of September next, in the state of Georgia, at the Rock Landing. HISTORY OF CONGRESS. 517 CHAP. V. National Defence—Treaties with Indians. - 1789. dollars be delivered to the said su- perintendent, to be appropriated for the immediate purpose of the said treaty, for which sum he shall be accountable. “That the President of the United States be requested to in- struct the said superintendent and commissioners, to hear and fully investigate all the complaints and grievances of the said Creek Indians, and to use all the means in their power to quiet their minds, and to do them ample justice, agreeably to the aforesaid resolution of Congress, and instructions heretofore given for that purpose: That, if the said Indians should prove refrac- tory, or refuse to treat, and establish peace on just and reasona- ble terms, then, and in that case, the said superintendent and commissioners be directed to make immediate report thereof to the President of the United States, and Congress will make such grants of money, and pursue such other measures as will be ne- cessary for the safety and protection of the inhabitants of the southern frontiers, and best secure the peace of the United States.” 1st Congress. “That the sum of 1st Session. Motions to amend. Rejected. The question being taken on this motion, it was decided in the negative. Motions to It was then moved that the Senate adopt the following reso- amend. lution:— “Resolved—That the President of the United States be au- thorized and empowered, and he is hereby authorized and em- powered, should the Creek Indians decline to make peace with the state of Georgia, to take effectual measures for cover- ing the state of Georgia from the incursions of the Indians, either by ordering some of the troops now at Fort Harmar to march to the frontiers of Georgia, or by embodying such a num- ber of the militia as he shall think sufficient to ensure to the ci- tizens of Georgia protection and the cultivation of their lands in peace and security; and that he be empowered to draw on the treasury for defraying the expenses of the same.” And on motion for the previous question; to wit:—“Shall the main question be now put?” it was decided in the negative. The bill was again taken up for consideration on the 18th, when a motion to strike out “eight dollars” from the clause providing for the compensation to the commissioners, and insert “ five dollars,” in line 8th; another motion to insert, after “eight dollars per day,” the words “at the discretion of the President:” and a third motion, to strike out “eight dollars,” and insert “six dollars,” were all decided in the negative; and 518 HISTORY OF CONGRESS. CHAP. W. National Defence—Treaties with Indians. 1789. #gº. it was ordered, so far to dispense with the rules of the Senate *H that the bill should be read the third time on this day. It was then moved to strike out, in line 3d, “forty,’” and insert “twen- ty,” in order thereby to limit the sum to be expended in nego- tiating a treaty with the Indian tribes to twenty thousand dol- lars. The question being put on this motion, it was determined Amended, in the affirmative by the following vote:— Yeas—Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, S. Journal, Johnson, King, Langdon, Read, Schuyler, Strong, Wingate. P. * —12. Nays—Messrs. Butler, Few, Gunn, Izard, Lee, Maclay, Mor- ris.—7. It was then moved that the Senate adopt the following reso- lution:— “Resolved—That Congress will make provision for the dis- charging of any expenses that may be incurred by such military arrangements as the President of the United States may think proper to make, for the purpose of protecting the citizens of Georgia from the depredations of the Creek Indians, should peace not take place with them, or should they, having agreed to a peace, violate the same.” And on motion for the previous question, it was decided in Passed by the negative. The bill was then passed in its amended form. Senate. The House, on the 19th concurred in the amendment of the H. Journal, Senate. p. 84. 2d Session. It has been already stated that the bill to regulate the military 1790. establishment of the United States, which was passed at the se-T cond session of the first Congress, was reported by a committee to whom was referred a message from the President of the United States, of the 12th of January, 1790, and that none of the pro- ceedings on that bill appear upon the public Journals of the House of Representatives. Another bill emanated from the same S. Journal, committee, and was carried through the House of Representa- P. 125. tives with the same secrecy; and, on the 29th of March, the fol- lowing message was sent to the Senate from the House:— “Mr. President—The House of Representatives have passed another bill upon the subject of the confidential communications made by the President of the United States, in which they re- quest the concurrence of the Senate.” Bill for The Senate then proceeded to the first reading of the bill, en- lººd, titled “An act providing for holding a treaty or treaties, to esta- Indians, HISTORY OF-CONGRESS. 519 | CHAP: V. National Defence—Treaties with Indians. 1790. 1st gongress, blish peace with certain Indian tribes.” This bill was not taken up S. Journal, 2d Session. Bill passed. Bill to re- gulate trade and inter- Coul'SC, Amenda- tory bill. Motion to amend. Negatived, for the second reading until the 9th of July, when it was committed P. ** to Messrs. Schuyler, Gunn, and Langdon, and was reported on the 16th, with amendments, when it was ordered to the third Id. p. 181. reading. On the following day, the bill was read the third Id. p. 182. time, and passed in its amended form. The amendment of the H. Journal, Senate received the concurrence of the House on the same day. P. 272. On the 30th of March, Mr. Wadsworth, from the same com- Id. p. 185. mittee, presented to the House of Representatives a bill to regu- late trade and intercourse with the Indian tribes, which was then read the first time, and received the second reading, and was com- mitted to a committee of the whole house, on the following day. The bill was taken up in committee on the 10th of April, and also on the 28th, on which day the committee was discharged from further proceeding on the bill, and it was recommitted to Messrs. Wadsworth, Brown, Boudinot, Burke, Baldwin, Liver- more, Ames, Lawrance, Scott, Smith, of Maryland, Sumpter, and Steele. Mr. Wadsworth, on the 14th of May, presented, from this committee, an amendatory bill, which was then read the first time, and received the second reading, and was com- mitted to a committee of the whole house, on the following Mon- day. On the 22d of June, this bill was considered in commit- tee of the whole, and several amendments were reported, which were agreed to by the House. It was then moved to amend the bill by striking out the fourth section, in the words follow- Ing:– “And be it further enacted—That a sum, not exceeding thousand dollars, be appropriated out of the moneys arising from duties on imposts and tonnage, subject to the orders of the Pre- sident of the United States, to be laid out in goods and articles of trade, suitable for supplying the wants and necessities of the In- dians, and to be vended and retailed to them through the agency of the said superintendents, and persons to be licensed by them for that purpose, in such manner, and conformably to such regu- lations, as the President of the United States shall establish.” The question being put on this motion, it was decided in the negative, by the following vote:- - - Ayes–Messrs. Ashe, Bloodworth, Coles, Floyd, Foster, Gerry, Goodhue, Hathorn, Heister, Huger, Huntington, Jackson, Leo- nard, Livermore, Parker, Wan Rensselaer, Schureman, Sedgwick, Seney, Sevier, Sherman, Silvester, Stone, Sturges, Sumpter, Tucker.—26. - º Id. p. 192. 204. Id. p. 216. Id. p. 217. Id. p. 248, 249, 520 . HISTORY OF CONGRESS. - - CHAP. V. National Defence—Treaties with Indians. 1790. §§º. JVoes—Messrs. Ames, Baldwin, Benson, Boudinot, Brown, Cad- - walader, Contee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Scott, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Trumbull, Wadsworth, White.—27. Passed by The bill was then ordered to the third reading; and on the House. following day, it was read the third time and passed. On the same day, the bill received the first reading in the Senate, and was read the second time on the 2d of July, when it was com- mitted to Messrs. Hawkins, Few, and Schuyler. Mr. Hawkins, Amended on the 8th, reported amendments, and the bill was amended ac- *** cordingly, and ordered to the third reading. And on the 9th, the bill, as amended, was passed, and sent to the House for con- currence in the amendments; and the House concurred in the amendments on the following day. On the 12th, however, as appears by the Journal of the House of Representatives, it was discovered that a mistake had been made in the message from the Senate, whereby an amend- Disagree- ment proposed on the part of the Senate for striking out the *** fourth section of the bill, had been omitted. The fourth section is as follows:— “Sect. 4. And be it further enacted—That a sum, not exceeding ten thousand dollars, be appropriated, out of the moneys arising from duties on imposts and tonnage, subject to the orders of the President of the United States, to be laid out in goods and arti- cles of trade, suitable for supplying the wants and necessities of the Indians, and to be vended and retailed to them through the agency of the said superintendents, and persons to be licensed by them for that purpose, in such manner, and conformably to such regulations as the President of the United States shall establish.” House re The House then proceeded to consider this amendment, and cede. disagreed to it. The Senate, on the same day, adopted a resolu- S. Journal, p. 165. 174 —176, H. Journal, - p.267, 268, S. Journal, tion to insist on their amendment. On the 13th, the House of P. 177. Representatives also determined to insist on their disagreement, and desired a conference with the Senate on the subject, ap- pointing Messrs. Madison, Scott, and Moore, to be managers at the conference, on their part. The Senate, on the next day, agreed to the conference, and appointed Messrs. Schuyler, Ells- worth, and Strong, to be their managers. Mr. Madison made a report from the managers to the House of Representatives, on the 19th, and the House then resolved to recede from their disa- greement to the amendment of the Senate. H. Journal, p.269. S. Journal, p. 179. H. Journal, p. 273. - HISTORY OF CONGRESS. 521 CHAP. W. National Defence—Indians. 1790–91. º At the commencement of the third session of this Congress, the H. Journal, *— President of the United States, in his opening speech, informed Pºº. º the two houses of the necessity which had been imposed on him gainst In- by the incursions of the Indians, of authorizing an expedition for ** the purpose of repelling them. And on the 9th of December, frontiers, the speaker laid before the House of Representatives a letter from the secretary of war, accompanica with a statement of the information on which the expedition against the Indians north- west of the Ohio had been founded; and also the instructions to Id, p. 336. the governor of the western territory, and the commanding offi- cer of the troops, relative to the same object; together with an estimate of the expense with which the expedition will probably be attended; all which papers were laid on the table. On the 14th, the following message, in reference to this subject, was transmitted by the President of the United States to the two houses of Congress:– “ United States, December 14, 1790. “Gentlemen of the Senate, and House of Representatives:– Message of “Having informed Congress of the expedition which had been S. Journal, President, directed against certain Indians north-west of the Ohio, I em- P. 222. brace the earliest opportunity of laying before you the official communications which have been received upon that subject. “ G. WASHINGTON.” Resolu- On the following day, the House, in committee of the whole on H. Journal, #. º the state of the Union, adopted the following resolution:— p. 338. "...of “Resolved—That it is the opinion of this committee that im- north-west- - -- - emexpedi mediate provision ought to be made for defraying the expenses tion, incurred in the expedition against the Indians, north-west of the Ohio.” And this resolution was referred, by the House, to the secreta- ry of the treasury, with instruction to report an appropriation pursuant thereto. - - On the 24th and 27th of January, 1791, the following messages, from the President of the United States, were communicated to the two houses:– “ Gentlemen of the Senate, and House of Representatives:– Messages “I lay before you a statement relative to the frontiers of the s. Journal, . º: United States, which has been submitted to me by the secretary P.23% Indian de for the department of war. - Pºdations. “I rely upon your wisdom to make such arrangements as may Wol. I.-66 522 HISTORY OF CONGRESS. CHAP. V. National Defence—Indians. -- 1791, ºgº be essential for the preservation of good order, and the effectual protection of the frontiers. * ** G. WASHINGTON. in t. 1'eS1 “ United States, January 24, 1791.” * Gentlemen of the Senate and House of Representatives:– “In order that you may be fully informed of the situation of s. Joumi, the frontiers, and the prospects of hostility in that quarter, I lay P. 386. before you the intelligence of some recent depredations, received H. Journal, since my message to you upon this subject, of the 24th instant. P. " “G. WASHINGTON. “ United States, January 27, 1791.” committed In the House of Representatives, the papers referred to in this in House, last message were committed to Messrs. Ames, Wadsworth, Fitz- simons, Wining, Brown, Williamson, and Jackson. –-º- 2d congress. No report or further proceeding on the subject appears in the S. Journal, * Journal of this session. But, on opening the first session of the P. sº President's second Congress, the President of the United States, more in de- :*::... tail, and more emphatically, called the attention of Congress to H. Journal, towards in the state of the Indian frontiers, and the policy of adopting some * 436. dians. measures of conciliation, and introducing a system of intercourse - “ calculated to advance the happiness of the Indians, and to at- tach them firmly to the United States.” On the 27th of October, also, the following message was transmitted by the President of the United States, to the two houses of Congress:– “Gentlemen of the Senate, and of the House of Representatives:– Recall of “I have directed the secretary of war to lay before you, for S. Journal, expedition your information, the reports of BrigadierGeneral Scott and Lieu-Pº" §. tenant Colonel Commandant Wilkinson, the officers who com- H. Journal, Indians, manded the two expeditions against the Wabash Indians, in the P. “ months of June and August last; together with the instructions, by virtue of which the said expeditions were undertaken. “G. WASHINGTON. “ United States, 27th October, 1791.” -- The suggestions of the President, in his opening speech, were, on the 31st of October, referred to Messrs. White, Lawrance, and Id, p * Steele, with instructions from the House of Representatives to Bill to re. prepare and bring in a bill, or bills, pursuant thereto; and, on the flºº is a 23d of November, Mr. White, from this committee, presented a twice. bill to regulate trade and intercourse with the Indian tribes, HISTORY OF CONGRESS, 523 Chap. W. National Defence—Indians. 1791–92. 2d Congress. 1st Session. Memorial of Indian : commis- sioners. Bill to re- imburse commis- sioners. 2d Session. ^- Bill to re- imburse Commis- Sioners. Commit- ted. Report, Motions to concur re- Jected, which was read the first and second time, and committed to a H. Journal, committee of the whole house. But this bill was not subsequent- * ly acted on. On the 2d of January, 1792, a memorial of Benjamin Lincoln, Id. p. 484. in behalf of himself, Cyrus Griffin, and David Humphreys, late commissioners on the part of the United States, for treating of peace with the several tribes of Indians south of the river Ohio, praying the settlement of an account for authorized expenses, in- curred by the said commissioners, on the said mission, was present- ed to the House of Representatives, and referred to the secretary of war. The secretary, on the 4th, made a report to the House H. Journal, on the subject of this memorial, and the memorial and report P. 487. were then referred to Messrs. Ames, Boudinot, and Steele, to con- sider and report on the subject. Mr. Ames made a report on the Id. p. 488, 5th, which was taken up for consideration, and discussed on the 489. following day, and again on the 13th, when a committee was ap- Id, p. 492. pointed, consisting of Messrs. Tucker, Giles, and Smith, of New Hampshire, to prepare and bring in a bill, or bills, granting to the said commissioners dollars, on account of their extra expenses, going to, and returning from, the treaty. On the 17th, Mr. Tucker, from this committee, presented a bill to reimburse certain extra expenses of the late commissioners for treating of peace with the Creek Indians; which was read the first time, and received the second reading, and was committed in the ordinary id. p. 493. course on the next day. This bill was not further acted on. During the second session of this Congress, on the 22d of No- Id. p. 625. vember, the House of Representatives again appointed a com- mittee, consisting of Messrs. Ames, Tucker, and Jeremiah Smith, to prepare and bring in a bill, or bills, to reimburse certain extra expenses of the late commissioners for treating of peace with the Creek Indians. Mr. Ames presented a bill on the 25th of No. 1d. p. 625. vember, which was then read the first time, and received the se- cond reading, and was committed to a committee of the whole house on the next day. This bill was considered in committee on the 28th, when an amendment was reported, which was taken Id, p. 629. up for consideration on the 4th of December. The amendment of the committee was, to fill up the blank with “twelve hun- dred dollars;” and the question being on concurring with the committee in this amendment, it was decided in the negative, by the following vote:– ºffyes–Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, Id p. 632, S. Bourne, Findley, Fitzsimons, Gilman, Goodhue, Heister, 633. 524 HISTORY OF CONGRESS. CHAP. V. National Defence—Indians. 1792. 2d Congress. 2d Session. Bill reject- ed. President’s message. Communi- cation from wardepart- ment. Huger, Learned, Milledge, Muhlenberg, Murray, Page, Sedg- wick, Wm. Smith, Sturges, Thatcher, Tucker, Wadsworth, Ward.—24. Noes—Messrs. Ashe, B. Bourne, Clarke, Dayton, Giles, Gor- don, Greenup, Grove, Hillhouse, Jacobs, Kitchell, Lee, Liver- more, Moore, Niles, Orr, Schoonmaker, Silvester, I. Smith, Steele, Sumpter, Venable, White, Williamson, Willis.-25. It was then moved, and agreed to, to fill the blank with the words “nine hundred dollars,” and the bill, as amended, was . ordered to the third reading. On the 5th, the bill was read the third time; and the question on the passage of the bill was then determined in the negative, by the following vote:– Jāyes–Messrs. Ames, Baldwin, Barnwell, Benson, Boudinot, S. Bourne, Fitzsimons, Lawrance, Livermore, Milledge, Muh- lenberg, Page, Sedgwick, Wm. Smith, Sturges, Thatcher, Tuck- er, Wadsworth, Ward, Willis.-20. -- Noes–Messrs. Ashe, B. Bourne, Clarke, Dayton, Gordon, Jacobs, Key, Kitchell, Leonard, Mercer, Moore, Niles, Orr, Parker, Silvester, I. Smith, Steele, Tredwell, Venable, White, Williamson.—21. The bill, therefore, was rejected. In his annual speech to the two houses, the President of the United States, at the commencement of the second session of this Congress, adverted again, at some length, to the posture of af- fairs with the Indians. On the 8th of November, 1792, the speaker laid before the House of Representatives a letter from the secretary of war, communicating information that, on the 27th of September last, Brigadier General Putnam concluded a treaty of peace, in be- Committee to prepare bill. half of the United States, with the Wabash and Illinois Indians, consisting of the several tribes of Eel river, Ouittananous, Potta- watomies, of the Illinois river, Musquetous, Kickapoos, of the Wabash, Piankishaws, Kaskaskias, and Peorians, which was laid on the table. On the 14th, it was ordered by the House that Messrs. White, Clarke, and Williamson, prepare and bring in a bill, or bills, to regulate trade and intercourse with the Indian tribes. On the 19th, a memorial and address of the Quakers, from their seve- ral religious societies in New Jersey, Pennsylvania, Delaware, Maryland, and Virginia, was presented to the House, praying that Congress would adopt such measures as, in their wisdom, may be deemed salutary and effectual for securing peace and H. Journal, p. 633,634. S. Journal, 453. H. Journal, p. 611. Id. p. 615. Id, p. 619. Id. p. 621. HISTORY OF CONGRESS, 525 - CHAP. V. National Defence—Indians. 1792–93. 2d Congress. 2d Session. Bill to re- gulate trade and inter- COui'Sea Passed by House. Informa- tion show- ing state of Indian af. fairs at this time. friendship with the original holders of this land. The memo- rial was laid on the table. On the 29th of November, Mr. White, from the committee H. Journal, appointed by the House, presented a bill to regulate trade and in P. 629. tercourse with the Indian tribes, which was then read the first and second time, and committed to a committee of the whole house. The bill was taken up for consideration in committee, Id, p. 651, on the 19th of December, and several amendments were report- 652. ed to the House, which were discussed and deliberated upon, on the 20th and 21st, when some being agreed to and others reject- ed, the bill was recommitted to Messrs. White, Clarke, Wil- liamson, Baldwin, and Murray; and, on the 27th, Mr. White re- Id, p.656, ported an amendatory bill, which was read the first and second time, and committed to a committee of the whole house. This bill was considered in committee on the 14th of January, 1793, and was agreed to in its amended form; and on the 17th and 18th, Id. p. 671, the blanks were filled up, and it was engrossed, read the third ** time, and passed. While this bill was pending in the House of Representatives, communications were received by the two houses which exhibit the unsettled character of the relations between the United States and the Indians at that period. On the 6th of December, the following message was transmitted to Congress by the President of the United States:— “ Gentlemen of the Senate, and of the House of Represent- ałives:— - “The several measures which have been pursued to induce the S. Journal, hostile Indian tribes north of the Ohio, to enter into a conference P. 461. or treaty with the United States, at which all causes of difference might be fully understood, and justly and amicably arranged, have already been submitted to both houses of Congress. “The paper herewith sent will inform you of the result. - * G. WASHINGTON. “ United States, December 6, 1792.” On the following day, the following message from the Presi- dent of the United States, was received by the two houses. & Gentlemen of the Senate, and of the House of Represent- atives:— - “I lay before you two letters, with their enclosures, from the Id, p. 462. governor of the South-western Territory, and an extract of a letter to him from the department of war. 526 HISTORY OF CONGRESS. - CHAP. V. National Defence—Indians. 1792, §gº. “These, and a letter of the 9th of October last, which has been already communicated to you, from the same department to the governor, will show in what manner the first section of the act of the last session, which provides for calling out the militia for the repelling of Indian invasions, has been executed. It remains to be considered by Congress, whether, in the present situation of the United States, it be advisable, or not, to pursue any fur- ther or other measures, than those which have been already adopted. The nature of the subject does, of itself, call for your immediate attention to it; and I must add, that, upon the result of your deliberations the future conduct of the executive will, on this occasion, materially depend. “G. WASHINGTON. “ United States, December 7th, 1792.” [The proceedings on this message will be found in a preceding s. Journal, part of this volume.] p. 465. On the 19th of December, a letter from the secretary of war H. Journal, was communicated, enclosing an extract of a letter from Briga- P. " dier General Wilkinson; also, a copy of a letter from James Lea- . º grove, Gen. Adair, and others, on the subject of Indian affairs; which were ordered to lie on the table. And, on the 24th of December, a letter from the secretary of H. Journal, war was communicated to the two houses, enclosing a letter from P. 653. the governor of Georgia, together with a deposition respecting some recent and cruel murders of a number of the citizens of that state, by the Cherokee Indians. The bill to regulate trade and intercourse with the Indian s, Journal, tribes, was read the first time in the Senate, on the 18th, and, P479* on the following day, it received the second reading, and was committed to Messrs. Ellsworth, Burr, Monroe, Bradley, and Billamend. Strong. On the 19th of February, Mr. Ellsworth, from this Id. p. 489. .." * committee, reported amendments to the bill; and these amend- 49%. ments were considered on the 22d, when they were, in part, adopted, and, on the 25th, the subject was resumed; and the re- id. p. 493. port of the committee, after being amended, was agreed to, and the bill was amended accordingly, and ordered to the third read- ing. On the 26th, the bill was read the third time. It was then moved to amend the bill, by striking out the word “proper” in the following clause of the first section; namely: “ which super- Id, p. 495. intendent, a person so authorized, shall, on application, issue such license, for a term not exceeding two years, to any proper person, who shall enter into bond, with one or more sureties, HISTORY OF CONGRESS, 527 CHAP. V. National Defence—Indians. 1793. §§. approved of by the superintendent or person issuing such license, or by the President of the United States, in the penal sum of one Motion to thousand dollars;” and the question being put on this motion, it amend re- - - - - - jected. was decided in the negative, by the following vote:– Yeas—Messrs. Burr, Cabot, Edwards, Few, Gunn, Hawkins, Johnston, Monroe, Morris, Strong, Taylor.—11. Nays—Messrs. Bassett, Brown, Butler, Dickinson, Ells- worth, Foster, Henry, Izard, King, Langdon, Read, Robinson, Rutherford, Sherman, Stanton, Wingate.—16. -- It was, on motion, agreed to substitute the following for the 7th section, which was stricken out:- Amended “..And be it further enacted—That no agent, superintendent, ** or other person, authorized to grant a license to trade or purchase horses, shall have any interest or concern in any trade with the In- dians, or in the purchase or sale of any horses to or from any In- dian,and that any person offending herein shall forfeit one thousand dollars, and be imprisoned, at the discretion of the court before which the conviction shall be had, not exceeding twelve months.” The bill was then passed, and the amendments were sent to House con- the House of Representatives for their concurrence. The House, H. Journal, Cur. on the following day, concurred in the amendments. p. 720. On the 19th of February, the following message was transmit- ted by the President of the United States, to the House of Re- presentatives:— “ United States, February 19th, 1793. “ Gentlemen of the House of Representatives:– Message as “It has been agreed, on the part of the United States, that a º: treaty or conference shall be held at the ensuing session, with O - - - - holding a the hostile Indians north-west of the Ohio, in order to remove, ºn. iſ possible, all causes of difference, and to establish a solid peace dians with them. º “As the estimates heretofore presented to the House for the Id, p. 708. Ohio, current year, did not contemplate this object, it will be proper that an express provision be made, by law, as well for the gene- ral expenses of the treaty, as to establish the compensation to be allowed the commissioners, who shall be appointed for the pur- pose. “I shall therefore direct the secretary of war to lay before you an estimate of the expenses which may probably attend the measure. “G, WASHINGTON.” - 528 - HISTORY OF CONGRESS. CHAP. V. National Defence—Spanish Interference in Creek Treaty. 1793. ; g.º.º. This message was accompanied with a letter from the secreta- − ry of war, and the papers were all referred to Messrs. Boudinot, - White, and Wadsworth, with instruction to report thereon by way of bill, or bills. On the 21st, Mr. Boudinot, from this com- H. Journal, mittee, reported a bill making an appropriation to defray the ex-" 710. pense of a treaty with the Indians north-west of the river Ohio, which was read the first and second time, and committed to a committee of the whole. The bill was considered on the 25th, Id.p.717, in committee, when an amendment was reported, which was 718. agreed to on the following day, and the bill was ordered to the | Bill passed third reading. The blanks having been filled on the 27th, the bill Id, p.719. ** was read the third time and passed, and was sent to the Senate; s, journal, Passed by where, on the same day, it was read the first time, and, on the p.496,498, * following day, was read the second and third time, and passed. secret pro- The proceedings during this session, in the House of Repre- ceedings sentatives, regarding the Indians, and which, while depending, were ordered to be kept secret, are contained in the following Summary: - On the 7th of November, 1792, the following message was 1792. transmitted by the President of the United States, to the two houses:– - - “ United States, November 7th, 1792. “Gentlemen of the Senate and of the House of Representatives:– Message as “I lay before you copies of certain papers relative to the Spa- H.Journal, to Spanish nish interference in the execution of the treaty entered into in P. 7”. * the year one thousand seven hundred and ninety, between the United States and the Creek nation of Indians, together with a letter from the secretary of state to the President of the United States, on the same subject. * G. WASHINGTON.” The speaker laid before the House a letter from the secreta- ry of war, accompanying the following papers; to wit:— papers laid “Ist. A statement of the measures taken, and the overtures Id, p. 738. *. the made, to procure a peace with the Indians north-west of the Ouse Te- garding in Ohio. dians. “2d. Information received relatively to the pacific overtures and the disposition of the Indians north-west of the Ohio. “3d. A statement of the measures which have been taken to conciliate and quiet the Southern Indians. - “4th. Information received relatively to the disposition of the southern Indians, and the causes of the hostilities of part of the Cherokees and Creeks. - HISTORY OF CONGRESS. 5 - 529 CHAP. V. National Defence—Navy. - 1792–93. §§.” “5th. A statement of the troops in the service of the United States.” The reading of these papers appears to have occupied the House on the 8th, 9th, 10th, 12th, 15th, and 16th, but there is no further record of the proceedings thereon in secret session. On the 25th of February, 1793, in conformity to a notice S. Journal, which he had given on the 23d, Mr. Edwards obtained leave to P. 492.494. introduce a bill into the Senate “to authorize the President of Postsinthe the United States to establish two or more small posts in the ** wilderness, on the road leading from Kentucky and the other western settlements, to the eastern settlements of the United States.” On the following day, this bill was read the second Id. p. 495, time, and referred to Messrs. Edwards, Strong, and King. Mr. P. 496. Edwards made a report on the 27th, when the bill was rejected. -º- is congress. A MEMORIAL of the officers of the late navy of the United 1790. *** - States was presented to the House of Representatives and the s. Journal, The Navy. Senate, on the 20th of March, 1790, praying to be allowed the P 124. Memorial half pay and other emoluments granted to the officers of the H. Journal, *officers army. This memorial was, on the 29th, referred to a commit- P. 182, Commit tee of the house, consisting of Messrs. Baldwin, Hartley, Law- ted. rance, Trumbull, Stone, Ashe, and Burke, with instruction to ex- amine the matter of the memorial, and report their opinion to the House. On the 13th of May, Mr. Baldwin, from this com. Id. p. 134, mittee, made a report, which, on the 24th of June, was taken id. p. 216. up for consideration, and committed to a committee of the whole 250. consider house. The committee immediately deliberated on the subject, ed. and, after discussion, reported their opinion that the House should disagree to the report of the select committee; and the House then adopted the following resolution:- “Resolved—That this House do concur with the committee of the whole house in their disagreement to the said report, and Rejected, that the said memorial of the officers of the late navy of the United States be rejected.” 31 session. In the third session of this Congress, on the 12th of January, 1791. Memorial 1791, there was presented to the House of Representatives a H. Journal, ; º memorial of sundry officers in the late navy of the state of P. 353. sylvaniana Pennsylvania, praying compensation for services rendered during "Am of the late war, And this memorial, and also a petition of Joshua 'ºhua Barney, praying to be allowed certain expenses; and also the WoL. I.-67 530 HISTORY OF CONGRESS. CHAP. V. National Defence—Navy—Pensions. - 1791. 1st congress, commutation of half pay, for services as captain in the navy of 3d Session. the United States, during the late war, were referred to Messrs. Fitzsimons, Smith, of Maryland, Trumbull, Goodhue, and Cad- walader, for examination and report. Mr. Fitzsimons, on the 14th, made a report from this committee, which was agreed to by the House, in the following terms:– Unfavoura. “That it will not be advisable to grant the prayer of the pe- H.Journal, * *P* titioners, and, therefore, that they have leave to withdraw their P. 354. agreed to. petition.” Report on Mr. Fitzsimons, on the 19th of January, made a separate re-Id. p. 358. *...* port on the petition of Joshua Barney, which was taken up for petition. - - consideration on the 15th of February, when the House adopted Id. p. 379. the following order:- * Committee “Ordered—That a committee be appointed to prepare and *P* bring in a bill, or bills, to authorize the payment of dollars to Captain Barney, for expenses incurred in obtaining his release from captivity, and in returning to the United States; and that Mr. Fitzsimons, Mr. Smith, of Maryland, Mr. Trumbull, Mr. Goodhue, and Mr. Cadwalader, be of the said committee.” Bill reject. Mr. Fitzsimons, on the next day, presented a bill to compen-Id. p.380. ed. . sate Joshua Barney, which was then read the first and second time, and committed to a committee of the whole house. The bill was taken up in committee on the 21st, and an amendment Id. p. 385. was reported. The question being then put, that the amend- ment be engrossed, and the bill read the third time, it was de- termined in the negative. The bill was therefore rejected. -º- - 1st congress. ON the 4th of September, 1789, a petition of certain non- 1789. º ++ commissioned officers and soldiers, invalid pensioners of the H. Journal, PENsions, state of Pennsylvania, was presented to the House of Represen-P. 96. Act pro- tatives, praying relief, in consideration of the payment of their viding for pensions being stopped by an act of the legislature of that state. rººf This petition, together with the petitions of sundry other inva- Pºsioners, lid pensioners, presented during the present session, were re- ferred to Messrs. Heister, Wadsworth, and Gilman, with in- struction to examine and report. Mr. Heister presented, on the 18th, from this committee, a bill making provision for the invalid Id P. 113. pensioners of the United States, which was then read the first - time; and on the following day, it received the second reading, Id P. 114. and was committed to a committee of the whole house. The Id, p.1% bill was considered in committee on the 24th, when no amend- 123. * HISTORY OF CONGRESS. 531 Chap. W. National Defence—Pensions. 1789. 1st congress, ment was reported, and the bill was recommitted to Messrs. H. Journal, 1st Session. Wadsworth, Heister, and Gilman; and, on the following day, P: * it was reported by Mr. Heister, with an amendment, and the Passed, bill was read the third time, and passed. On the 26th, the S. Journal, bill was read the first time in the Senate, and was committed P. * to Messrs. Read, Butler, King, Ellsworth, and Morris. Mr. Id. p. 91. Read, on the 28th, reported the bill with a recommendation to concur in its provisions, when the bill was read the second and third time, and passed. 2d Session. At the second session, on the 1st of February, 1790, it was or- 1790. Actfurther dered by the House of Representatives that Messrs. Heister, Par- H. Journal, #. tridge, and Hathorn, be a committee to prepare and bring in a P. 139. ment of in- bill, or bills, to provide for the invalid pensioners of the United - *...* States. And, on the 29th of June, Mr. Heister presented, pur- Id., p. 253, suant to the order of the House, a bill which was then read the 254. first time, and received the second and third readings, and was passed, on the two next succeeding days. The bill was read the first time in the Senate on the 2d of July, received the second S. Journal, reading on the 6th, and was read the third time on the 7th, and p.174, 175. Passed. passed with an amendment, which was sent to the House, where º the amendment was concurred in. On the 29th of April, the House of Representatives appointed Id. p. 205. Messrs. Burke, Contee, and Coles, to prepare and bring in a bill, or bills, to authorize the issuing certificates to certain description Id.p.20.6— of invalid officers. Mr. Burke reported a bill on the following 398. day, which was then read the first time; and, on the 3d and 4th of May, was read the second and third time, and passed. In the Senate, the bill was read the first time on the 4th of May; and, on the next day, received the second reading, and was com- mitted to Messrs. Schuyler, Hawkins, and Ellsworth. A re- port was made by Mr. Schuyler, from this committee, on the s. Journal, 7th of July, when, after the third reading of the bill, the Senate P.137,188. refused to concur therein, so that the bill was rejected. Id. p. 175. -- 3d Session. On the 10th of January, 1791, soon after the commencement 1791. Bill to pre- of the third session of this Congress, the House of Representa- H. Jouma, .."º: tives appointed a committee, consisting of Messrs. Williamson, p. 351. * pen- Bourne, and Griffin, to prepare and bring in a bill, or bills, to - prevent invalids, who are pensioners of the United States, from selling or transferring their respective pensions before the same shall become due; and, on the 21st, Mr. Williamson presented, d. p.359. from this committee, a bill conforming to this order, which then received the first and second reading, and was committed to a 532 HISTORY OF CONGRESS. CHAP. W. National Defence—Pensions. 1791. º committee of the whole house. This bill was not further act- ºssi - Not acted ed on. On. It was ordered by the House of Representatives, on the 26th H. Journal, º of January, that a committee be appointed, consisting of Messrs. p. 364. compensa. Smith, of South Carolina, Stone, and Trumbull, to prepare and º bring in a bill for making compensation to widows, orphans, orphans, and invalids, in certain cases. And, on the 28th of February, Id, p. 396. *...* Mr. Smith, from this committee, reported a bill for making com- 398. pensation to the widows and orphan children of certain officers who were killed, or who died while in the service of the United States, during the late war, and for the relief of certain invalids, and other persons therein mentioned, which was then read the first time; and, on the next day, received the second reading, and was committed to a committee of the whole house. The House immediately went into committee on the bill, and no amendments being reported, the bill was then ordered to the Passed by third reading. And, on the 2d of March, the bill was read the Id. p.399. House third time, and passed. In the Senate, the bill was immediately S. Journal, read the first and second time, and was then committed to p.296,297. Messrs. Wingate, Strong, and Carroll. On the 3d, Mr. Win- Id. p. 309. gate made a report from this committee, and it was then resolved Postponed that the further consideration of this bill be postponed until the by Senate, next session of Congress. - - —º- 2d Congress. AT the commencement of the first session of the second Con- H. Journal, 1st Session. gress, on the 31st of October, 1791, a committee was again ap- P. 444. Bill for pointed by the House of Representatives, consisting of Messrs. Id. p. 446, *i. Wadsworth, Smith, of South Carolina, and Silvester, to prepare tion to and bring in a bill, or bills, for making compensation to widows, widows, - - - - --- - ãº, orphans, and invalids, in certain cases. The petition of Nicho- #. inva-ºlas Ferdinand Westfall was referred to this committee. Mr. Wadsworth, on the 25th, presented a bill for making compensa- tion to widows, orphans, and invalids, in certain cases, which was then read the first and second time, and was committed to a com- mittee of the whole house. The bill was considered in commit- tee on the 28th and 29th, when several amendments were report- Id, p. 46% ed, which were taken up for consideration by the House on Id, p.4% the 30th, when some of the amendments were adopted, and 465. others were disagreed to. The bill was then further amended, and was ordered to the third reading. On the 1st of December, Id. p. 466, the bill was read the third time, passed, and sent to the Senate; #".Irnal, where it was, on the same day, read the first time, and received p. 37. HISTORY OF CONGRESS. 533 CHAP. W. 2d Congress. 1st Session. Proceed- ings on the bill in the Senate. Amended. National Defence—Pensions. 1791-92. the second reading on the 5th, when the bill was committed to s. Journal, Messrs. Wingate, Morris, and Gunn. Mr. Wingate, on the p.349.356. 14th, from this committee, reported amendments to the bill. On the same day, it was ordered by the Senate, that Messrs. Burr, Butler, and Strong, be a committee to revise the acts and resolves relative to the compensations to disabled officers and soldiers, and to the widows and orphans of deceased officers, and to report what alterations and further general regulations it will be proper to make therein. The petition of Elijah Jones, of New York, late a lieutenant colonel in Colonel Sheldon’s re- giment of cavalry, was referred to this committee, as was that of Jonathan Woolley, late of Colonel Scammel’s regiment. Mr. Burr made a report from this committee on the 10th of Janu- Id. p. 358, ary, 1792, which was ordered to lie for consideration; and the report of the other committee, to whom had been referred the bill for the relief of certain widows, orphans, invalids, and other Id. p. 364, persons, being then taken up, that bill was committed to Messrs. Burr, Strong, and Butler, who were directed to consider and re- port such further general provisions as they shall conceive ne- cessary for the relief of the widows and orphans of officers who were killed, or who died, and officers and soldiers who were dis- abled in service during the late war. Mr. Burr made a report from this committee on the 17th of Id, p. 377, January, and the bill was amended according to the report. An unsuccessful motion was then made to postpone the bill, and the Senate proceeded in the second reading, when it was agreed to postpone its further consideration. On the 26th, the bill was Id. p. 379. again taken up, and the report of the committee on the petition of Isaac Ledyard having been read, it was moved to amend the report, but the motion was determined in the negative. The consideration of the bill was resumed on the 30th of January, Id. p. and on the 10th, 14th, 15th, and 29th of February, when a mo- *. tion was made to strike out the first section of the bill, which ;P. was decided as follows:— . Yeas—Messrs. Bradley, Burr, Cabot, Carroll, Ellsworth, Foster, Id, p. 401, Hawkins, Johnston, King, Langdon, Lee, Monroe, Rutherford, Sherman, Strong, Wingate.-16. JWays—Messrs. Bassett, Butler, Dickinson, Few, Gunn, Izard, Morris, Read, Stanton.—9. - On the 1st of March, the consideration of the bill was resumed, when it was agreed so far to reconsider the resolution of yester- day, as to restore the first section of the bill as amended by the Committee, as follows:-- 3 8 4. 91, 3 534 HISTORY OF CONGRESS. CHAP. V. National Defence—Pensions. 1792. 2d Congress. 1st Session. Amended by Senate. Amend- ments Senate. of “Section 1. Be it enacted, by the Senate and House of Represent- S. Journal, alives of the United States of America, in Congress assembled—That P* the comptroller of the treasury adjust the claims of the widows and orphans respectively, as the case may be, of Colonel Owen Roberts, Captain William White, Lieutenant Colonel Bernard Eliot, Major Samuel Wise, Major Benjamin Huger, Lieutenant John Birch, and Major Charles Motte, deceased; all of whom were killed or died in the service of the United States, for the seven years’ half pay stipulated by the resolve of Congress, of the twenty-fourth day of August, one thousand seven hundred and eighty; and that the register of the treasury do issue his certifi- cates accordingly.” It was then agreed to insert the following as the second sec- tion:— “Section 2. And be it further enacted—That the officers of the Id, p.403. treasury be, and they are hereby, authorized to re-examine the accounts of Isaac Ledyard, late assistant deputy director, and John Berrien, late commissary of the hospital department, and if any error has taken place in the settlement of the said accounts, to correct the same.” Some further amendments having been made, the bill was then ordered to the third reading; and on the following day, the Se- nate proceeded to the third reading of the bill. A motion was then made to restore the words “Richard Shubrick’ to the bill, as it came from the House of Representatives, but the motion was decided in the negative. An unsuccessful motion was then made to strike out the first section of the bill, as amended by the committee, and which was restored to the bill by the vote of yes- terday. After which the bill, as amended, was passed. The amendments made by the Senate are as follow:— . “Section 1, line 4. Strike out these words, “Captain Robert Lewis;’ lines 4 and 5, strike out these words, “Colonel William Douglass,’ and ‘Major Andrew Leitch; lines 5 and 6, strike out these words, “Lieutenant John Harris, Colonel William Bond, Lieutenant Wadleigh Noyes;’ line 7, after Birch,' insert and;" line 8, strike out these words, “Captain Richard Shubrick.’ “Between sections 1 and 2, insert “Section 2. And be it further enacted—That the officers of the treasury department be, and they are hereby, authorized to re- examine the accounts of Isaac Ledyard, late assistant deputy di- rector, and John Berrien, late quarter-master of the hospital de- HISTORY OF CONGRESS, 535 Chap. V. National Defence—Pensions. 1792. *º partment, and if any error hath taken place in the settlement of Tº the said accounts, to correct the same. ºº, “Section 4, line 3. Strike out these words, during the late Senate war,’ and insert “as a deranged officer, upon the principles of the act of the late Congress of the third of October, one thousand seven hundred and eighty.” Line 6, strike out these words, ‘thereof accordingly,” and insert “of the balance due to him.” Line 9, after the word ‘service,” insert “and which have been charged by the United States to the officers who have received the same for the public service.” “Conform the sections to the amendments.” Disagree. The amendments being sent to the House, were there consi-H. Journal, #." dered on the 7th, when some of them were adopted, and others P. 530. disagreed to. And in the Senate, on the 9th, it was ordered that S. Journal, the consideration of the resolution of the House of Representa- P. *. tives, on the amendments to this bill, be postponed until the ma- nagers of the conference on the bill entitled “An act to ascer- tain and regulate the claims to half pay and to invalid pensions,” shall report. On the 19th of March, the Senate proceeded to Id. p. 411. the consideration of the subject, and determined to insist on all their amendments to the first section, except the last, from which they recede, and also to insist on their last amendment to the Hºuse re-fourth section. And on the following day, the House receded H. Journal, cede. from their disagreement to the amendments, and agreed to them P. 541. all. - In the same session, on the 6th of January, Mr. Lawrance re- id. p. 489. ported from the committee appointed on that subject, on the 1st id, p. 466. Bill to of December, a bill to ascertain and regulate the claims to half *". pay, and to invalid pensions, which was then read the first and half, pay, second time, and committed to a committee of the whole house. lººd The bill was considered in committee on the 13th, and several Id. p. 492. amendments were reported, which were considered in part on 497. the 24th, and again on the following day, when they were agreed Id. p. 498. to, and the bill was ordered to the third reading. And on the 26th, the blanks having been filled up, the bill was read the third s. Journal, time and passed. This bill, in the form in which it was sent to p. 379. the Senate, is as follows:– . as sent “Sect. 1. Be it enacted, by the Senate and House of Representatives 0 Senate. of the United States of America, in Congress assembled—That so much of the resolution of Congress of the 24th of August, one thousand seven hundred and eighty, as declares “that the reso- lution of the fifteenth of May, one thousand seven hundred and 536 HISTORY OF CONGRESS, CHAP. V. National Defence—Pensions. seventy-eight, granting half pay for seven years to the officers of the army who should continue in service to the end of the war, be extended to the widows of those officers who have died, or shall hereafter die, in the service,” shall be deemed and consi- dered to extend to the cases of the widows and orphans of all officers who died or were slain in the said service, at any time be- tween the commencement of hostilities in the late war with Great Britain, and the aforesaid fifteenth day of May, one thousand se- ven hundred and seventy-eight. And the officers of the treasury are hereby authorized to settle the claims of the widows or or- phans of such officers, as the case may be, and to issue certifi- cates for the same in the usual manner. “Sect. 2. And be it further enacted—That such officers as have been disabled in the service of the United States during the late war, whose disability and rate of allowance have been ascertained, pursuant to the acts or regulations of Congress, and who, from an inability to return their whole commutation, as required by the act of the twenty-second day of March, one thousand seven hun- dred and eighty-three, have not received the said allowance, shall now be entitled to demand and receive the same, returning only such part of the said commutation as will be in due propor- tion to the said rate of allowance, calculating interest at six per cent. on the allowance and proportion of the commutation afore- said, from the times they respectively became due, or were paid; and that their respective accounts be settled and adjusted ac- cordingly. “Sect. 3. And be it further enacted—That all officers who have been disabled in the actual service of the United States, and whose degree of disability, to be ascertained in the manner hereafter prescribed, may entitle them to be placed on the pen- sion list, at the rate of allowance equal to one-third, or more, of their monthly pay, shall be entitled to demand and receive such allowance during life: Provided—That the commutation received by any such officer, shall be settled in the manner, and on the principles, prescribed in the last preceding section. “Sect. 4. And be it further enacted—That any non-com- missioned officer, soldier, or seaman, disabled in the actual ser- vice of the United States, during the late war, by wounds, or other known cause, who did not desert from the said service, and whose name is not already on the pension list, shall be enti- tled to be placed on the pension list of the United States, during life, or the continuance of such disability; and shall also be al- lowed such further sum for the arrears of pension, from the time 2d Congress. 1st Session. Bill as sent to Senate. S. Journal, p. 380. HISTORY OF CONGRESS. 537 CHAP. W. National Defence–Pensions,. 1792. }º. of such disability, not exceeding the rate of the annual allow- 101. - - - --- - - -" - ance, in consequence of his disability, as the judge of the district, º in which they respectively reside, may think just: Provided– That in every such case, the rules and regulations following shall be complied with; that is to say:— - “First. That the judge of the District Court of the United States, in each district, shall allot the same into convenient divi- sions, and appoint, in each division, a reputable physician, re- siding therein, for the examination of invalids, causing due pub- lication thereof to be made in one or more of the gazettes of the district; which physician shall act on oath, and receive the sum of one dollar for each examination. “Secondly. Every applicant shall produce to the physician of the division, the following proofs; namely:- “A certificate from the commanding officer of the ship, regi- ment, corps, or company, in which he served, setting forth his disability, and that he was thus disabled while in the service of the United States, on the affidavits of two credible witnesses, to the same effect. “The affidavits of three reputable freeholders of the city, town, or county, in which he resides, ascertaining, of their own know- ledge, the mode of life, employment, labour, or means of Sup- port, of such applicant, for the last twelve months. “Thirdly. The physician of the division, upon receipt of the proofs aforesaid, shall forthwith proceed to examine into the na- ture of the wound, or other cause of disability of such applicant; and having ascertained the degree thereof, shall certify the same, under hand and seal, together with his opinion, whether or not the said disability be the effect of the wound, or injury, sustained while in the service of the United States; which proofs and cer- tificate the said physician shall transmit to the district judge of the United States, within the said district, who shall retain a du- plicate thereof, and transmit the originals to the secretary of war, together with his opinion, in writing, what proportion of the monthly pay of such applicant will be equivalent to the degree of disability, ascertained in manner aforesaid. “Sect. 5. And be it further enacted—That the secretary of war, upon the receipt of the proofs, certificate, and opinion, afore- said, shall cause the same to be duly filed in his office, and place the name of such applicant on the pension list of the United States, in conformity thereto: Provided, always—That in any ease where the said secretary shall have cause to suspect imposi- tion, he shall have power to withhold the name of such applicant WoL. I.-68 538 HISTORY OF CONGRESS. CHAP. V. National Defence—Pensions. 1792. #º. from the pension list, and make report of the same to Congress, †- at their next session. º “Sect. 6. And be it further enacted—That all non-commis- sioned officers, soldiers, and seamen, disabled in the actual ser- vice of the United States, during the late war, whose disability and rate of allowance have been ascertained pursuant to the re- gulations prescribed by the late Congress, and have not applied to be placed on the pension list, until after the time limited by the act of Congress for that purpose was expired, shall now be placed on the pension list, and be entitled to demand and receive their respective pensions, according to the allowances ascertained as aforesaid, any thing in this act, or any act of the late Con- gress, to the contrary notwithstanding. “Sect. 7. And be it further enacted—That from and after S. Journal, Bill in Se- nate. Motions in Senate to amend. the first day of February next, no sale, transfer, nor mortgage, of P. 381. the whole, or any part of the pension, or arrearages of pension, payable to any non-commissioned officer, soldier, or seaman, be- fore the same shall.become due, shall be valid; and every person claiming such pension, or arrears of pension, or any part thereof, under power of attorney or substitution, shall, before the same is paid, make oath or affirmation, before some justice of the peace, of the place where the same is payable, that such power of sub- stitution is not given by reason of any transfer of such pension, or arrears of pension; and any person, who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.” This bill received the first reading in the Senate, on the 26th, and, on the 30th, was referred to Messrs. Hawkins, Strong, Ells- worth, Lee, and Izard. Mr. Hawkins, from this committee, on the 21st of February, reported various amendments, and, on the 27th, it was agreed to amend the bill accordingly, and the bill was then ordered to the third reading. The bill being taken up on the 28th for the third reading, it was then moved to restore the first section, from the word “that,” line 2, which was yester- day rejected, to be read as follows:– “So much of the resolution of Congress, of the 24th of Au- gust, one thousand seven hundred and eighty, as declares, ‘That the resolution of the 15th of May, one thousand seven hundred and seventy-eight, granting half pay for seven years to the offi- cers of the army, who should continue in service to the end of the war, be extended to the widows of those officers who have died, or shall hereafter die in the service, shall be deemed and Id. p. 379. 384. Id, p. 393. 398. HISTORY OF CONGRESS. 539 CHAP. W. National Defence—Pensions. - 1792. - 2d Congress. 1st Session. Motions to amend. considered to extend to the cases of the widows and orphans of all officers who died or were slain in the said service, at any time between the commencement of hostilities in the late war with Great Britain, and the aforesaid fifteenth day of May, one thou- S. Journal, sand seven hundred and seventy-eight. And the officers of the P. 399. treasury are hereby authorized to settle the claims of the wi- dows or orphans of such officers, as the case may be, and to is- sue certificates for the same in the usual manner.” This motion was determined in the negative. It was then moved to restore the second section of the bill, which was yes- terday rejected; and this motion was also decided in the nega- tive. It was then moved to expunge these words, section 4, line 4, which it was yesterday agreed to insert, after the word “list,” to wit: “whose case has not already been determined on.” But no question was taken on this motion before the house adjourned. On the following day, the bill being again before the House Id. p. 400. for consideration, it was agreed to amend the fourth section, to read as follows:— “Sect. 4. And be it further enacted—That any non-commis- sioned officer, soldier, or seaman, disabled in the actual service of the United States, during the late war, by wounds, or other - known cause, who did not desert from the said service, shall be entitled to be placed on the pension list of the United States, during life, or the continuance of such disability, and shall also be allowed such further sum for the arrears of pension, from the time of such disability, not exceeding the rate of the annual al- lowance, in consequence of his disability, as the Circuit Court of the district in which they respectively reside, may think just.” A motion was then made to subjoin the following proviso to the end of the fourth section:— “And provided, also-That the benefit of this act shall extend to the cases of those invalids referred to the secretary of war; and respecting whom he has reported, they would be entitled to pensions as invalids, had they applied in time, and that they should be put on the pension list, according to the allowances in the said report, without taking the measures prescribed by this act to obtain the said pension.” And this motion was also determined in the negative. An un- successful motion was then made to subjoin the following clause to the end of the last section of the bill. “And be it further enacted—That from and after the expira- tion of two years from the passing of this act, no officer, soldier, 540 HISTORY OF CONGRESS. - CHAP. V. National Defence—Pensions. 1792. †º or seaman, shall receive any pension, unless such person shall be St Session. - - -- - - - † entitled thereto, in pursuance of an adjudication of the Circuit Court, in the manner prescribed in the second section of this act.” * Motions to amend. A motion to restore the third section of the bill was decided in the negative, as also was a motion to restore these words to the fourth section, lines 3 and 4, “ and whose name is not al- ready on the pension list.” It was then determined that the bill pass with the following amendments:— Amend. “Sect. 1, line 2. After the word ‘that,’ strike out to the end S. Journal, tº: of the section, and insert “the operation of the resolutions of the P. " late Congress of the United States, passed on the second day of November, one thousand seven hundred and eighty-five, and the twenty-third day of July, one thousand seven hundred and eighty-seven, so far as they have barred, or may be construed to bar, the claims of the widow or orphans of any officer of the - late army, to the seven years’ half pay of such officer, shall, from and after the passing of this act, be suspended for and during the term of two years. * Sects, 2 and 3. Strike out the two sections. “Sect. 4, line 1. After ‘that, insert “any commissioned officer not having received the commutation of half pay, and.” Lines 3 and 4. Strike out these words, and whose name is not already on the pension list.” Line 8. Strike out the word ‘judge,’ and insert Circuit Court.” Lines 10 to 16. After the word first,’ strike out to the word “examination,” inclusive. Line 17. Strike out the word ‘secondly.’ Same line, after the word ‘shall,’ in- sert “attend the court in person, except where it shall be certi- fied by two magistrates, that he is unable to do so, and shall.” Line 17. Strike out these words, “the physician of the division,” and insert, ‘the Circuit Court.” Line 26. Strike out these words, ‘3dly, the physician of the division,’ and insert, ‘2dly, the Cir- cuit Court.” Lines 29 to 33. After the word ‘same,” strike out to the word ‘and.” Line 33. Strike out these words, “the origi- mals, and insert the result of their inquiry, in case, in their opi- nion, the applicant should be put on the pension list.” Line 34. Strike out the word “his,' and insert ‘their.” “Sect. 5, line 5. After the word ‘imposition,’ insert, “ or mis- take.” - “Sect. 7, lines 1 and 2. Strike out these words, first day of February next,’ and insert passing of this act.' . HISTORY OF CONGRESS. 541 Chap, W. National Defence—Pensions, 1792. #º “Number the sections conformably to the amendments. - “Amend the title of the bill to read as follows: “An act to mº"; provide for the settlement of the claims of widows and orphans Senate, barred by the limitations heretofore established, and to regulate the claims to invalid pensions.” These amendments were taken up for consideration by the House dis. House of Representatives on the 3d, when some of them were H. Journal, * adopted, and others were disagreed to. The amendments disa-Pº". greed to were the third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth amendments. All the others were agreed to. On the 5th, the Senate proceeded to consider the resolution of the S. Journal, Senate in House of Representatives, and determined to insist on the P. “” Sist, amendments to which the Senate had disagreed, and desired a Confer-conference with the House, appointing Messrs. Ellsworth, Strong, ence. and Rutherford, to be the managers on their part. The House agreed, on the same day, to the conference, and appointed Messrs. H. Journal, Livermore, Murray, and Kitchell, to be their managers. Mr. P. * Ellsworth, from this committee, made a report to the Senate on S. Journal, Senate in the 12th, which, on the 14th, was taken up and agreed to; and P. 497. * * the Senate then adopted the following resolution:— “Resolved—That the Senate insist on their amendments to Id, p. 410. the said bill, to which the House of Representatives have disa- greed, and agree further to amend the bill, by inserting, between the fourth and fifth sections, a section as follows; to wit:— “...And be it further enacted—That the clerk of the District Court, in each district, shall publish this act in such manner as the judge of the District Court shall think effectual, to give ge- neral information thereof to the people of the district, and shall give like information of the times and places of holding the Cir- cuit Courts in such district. And, in districts wherein a Circuit Court is not directed by law to be holden, the judge of the Dis- trict Court shall be, and he is hereby, authorized to exercise all the powers given by this act to the respective Circuit Courts. And it shall be the duty of the judges of the Circuit Courts re- spectively, during the term of two years from the passing of this act, to remain at the place where the said courts shall be holden, five days, at the least, from the time of opening the sessions there- of that persons disabled, as aforesaid, may have full opportunity to make their application for the relief proposed by this act.” And, on the 16th, the House of Representatives proceeded to H. Journal, House re. consider the amendments of the Senate, to which the House had P. 538, £ede, before disagreed, and determined to recede from their disagree- 542 HISTORY OF CONGRESS. º CHAP. V. - National Defence—Pensions. 1792–93. #º ment to the amendments, and to agree to all the amendments of *— the Senate to the said bill. 2d Session. A number of petitions praying for pensions on account of in- H. Journal, petitions juries received during the late war, were presented early in the ** *. P* second session of the second Congress, and were referred to Messrs. Wm. Smith, B. Bourne, and Lee. And, on the 14th of Id. p. 614, December, 1792, Mr. Smith made a report from this committee, 616. which was referred to a committee of the whole. A letter from the judges of the Circuit Court of North Carolina, containing observations on the act of the last session, entitled “An act to provide for the settlement of the claims of widows and orphans barred by the limitations heretofore established, and to regulate the claims to invalid pensions,” had been communicated to Con- gress by the President of the United States, on the 7th of No- Id. p. 649. vember, and was referred to the same special committee. The report of this committee was taken up for consideration in com- mittee of the whole on the 31st of December, and, on the 1st of January, 1793, when several amendments were reported; and the report was adopted in the following form:— Report of “Resolved—That in order to prevent the admission of im- Id, p.658, committee, proper claims, and to facilitate the allowance of such as are well ". as adopted - - - - - iyi.e. founded, it is expedient to repeal the second, third, and fourth sections of the act, entitled ‘An act to provide for the settle- - ment of the claims of widows and orphans, barred by the limit- ations heretofore established, and to regulate the claims to in- valid pensions;’ and to provide that, in future, the claims for invalid pensions shall be regulated in the manner following; to wit:— “ 1st. That all evidence, relative to invalids, shall be taken upon oath, before the judge of the district in which such inva- lids reside, or before any three persons, specially authorized by commission from the said judge. “2dly. That the evidence, relative to any claimant, must prove decisive disability to have been the direct effect of known wounds, received while in the actual line of his duty, in the ser- vice of the United States, during the late war. That this evidence must be the affidavits of the commanding officer or surgeon of the ship, regiment, corps, or company, in which such claimant served, or two other credible witnesses, to the same effect, set- ting forth the time and place of such known wound. - “3dly. That every claimant shall be examined by two phy- sicians, upon oath, to be authorized by commission from the said HISTORY OF CONGRESS. 543 Chap. W. National Defence—Pensions. 1793. 2d Congress, 2d Session. Report of committee. ºtee 9 prepare jº"P judge, who shall report in writing their opinion of the nature of the said disability, and in what degree it prevents the claim- ant from obtaining his livelihood by labour. “4thly. That every claimant shall produce evidence of the time of his leaving the service of the United States, and of his being honourably discharged therefrom. He must also produce evidence of three reputable freeholders of the city, town, or county, in which he resided for the two years immediately af- ter he left the service, as aforesaid, of the existence of his dis- ability during that period, and ascertaining, of their own know- ledge, the mode of life, employment, labour, or means of Sup- port, of the claimant. “5thly. That the said claimant must produce the evidence of two credible witnesses, of the continuance of his disability, from the expiration of the said two years to the time of his appli- cation. “6thly. That each claimant shall show a good and sufficient cause why he did not apply to the state in which he resided, on or before the eleventh of December, one thousand seven hun- dred and eighty-eight, the time limited for applications of this nature. - “7thly. That the evidence of no claimant shall be admit- ted, whose case had been rejected by any state, prior to the afore- said eleventh of December, one thousand seven hundred and eighty-eight. - “8thly. That the reasonable allowance to such commission- ers and physicians aforesaid, for examining the claims of inva- lids shall be made by the —, and paid out of such contingent funds as the President of the United States may direct. “ Resolved—That the said judge of the district shall transmit a list of such claims, accompanied by the evidence herein di- rected, to the secretary for the department of war, who shall ex- amine the muster rolls, and other evidences of the late war, in order to prove the services of the said claimants; and the said secretary shall make a statement of the cases of the said claim- ants to Congress, with such circumstances and remarks as may be necessary, in order to enable them to take such order thereon, as they may judge proper.” It was then ordered that a bill, or bills, be brought in, pur- suant to the above resolutions, and that Messrs. Wm. Smith, Benj. Bourne, and Lee, do prepare and bring in the same. On the 3d of January, Mr. Smith, from this committee, pre- 544 HISTORY OF CONGRESS. Chap. V. National Defence—Pensions. 1793. 3d gongress sented a bill to regulate the claims to invalid pensions, which H. Journal, 2d Session. - - p. 661. Billors.... was then read the first and second time, and committed to a com- guite the mittee of the whole house; and on the following day the house in Id. p. 662, i. to committee proceeded to consider the said bill, and resumed its *. pensions, consideration on the 7th and 8th, when several amendments were reported. On the 9th, the bill being still under discussion, a Id, p. 665. motion was made to amend the same, by adding to the end 65. thereof the following section; to wit:— “ºffnd be it further enacted—That no person, not on the pension list before the twenty-third day of March, one thousand seven hundred and ninety-two, shall be entitled to a pension, who shall not have complied with the rules and regulations herein prescribed; saving, however, to all persons, all and sin- gular their rights, founded upon legal adjudications, under the act, entitled “An act to provide for the settlement of the claims of widows and orphans, barred by the limitations heretofore es- tablished, and to regulate the claims to invalid pensions.” But it shall be the duty of the secretary of war, in conjunction with the attorney general, to take such measures as may be necessary to obtain an adjudication of the Supreme Court of the United States, on the validity of any such rights claimed under the act afore- said, by the determination of certain persons styling themselves commissioners.” The question being put on this motion to amend, it was de- eided in the affirmative by the following vote:- Jāyes–Messrs. Ashe, Baldwin, Boudinot, Clarke, Dayton, Id. p. 667, Findley, Fitzsimons, Giles, Gordon, Greenup, Gregg, Griffin, Grove, Hartley, Heister, Huger, Jacobs, Kitchell, Kittera, Lee, Macon, Madison, Mercer, Milledge, Moore, Muhlenberg, Mur- ray, Orr, Parker, Schoonmaker, Silvester, William Smith, Steele, Sterrett, Sumpter, Tredwell, Venable, White, Williamson, Wil- lis.-40. Noes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Gerry, Gilman, Hillhouse, Lawrance, Learned, Leo- mard, Livermore, Niles, Sedgwick, Jere. Smith, I. Smith, Sturges, Thatcher, Tucker, Ward.—20. - The bill, having been then further amended, was, with the amendments, ordered to be engrossed and read the third time to-morrow. And, on the 10th, the bill was read the third time Passed by and the blanks therein were filled up. The question was then * taken on its passage, and decided in the affirmative, as follows:– wāyes–Messrs. Ashe, Baldwin, Barnwell, Boudinot, Clarke, HISTORY OF CONGRESS. 545 Chap, W. - National Defence—Pensions. 1793. §§º." Findley, Fitzsimons, Gales, Gilman, Gordon, Greenup, Hartley, == Heister, Huger, Jacobs, Key, Kitchell, Madison, Mercer, Moore, Muhlenberg, Murray, Orr, Parker, Schoonmaker, Silvester, William Smith, Sterrett, Sumpter, Tredwell, Tucker, Venable, Wadsworth, White, Williamson, Willis.-36. Noes—Messrs. S. Bourne, Goodhue, Hillhouse, Lawrance, Learned, Leonard, Livermore, Niles, Sedgwick, I. Smith, Sturges, Thatcher, Ward.—13. The bill having been sent to the Senate for their concurrence, s. Journal, was there read the first time on the 10th, and, on the follow- P. 470. ing day, received the second reading and was committed to . Messrs. Ellsworth, Strong, Sherman, Hawkins, and King. Mr. Ellsworth, from this committee, reported the bill on the 18th, Id. p. 472. with amendments, which were taken up for discussion on the 24th, ** Amended when they were postponed. On the 28th, the subject was resumed, Id, p. 476. by Senate, and the bill, after being amended, in conformity to the report of the committee, was ordered to the third reading; and on the 29th the bill, in its amended form, was read the third time and passed. H. Journal, In the House of Representatives, these amendments were, on P. 686. the 30th, committed to a committee of the whole house; and on the 1st of February the House went into committee on the sub- Id. p. 688. ject, when a report was made to the House of agreement to some Disagree of the amendments, and disagreement to others. The House ". i. then determined to agree to the amendments of the Senate to houses, the first and second sections, and to disagree to the amendments to the fourth and fifth sections of the bill. The Senate, on the S. Journal, 5th, resolved to insist on their amendments to the bill, desired P. 479. - a conference with the House on the subject of disagreement, and appointed, as managers at the conference on their part, Messrs. King, Ellsworth, and Strong. On the same day, the House of H.Journal, Representatives agreed to the conference, and appointed Messrs. P. * Sedgwick, Giles, and Boudinot, to be managers on their part. Mr. King made a report to the Senate, from the managers, on s. Journal, the 18th, as follows:— p. 488. “That, on conferring with the managers on the part of the House of Representatives, the managers on the part of the House agreed to recommend to the House, to recede from their disa- greement to the last amendment proposed by the Senate; but, that the managers from the two houses did not agree to any re- port respecting the amendment proposed by the Senate to the 4th section of the bill. “Whereupon, the managers on the part of this house recom- Vol. I-69 546 HISTORY OF CONGRESS. Ch.A.P. V. - - National Defence—Pensions. 1793. #gº." mended, that the Senate do recede from their amendment to the - 4th section, so far as respects the words proposed to be inserted in lieu of the words proposed to be expunged; and that they do insist on their amendment, so far as respects the striking out of the words proposed to be struck out in the said 4th section. “And that the Senate do also insist on their last amendment.” This report was agreed to by the Senate. On the 10th, Mr. Sedgwick, from the managers of the House H. Journal, of Representatives, made a report on the subject, and on the same P. 709. day the House agreed to the amendment of the Senate; but on the following day it was agreed to reconsider the amendments pending between the two houses, and the House then resolved to Id, p.710. adhere to its disagreement to the amendment insisted on by the - Senate to the fourth section, and to recede from the amendment insisted on by the Senate to the fifth section of the bill. The Senate, on the 23d, again considered their amendments disagreed s. Journal, to by the House of Representatives, and on the question to re-Pº 493. cede from their amendment, it was decided in the affirmative, by the following vote:- senate re- Yeas—Messrs. Bradley, Brown, Burr, Butler, Dickinson, Ed- cede. wards, Few, Gunn, Hawkins, Izard, Monroe, Morris, Potts, Ru- therford, Taylor.—15. Nays—Messrs. Bassett, Cabot, Ellsworth, Foster, Henry, John- ston, King, Langdon, Read, Robinson, Sherman, Stanton, Strong, Wingate.—14. 1st congress. On the 2d of March, 1791, being the third session of the first 1791, 3d Session. Congress, Mr. Schuyler, from a committee of the Senate appoint- ed to revise the laws of the United States, reported a bill en- Relative to titled “An act to continue in force the act therein mentioned, mode of , and to make further provision for the payment of pensions to in- payment of - - - joi..." valids, and for the support of light-houses, beacons, buoys, and public piers.” The only part of this bill which refers to the in- valid pensions, is the second section, which reads as follows:– “Sect. 2. And be it further enacted—That the yearly pensions which have been allowed by, or in pursuance of any act, or law, of the United States, to persons who were wounded and disabled during the late war, shall, for the space of one year from the 4th day of March next, be paid out of the treasury of the United States, under such regulations as the President of the United States may direct.” º HISTORY OF CONGRESS. - 547 Chap. V. National Defence—Pensions. 1791. Jigongress. This bill passed the Senate on the third of March, and was s. Journal, 3d Session. - - 306 passed in the House of Representatives on the same day. p. 3UO. H. Journal, p. 406. -º- }º. At the first session of the second Congress, on the 3d of May, 1792. – 1792, Mr. King, pursuant to notice given to the Senate on the s. ſolº, Relative to previous day, introduced a bill to continue the above named p. 437. º act. The rules being dispensed with, the bill went through all - pensions, its stages on the same day; and on the 4th, the other parts of the H.Journal, bill having undergone modification in the House of Representa- p. 397. tives, the bill was passed in that house, under the amended title of “An act to provide for mitigating or remitting the penalties and forfeitures accruing under the revenue laws in certain cases, and to make further provision for the payment of pensions to in- valids.” 21session. The President of the United States, in opening the second ses- id.p. 611. Relief of sion of the second Congress, stated to the two houses the fact of º * the massacre of certain citizens by the Indians, while under the killed protection of a flag of truce, and suggested the propriety of a , * i. provision for the families of the deceased. In committee of the of truce. whole house on the speech of the President, this portion of the executive suggestions was made the subject of deliberation, and forms the substance of one of the resolutions reported, being as follows:— “Resolved—That it is the opinion of this committee, that pro- Id. p. 623. vision be made by law, for the widows and orphans of those per- sons who may have been killed, while under the protection of flags of truce to the Indian tribes.” This resolution was agreed to by the House, and on the 22d of November a committee was appointed, consisting of Messrs. Par- ker, Macon, and Heister, to prepare and bring in a bill, or bills, pursuant to this resolution. On the 28th, Mr. Parker, from this Id, p. 625. committee, presented a bill to make compensation to the widows and orphans of certain persons, who were killed by Indians, un- der the sanction of flags of truce, which was read the first and - second time, and committed to a committee of the whole house; Id. p. 628. and on the 3d of January, 1793, the bill was considered in com- 1793. mittee, and several amendments were reported, which were taken id p. 661, up by the House on the next day, when some were adopted, and 66% ºil passed others disagreed to, and the bill was ordered to be read the third **use time. The bill was, on the 5th of January, read the third time s. Journal, p. 468, 548 HISTORY OF CONGRESS. CHAP. W. National Defence—Pensions. 1793. 2d Congress. 2d Session. Bill passed by Senate. Resolu- tion to grant pen- sions to widows and or- phans. Bill report- ed. Not finally aeted on. Pensions to militia wounded ordisabled. and passed. In the Senate, the bill was, on the 7th, read the first time, and on the following day, it passed through the other stages. On the 18th of January, 1793, a motion was made in the House of Representatives, as follows:— “Resolved—That a committee be appointed to bring in a bill to make provision of half pay for seven years, to the widows and orphans of such officers of the army of the United States, as have been killed in the service since the third day of June, in the year of our Lord one thousand seven hundred and eighty-four, or who may hereafter be killed in the service of the United States.” It was then ordered that this motion be referred to a commit- tee of the whole house. On the 5th of February, the House re- solved itself into committee on this motion, and Mr. Key, the chairman, reported the following resolution, which was agreed to by the House:— “Resolved—That provision of half pay for years, to the widows and orphans of such officers of the army of the United States, as have been killed in the service since the fourth day of March, one thousand seven hundred and eighty-nine, or who may hereafter be killed in the service of the United States, ought to be made by law.” It was then ordered that Messrs. Hartley, Wadsworth, and Greenup, prepare and bring in a bill, or bills, pursuant to this re- solution; and, on the same day, Mr. Hartley presented a bill to make provision of half-pay to the widows and orphans of certain officers, which was read the first and second time, and commit- ted to a committee of the whole house. The bill was considered in committee, on the 8th of February, and several amendments thereto were reported, which, with the bill, were ordered to lie on the table. There was no further action on this bill during this Congress. On the 15th of January a motion was submitted to the House of Representatives, “That a committee be appointed to prepare and bring in a bill for placing on the pension list all such officers and privates of the militia as have been, or shall be, wounded or disabled in the service of the United States, and not provided for by law.” This motion was referred to a committee of the whole house, and, on the 6th of February, the motion was taken up in com- --- - S. Journal, p. 469, H. Journal, | p. 675. f Id. p. 691. Id. p. 696, Id, p. 672, Id. r 693, HISTORY OF CONGRESS, - 549 Chap. V. National Defence—Seamen—Hospitals. 1793. 21gongress, mittee of the whole, and Mr. Dayton, the chairman, reported the 2d Session. - - - Tº following resolutions, which were agreed to:— eSOIUl- . of “Resolved—That provision ought to be made, by law, for Ouse, placing such officers, non-commissioned officers, and privates, of the militia, as have been disabled in the service of the United States, since the day of , or shall hereafter be dis- abled in such service, on the pension list. “Resolved—That provision ought to be made, by law, for es- tablishing such regulations as may be necessary to ascertain the nature and degree of such disabilities, and the annual allowance to be made for the same.” It was then ordered that Messrs. Greenup, Hartley, and Barn- well, prepare and bring in a bill, or bills, conforming to these re- solutions; and, on the 15th of February, Mr. Greenup, from this H. Journal, Billreport committee, presented a bill for placing on the pension list such P. " ed. officers and privates of the militia as may be wounded and disa- bled in the service of the United States; which was read the first and second time, and committed to a committee of the whole Not acted house for the following Monday. But it does not appear that On, this bill was further acted on. -- Hºmº On the 20th of July, 1789, the House of Representatives or- 1789. T dered that Messrs. Smith, of South Carolina, Clymer, and Car- H. Journal, Seaxes, roll, be a committee to prepare and bring in a bill, or bills, pro- P. 63. Bill rela-viding for the establishment of hospitals for sick and disabled º ". seamen, and for the regulation of harbours. And, on the 27th of Id, p. 92. seamen. August, Mr. Smith, from this committee, presented a bill pro- viding for the establishment of hospitals for the relief of sick and disabled seamen, and prescribing regulations for the harbours of the United States; which was then read the first time, and received the second reading on the following day, and was com- mitted to a committee of the whole house. On the 16th of Id. p. 112. Postponed, September, the consideration of this bill was postponed until the next session of Congress. *Session. At the second session of this Congress, on the 22d of April, 1790. Distressed 1790, a committee was appointed by the House of Representa- H. Journal, º tives, consisting of Messrs. Williamson, Parker, and P. Muhlen- p. 49*. men, berg, to prepare and bring in a bill, or bills, for the relief of dis- abled soldiers and seamen. On the 28th of June, the House Id, p. 252. considered the reports of the secretary of war, on the petitions 550 HISTORY OF CONGRESS. CHAP. V. National Defence—Seamen. 1790. 1st Congress of James Derry, Benjamin Hardison, Christian Wolfe, Samuel 2d Session. Committee to prepare bill. Bill passed by House. Amended in Senate. Report. Garretson, and Caleb Brewster, and adopted the following reso- lution:- “Resolved—That the commissioner of army accounts be au- thorized to settle the accounts of pay of the said James Derry, and Benjamin Hardison, and to issue his certificates for the same in conformity to the reports of the said secretary of war; and that the said Caleb Brewster, Christian Wolfe, and Samuel Gar- retson, respectively, be placed on the list of pensioners, from the time, and in the manner also reported by the said secretary.” It was then ordered, that it be an instruction to the commit- tee appointed to prepare and bring in a bill, or bills, for the re- lief of disabled soldiers and seamen, that they do insert a clause, or clauses, pursuant to the said resolution. Mr. Williamson, on the 16th of July, from this committee, pre- H. Journal, sented a bill for the relief of disabled soldiers and seamen, and P. * of certain other persons, lately in the service of the United States, which was then read the first time, and received, on the next day, the second reading, and was committed to a committee of the whole house. And, on the 19th, the bill was considered in committee, when an amendment was reported, which was agreed to by the House. The bill was ordered to the third reading on the 27th, and on the following day, it was read the third time, and passed. In the Senate, the bill was read the first and second time, on the 29th, and was committed to Messrs. Schuyler, Gunn, and Bassett. Mr. Schuyler, on the 2d of Au- gust, reported various amendments; and it was agreed to amend the bill accordingly. The bill was then ordered to the third reading. On the 6th of August, the Senate proceeded further to consider the report, which is as follows:– “That they have examined the vouchers, documents, or cases, of the several persons for whom provision is intended by the bill, as having been disabled whilst in the service of the United States; and, it appears to your committee, that, if they had re- spectively applied to the commissioners appointed by the several states, in conformity to the acts of the late Congress, they would have received certificates to entitle them to be placed on the list of pensioners. That, in general, for want of information, or through ignorance, they did not apply within the time assigned by the act of the 11th of June, 1788, within which applications were to be made: That, in the opinion of your committee, they are, nevertheless, equitably entitled to the intended relief, Id, p.272, 273. Id. p. 282, 283. S. Journal, p.193,194, Id, p. 202. HISTORY OF CONGRESS. 551 Chap, W. . National Defence—Seamen. - 1790. º “That the relief intended for the other persons in the bill, ap- pears to your committee just and proper. “That your committee are of opinion, that similar relief should be extended to the several other persons who were disa- bled in the service of the United States, as appears from the do- Amended cuments delivered with this report, and, therefore, prepare the in Senate. - - :ll . following amendments to the bill:— Report. Amend. “Sect. 1, line 2. To strike out “James,” and insert “Joseph.” S. Journal, ments, “Line 3d. Strike out “and, and, after ‘Steele, insert Joseph P. 203. Shuttlief and Daniel Culver. “Line 6th. After the word ‘discharge,’ insert ‘ that Edward Scott, a disabled soldier, be allowed a pension at the rate of three dollars per month, from the date of his discharge. That David Weaver, and George Schell, disabled soldiers, be each allowed a pension, at the rate of two dollars per month, from the date of their respective discharges. That Seth Boardman, a disabled soldier, be allowed a pension, at the rate of three dollars and one-third of a dollar per month, from the 17th day of March, 1786. That Severenus Rock, a disabled captain, of Colonel Ja- cob Klock's regiment of New York militia, be allowed a pension, at the rate of five dollars per month, from the 20th day of Au- gust, 1777. That John Younglove, a disabled major of Colonel Lewis Van Woort's regiment of New York militia, be allowed a pension, at the rate of six dollars per month, from the 30th day of July, 1781. That William White, a disabled private of Co- lonel Williams’ regiment of New York militia, be allowed a pension, at the rate of three dollars and one-third of a dollar per month, from the first day of April, 1786. That Jacob Newkirk, a disabled soldier of Colonel John Harper's regiment of New York state troops, be allowed a pension, at the rate of three dol- lars per month, from the 22d day of October, 1780.” - º Bill passed The bill, amended to conform to this report, was then read H. Journal, * Senate, the third time, and passed; and the amendments of the Senate P. 2.94. were, on the 9th, concurred in by the House of Representatives. —º- #º. IN the first session of the second Congress, a member pro- 1791–92. MARINE duced certain papers respecting the sale and disposition of the H. Journal, Hospyrºs, Marine Hospital, in the state of Virginia; and these papers were, P. 453. on the 14th of November, 1791, referred to the Secretary of the treasury for his examination and report; and, on the 17th of April, 1792, the speaker laid before the House a letter from the 552 HISTORY OF CONGRESS. CHAP. V. National Defence–Individual Claims. 1792–93. #º secretary of the treasury, accompanying his report on the papers referred to him, concerning a Marine Hospital, at Washington, in Virginia; and also on a memorial of the Marine Society of H.Journal Committee Boston, on the subject of marine hospitals. This report was P. * º: then ordered to be referred to Messrs. Ames, Sterrett, and Par- treasury, ker. On the 28th of the same month, Mr. Ames, from this com- Id. p. 591. Report or mittee, made a report to the House, which was read, and ordered º to lie upon the table. There was no further action on the re- port, except its reference, as will be seen hereafter. sick and On the 19th of November, 1792, it was ordered by the Id. p. 621. º * House of Representatives, that a committee be appointed to pre- pare and bring in a bill, or bills, for the relief of sick and in- Commit firm seamen; and Messrs. Williamson, Lawrance, Goodhue, B. ted. Bourne, and Barnwell, were appointed of this committee. It was ordered, at the same time, that the report of the secretary of the treasury, concerning marine hospitals, which was made on the 17th of April, and the report of a committee thereupon made on the 28th, be referred to the same committee. Mr. - Bill report. Williamson presented, from this committee, on the 21st of Ja- Id. p. 676. :...a nuary, a bill for the relief of sick and infirm seamen, which was then read the first and second time, and committed to a commit- tee of the whole house. But the bill was not taken up in com- mittee during the session. Promoting The House, likewise, on the 19th of November, appointed a d. p. 621. i. committee, consisting of the same members, to prepare and bring of seamen, in a bill, or bills, for promoting commerce, by the increase of American seamen. And, on the 22d of January, 1793, Mr. Id. p. 67. Bill report. Williamson presented, from this committee, a bill to promote *a commerce, by the increase of American seamen, which was then read the first and second time, and committed to a committee of the whole house. This bill shared the fate of the other, which emanated from the same committee, and was not again brought under the notice of the House. -º- ºgº. THE cases of individuals claiming compensation for losses, or 1790. SSion. - - services, during, or in consequence of, the late war, and on which there was legislation, are as follows:– Jons'Bºy's JoHN ELy, who claimed for services as a surgeon. His peti- Hº! * tion was referred to the secretary of war, and on his report be- ſº ing received, it was ordered that Messrs. Trumbull, Mathews, 173. and Burke, be a committee to prepare and bring in a bill for his HISTORY OF CONGRESS. 553 CHAP. W. National Defence—Individual Claims. 1790. 1st Congress. Session. Bill reject- ed. BARON DE STEUBEN, Bill. Motions to amend. relief. This bill was brought in on the 11th of March, 1790, received the first and second reading, and was committed to a committee of the whole house. This bill was rejected on the H. Journal, 6th of April. A new committee was appointed on this peti- P. º. tioner’s case, on the 21st of April, consisting of Messrs. Par- Id. p. 197, tridge, Huntington, and Mathews, and a new bill was intro- 198. duced on the following day, which was read the first and second time, and was committed to a committee of the whole house. This bill was taken up in committee on the 30th of April, and Id. p. 206, having been reported without amendment, was engrossed and 07. read the third time, and was sent to the Senate. In the Senate, s. Journal, the bill was read the first and second time, and was committed P. 187. to Messrs. Maclay, Wingate, and Elmer. Mr. Maclay made a 1d. p. 189. report on the 12th of May, and the bill was then rejected. The petition of the Baron de Steuben, for compensation for H. Journal, military services, was presented to the House of Representatives, p. 110.123. on the 14th of September, 1789, and was referred to the secreta- ry of the treasury. The report of the secretary was received on the 6th of April, 1790, and was considered on the 19th, when Id. p. 190. Messrs. Gerry, Wadsworth, Vining, Smith, of South Carolina, Id, p. 196. and Lawrance, were appointed a committee to bring in a bill. Mr. Gerry, on the 30th, presented a bill for finally adjusting and Id, p. 207. Satisfying the claims of Frederick William de Steuben, which was read the first and second time, and was committed. This bill occupied the House, in committee, during the 4th, 5th, and 6th of May, when it was reported without amendment. On the 7th, the bill being before the House, it was moved to strike out, ºs- in the first section, from the word “assembled,” in the second id. p. 210, line, to the end, as follows:— 211. “That, for the final adjustment and satisfaction of the claims of Frederick William de Steuben, and as well to indemnify him for his sacrifices and expenses in coming to the United States, as to compensate him for his services to them during the late war, (pursuant to the conference between him and a committee of Congress, in the year one thousand seven hundred and seventy- eight, set forth in the documents accompanying his memorial,) there be allowed to the said Frederick William de Steuben— “The pay and other emoluments of major general and inspect- or general, specified in the several acts of Congress relating to him, from the tenth day of March, in the year one thousand se- ven hundred and seventy-eight, to the fifteenth day of April, in the year one thousand seven hundred and eighty-four: Wol. I-70 554 HISTORY OF CONGRESS. CHAP. W. 1st Congress. . 2d Session. Motions to amend. National Defence—individual Claims. 1790. “An annuity, for life, of two thousand seven hundred and six dollars, to commence on the first day of October, in the year one thousand seven hundred and seventy-seven. - “And thousand acres, in the Western territory of the United States, to be located in such manner as shall hereafter be prescribed by law: Provided—That the foregoing allowances shall not be construed to include either half pay, or the commu- tation for half pay.” And the question being put on this motion, it was decided in the affirmative, by the following vote:– Jºyes–Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Brown, Contee, Floyd, Foster, Gilman, Goodhue, Grout, Livermore, Moore, Muhlenberg, Van Rensselaer, Schureman, Seney, Sher- man, Silvester, Sinnickson, Smith, of Maryland, Steele, Stone, Sturges, Thatcher, Tucker, White, Williamson.—28. Noes—Messrs. Ames, Benson, Bland, Burke, Cadwalader, Carroll, Clymer, Fitzsimons, Gale, Griffin, Heister, Huger, Huntington, Lawrance, Lee, Madison, jr., Page, Scott, Smith, of South Carolina, Vining, Wynkoop.–21. It was then moved, and agreed to, to insert, in lieu of the words stricken out, the following clause:— “That, in order to make full and adequate compensation to Frederick William de Steuben, as well for the sacrifices and emi- ment services made and rendered to the United States during the late war, as for the commutation or half pay promised by the re- solutions of Congress, there be paid to the said Frederick Wil- liam de Steuben the sum of seven thousand dollars, in addition to the moneys already received by him; and, also, an annuity of dollars, during life, to commence on the first of January last, to be paid in quarterly payments at the treasury of the United States; which several sums shall be considered in full dis- charge of all claims and demands whatever of the said Frederick William de Steuben against the United States.” The bill was then further amended, and was ordered to be en- H. Journal grossed, and read the third time. On the 10th, the bill having P. 212. been read the third time, it was moved to fill up the blank in the bill as to the amount of the annuity to the Baron de Steuben, with the sum of two thousand seven hundred and six dollars; and the question being put on this motion, it was decided in the negative by the following vote:- - Ayes–Messrs. Ames, Benson, Bland, Cadwalader, Carroll, Coles, Fitzsimons, Gale, Gerry, Hartley, Heister, Huger, Hun- - HISTORY OF CONGRESS. 555 Cháp. W. 1st Congress. 2d Session. National Defence—Individual Claims. 1790. tington, Lawrance, Lee, Madison, jr., Muhlenberg, Page, Scott, Smith, of South Carolina, Trumbull, Tucker, Wining, Wads- worth, Wynkoop.–25. JVoes—Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Brown, Contee, Floyd, Foster, Gilman, Goodhue, Griffin, Grout, Hathorn, Livermore, Mathews, Moore, Parker, Partridge, Van Rensselaer, Schureman, Seney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Steele, Stone, Sturges, White, Williamson.—30. The motion was therefore rejected, and it was then agreed to fill the blank with the sum of two thousand dollars. The ques- Bill passed tion was then put on the passage of the bill, and it was decided by House. Motions to amend in Senate. in the affirmative, as follows:— Ayes–Messrs. Ames, Benson, Bland, Boudinot, Cadwalader, Carroll, Coles, Contee, Fitzsimons, Gale, Gerry, Griffin, Hartley, Heister, Huger, Huntington, Lawrance, Lee, Livermore, Madi- son, jr., Moore, Muhlenburg, Page, Parker, Scott, Sherman, Smith, of Maryland, Smith, of South Carolina, Trumbull, Tucker, Wining, Wadsworth, White, Wynkoop.–34. * JWoes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Floyd, Fos- ter, Gilman, Goodhue, Grout, Hathorn, Mathews, Partridge, Van Rensselaer, Schureman, Seney, Silvester, Sinnickson, Steele, Stone, Sturges, Williamson.—21. The bill was therefore passed and sent to the Senate, where, on the 10th and 11th, the bill received the first and second read- ing, and was committed to Messrs. Maclay, Strong, Izard, Ells- worth, and Johnston. Mr. Maclay reported the bill on the 24th, and on the 25th the Senate proceeded to consider the report, as follows:– “In the second line, strike out from the word ‘order,’ inclusive, to the end of the bill, and insert “ consideration of the eminent services of the Baron de Steuben, rendered to the United States during the late war, there be paid to him an annuity of one thou- sand dollars, to commence on the first day of January last, to be paid in quarterly payments at the treasury of the United States.’” On the following day, much debate having taken place, the question was put on agreeing to the report of the committee, and decided in the negative, as follows:– Yeas—Messrs. Ellsworth, Elmer, Few, Hawkins, Johnston, Langdon, Strong, Wingate.—8. H. Journal, p. 213. S. Journal, p. 139.144, 145. JVays—Messrs. Bassett, Butler, Carroll, Dalton, Gunn, Henry, Johnson, Izard, King, Lee, Maclay, Morris, Paterson, Read, . Schuyler, Walker.—16. 556 HISTORY OF CONGRESS. CHAP. V. - National Defence—Individual Claims. 1790. 1st Congress. It was then moved that the opinion of the Senate should be s. Journal, wer- taken, whether two thousand dollars, line 7, should stand in the P. * *...* ° bill; and the question being taken on this motion, it was decided as follows:— Yeas—Messrs. Bassett, Butler, Carroll, Gunn, Henry, Izard, King, Lee, Morris, Read, Schuyler, Walker.—12. - JWays—Messrs. Dalton, Ellsworth, Elmer, Few, Hawkins, John- son, Johnston, Langdon, Maclay, Paterson, Strong, Wingate.-12. The numbers being equal, the Vice-President determined the question, by giving the casting vote in the affirmative. A motion was then made to strike out the following words, “the sum of seven thousand dollars, in addition to the moneys al- ready received by him, and also;” and, the question being put, it was decided as follows:— Yeas—Messrs. Butler, Dalton, Ellsworth, Elmer, Few, Haw- kins, Johnson, Langdon, Maclay, Paterson, Strong, Wingate—12. Nays—Messrs. Bassett, Carroll, Gunn, Henry, Johnston, Izard, King, Lee, Morris, Read, Schuyler, Walker.—12. The vote of the Vice-President being again required, decided this question in the negative. - The third reading of the bill came on on the 27th. An un- successful motion was again made to reduce the annuity to one thousand dollars; but a motion to strike out seven thousand in the 6th line, was decided in the affirmative. The various sums of “five thousand,” “four thousand five hundred,” and “four thousand,” were then successively moved, and all rejected; and it was then agreed to strike out these words, “the sum of dollars, in addition to the moneys already received by him, and also.” It was likewise determined to strike out these words, “as well for the commutation or half pay provided by the resolutions of Congress.” It was then moved, to add “five hundred'’ after the words Id, p. 14. ** two thousand,” in the 7th line, thus increasing the amount of the annuity. The question being taken on this motion, it was decided in the following manner:— Yeas—Messrs. Bassett, Butler, Carroll, Gunn, Henry, Izard, King, Lee, Morris, Read, Schuyler, Walker.—12. Nays–Messrs. Dalton, Ellsworth, Elmer, Few, Hawkins, Johnson, Johnston, Langdon, Maclay, Paterson, Strong, Win- gate.—12. The Vice-President, on this occasion, also, being required to Bill passed vote, decided the question in the affirmative. The bill was then by Senate passed, as amended, HISTORY OF CONGRESS. 557 Chap, V. National Defence—Individual Claims. 1790. 1st Congress. 2d Session. John -M'Corp, Canadian refugee. Billpassed, DAVID Gould. -º-º: Orphans, On the 28th, the House took up for consideration the amend- ments of the Senate, when the first, second, and third, having been agreed to, the question was put on the last amendment; namely: to add the words “five hundred’’ after the words “ two thousand,” and it was decided in the affirmative, as fol- lows:— - ºffyes–Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, Carroll, Clymer, Coles, Contee, Fitzsimons, Floyd, Gale, Ger- ry, Hartley, Heister, Huger, Huntington, Lawrance, Lee, Li- vermore, Moore, Muhlenberg, Page, Parker, Scott, Silvester, Smith, of South Carolina, Trumbull, Tucker, Vining, White, Wynkoop.–32. Noes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Foster, Gilman, Goodhue, Griffin, Grout, Hathorn, Jackson, Leonard, Mathews, Partridge, Van Rensselaer, Schureman, Seney, Sher- man, Sinnickson, Steele, Stone, Sturges, Sumpter, Thatcher, Williamson.—25. On the 1st of February, 1790, the petition of John M'Cord, of Quebec, was presented to the House of Representatives, pray- ing to be reimbursed for supplies of money and other necessa- ries, which he furnished to the American army in Canada, in the year 1775. This petition was referred to Messrs. Ames, Fitzsimons, and Boudinot; and, on the 7th of May, Mr. Ames made a report, which was taken up for consideration on the 1st of June, when it was resolved, “that there be paid to the said John M'Cord, the sum of one thousand dollars, in full, for all claims, either of rations or lands, as a Canadian sufferer or re- fugee.” The committee, already appointed, were then instruct- ed to bring in a bill. A bill, to this effect, was reported by Mr. Boudinot on the following day, and immediately went through the various stages, and was sent to the Senate, where, on the 6th and 7th, it was read the first and second time, and committed to Messrs. Morris, Maclay, and Elmer. The bill was reported and amended on the 18th; and was read the third time, and passed, on the next day. On the 22d, the House agreed to the amendment. A petition of the representatives of David Gould, deceased, was presented to the House of Representatives, and referred to the secretary of war, who reported, and the report having been considered by the House, the following resolution was adopted:— “Resolved—That provision ought to be made for paying to such of the orphan children of the late Doctor David Gould, who H. Journal, p. 150– 152. - Id. p. 211. ld. p. 232, Id. p. 233, 234. S. Journal, p. 150, 151. Id. p. 163. H. Journal, p. 248 Id. p. 245. 247. 558 HISTORY OF CONGRESS. CHAP. V. National Defence–Individual claims. 1790. §§º. died in service during the late war, as were living at the time *— of his death, or their legal representatives, the sum of one thou- sand six hundred and eighty dollars, being the amount of the half pay of a captain for seven years, the same being the ratio. | established as the half pay of a surgeon by the resolves of Con- - gress, of the 17th day of January, 1781.” Messrs. Seney, Heister, and Moore, were instructed to bring H. Journal, in a bill; and a bill was reported on the 23d, which was passed ºr through the various stages on the two next successive days. s. an. After two readings in the Senate, the bill was committed to p. 166,169. Bill reject Messrs. Wingate, Elmer, and Maclay. After the report of the Id, p. 174, ed. committee was received, the bill was rejected. 175. THOMAS A petition was presented to the House of Representatives, on H. Journal, * the 24th of September, 1789, from Thomas Barclay, praying P. 120. Services that he might receive compensation for services rendered to the .." United States, in various public stations in Europe. On the . and 24th of February, 1790, this petition was referred to Messrs. J.P. 163. Clymer, Page, and Sinnickson. Mr. Clymer made a report on the 28th of June, which was considered on the 1st of July, and Id, p.255. recommitted to the same committee. Another report was made Id, p. 278, by Mr. Clymer, on the 24th of July, which was considered on Id, p. 282. the 27th of July, when the House came to the following reso- lution:- - * Resolved—That, in the settlement of the accounts of the said Thomas Barclay, he be allowed, exclusive of expenses charged by him in his said account, namely, as consul in France for three years, the salary appointed by Congress to that office: That, on all goods purchased and shipped by him in Holland for the United States, he be allowed a commission of two and a half per centum: That, on the value of all the supplies of goods for the United States, repacked and shipped by him in Holland, and in various ports in France, he be allowed one per centum: That, as a commissioner for settling the accounts of receipts and ex- penditures of public moneys in Europe, for four years, he be allowed at the rate of fifteen hundred dollars per annum: That, as agent for negotiating and concluding a commercial treaty with Morocco, he be allowed two thousand dollars.” Messrs. Stone, Clymer, and Page, were instructed to bring in H. Journal, a bill, which was presented by Mr. Clymer on the following day, P. 283. when, after receiving the first and second reading, it was com- Id, p.28% mitted, and considered in committee: several amendments were -- HISTORY OF CONGRESS. 559 CHAP. W. National Defence–Individual Claims. 1790. ºgº." reported, and the bill was ordered to the third reading, and s. Journal, was passed on the next day. In the Senate, the bill was read P.” the first and second time on the 29th and 30th, and was com- mitted to Messrs. King, Morris, and Langdon. Mr. King, on the 3d, reported sundry amendments, which were considered on the 5th, as follows:— Amend. “Line 3. Strike out the word ‘from,’ and insert the word Id, p.194. ments by * between.” 199. Senate. “ Line 4. Strike out the words ‘one until,” and insert the words and the.” - “Same line. Strike out the word ‘seven,” and insert the word eight,” so that the bill read thus: ‘between the year 1780 and the year 1788.” “Strike out, line 6th to line 9th, these words: “as appointed by the late Congress to that office; on all goods purchased and shipped by him in Holland for the United States, a commission of 2% per - cent.; on the value of all the supplies of goods for the United States, repacked and shipped by him in France and Holland, a commis- sion of one per cent.,’ and insert in their place these words, “ in lieu of all commissions for business done on account of the United States, according to the resolutions of Congress of the third day of November, 1780.” “Line 10. Between the word “years, and the words “a sa- lary,’ insert “in addition to his actual expenses for office rent, clerks, stationary, and postage.” “Same line. Strike out ‘four,” and insert three.” * Same line. Strike out fifteen hundred,” and insert two thousand.” - - “ Line 11. Between the words & Morocco,” and the,” insert these words, ‘in addition to his actual expenses in conducting the same.” - “ Line 12. Strike out the word two,” and insert four.” “Same line. Strike out ‘which several allowances shall be exclusive of the account of the private expenses incurred by the said Thomas Barclay, whilst employed as commissioner and agent aforesaid.” - - Passed by It was then agreed to amend the bill to conform to this report, Id. p.200. S - - - - - ". d and, thus amended, the bill was read the third time and passed. InCl- ments . The amended bill was then returned to the House, but was not º MP acted on by that branch. y House. º At the next session, on the 12th of February, 1791, the peti- 1791. * tions of Thomas Barclay and of Jacob Winey, on behalf of him- H. Journal, Wisły, self and others, were presented to the House of Representatives, P.97% 560 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims. 1791. isºgongress, praying that depreciation may be allowed on certain paper mo- 3d Session. ney payments, made them by order of the late Congress, for the freight and valuation of two ships, the property of the petition- ers, which were chartered for public service, and afterwards taken by the enemy. The petitions were referred to Messrs. Clymer, H. Journal, Smith, of Maryland, and Partridge; and this committee, on the P. 383. 19th, was discharged from the further consideration of the peti- tions, and they were referred to the secretary of the treasury. -º- 2d gongress. ON the 22d of November, the report of the secretary of the 1792. 2d Session. treasury on this petition, was made to the House, and ordered H. Journal, to lie on the table. And, on the 21st of December, a petition P. 625. Ratsros, was presented from Robert Ralston, assignee of the estate of Id, p. 652. *...* Thomas Barclay, praying that payment might be made to him, crºr, as legal representative of Barclay, for the amount of certain claims for services rendered by him to the United States, pre- viously to the 16th day of May, 1791; and this petition was re- ferred to the secretary of the treasury, for examination and re- port. - Nothing further was done in relation to this claim. -º- 1st gongress. A PETITION of Sarah, the widow of the Earl of Stirling, was 1790. - 2d Session. - za session. presented to the House of Representatives, on the 25th of June, H. Journal, p. 250. SARAH, - - winow or 1790, praying to receive the allowance of seven years’ half-pay, ". s." due to her deceased husband, as a major-general in the service Lºng, of the United States, which was referred to the secretary of war, whose report to the House was received on the 27th of July, Id, p.28% and was taken up for consideration on the 2d of August, when the House adopted a resolution “that there be paid to Sarah Id P.” Stirling, the widow of the late Major-general Lord Stirling, the sum of six thousand nine hundred and seventy-two dollars, being the half pay of a major-general in the late American army, for the term of seven years.” Messrs. Boudinot, Thatcher, and Ashe, were then directed to bring in a bill. Mr. Boudinot pre- Bill, sented, on the 4th of August, a bill making an appropriation for Id P. 288, discharging the claim of Sarah Alexander, the widow of the late Major-general Lord Stirling, who died in the service of the United States, which was then read the first time, and, on the next day received the second reading, and was committed, con- d. P. 289, Passed by sidered in committee, and ordered to the third reading. On the ‘’” * 6th, the bill was passed and sent to the Senate, where it received 14. P. 291, HISTORY OF CONGRESS. 56] Chap. W. National Defence—Individual Claims. 1790. º, two readings on the same day, and was committed to Messrs. Schuyler, Butler, and Izard. Mr. Schuyler, on the 7th, report- ed amendments; namely:- Amend. “Strike out of the section all subsequent to the word ‘ that,” S. Journal, . * in the second line, and substitute as follows: “ The register of p.203,204. the treasury shall, and is hereby required to, grant unto Sarah, the widow of the late Major general Earl of Sterling, who died in the service of the United States, a certificate, to entitle her to a sum equal to an annuity for seven years’ half pay of a major general; to commence, as from the 14th day of January, 1783, in conformity to the act of the late Congress, passed on the 24th day of August, 1780; the amount for which the said certificate is to be granted, to be ascertained by the secretary of the treasury, and on similar principles as other debts of the United States are liquidated and certified. - “...And be it further enacted—That the said register shall grant unto Frances Eleanor Laurens, the orphan daughter of the late Lieutenant Colonel John Laurens, who was killed whilst in the Service of the United States, a certificate, to entitle her to a sum equal to an annuity for seven years’ half pay of a lieutenant co- lonel, to commence as from the 25th day of August, 1782, ac- cording to the act of the late Congress, of the 24th day of Au- - gust, 1780; the amount for which the said certificate is to be - granted, to be ascertained by the secretary of the treasury, in manner aforesaid. “And whereas, no provision hath heretofore been made for discharging the arrears of pension due to officers, non-commis- sioned officers, and soldiers, who were wounded and disabled whilst in the service of the United States; therefore, Be it further enacted—That each of the officers, non-commissioned officers, and Soldiers, who were so wounded and disabled, and who is now placed on the books, in the office of the secretary in the depart- ment of war, as a pensioner, or to be so placed, in conformity to any law of this Congress, shall receive from the register of the treasury, (who is hereby required to grant the same,) a certifi- cate, to be liquidated and settled in such manner as the secretary of the treasury shall direct, for a sum equal to the pension an- nually due to him, to commence from the time he became enti- tled thereto, or from the time to which the same had been paid, as the case may be, which shall be ascertained and certified by the said secretary for the department of war, and which annuity shall be liquidated to the 4th day of March, 1789; from which Vol. I.-71 562 HISTORY OF CONGRESS. CHAP. V. National Defence–Individual Claims. 1790. lºgº day the United States have assumed the payment of the pensions certified by the several states; and, in case of the death of any mº". person so entitled, the certificate shall pass to his heirs, or legal Senate, representative or representatives. “And be it further enacted—That the widow or orphan of each officer, non-commissioned officer, or soldier, who was killed, or died, whilst in the service of the United States, and who is now placed on the books in the office of the said secretary, is entitled to a pension by virtue of any act of the said late Congress, or any law of this Congress, and for whom provision has not been made by any state, and to whom any arrears of such pension are due, and which have arisen prior to the said 4th day of March, 1789, shall receive a certificate therefor, in like manner, and on the same principles, as certificates are by this act directed to be given to officers, non-commissioned officers, and soldiers, who were * wounded or disabled, as aforesaid. - “Expunge from the title all after the word ‘act,’ and substi- tute, “for the relief of the persons therein mentioned or de- scribed.’” Bill passed. It was then agreed to amend the bill so as to conform to this by Senate. report; and the bill, as thus amended, was passed, and returned to the House of Representatives for concurrence. On the 9th, House con- the House considered the amendments of the Senate, and agreed H. Journal, * to the same. - p. 294. Petition of On the 4th of May, 1790, a petition was presented to the Id, p.20% : . House of Representatives from Stephen Moore, of North Carolina, .# praying to receive compensation for the use and value of a cer- !. tain tract of land, at West Point, in the state of New York, on which had been erected the fortifications and arsenals of the º United States, which was referred to the secretary of the treasu- ry. The letter and report of the secretary of the treasury were, Id, p.23% on the 10th of June, referred to Messrs. Lawrance, Steele, and Brown. Mr. Lawrance, on the 15th, presented, from this com- [H. B.76.] mittee, a bill to authorize the purchase of a tract of land for the use of the United States; which was then read the first time, and, on the two following days, received the second and third Id. p. 24% reading, and was passed. 243. In the Senate, the bill was read the first and second time, on S. Journ! the 17th and 18th, and was referred to Messrs. Izard, Gunn, and p.163.16% Langdon. Mr. Izard, on the 25th, reported the bill without amendment. It was then moved to adopt the following clause thereof:— | HISTORY OF CONGRESS. 563 Chap. W. National Defence–Individual Claims. 1790. - 1st Congress. 2d Session. Billpassed, 3d Session. *- GEORGE Gibson, “That it shall be lawful for the President of the United States, and he is hereby authorized, to cause to be purchased, for the use of the United States, the whole, or such part of that tract of land, situate in the state of New York, commonly called West Point, as shall be by him judged requisite for the purpose of such fortifications and garrisons as may be necessary for the defence of the same.” And this question was decided in the affirmative by the fol- lowing vote:– - Yeas—Messrs. Butler, Carroll, Dalton, Few, Gunn, Henry, Johnson, Johnston, Izard, King, Lee, Paterson, Schuyler, Walker. —14. JVays—Messrs. Bassett, Elmer, Langdon, Maclay, Morris, Strong, Wingate.—7. - The bill was then ordered to the third reading; and, on the s. Journal, 28th, the bill was read the third time, and, on the question of its P.106,167. passage, the vote was as follows:– Yeas—Messrs. Butler, Carroll, Dalton, Few, Foster, Hawkins, Henry, Johnson, Johnston, Izard, King, Lee, Paterson, Schuyler, Walker.—15. Nays—Messrs. Bassett, Ellsworth, Elmer, Langdon, Maclay, Morris, Read, Stanton, Strong, Wingate.—10. The bill was therefore passed. - A petition was presented to the House of Representatives on 1791. the 24th of January, 1791, at the commencement of the third H. Journal, session of the first Congress, from George Gibson, praying com- p. 360. pensation for services rendered to the United States, during the late war. The petition was referred to Messrs. Giles, Wining, Id. p. 366. P. Muhlenberg, Mathews, and Wadsworth. Mr. Giles, on the 28th, made a report, which was taken up for consideration on Id. p. 381. the 16th of February, and the first part was disagreed to, in the following words: “That the petitioner, George Gibson, is, in justice, entitled to the sum of dollars from the United States, as a commutation for half pay of a continental colonel, agreeably to former resolutions of Congress.” On the 26th, the consideration of the report was resumed, when the House agreed to the latter part of the resolution; which reads as follows:– “That, in a most critical period during the late revolution, Id, p. 394. the petitioner undertook a fatiguing, hazardous, and important expedition, of a secret nature, and, by his fidelity and masterly 564 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims. 1791. 1st Congress, 3d Session. Bill, Bill post- poned. 2d Congress. 15t 8ession. New bill. Passed. where it was read the first time on the same day. The bill P. management in the execution thereof, procured advantages to the United States singularly important, without incurring any, or but a very trivial expense, for which he has hitherto received no compensation; and therefore the committee are of opinion, that he is justly and equitably entitled to the sum of dol- lars, as a reasonable compensation for his said services.” It was then ordered that Messrs. Giles, Wining, P. Muhlenberg, H. Journal, Mathews, and Wadsworth, prepare and bring in a bill. And on P. * the 28th, Mr. Giles presented a bill to compensate George Gib-Id. p. 398. son, which was then read the first time, and on the following day, received the second reading, and was committed. On the 2d, the bill was considered in committee, when an amendment Id, p.400. was reported, which was agreed to ; and the question being then Id, p.401, taken on the engrossment of the bill, it was decided in the af. firmative, by the following vote:– Ayes–Messrs. Ashe, Baldwin, Benson, Boudinot, Brown, Burke, Cadwalader, Carroll, Clymer, Contee, Fitzsimons, Floyd, Gilman, Giles, Hartley, Huntington, Jackson, Lawrance, Lee, Madison, jr., Muhlenberg, Scott, Seney, Sevier, Smith, of Maryland, - Smith, of South Carolina, Sumpter, Trumbull, Tucker, Wining, Wadsworth, White, Wynkoop.–33. - JWoes—Messrs. Ames, B. Bourne, Foster, Hathorn, Leonard, Li- vermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Thatcher, Williamson.—14. - On the same day, the bill was passed, and sent to the Senate, s. Journal, p. 305. was, on the following day, ordered to be postponed till the next " P. 307. session of Congress. - At the first session of the second Congress, on the 28th of 179% March, 1792, the Senate appointed Messrs. Morris, King, and S. Journal Cabot, to report a bill, compensating the services of the late pºº George Gibson; and a bill was reported on the 19th of April, when it was read the first time, and received the second and third reading on the 20th and 23d, when it was sent to the º: House of Representatives, where it was, on the following day, p. 309, read the first and second time, and committed to a committee of the whole house; and on the 8th of May, the bill was considered Id.p. 604, in committee, and no amendment being made thereto, was im- mediately read the third time, and passed. HISTORY OF CONGRESS. 565 CHAP. V. National Defence—Individual Claims. 1790. 1st Congress. 2d Session. DAVID Cook. 3d Session. 2d Congress. 1st Session, - * David Cook and Thomas CAMPBELL. A PETITION was presented to the House of Representatives, on H. Journal, the 24th of February, 1790, from David Cook, praying compen-Pº". sation for losses in the late war, which was referred to the secre- - tary of war, whose report was made on the 16th of March, and, Id. p. 176. on the 24th, was committed to Messrs. Burke, Trumbull, and 181. Thatcher. Mr. Burke, on the 5th of April, presented a bill 1d. p. 189. from this committee, entitled a bill for the relief of a certain description of officers therein mentioned; which was read the first and second time, and committed, and passed with an amend- ment on the 21st of April. In the Senate, the bill was read the Id. p. 197. first and second time, on the 21st and 22d of April, and was s. Journal, committed to Messrs. Schuyler, Hawkins, and Ellsworth, and P.133,194. was rejected on the 23d of the same month. On the 14th of February, 1791, at the third session, the peti- 1791. tion of Cook was again presented, and referred to the war de- H. Journal, partment, and a report was received on the 22d, which, on the p. 378,385. 26th, was referred to Messrs. Burke, Thatcher, and Mathews. Id. p. 399. On the 2d of March, Mr. Burke presented a bill for the relief of David Cook, which was then read the first time, and was not af. terwards acted on. -º- At the first session of the second Congress, on the 3d of No- Id, p. 448. vember, the petition of David Cook, late a captain in the third regiment of artillery of the state of Massachusetts, was again presented, and referred to the committee appointed to prepare a bill for making compensation to widows, orphans, and invalids, in certain cases. Mr. Wadsworth, from this committee, reported, on the 25th, a separate bill for the relief of David Cook, which was Id. p. 463. then read the first time, and on the 28th, received the second Id. p. 466. reading, and was committed to a committee of the whole house, by whom it was considered on the first of December, and re- ported without amendment. The bill was then amended by add- d. p. 392. ing to it a provision for the case of Thomas Campbell, who had 466. applied for a pension on account of wounds; and, thus amended, the bill was passed, and sent to the Senate for concurrence, where, Id, p. 467. on the 5th and 6th, it received the first and second reading, and s. Journal, was committed to the committee on the bill for making compen. P. “” sation to certain widows, orphans, invalids, and other persons. The bill was reported on the 9th without amendment, and was Id, p.354, afterwards passed with the following amendments:- 355. “Section 1, line 7. After the word ‘office,” insert “a sum equiva- lent to.” 566 HISTORY OF CONGRESS. CHAP. V. National Defence–Individual Claims, 1791. #º. “ Section 2, lines 4 to 7. Strike out the words from the to the T word ‘notwithstanding, inclusive, and substitute, ‘ Provided– That he return into the treasury office a sum equivalent to the whole of his commutation of half pay.’” Billpassed. On the 14th, the House of Representatives agreed to these - amendments. Joseph On the 9th of November, 1791, it was ordered by the Senate, S. Journal, * that Messrs. Few, Strong, and Butler, report a bill authorizing P.” the comptroller of the treasury to settle the accounts of Joseph Parmill. Mr. Few reported the bill on the 11th ; and on the 14th and 15th it received the first and second reading, and was re- ferred to Messrs. Burr, Wingate, and Sherman. There appears no subsequent proceeding on the Journal in reference to this bill. Wrrºrise. At the first session of the second Congress, the trustees of the 1792. *...* grammar school and academy of Wilmington, in the state of Dela- H. Journal, ware, presented a petition to the House of Representatives, P. 545, praying compensation for the injury done to the building during the war, which was referred to the secretary of the treasury. This report was referred, on the 23d of March, 1792, to Messrs. Id. p. 554, Wining, Mercer, and Ashe. Mr. Vining made a report on the 555. 29th, which was taken up on the following day, when it was con- sidered, and it was resolved, - - “That the sum of be allowed for the use of the grammar school and academy at Wilmington, in the state of Delaware, and that provision by law be made for that purpose.” Messrs. Wining, Mercer, and Ashe, were then directed to pre- pare a bill. The bill was introduced on the 31st, and was then Id, p. 56% read the first and second time, and committed to a committee of the whole house. On the 4th of April, the bill was considered Id, p. 563. in committee, and no amendment being reported, it was ordered to the third reading; and it was read the third time and passed on the next day. In the Senate, this bill was read the first and S. Journal, second time on the 5th and 6th, and was then ordered to the p.420,421. º third reading; and on the 10th it was referred to Messrs. Lang. Id. p. 423, don, Read, and Monroe, and, on the 11th, the committee having 424. Billpassed, reported, the Senate concurred in the bill. - - -º- #gº. On the 5th of March, 1790, a petition was presented to the 1790. c. House of Representatives, from Catherine Greene, relict of the HJournal, Girº, late General Greene, praying that an inquiry may be had on the P.” * HISTORY OF CONGRESS. 567 Chap. V. - National Defence—Individual Claims. - 1790. 1st Congress, 2d Session. 3d Session. 2d Congress. 1st Session. *- General Greene, claims and petition of her late husband, as exhibited to the late Congress, on the 22d of August, 1785. This petition was referred to Messrs. Gerry, Boudinot, Parker, P. Muhlenberg, and Smith, H. Journal, of South Carolina. Mr. Gerry made a report from this commit. P.” tee on the 29th of July, and, on the 30th, the report was consi– 1791. dered, and the petition was referred to the secretary of the trea-T sury. The secretary made a report to the House on the 26th of H. Journal, December. This report was considered in committee of the P. 481. whole, on the 10th, 20th, and 23d of January, when they report- 1792. ed that they had come to no resolution thereupon, and the com- H. Journal, mittee were then discharged from further proceeding on the re- * port. - - - On the 22d of February, 1792, it was moved that the House Id, p. 517, adopt the following motion:- - 518. “Whereas the late Major General Nathaniel Greene, on the 8th day of April, 1783, the more effectually to procure rations and supplies for the southern army of the United States, became bound as surety for John Banks and company, to Newcomen and Collet, merchants in Charleston, for the payment of eight thou- sand seven hundred and forty-three pounds, fifteen shillings, and six pence, sterling money, being the condition of said bond:— “And, whereas, on the first day of May, 1786, the balance of principal and interest of said bond, being then eight thousand six hundred and eighty-eight pounds, six shillings sterling, was paid by the said General Greene: Therefore, - “Resolved—That the United States shall indemnify the estate of the said General Greene for the said sum, last-mentioned, and the interest thereof: Provided—The executors of the said Ge- neral Greene shall account for a sum, being about two thousand pounds, be the same more or less, received of John Ferrie, one of the partners of the said Banks and company, to be in part of the indemnification aforesaid; and also shall make over, for the use of the United States, all mortgages, bonds, covenants, or other counter securities whatsoever, now due, which were obtained by the said General Greene, in his lifetime, from the said Banks and company, on account of his being surety for them as afore- said, to be sued for in the name of the said executors, for the use of the United States.” This motion was committed to a committee of the whole, and the subject was immediately taken up for consideration in com- 568 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims, 1792. *...º.º. mittee, occupying the 22d, 23d, and 24th, when the committee H. Journal, sion. General Greene. reported the motion amended as follows:— “The preamble as it has been already given. “Resolved—That the United States shall indemnify the estate of the said General Greene for the said sum, last mentioned, and the interest thereof, or for such sums, as, upon the investigation, by the officers of the treasury, of the transaction between John Banks and company, with Messrs. Newcomen and Collet, in which General Greene was security for the said Banks and com- pany, it shall appear that neither General Greene, nor his execu- tors, shall have received any payment or compensation for; Provided, the executors of the said General Greene shall account for a sum,” &c. &c. The subject was then discussed, and, being undetermined, was resumed on the 4th of April, when the previous question having been demanded, and it being decided that the main question should be put, the House adopted the resolution by the follow- ing vote:– Jºyes–Messrs, Ames, Baldwin, Barnwell, Benson, S. Bourne, B. Bourne, Findley, Fitzsimons, Gerry, Gregg, Hartley, Heis- ter, Key, Kittera, Lawrance, Learned, Lee, Livermore, Muh- lenberg, Murray, Page, Sedgwick, Sheridan, William Smith, Sterrett, Thatcher, Vining, Wadsworth, Willis.-29. Noes–Messrs. Ashe, Boudinot, Brown, Clarke, Giles, Gil- man, Goodhue, Gordon, Grove, Hillhouse, Jacobs, Kitchell, 1Macon, Moore, Niles, Seney, Jere. Smith, I. Smith, Steele, Sturges, Sumpter, Silvester, Tredwell, Ward, White, William- Son.—26. Messrs. Livermore, Page, and Barnwell, were then directed to bring in a bill; and, on the following day, Mr. Livermore in- troduced a bill to indemnify the estate of the late Major General Nathaniel Greene for a certain bond entered into by him, for the public service, during the late war, which was then read the first time. On the 6th, the bill received the second reading, and a motion was made to commit it to a committee of the whole on the first Monday in August next. The question being taken on this motion, it was decided in the negative by the following Vote:— Jāyes–Messrs. Ashe, Clarke, Giles, Grove, Kitchell, Macon, Madison, Moore, Schoonmaker, Seney, Jere. Smith, Steele, Sturges, Sumpter, Tredwell, Venable, Williamson.—17. Moes–Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, p. 518– 520. Id, p. 561, 562. Id. p. 563. Id. p. 564, 565. º HISTORY OF CONGRESS. . 569 CHAP. W. National Defence–Individual Claims. 1792. 2d Congress. 1st Session. General Greene. Passed by House. B. Bourne, Brown, Findley, Fitzsimons, Gerry, Gilman, Good- hue, Gordon, Gregg, Griffin, Hartley, Heister, Hillhouse, Hu- ger, Jacobs, Key, Kittera, Lawrance, Learned, Lee, Livermore, Mercer, Muhlenberg, Murray, Niles, Page, Parker, Sedgwick, Sheridan, I. Smith, William Smith, Sterrett, Silvester, Thatcher, Tucker, Vining, Wadsworth, Ward, White, Willis.-45. The bill was then committed for the following Monday. In the mean time, a petition had been presented from Henry Hill, on behalf of himself and others, praying that in any indemnity which may be granted to the estate of the late Major General Greene, in consideration of his security ship, for the late firm of Hunter, Banks, and company, due regard may be had to the claims of the petitioners and other bona ſide creditors of the said company. This petition was referred to Messrs. Findley, Bourne, of Rhode Island, and Tucker. A report was made by Mr. Findley, on the 10th, which was then referred to the committee of the whole house, on the bill to indemnify the es- tate of the late Major General Nathaniel Greene. On the 10th, the bill itself was taken up in committee of the whole, and several amendments were reported, which were agreed to by the House. The question, on the engrossment of the bill for the third reading, was then taken, and decided in the affirmative, as follows:– •Ayes–Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, B. Bourne, Findley, Fitzsimons, Gerry, Giles, Gordon, Gregg, Griffin, Hartley, Heister, Huger, Key, Kittera, Lawrance, Learned, Lee, Livermore, Madison, Mercer, Muhlenberg, Mur- ray, Page, Parker, Sedgwick, Sheridan, Wm. Smith, Sterrett, Thatcher, Venable, Vining, Wadsworth, Willis.-37. Noes–Messrs. Ashe, Boudinot, Brown, Clarke, Goodhue, Grove, Hillhouse, Jacobs, Kitchell, Macon, Moore, Niles, Schoonmaker, Seney, Jere. Smith, I. Smith, Steele, Sturges, Sumpter, Tredwell, Ward, White, Williamson.—23. On the 11th, the bill was taken up for the third reading, and the question on its passage was determined in the affirmative, by the following vote:- - Jºyes–Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, B. Bourne, Findley, Fitzsimons, Gerry, Giles, Gregg, Griffin, Hartley, Heister, Key, Kittera, Lawrance, Learned, Lee, Li- vermore, Madison, Mercer, Muhlenberg, Murray, Page, Par- ker, Wm. Smith, Sterrett, Thatcher, Venable, Vining, Wads- worth, Willis.—33. Noes–Messrs. Ashe, Boudinot, Brown, Clarke, Goodhue, Gordon, Grove, Hillhouse, Jacobs, Kitchell, Macon, Moore, Wol. I.-72 - H. Journal, p. 562,571. Id. p. 572, Id. p. 574. 570 HISTORY OF CONGRESS. CHAP. W. National Defence—Individuah Claims. 1792. 2d Congress. Niles, Schoonmaker, Seney, Jere. Smith, I. Smith, Steele, 1st Session. ------ ** Sturges, Sumpter, Tredwell, Ward, White, Williamson.—24. cººl The bill was then sent to the Senate, where, on the 11th and S. Journal, 12th, the bill was read the first and second time, and referred to P. * Messrs. Izard, Cabot, Strong, Johnston, and Ellsworth. Mr. Amended Izard, on the 19th, reported amendments, which were considered Id, p. 429, by Senate on the following day. It was then moved to amend the first pa- 430. ragraph of the bill, conformably to the report of the committee, as follows:— “Be it enacted, by the Senate and House of Representa- tives of the United States of America, in Congress assemi- bled—That the United States shall and will indemnify the estate of the late General Greene, for the sum of eight thousand six hundred and eighty-eight pounds, six shillings, sterling money, (being the amount due on the first of May, 1786, on a certain bond executed to Messrs. Newcomer, and Collet, by the said Ge- neral Greene, as surety for John Banks and company,) and the interest thereon: excepting therefrom a certain conditional bond, given in June, 1786, for about one thousand six hundred pounds sterling, (the same more or less) being part of the aforesaid sum of eight thousand six hundred and eighty-eight pounds, six shil- lings, which was to be paid only in case the said General Greene should recover from the said Banks, or Banks and company, a sum sufficient for his indemnity.” And the question being taken on this motion, it was decided in the affirmative, by the following vote:- Yeas—Messrs. Bradley, Cabot, Carroll, Dickinson, Ellsworth, - Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, Lang- don, Morris, Read, Sherman, Stanton.—17. Nays—Messrs. Monroe, Wingate.—2. It was then further agreed to amend the first proviso, in con- formity to the report of the committee, as follows:– | “ Provided—It shall appear, upon due investigation by the of. ficers of the treasury, that the said General Greene, in his lifetime, or his executors, since his decease, have not been already indem- nified or compensated for the said sum of eight thousand six hundred and eighty-eight pounds, six shillings, except as afore- said.” passed by On the 23d, the bill, as amended, was read the third time, and Id, p.4% Senate. passed; and the amendments received, on the next day, the con- H. Journal currence of the House of Representatives, p. 585, - - - HISTORY OF CONGRESS. 57.1 Chap. V. National Defence—Individual Claims. 1792–93. #gº." Connected with the settlement of General Greene’s accounts, H. Journal, Tº is the petition of James Warrington, attorney in fact of Joseph P. * * winning. Blachford, surviving partner of Hervies and Blachford, late of -- * Charleston, praying that the sum of seven thousand and fifty-two dollars, and ##ths of a dollar, with interest, due from the United States to the estate of John Banks, deceased, may be applied to the discharge of a claim of the petitioner’s constituents, against the estate of the late General Greene, on account of his security to them in behalf of the said Banks, on a contract to supply the late southern army with provisions. On the 12th of November, Id, p. 618. 1792, this petition was referred to Messrs. Giles, Livermore, and Findley. Mr. Giles made a report on the 1st of February, Id, p. 688. 1793, which was considered on the 20th, when the following re- 709. solution was adopted:— “Resolved—That the accounting officers of the treasury cause the sum of nine thousand seven hundred and sixty-eight dollars and ninety cents, charged to John Banks on the 31st day of De- cember, 1783, to be credited to the said John Banks, and that the sum so credited be charged to the account of such other per- son as, in their opinion, shall be justly chargeable therewith.” Messrs. Giles, Livermore, and Fitzsimons, were then directed to bring in a bill. A bill was introduced by Mr. Giles on the 21st, which was read the first and second time, and committed. Id. p. 711. The bill was considered in committee on the 27th, when an Id. p. 721, amendment was reported, and agreed to, and the bill was ordered 7”. to be engrossed for the third reading; and, on the following day, the bill was read the third time, and passed. In the Senate, the bill was read the first and second time, on the 28th of February, s. Journal, and the 1st of March, and was committed to Messrs. Ellsworth, P-498.500. Butler, and Cabot. Mr. Ellsworth reported on the 2d, that the Id, p. 502. committee be discharged, and the report was agreed to. The petition was then referred to the secretary of the trea- *Poned, sury, and the further consideration of the bill was postponed till the next session of Congress. -º- §§. A MEMORIAL was presented to the House of Representatives 1790. As... on the 10th of March, 1790, from Anthony Walton White, late H. Journal, Yº colonel of the first regiment of dragoons in the service of the Pº” " United States during the late war, praying to be reimbursed for moneys advanced for the support of the said first regiment, which memorial was referred to the secretary of war, with in- 572 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims. 1790, 1st Congress. 2d Session. Anthony Walton White. 3d Session. 2d Congress. 1st Session. 2d Session. first time, and then its further consideration was postponed un- struction to examine, and report to the House. The report of the secretary was laid before the House on the 1st of July; and, H. Journal, on the next day, was referred to Messrs. Baldwin, Steele, and p. 359. Foster. Mr. Baldwin made a report on the 16th, which was Id, p. 256. considered on the 20th, when the petition was again referred to †, 275. the war department for a more particular report. On the 21st of February, 1791, a second report was received 1791. from the secretary, which was ordered to lie on the table. It H. Journal, was not taken up for consideration during that session. But in P. 385. the first session of the second Congress, on the 5th of April, 1792–93. 1792, the report was considered, when so much of the report be- H. Journal, ing read as proposes “That the sum of one humdred and fifty P. 563. thousand dollars, paper currency, advanced by the memorialist for the support of his regiment of cavalry, during the late war, should be passed to the credit of the memorialist, at its specie value, on the final settlement of his public accounts, either with the state of Virginia, or the United States,” it was ordered that this be referred to Messrs. Boudinot, Moore, and Sumpter, with instruction to report a bill; and, on the 18th of April, Mr. Bou- Id. p. 580. dinot presented a bill for settling the demands of Anthony Wal- ton White against the United States, which was then read the first time, and, on the next day, received the second reading, and Id, p. 581, was committed to a committee of the whole house. This bill was considered in committee on the 4th of May, and being re-Id. p. 597. ported without amendment, was ordered to be engrossed for the third reading. The bill was read the third time on the 5th, and Id, p. 599. the question on its passage was determined in the affirmative by the following vote:— - •Ayes–Messrs. Baldwin, Barnwell, Benson, Boudinot, B. Bourne, Clarke, Dayton, Fitzsimons, Gilman, Gordon, Gregg, Griffin, Huger, Kitchell, Lawrance, Lee, Livermore, Muhlen- berg, Murray, Page, Parker, Seney, Wm. Smith, Sterrett, Sturges, Silvester, Tucker, Vining, Ward, Willis.-30. Moes—Messrs. Ames, Ashe, S. Bourne, Gerry, Giles, Good- hue, Grove, Heister, Hillhouse, Jacobs, Key, Macon, Niles, Schoonmaker, Jere. Smith, I. Smith, Steele, Sumpter, Thatcher, Tredwell, Venable, White, Williamson.—23. The bill was then sent to the Senate, where it was read the S. º p. 499. til the next session of Congress. On the 9th of November, the Senate appointed Messrs. Ru- Id. p. 457. therford, Sherman, and Wingate, a committee to bring in a bill HISTORY OF CONGRESS. - 573 Chap, W. National Defence—Individual Claims. 1793. #gº. authorizing the settlement of the demands of Anthony White - Walton against the United States; and, on the 21st of February, S. Journal, 1793, a bill was reported by Mr. Rutherford, which was read " 491,492. the first time on the 22d. On the following day, it was read the Id. p. 496. , second time. The question to agree to the enacting clause of - the bill was then decided in the negative, and the bill was or- dered to the third reading. On the 27th, the bill having been taken up for the third reading, it was ordered that the further Postponed, consideration be postponed. The bill was not again taken up during this session. -º- *gº. A PETITION of Comfort Sands, and others, was presented to 1791. - the House of Representatives on the 20th of January, 1791, H. Journal, - ºf praying that the proceedings of the former Congress, upon a P. 358. S.1 claim of the petitioners against the United States, might now be others, confirmed, and payment of the claim granted to them. The pe- tition was referred to the secretary of the treasury. A letter and report from the secretary of the treasury, on this subject, were laid before the House on the 25th of February, and referred to Id. p. 391, Messrs. Sedgwick, Williamson, and Benson, and, on the next 393. day, Mr. Sedgwick made a report, which was ordered to lie on the table. —º- *º. At the next Congress, on the 21st of December, the considera- 1791–92. **-tion of this report was made the order for the following Friday; H. Journal, and, on the last mentioned day, the report was referred to Messrs. p.479,480. Benson, Gregg, and Venable. From this committee, Mr. Ben- [H.B.190.] son, on the 27th of April following, presented a bill to confirm an Id, p. 591, award of referees between the United States and certain con- tractors, for furnishing supplies of provisions to the army during the late war, which was then read the first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole on the 1st of May, and Id. p. 594, an amendment was reported, which was agreed to by the house, 595. when the bill was ordered to be engrossed for the third reading: On the 2d, the bill was read the third time, and, on the question of its passage, the vote stood as follows:– ..ſlyes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Fitzsimons, Goodhue, Gordon, Hillhouse, Lawrance, Learned, Livermore, Page, Schoonmaker, Jere. Smith, I. Smith, Wm. Smith, Sierrett, Sturges, Silvester, Thatcher, Tucker, Wi- ning, Wadsworth, Ward. –25. 574 HISTORY OF CONGRESS. CHAP. W. 2d Congress. 1st Session. Bill reject- ed. 1st Congress. 3d Session. Joseph HENDER- 80N, 2d Congress. 1st Session. 2d Session. National Defence—Individual Claims. 1792. Noes—Messrs. Ashe, Baldwin, Brown, Clarke, Dayton, Giles, Gilman, Gregg, Grove, Heister, Key, Kitchell, Lee, Macon, Madison, Moore, Muhlenberg, Murray, Niles, Parker, Seney, Sheridan, Steele, Sumpter, Venable, White, Williamson.—27. The bill was thus rejected. -º- On the 6th of April, 1790, a petition was presented to the 1790. House of Representatives from Joseph Henderson, praying com- H. Journal, pensation for services rendered to the United States, during the P. 189, late war, as a paymaster in the navy. This petition was referred to the secretary of the treasury, with instruction to him to exa- mine the same, and report his opinion to the House. —sº- THERE appears to have been no report from the treasury de- 1792–93. partment on the subject of this petition until the 30th of April, H. Journal, 1792, in the first session of the second Congress; and this report P. 592. was not acted on during that session. - On the 20th of November, at the second session of this Con- Id, p. 622. gress, it was moved that there be allowed to Joseph Henderson, per annum, in compensation for his services as naval paymaster to the navy board, for the Eastern department, from the 5th day of August, 1778, to , 1782. It was then ordered that this motion, and the report of the secretary of the treasury on this case, be committed to a committee of the whole house. The subject was taken up, in committee, on the 22d; Id, p. 62% but no report being made, the committee of the whole were dis- charged from the further consideration of the matter, and it was referred to Messrs. Ames, B. Bourne, and Clarke. Mr. Ames made a report on the 2d of January, 1793, which was commit- Id, p. 66% ted to a committee of the whole. On the 18th, the committee #, 675, of the whole reported their disagreement to the report of the spe- cial committee; but the House refused to confirm this decision, and amended the resolution of the committee of the whole, to read as follows:— “ Resolved—That there be allowed to Joseph Henderson a yearly salary of one hundred dollars, for his services as paymas- ter to the navy board for the Eastern department, from the 10th day of August, 1778, to the 10th day of August, 1782, being four years; and that the officers of the treasury be authorized to HISTORY OF CONGRESS. 575 CBAP. W. National Defence—Individual Claims. 1793. 3 congress, pass the same to his credit, and to settle his account accord- 2d Session. **—ingly.” In this form, the resolution was adopted, and Messrs. Ames, H. Journal, B. Bourne, and Clarke, were directed to bring in a bill. Mr. p. 676. Ames reported a bill on the 25th, which was then read the first id, p. 692. and second time, and committed to a committee of the whole house. On the 5th of February, this bill underwent the exami- nation of the committee, and, being reported without amend- ment, was engrossed for the third reading. The bill was read Billpassed, the third time, and passed, on the following day. In the Senate, the bill received the first and second reading, on the 6th and 7th, s. Journal, and was referred to Messrs. Ellsworth, Gunn, Sherman, Strong, P-480,481. and Wingate. Mr. Ellsworth reported on the 15th, and the - bill was read the third time, and passed on the following day. -º- º On the 14th of April, 1790, at the second session of the first 1790. - Congress, a petition was presented from Henry Emanuel Lutter- Hjournal, Hesar loh, praying to be allowed the pay and emoluments of a colonel, P.” #. in consideration of military services rendered to the United Lon. States during the war. This petition was referred to the secre- tary of war. A report from the secretary was received on the 20th of May, which was referred to a committee, and their re- - port was taken up on the 2d of August, and disagreed to, and Id. p. 286, the petitioner had leave granted him to withdraw his petition. 287. **ion. At the third session of this Congress, on the 15th of December, d. p.357. a petition was presented to the House from the same individual, praying that his memorial might be reconsidered; and the peli- tion was rejected. ---º- †. ANoTHER petition from this petitioner was presented to the 1791. T House, on the 7th of December, 1791, at the first session of the IJournal. second Congress; and the petition was referred to Messrs. Grove, p. 469,470. Schoonmaker, and Bourne, of Rhode Island. Mr. Grove made a report from this committee, on the 8th of May, but there was Id. p. 604. no action on the report during this session. *śion. But, at the second session of this Congress, on the 22d of Ja- 1793. nuary, 1793, the report was taken up for consideration, and the HJournal, House adopted the following resolution:— p. 677. “Resolved—That the accounting officers of the treasury cause 576 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims. 1793. 3d gongress, the account of Colonel Henry Emanuel Lutterloh, for his travel- 2d Session. Bill. Rejected. 2d Congress. 1st Session. Thom As WISHART. 2d Session. ling and passage expenses, incurred in coming to America, and joining the army of the United States, in 1777, being seven hun- dred and forty-six dollars, to be settled, and the amount thereof to be paid out of the treasury of the United States.” It was then ordered that the same committee prepare and bring in a bill; and on the 31st, Mr. Grove, from this committee, H. Journal, introduced a bill, which was then read the first and second time, P. 687 and committed to a committee of the whole house. The bill was considered in committee, on the 5th of February, and no Id, p. 691. amendment being reported, was ordered to be engrossed for the third reading. The bill was passed on the 6th, and sent to the Id. p. 692. Senate, where, on the 6th and 7th, it was read the first and se- S. Journal, cond time, and committed to Messrs. Ellsworth, Gunn, Sherman, p.480,481, Strong, and Wingate. Mr. Ellsworth made a report from this committee on the 15th, and the bill was then rejected, Id. p. 487. -º- ON the 29th of November, 1791, a petition was presented to 1791. the House of Representatives, from Thomas Wishart, praying H. Journal, the settlement of his account for services as a captain in the late P. 465. army of the United States. The petition was referred to the secretary of war. - A petition was presented from the same individual at the next 1793. session of this Congress, to which the same reference was given. H. Journal, On the 22d of January, 1793, a report was received from the łº, secretary of war; and this report was, on the following day, re- 673. -- ferred to Messrs. Parker, Gordon, and Ashe. Mr. Parker made a report on the 25th, which was taken up by the House for con- Id, p. 680, sideration on the 29th, when the House came to the following re- solution:— - “Resolved—That Thomas Wishart is entitled to the pay of a Id, p.68% lieutenant in the army of the United States, from the 15th of November, 1776, until the fifteenth of October, 1781, and that the comptroller of the treasury be authorized to settle and ad- just the account of the said Thomas Wishart, accordingly. It was then ordered that Messrs. Parker, Gordon, and Ashe, bring in a bill. Mr. Parker, on the 31st, presented a bill to au- Id, p. 687. thorize the comptroller to settle the account of Thomas Wish- art, late a lieutenant in the army of the United States. The Id, p. 689, bill was, on the 5th of February, considered in committee, re- 692, HISTORY OF CONGRESS. 57.7 Chap. W. National Defence—Individual Claims. 1793. 2d Congress. 2d Session. Bill passed. 2d Congress. 1st Session. ELIJAH BosTwick. Billpassed, ported without amendment, and ordered to be engrossed for the s. Journal, third reading. And, on the 6th, the bill was passed, and sent to P-480,481. the Senate, where, on the same day, and the next, the bill was Id, p. 489. read the first and second time, and committed to Messrs. Ells- H. Journal, worth, Gunn, Sherman, Strong, and Wingate; and, on the 19th, p. 709. the bill was passed, with an amendment. The amendment was agreed to by the House of Representatives. -º- On the 7th of December, 1791, a petition of Elijah Bostwick 1791–93. was presented to the House of Representatives, praying to be reim- H. Journal, bursed the amount of certain costs of suit, which he had been com- P. 469. pelled to pay, for supplies purchased to the army of the United States, during the late war. This petition was referred to Messrs. Silvester, Key, and Grove. No report was made during the session. A like petition was presented from the same individual, at the next session, on the 4th of December, 1792, which was referred Id. p. 632. to the same committee. Mr. Silvester made a report on the 14th of January, 1793, which was taken up for consideration on Id, p. 693. the 6th of February, when the following resolution was adopted:— “Resolved—That there be allowed and paid to the said Elijah Bostwick, the sum of fifty-eight pounds, three shillings, and four pence, current money of New York, being the amount of costs which he incurred in defending a suit commenced against him as agent to the deputy commissary general of the northern de- partment, on public account.” - Messrs. Silvester, Key, and Grove, were then directed to bring in a bill. On the 8th, Mr. Silvester introduced a bill, for the re- Id, p. 695, lief of Elijah Bostwick, which was then read the first and se- cond time, and committed to a committee of the whole house. The bill was considered in committee on the 12th, when an Id. p. 700, amendment was reported, and the bill was ordered to the third 79* reading. And, on the next day, the bill, as amended, was read the third time, and passed. In the Senate, the bill was read the first and second time on the 14th and 15th, and was committed s. Journal, to Messrs. Ellsworth, Gunn, Sherman, Strong, and Wingate. p. 486,487. Mr. Ellsworth reported on the 25th, and on the 28th the report Id. p. 494. was considered. A motion that the report of the committee of Id. p. 498, the House of Representatives be read, and also another motion 499. to agree to that report and report the bill, were successively de- cided in the negative, and the bill was then ordered to the third Id. p. 500. reading. On the following day, the bill was passed. - Wol. I.-73 578 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims, 1791. 1st Congress. 3d Session. SIMEON THAYRE. 2d Congress, 2d Session. Bill passed. A PETITION of Simeon Thayre was presented to the House on H. Journal, the 30th of December, 1790, praying to be placed on the list of P. 346. pensioners, in consideration of a wound received in the service of the United States during the late war. The petition was re-Id, p.393. | ferred to the secretary of war. A report was received from the secretary on the 26th of February, 1791. —e- This report was, on the 17th of December, 1792, ordered to 1792–93. be committed to a committee of the whole house; and, on the H. Journal, 6th of February, 1793, the report was considered in committee, P. 650, and the House adopted the following resolution:- Id. p. 693, “Resolved—That Simeon Thayre, late a major in the army of the United States, who was disabled at the battle of Mon- mouth, be placed on the pension list of the United States: that he be allowed the half pay of a major, from the first of Janua- ry, 1781, provided he return his commutation of half pay, with the interest thereon.” Messrs. B. Bourne, Gilman, and I. Smith, were then directed to prepare and bring in a bill. On the 7th, Mr. Bourne presented Id, p.695. a bill for the relief of Simeon Thayre, which was read the first and second time, and committed to a committee of the whole house. The bill was considered in committee on the 9th, and Id. p. 698, an amendment was reported, which was agreed to by the House, * and the bill was ordered to be engrossed for the third reading. On the following day the bill was read the third time, and passed. This bill was read the first and second time in the Se- nate, on the 11th and 12th, and was committed to Messrs. Ells- s. Journal, worth, Gunn, Sherman, Strong, and Wingate. The bill was p.483,484. amended on the first of March, and ordered to the third read- Id. p. 501, ing, and, on the next day, the bill was read the third time. An Id. p. 502. unsuccessful motion was then made to postpone the consideration of the bill to the next session of Congress. The question to con- cur in the bill as amended, was then decided in the affirmative, by the following vote. Yeas—Messrs. Bassett, Burr, Dickinson, Edwards, Few, Fos- ter, Gunn, Henry, Johnston, Izard, Monroe, Morris, Potts, Read, Rutherford, Stanton, Taylor.—17. Nays—Messrs. Brown, Butler, Cabot, Ellsworth, Hawkins, King, Sherman.—7. s On the same day, the consideration of the amendment came I. P. 732, on in the House of Representatives, when the question to agree 733, HISTORY OF CONGRESS. 579 Chap. W. National Defence—Individual Claims. 1793. §§º to the same, was decided in the negative, by the following vote:— ..?yes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Gilman, Gregg, Hartley, Lawrance, Lee, Livermore, Parker, Sedgwick, Wm. Smith, Thatcher, Tredwell, Willis.-17. Noes—Messrs. Boudinot, Clarke, Findley, Fitzsimons, Green- up, Grove, Heister, Kitchell, Macon, Madison, Moore, Muh- lenberg, Murray, Niles, Orr, Silvester, Jere. Smith, Steele, Sturges, Sumpter, Williamson.—21. The Senate then receded from their amendment. -- #º. A PETITION was presented to the House of Representatives on 1792–93. * the 11th of April, 1792, from Ephraim Kimberty, praying per- H. Journal, E. KIM- mission to locate a warrant, received from the board of war, for p. 574. * three hundred acres of western land, on the range of Indian Id, p. 668. Short Creek, on the bank of the river Ohio. At the next ses- 2d Session. Sion, on the 12th of January, 1793, this petition was referred to Id. p. 705. Messrs. Hillhouse, Findley, and Greenup. On the 18th of Fe- bruary, Mr. Hillhouse made a report, and the House adopted the following resolution:- “Resolved—That the petitioner be permitted to locate the land warrant, issued in his name, for his services in the late army, upon the land which he now occupies: Provided–He do not cover any landholders, under any grant or survey of the United States, heretofore made.” It was then ordered, that Messrs. Hillhouse, Findley, and Billcom. Greenup, bring in a bill. The bill was reported on the 28th, id. p. 723. - * when it was read the first and second time, and committed to a Not acted committee of the whole house for that day. But it was not af- On. terwards acted on. -º- #º. ON the 24th of January, 1792, a petition was presented to the 1792. Tº House of Representatives from Charles Garanger, in behalf of H.J. Channes himself and his brother, Lewis Garanger, praying compensation p. 495. tº. for services rendered during the late war, which was referred to Id, p. 587. * Messrs. Dayton, Williamson, and Smith, of South Carolina. A report was made from this committee on the 26th of April. **ion. This report was not taken up until the next session, when it Id. p. 628. was committed, on the 27th of November, to a committee of * 580 HISTORY OF CONGRESS. CHAP. V. National Defence—Individual Claims. 1792–93. #gº. the whole house; and, on the 29th, it was considered, and the IOIl. - - - House passed the following resolution:- “ Resolved—That the comptroller of the treasury be empow- ered and directed to adjust and settle the accounts of Lewis Ga- ranger, as a captain of artillery, from the 29th of September, 1780, until the establishment of the peace.” Messrs. Madison, Williamson, and Wm. Smith, were direct- ed to prepare and bring in a bill. A hill was introduced on the 6th of December, which was read the first and second time, and committed. On the 1st of January, 1793, the bill was consi- dered in committee, and reported with an amendment, which was agreed to, and the bill was ordered to be read the third time. On the following day the bill was passed, and sent to the Se- nate, where it was read the first and second time on the 2d and 3d, when the petition and papers were referred to the secretary of war. On the 21st, a report was received from the war de- partment, and, with the bill, was referred to Messrs. Sherman, Hawkins, and Brown. This committee, on the 4th of February, Bill reject- reported a state of facts, and the bill was amended, and ordered ed. to the third reading. On the 9th, the bill was rejected. Further petitions from this petitioner were presented to the Senate on the 11th of February, and to the House of Represent- atives on the 12th. The latter was referred to the secretary of the treasury, whose report was received on the 2d of March, and was not acted on. ---> - #º. THE bills, in the following cases, originated in the Senate. † A petition was presented to the House of Representatives, on BARoN DE - Gº, the 15th of May, 1789, from Baron de Glaubeeck, praying the * consideration of Congress, for certain losses and military ser- 2d Session. vices during the late war. On the 23d of July, 1790, a second petition from this individual was presented, praying the atten- tion of Congress to his former petition. These petitions were, on the 28th, referred to Messrs. Page, Sumpter, and Heister; and, on the 31st, Mr. Page made a report, which was considered on the 21st of September, when the following resolution was passed:— “Resolved—That the Baron de Glaubeeck be allowed the pay of a captain, while he commanded the legionary corps in the state of North Carolina; to wit: from the 9th day of March, 1781, to the 24th day of Angust, 1782, having undertaken the command - º H. Journal, p. 634. Id. p. 660, - S. Journal, p. 467. Id. p. 472. Id. p.478 483. Id. p. 483. H. Journal, p.700,730. 1789–90. H. Journal, p. 35. 65. Id. p. 67. Id, p. 116 HISTORY OF CONGRESS. - 581 Chap, W. National Defence—Individual Claims. 1790. - 1st Congress, thereof at the request and by order of the commander-in-chief 2d Session. *— of the southern army.” This resolution was sent to the Senate, where it was con- S. Journal, curred in on the 24th, and referred to Messrs. Izard, Gray- P. * * son, and Carroll, with instruction to bring in a bill. A bill was reported on the same day, and read the first time, and was read Îd. p. 91. the second and third time on the 29th, and was passed. On the * Billpassed, same day, the bill passed through all its stages in the House of Representatives, as it was the last day of the session. --º- 2d Congress. 2d Session. - GENERAL MERCER. Billpassed, was then read the third time, and passed. On the 18th of February, 1793, Mr. Monroe submitted the 1793. following resolution to the Senate for consideration:- “Resolved—That the secretary of the treasury be instructed s. Journal, to revise the account of the pension granted by Congress for the Pº education and board of Hugh Mercer, son of the late General Mercer, from its date to the present period, and correct any error which may have taken place therein, paying all arrearages, if any, now due: and that he likewise pay, hereafter, without ac- count, annually, and until his education shall be completed, for that purpose, to the guardian of the said Hugh, the sum of four hundred dollars.” This motion was, on the 19th, referred to Messrs. Monroe, Id, p. 494. Ellsworth, and Butler. From this committee, Mr. Monroe, on the 25th, reported a bill, which was then read the first time, and Id, p. 496. on the 27th was read the second and third time, and passed, with the title “An act providing an annual allowance for the education of Hugh Mercer.” The bill having received the first reading in the House of Representatives on the same day, met H. Journal, with opposition, and the question, “Shall the said bill be reject- P. 7”. ed?” was then put and decided in the negative. The bill was then read the second time, and committed to a committee of the whole house; and, on the 1st of March, the bill was considered Id, p. 725. in committee, and was reported without amendment. The bill -- Enenezºn. At the first session of the second Congress, on the 27th of 1792–93. StoneR. March, 1792, Mr. Cabot presented to the Senate a resolution s, journal, of the legislature of Massachusetts, on the petition of Charles P. *7. Knowles and others, late regimental paymasters and agents of that state's quota of the continental army, which was referred to the secretary of war. On the 27th of February, 1793, the se- id. p. 497. 500, 582 HISTORY OF CONGRESS. CHAP. V. National Defence–St. Clair's Defeat. 1793. #gº cretary of war made a report to the Senate on the subject, which was referred to Messrs. Cabot, Ellsworth, and Monroe; and, on the 1st of March, Mr. Cabot, from this committee, reported a bill which then went through all the various readings, and was passed, with the title “An act providing for the compensation of Ebenezer Storer.” In the House of Representatives, the bill H. Journal, was read the first and second time on the same day, and was com-" 726. mitted to a committee of the whole house. The bill was consi- dered the next day in committee of the whole, and was report- d. p. 733. ed without amendment. It was then ordered that the further Bill post consideration of the bill be postponed till the next session of poned. Congress. -º- 2d Congress. THE following message was communicated by the President 1791–92. 1st Session. - - - sºcºs of the United States, to the two houses of Congress, on the 12th H. Journal, Dººr, of December, 1791. p. 471. “ United States, December 12, 1791. * Gentlemen of the Senate, and of the House of Represent- ałives:— Message of - “It is with great concern, that I communicate to you the in- President, formation received from Major General St. Clair, of the misfor- tune which has befallen the troops under his command. “Although the national loss is considerable, according to the state of the event, yet it may be repaired without great difficulty, excepting as to the brave men who have fallen on the occasion, and who are a subject of public as well as private regret. “A further communication will shortly be made of all such matters as shall be necessary to enable the legislature to judge of the future measures which it may be proper to pursue. “GEORGE WASHINGTON.” On the 27th of March, 1792, it was moved that the House do Id.p.551, come to the following resolution:— 552. Motion for “Resolved—That the President of the United States be re- º.. quested to institute an inquiry into the causes of the defeat of the army under the command of Major General St. Clair; and, also, into the causes of the detentions or delays which are suggested to have attended the money, clothing, provisions, and military stores, for the use of the said army, and into such other causes as may in any manner have been productive of the said defeat.” A division of the question being demanded, the question was taken on agreeing to the first clause of the resolution, ending | HISTORY OF CONGRESS. 583 Chap, W. National Defence—St. Clair's Defeat. 1792. #º with the words “St. Clair,” and was decided in the negative, as T.I., follows:– .." s .7yes–Messrs. Ashe, Boudinot, Clarke, Findley, Giles, Good- hue, Heister, Kitchell, Lee, Macon, Page, Parker, Schoonmaker, Seney, Sumpter, Silvester, Thatcher, Tredwell, Venable, Ward, Willis.-21. Noes—Messrs. Ames, Baldwin, Barnwell, Benson, S. Bourne, B. Bourne, Brown, Fitzsimons, Gilman, Gordon, Gregg, Griffin, Grove, Hartley, Hillhouse, Huger, Key, Learned, Livermore, Madison, Mercer, Moore, Muhlenberg, Murray, Niles, Sedg- wick, Jere. Smith, I. Smith, William Smith, Steele, Sterrett, Sturges, Vining, White, Williamson.—35. Negatived. The motion was therefore rejected. It was then moved that the House do come to the following resolution:- Motion for “Resolved—That a committee be appointed to inquire into *...* the causes of the failure of the late expedition under Major Ge- adopted, neral St. Clair; and that the said committee be empowered to call for such persons, papers, and records, as may be necessary to assist their inquiries.” And the question on this motion being put, it was decided in the affirmative by the following vote:– w?yes–Messrs. Ashe, Baldwin, S. Bourne, B. Bourne, Brown, Clarke, Findley, Fitzsimons, Giles, Gilman, Gordon, Gregg, Griffin, Grove, Hartley, Heister, Huger, Key, Kitchell, Kittera, Lee, Livermore, Macon, Madison, Mercer, Moore, Muhlenberg, Murray, Niles, Parker, Sedgwick, Seney, Jere. Smith, Steele, Sterrett, Sturges, Silvester, Tredwell, Tucker, Vining, Ward, White, Williamson, Willis.-44. Noes—Messrs. Ames, Barnwell, Benson, Goodhue, Hillhouse, Page, Schoonmaker, I. Smith, Wm. Smith, Sumpter.—10. It was then ordered that Messrs. Fitzsimons, Giles, Steele, Mercer, Vining, Clarke, and Sedgwick, be appointed the said committee. On the 4th of April, the House, on motion, adopted the fol- lowing resolution:- rº on “Resolved—That the President of the United States be re- l - for #. quested to cause the proper officers to lay before this House such *on papers of a public nature, in the executive department, as may be necessary to the investigation of the causes of the failure of ... the late expedition under Major General St. Clair.” Committee. Fº It was then ordered that Messrs. Fitzsimons, Giles, and Steele, H. Journal, p. 552. Id. p. 561. 584 HISTORY OF CONGRESS. CHAP. V. - National Defence—St. Clair's Defeat. 1792. #º be appointed a committee to wait on the President of the United T. States, with the foregoing resolution. On the 10th of April, Mr. Gerry was appointed on the com- H. Journal, mittee of inquiry in the room of Mr. Sedgwick; and, on the 12th, Pº" Mr. Findley was appointed in the room of Mr. Gerry. Mr. Fitzsimons made a report on the subject, on the 8th of May, Id. p. 605. when the House adopted a resolution to proceed, early in the Report next session, to take the said report into consideration, and or- P*P* dered one hundred copies of the report to be printed for the use of the members of the House. St. Clair’s defeat. 2d Session. Soon after the reassembling of Congress, on the 7th of Novem- id. p. 614, Report ber, 1792, the report of the committee was referred to a com- 619. * mittee of the whole house; and, on the 13th, on motion, the House came to the following resolutions:— calls for in- “Aesolved—That the committee of the whole house, to whom formation is referred the report of the committee appointed to inquire into the causes of the failure of the expedition under Major General St. Clair, be empowered to send for persons, papers, and records, for their information. “Resolved—That the secretary of the treasury be directed to cause to be laid before this House a statement of the several dis- bursements of money made by the department of war, in the years 1790 and 1791.” Docu- On the 14th, the speaker laid before the House a letter from Id. p. 620. . the secretary of war, together with a memorial of Samuel Hodg- don, late quarter master general to the army, respectively pray- ing that they may be heard, and permitted to give information and explanations as to the causes of the failure of the expedition; and then the order for the House to go into committee on the - subject being called for, it was moved that the committee of the - whole be discharged from the consideration thereof; and that the - report, with all the documents, including those now presented, be recommitted to Messrs. Fitzsimons, Giles, Steele, Clarke, and subject re. Findley. This motion was agreed to, and the whole subject was committed recommitted. Mr. Giles, from this committee, made a revisionary report on the 15th of February, 1793; and this report was committed to a 1793, committee of the whole house, for the following Wednesday. But H. Journal, the report was not again taken up for consideration during the Pº SeSSIOil, - On the 2d of March, the House, on motion, adopted the fol. Id. p. 733. lowing resolution:- - HISTORY OF CONGRESS. 585 Ch.A.P. V. National Defence—St. Clair's Defeat. 1793. #gº “ Resolved—That the sum of one dollar per day be allowed to sºciº the witnesses who attended the committee appointed to inquire dº." into the causes of the failure of the expedition under General Payofwit St. Clair, for the time they attended, by order of the committee; * and the sum of one hundred and fifty dollars to the clerk em- ployed by them, for his services, to be paid by the clerk of this House, and charged to the account of contingent expenses.” The following order was also adopted by the House. Copying “Ordered—That the clerk of this House be directed to suffer H. Journal, of papers, such persons as have given in statements of their public conduct P. 734, to the committee appointed to inquire into the causes of the failure of the expedition under General St. Clair, to take copies of all, or any such statements.” -º- - #º. On the 25th of January, 1792, the House of Representatives 1792. ** adopted the following resolution:- - — Resolution “Resolved—That the President of the United States be re- H. Journal, #. quested to cause to be laid before this House copies of the offi- p. 497. Yania. cial communications which have taken place between the go- vernor of the state of Pennsylvania, and the secretary of war, with respect to the raising of troops within and under the direc- tion of the said state.” Messrs. Dayton, Smith, of South Carolina, and Brown, were appointed a committee to wait on the President with the reso- Pution. - - - The reference to this resolution does not appear on the Jour- mal. - - WoL. I.-74 586 HISTORY OF CONGRESS. CHAP. VI. Navigation, Commerce, Trade, &c. I789, 1st Congress. 1st Session. C HAPTIER WI. Encouragement of Navigation—Light-House Bill—Light-House in Charleston Harbour, and at Sandy Hook, ceded—Bills to erect and finish Light-Houses at Portland Head, Montuk Point, and Bald Head—Registering and clearing Ves- sels—Enrolling, licensing, and recording Ships—Responsibility of Freighters— Obstructions by Ice—Protection of Fisheries—Seamen in Merchants' Service —Exportation of Goods not duly inspected—New Hampshire Petitions—Trade with other Powers in North America—Mediterranean Trade—Trade with Great Britain and Foreign Nations, generally—Treaty with Emperor of Mo- rocco–Rix Dollar of Denmark—Importations from Rhode Island—Tonnage Acts of Maryland, Georgia, and Rhode Island—Bankruptcy—Relief of Per- sons imprisoned for Debt—Weights and Measures. ON the 7th of August, 1789, a motion was made in the House H.Journal, of Representatives, and agreed to, that the House come to the P. 73. following order:— committee “Ordered—That a committee be appointed to bring in a bill, to bring in or bills, for the further encouragement of the commerce and bill for en- - - - ... n navigation of the United States.” ment of - 7 ºn ºn - - - :=4: - - ... A committee was accordingly appointed, consisting of Messrs. and naviga- Gerry, Trumbull, and Burke. No report emanated from this tion. committee. Light- On the 2d of June, an instruction was, on motion, given to the Id. p. 44. ** committee for introducing a bill to regulate the collection of imposts and tonnage, that they prepare and bring in a bill di- recting the mode of registering and clearing vessels, ascertaining their tonnage, and for regulating the coasting trade, pilots, and light-houses. And, on the 1st of July, Mr. Gerry, from this com- Id. p. 57. [H. B. 12.] mittee, presented a bill for the establishment and support of - light-houses, beacons, and buoys, and for authorizing the several states to provide and regulate pilots, which was read the first time, and, on the next day, received the second reading, and was committed to a committee of the whole house. The bill was Id. p. 62. considered in committee on the 17th, and several amendments were reported, which were agreed to by the House, and the bill was ordered to the third reading. On the 20th, the blanks Id, p. 63. Passed by having been filled up, the bill was read the third time, and * passed. The bill was read the first time in the Senate, on the 21st, and on the 23d received the second reading, and was com- w - HISTORY OF CONGRESS. 587 CHAP. VI. Navigation, &c.—Light-Houses. 1789. 1st Congress, mitted to Messrs. Morris, Langdon, and Dalton. On the next 1st Session. - - - - * day, the committee reported amendments to the bill, which were under consideration on the 28th, 29th, 30th, and 31st, when the bill was concurred in with the following amendments:– Amend. “In the title of the bill, after ‘beacons,’ strike out “and,” and, S. Journal, . * after buoys, insert and public piers.' p. 48–51. “Line 1. Strike out the whole of the section, except the word ‘that,’ and insert “all expenses which shall accrue from and af. ter the 15th day of August, 1789, in the necessary support, maintenance, and repairs, of all light-houses, beacons, buoys, and public piers, erected, placed, or sunk, before the passing of this act, at the entrance of, or within, any bay, inlet, harbour, or port of the United States, for rendering the navigation there- of easy and safe, shall be defrayed out of the treasury of the United States: Provided, nevertheless, that none of the said ex- penses shall continue to be so defrayed by the United States, af. ter the expiration of one year from the day aforesaid, unless such light-houses, beacons, buoys, and public piers, shall, in the mean time, be ceded to, and vested in, the United States, by the state or states respectively, in which the same may be, together with the lands and tenements thereunto belonging, and together with the jurisdiction of the same.’ “Line 11. Strike out the whole section. “Line 15. After the word ‘states,’ insert “in manner aforesaid.’ “Line 18. After the word ‘ contracts,’ strike out the whole of the remaining part of the section, and insert which shall be ap- proved by the President of the United States, for building a light- house near the entrance of Chesapeake Bay, and for rebuilding, when necessary, and keeping in good repair, the light-houses, beacons, buoys, and public piers, in the several states, and for furnishing the same with all necessary supplies; and also, to agree for the salaries, wages, or hire, of the person or persons appointed by the President for the superintendence and care of the same.’ “And be it further enacted—That all pilots in the bays, inlets, rivers, harbours, and ports, of the United States, shall continue to be regulated in conformity with the existing laws of the states, respectively, wherein such pilots may be, or with such laws as the states may, respectively, hereafter enact for the purpose, un- til further legislative provision shall be made by Congress.” º con. On the 3d, the House of Representatives agreed to the amend- H. Journal, - ments, and the bill was passed with the title of “An act for the P'79. establishment and support of light-houses, beacons, and buoys.” 588 HISTORY OF CONGRESS. - Chap. VI. Navigation, &c.—Light-Houses. 1790. 1st congress. On the 26th of February, 1790, the members from South Ca- H. Joumi 2d Session. - - ** ***— rolina presented to the House a copy of an act of that state, en- p. 164. hº titled “An act for ceding to, and vesting in, the United States, º the light-house on Middle Bay Island, within the bar of Charles- .." ton harbour.” And on the 27th of April this act was referred to Id. p. 203. the secretary of the treasury, with instruction to examine the same, and report his opinion thereupon to the House. Light- The President of the United States, in a message to the two Id, p. 189. º, * houses, on the 5th of April, transmitted an act of the legislature Hook, of New York, entitled “An act for vesting in the United States Nº. of America the light-house, and lands thereunto belonging, at Sandy Hook.” This exemplification of the act of New York was then committed to Messrs. Page, Benson, and Seney. This Id, p. 203. committee was discharged from the consideration of the act, on the 28th of April, and it was referred to the secretary of the treasury, with instruction to take order pursuant thereto. Bill to a- On the 14th of July, the House appointed a committee, to con- Id, p.269, #.house sist of Messrs. Smith, of South Carolina, Sinnickson, and Foster, “” açt. to prepare and bring in a bill to amend the act “for the esta- blishment and support of light-houses, beacons, buoys, and pub- [H. B. 84.] lic piers;” and on the same day, the bill was introduced, read the first and second time, and ordered to the third reading. On the Billpassed, next day, it was read the third time and passed. The bill went • through its several stages in the Senate, on the 16th, 17th, and S. Journal 19th, and was passed. p. 181,182. The House of Representatives, on the 5th of August, came to H. Journal, {he following resolution:— p, 289. Bill to “Resolved—That the secretary of the treasury, under the di- * rection of the President of the United States, do take measures house at Portland for finishing the light-house at Portland Head, in the district of §: Maine:–Provided, the expense in finishing the same do not ex- ceed fifteen hundred dollars.” Messrs. Thatcher, Partridge, and Trumbull, were then direct- d. p. 290, [H. B. 97.] ed to bring in a bill. The bill was introduced on the same day, 291. was read the first and second time, considered in committee, and ordered to be engrossed; and on the next day, it was read the Billpassed, third time and passed. In the Senate, the bill passed through S. Jourº the various stages on the two next succeeding days. p.200.20% The Senate bill [No. 23] “to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers,” has not been noticed in the preceding chapter. - - HISTORY OF CONGRESS. 589 Chap, WI. Navigation, &c.—Light-Houses. 1792. *'''". ON the 1st of March, 1792, the Senate appointed Messrs. Burr, S. Journal, * Gunn, and Morris, to be a committee to consider the expediency P.491494. Bill to of building a light-house on Montuk Point, on Nassau Island, in - tºº. the state of New York; and, if they deemed it expedient, to re- - Montuk port a bill. Mr. Burr, on the 6th, reported a bill which was then Id, p. 410. Point. read the first time; and on the 15th, several amendments were made, and the bill was then recommitted, with an instruction to report such further amendments as, on inquiry, may be found re- quisite. Mr. Burr, on the following day, reported amendments, which were agreed to, and, on the 19th, the bill was passed, and S. Journal, sent to the House of Representatives, where it was read the first p. 411. and second time on the 20th, and committed to a committee of H. Journal, the whole house; and on the 7th of April, it was considered in P. 541. committee, and no amendment being made, was read the third Id. p. 567. Billpassed, time, and passed. Bill to On the 2d of March, the House of Representatives appointed Id, p. 525, * a committee, consisting of Messrs. Grove, Key, and Barnwell, 527. Bald Head, to bring in a bill for finishing the light-house on Bald Head, Nº. at the mouth of Cape Fear river, in North Carolina; and, on the - 5th, Mr. Grove presented a bill, which was read the first and se- id. p. 545. cond time, and committed to a committee of the whole house. 547. [H.B.168.] The bill was considered in committee on the 23d of March, when it was reported without amendment, and ordered to be en- grossed. On the next day, the blank being filled up, it was read ºilpassed, the third time and passed. In the Senate, on the 26th and 27th, S. Journal, the bill was read the first and second time, and was referred to Pº" Messrs. Johnston, Langdon, and Sherman. The committee re- ported on the 28th, when the bill was read the third time, and concurred in. - - Bill sup. In the Senate, on the 5th of April, Mr. Izard, from a commit- Id, p. 419, ſº. tee appointed on the 2d, reported a bill supplementary to the 420. house act, act for the establishment and support of light-houses, beacons, [S, B. 34.] buoys, and public piers, which was then read the first time, and, Id, p. 421. on the next day, having been read the second time and amended, Billpassed, was read the third time and passed. The House, on the 7th, H. Journal, proceeded to act on this bill, when it went through all its stages, P. 567. and was returned to the Senate with an amendment, and, on the S. Journal, 9th, the Senate agreed to the amendment. p. 422. *Session. The following order was passed by the House of Representa- 1793. tives on the 26th of February, 1793:- H. Journal, - . . . . . . . ... p. 719. ` “Ordered—That a committee be appointed to bring in a bill p to provide for the expense of supporting light-houses not ceded 590 - HISTORY OF CONGRESS, CHAP. VI. Navigation, &c.—Registering and Clearing Vessels, &c. 2d Congress to the United States, and that Mr. Fitzsimons, Mr. Griffin, and 2d Session. - - *— Mr. Tredwell, be the said committee; and, on the following day, º Mr. FitzSimons reported a bill supplementary to the act for the fy to fight establishment and support of light-houses, beacons, buoys, and ** public piers, which was then read the first and second time, and [H.B.241.] committed to a committee of the whole house. The bill was then considered in committee, and several amendments were re- ported, which were agreed to by the House, and the bill was or- dered to be engrossed. On the 28th, the bill was read the third Bill passed, time and passed. In the Senate, the bill received the first read- ing on the same day, and, on the 1st of March, was read the se- cond and third time, and passed. —sº- 1st congress. THE same committee to whom was deputed the first light- *** - house bill, was also instructed to bring in a bill directing the mode Registen of registering and clearing vessels, ascertaining their tonnage, ... &c. In pursuance of this instruction, Mr. Gerry, on the 24th vessels, of July, 1789, introduced, from this committee, a bill for regis- Bill for re-tering and clearing vessels, ascertaining their tonnage, and for :* regulating the coasting trade, which was then read the first time; an clear ing vessels, the bill was read the second time on the 28th, and committed to º a committee of the whole house, and the House then went into trade, and committee on the bill. The subject occupied the committee on fºr: the 29th and 30th, when several amendments were reported, - . which were agreed to on the following day, and the bill was or- [H. B. 16.) dered to the third reading. On the 3d of August, this bill was recommitted to the committee of the whole; and on the next day the bill, having again passed through committee, by whom several amendments were reported, was ordered to the third Bill passed, reading. On the 5th, the bill was read the third time, and passed, with the following title: “An act for registering and clearing vessels, regulating the coasting trade, and for other purposes.” In the Senate, this bill received the first reading on the 6th, and, on the 10th, was read the second time, and committed to Messrs. Morris, Dalton, Langdon, Butler, and King. Mr. Morris re- ported sundry amendments on the 17th, which were considered on the 20th, 21st, 22d, and 25th, when the bill was concurred in with sixty-nine amendments. The consideration of these amendments occupied the House on the 26th and 27th, when the whole of them were agreed to, with two verbal amendments to the 3d and 57th amendments of the Senate; and these amend- 1793. H. Journal, p. 722. S. Journal, p,498,500 1789, - H. J.oumi p. 44. 65, Id. p.67, 68. Id. p. 69. ld. p.70.71. Id, p. 72. S. Journal p. 55, 58. Id. p. 59. Id. p. 62. H. Journal p. 91. HISTORY OF CONGRESS. 591 CHAP. VI. - Navigation, &c.—Registering and Clearing Vessels, &c. 1st Congress ments being returned to the Senate, the amendments of the 1st Session. - - House were, on the 30th, considered and concurred in. Bill to ex. Leave was given by the House of Representatives, on the 22d * º of September, to bring in a bill to explain and amend the act, gistering entitled “An act for registering and clearing vessels, regulating *.* the coasting trade, and for other purposes;” and Messrs. Bland, Goodhue, and Benson, were appointed of said committee. The [H. B. 33.1 bill was introduced by Mr. Bland on the next day, when it was read the first and second time, and ordered to the third reading. And on the next day, the bill was read the third time, and, a Billpassed, blank having been filled up, was passed, and sent to the Senate, where it was read the first time on the 24th; and, on the 26th, was committed to Messrs. Read, Morris, and Dalton. From this committee, on the 28th, the following amendment was re- ported:— - “...And be it further enacted—That so much of an act, en- titled ‘An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;’ as hath rated the rouble of Russia at one hundred cents, be, and the same is hereby, repealed, and made null and void.” This amendment was adopted, and the bill was then passed. The amendment of the Senate was, on the same day, concurred in by the House. - 2d Session. A letter from the secretary of the treasury was laid before the House of Representatives, on the 23d of April, 1790, “respecting difficulties which have occurred in the execution of the several laws for collecting duties on goods, wares, and merchandises, and on tonnage, and for regulating the coasting trade;” and this letter Bill for re- was referred to Messrs. Goodhue, Lawrance, Boudinot, Fitzsi- ; mons, and Lee. On the 22d of July, Mr. Goodhue presented a bill for registering ships or vessels, for regulating those em- [H. B. 89.] ployed in the coasting trade and fisheries, and for other pur- poses, which was then read the first and second time, and commit- ted to a committee of the whole house. On the 27th of July, it was moved that the further consideration of this bill be post- Postponed, poned until the next session of Congress, and this motion was decided in the affirmative. -º- #ºngº, ON the 28th of October, 1791, the House of Representatives St Session. appointed Messrs. Goodhue, Fitzsimons, and Learned, a com- 1789. S. Journal, p. 67. H. Journal, p. 118,119. Id. p. 120. S. Journal, p. 86.90, 91. H. Journal, p. 128. I790. - H. Journal, p. 198. Id. p. 275. 276. Id. p. 282. 1791–2. H. Journal, p. 442. 592 HISTORY OF CONGRESS, CHAP. VI. Navigation, &c.—Registering and Clearing Vessels, &c. 1791–92. 2d Congress, mittee to bring in a bill for registering ships or vessels, and for 1st Session. - - - - - regulating those employed in the coasting trade and fisheries; and, H. Journal, *:: on the 30th of November, a bill was reported by Mr. Goodhue P: “” gistering “ concerning the registering or recording of ships or vessels,” - ships. which was read the first and second time, and committed to a *] committee of the whole house. There appears to have been no further action on this bill. Bill for en. And on the 3d of March, 1792, Mr. Goodhue presented a bill Id, p. 526. i."." for enrolling and licensing ships or vessels, to be employed in ships, the coasting trade and fisheries, which was read the first and se- cond time, and committed to a committee of the whole house. [H.B.167.] This bill was taken up for consideration in committee on the 26th Id, p. 590. of April, and some progress was made, when the committee rose. The bill was not afterwards resumed, 2d Session. On the 7th of November, 1792, the House of Representatives 1792. Bill con- appointed a eommittee, consisting of Messrs. Goodhue, Fitzsi- H. Journal .* mons, and Parker, to prepare and bring in a bill for registering * 614 and record ships or vessels, and for regulating those employed in the coast- ** ing trade and fisheries. Mr. Goodhue, on the 15th, presented Id, p. 620 [H.B.195.] a bill concerning the registering and recording of ships or ves- sels, which was then read the first and second time, and com- mitted to a committee of the whole house. The bill was con- sidered in committee on the 22d, and no amendment having Id, p. 625, been reported, was ordered to the third reading. And, on the 26th, the bill was read the third time, and passed, and was sent Id. p. 626, to the Senate, where it received the first reading on the same day. On the 3d, the bill was referred to Messrs. Butler, Cabot, s. Journal, Morris, Monroe, and King. A report was made from this com- *...* mittee on the 11th, when the consideration of the amendments of the committee was taken up. It was then moved to expunge the following proviso, in the first section of the bill:— “Provided—That they shall not continue to enjoy the same longer than they shall continue to be wholly owned, and to be commanded by a citizen or citizens of the United States.” The question being taken on this motion, it was decided in the negative, by the following vote:– Yeas—Messrs. Brown, Butler, Edwards, Few, Izard. —5. Nays—Messrs. Bassett, Bradley, Cabot, Dickinson, Ells- worth, Foster, Hawkins, Henry, Johnston, King, Langdon, Monroe, Morris, Read, Robinson, Sherman, Stanton, Strong, Wingate.—19. HISTORY OF CONGRESS. 593 CHAP. VI. Navigation, &c.—Registering and Clearing Vessels, &c.–Freighters, &c. 1792–93. #$!!..." Several amendments reported by the committee were then agreed to, and the bill was ordered to the third reading; and on the 12th of December, the bill, as amended, was read the third H. Journal, Billpassed, time and passed. The House considered the amendments of the P. 649. Senate on the 14th, and resolved to agree to the amendments to s. Journal, the fifth section, and to disagree to the amendment to the seven- P. “ teenth section; and, on the 17th, the Senate receded from that amendment. On the 27th of November, Mr. Goodhue reported also a bill H. Journal, for enrolling and licensing ships or vessels to be employed in the * coasting trade and fisheries, and for regulating the same, which was read the first and second time, and committed to a commit- tee of the whole house. The bill was taken up for consideration, in committee, on the 6th of December, when several amend- Id. p. 635. ments were reported, which were agreed to by the House on the * 13th, and the bill was then ordered to lie on the table. The consideration of these amendments was resumed on the 18th, Id. p. 650. when the bill and amendments were recommitted to Messrs. Goodhue, Fitzsimons, and Parker. From this committee, on the 20th, several amendments were reported, which were agreed to, Id, p. 651. and the bill was ordered to the third reading. The bill was read the third time on the 24th, and the blanks having been filled up, Id, p.652. it was passed and sent to the Senate, where the bill was read the first time on the 26th, and, on the 31st, was referred to S. Journal, Messrs. Cabot, Morris, Bradley, Langdon, and Monroe. Mr. Ca- p.465,466. bot, from this committee, on the 29th of January, 1793, reported Id. p. 476. the bill with amendments; and the amendments were ordered to * be printed. The report of the committee was adopted by the Senate on the following day, and, on the 31st, the bill was fur- Id. p. 481. ther amended, and ordered to the third reading. Further amend- - ments were made on the 7th of February, when the bill was - passed, as amended. On the 9th, the House of Representatives H. Journal, referred the amendments of the Senate to Messrs. Goodhue, Fitz- P: “” Simons, and Parker. The committee made their report on the same day, and the House then concurred in the amendments. —º- tºº. On the 24th of December, 1790, the House of Representatives 1790. Bill con- ordered the appointment of a committee to prepare and bring in H. Journal, cenſing: a bill, or bills, to ascertain how far owners of ships and vessels P.34% ºil. shall be liable to the freighters of goods shipped on board thereof; ñeighters, and Messrs. Fitzsimons, Foster, and Silvester, were appointed of WoL. I.-75 r- 594 HISTORY OF CONGRESS. CºA.P. VI. Navigation, &c.–Freighters, &c.—Fisheries. 1790–91. #gº." this committee; and, on the 27th, Mr. Fitzsimons, from this H. Journal, * committee, presented a bill to ascertain how far the owners of P. 343. [H.B.107.] ships and vessels shall be answerable to the freighters, which was then read the first time, and was read the second time, and com- mitted to a committee of the whole house. But this bill was not afterwards acted on. Bill con. It was ordered by the House of Representatives, on the 27th of Ibid. º, December, that a committee be appointed to prepare and bring vessels in in a bill to enable the collector of the district of Pennsylvania to ...” permit the landing of goods at other places within his district by ice. than the port of Philadelphia, when the navigation of the river Delaware shall be obstructed by ice; and Messrs. Fitzsimons, White, and Brown, were appointed of this committee. And, on the following day, Mr. Fitzsimons, from this committee, reported [H. B.109.] such bill, which then received the first and second reading, and was committed to a committee of the whole house. This bill was considered in committee on the 29th, when several amend- Id. p. 344. - ments were reported, and the bill was then ordered to the third reading. On the 30th, the bill was read the third time and Id. p. 345. Bill passed, passed, the title being “An act to provide for the unlading of ships or vessels, in cases of obstruction by ice.” This bill was read the first time in the Senate, on the 3d of January, 1791, and s. Journal, the bill received the second and third reading on the 4th and 5th, P. 229. when it was passed. - —º- 1st gongress. On the 14th of April, 1790, a representation from the legisla- 1790. 2d Session. - *-ture of the state of Massachusetts, relative to the present state H.Journal Represen- p. 193. tatiºn of of the whale and cod fisheries, together with several petitions on . the subject, were presented to the House of Representatives; subject of and, on the 4th of August, this representation was referred to the Id.p.39% . fishe- secretary of state, with instructions to examine the same, and re- port to the House. The report of the secretary of state on the subject was laid before the House of Representatives on the 4th Id, p.3" of February, 1791. –2- 24congress. On the 19th of December, 1791, Mr. Cabot gave notice that 1791 1st Session. - - - - * he intended to-morrow to move for leave to bring in a bill for the s. Journal, Billforpro, encouragement of the bank and other cod fisheries, and for the P. 357. .*... regulation and government of the fishermen employed therein; Id. P.” ries. and, on the 20th, the bill was introduced by Mr. Cabot, and was Id P. 359, then read the first time. On the 22d, the bill received the se- Id, P. 360. HISTORY OF CONGRESS. 595 CHAP, WI. Navigation, &c.—Fisheries. 1791–92. # Cºngress cond reading, and was referred to Messrs. Cabot, Izard, Sherman, 1st Session. [S, B. 26.] Bill as sent to the House of Represent. atives. Morris, and Lee. On the 28th, Mr. Cabot reported various s. Journal, amendments, which were considered on that day, and on th e P. 363. 29th, and the 5th, and 10th of January, 1792, when the question Id. p. 370. was taken on the third reading of the bill, and decided in the aſ- firmative by the following vote:– - Yeas—Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ells- worth, Few, Foster, Gunn, Henry, Izard, King, Langdon, Lee, Monroe, Morris, Read, Robinson, Rutherford, Sherman, Stan- ton, Strong, Wingate.—23. Mays—Messrs. Bradley, Butler, Hawkins, Johnston.—4. On the 11th, a further amendment was made, and the bill was passed, and sent to the House of Representatives for concurrence, as follows:— “Sect. 1. Be it enacted, by the Senate and House of Representatives Id. p. 371. ºf the United States of America, in Congress assembled—That the bounty now allowed upon the exportation of dried fish, of the fisheries of the United States, shall cease on all dried fish, ex- ported after the tenth day of June next, and, in lieu thereof, and for the more immediate encouragement of the said fisheries, there shall be afterwards paid, on the last day of December an- nually, to the owner of every vessel or his agent, by the collect- ors of the district where such vessel may belong, that shall be qualified agreeably to law for carrying on the bank and other cod fisheries, and that shall actually have been employed there- in at sea, for the term of four months, at the least, of the fishing season next preceding, which season is accounted to be from the last day of February to the last day of November in every year, for each and every ton of such vessel's burden, according to her admeasurement as licensed or enrolled, if of twenty tons, and not exceeding thirty tons, one and a half dollars; and if above thir- ty tons, two and a half dollars; of which bounty three-eighth parts shall accrue and belong to the owner of such fishing ves- sel, and the other five-eighth parts thereof shall be divided by him, his agent, or lawful representative, to and among the seve- ral fishermen who shall have been employed in such vessel during the season aforesaid, or a part thereof, as the case may be, in such proportions as the fish they shall respectively have taken may bear to the whole quantity of fish taken on board such ves- sel during such season: Provided—That the bounty to be allowed and paid on any one vessel, for one season, shall not exceed one hundred and seventy dollars. 596 HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Fisheries. 1792. #ºngress. “Sect. 2. And be it further enacted—That, on the last day of 1st Session. Bill as sent to House. December annually, as aforesaid, there shall also be paid to the owner of every fishing boat or vessel, of more than five tons, and less than twenty tons, or to his agent or lawful representative, by the collector of the district where such boat or vessel may be- long, the sum of one dollar upon every ton admeasurement of such boat or vessel; which bounty shall be accounted for as part of the proceeds of the fares of said boat or vessel, and shall ac- cordingly be so divided among all persons interested therein:— Provided, however, that this bounty shall be allowed only to such boats or vessels, as shall have actually been employed at sea, in the cod fishery, for the term of four months at the least of the preceding season. And provided, also–That such boat or vessel shall have landed, in the course of said preceding season, a quan- tity of fish, not less than 12 quintals for every ton of her ad- measurement, the said quantity of fish to be ascertained when dried, and cured fit for exportation, and according to the weight thereof, as the same shall weigh, at the time of delivery, when actually sold; which account of the weight, with the original ad- justment and settlement of the fare, or fares, among the owners and fishermen, together with a written account of the length, breadth, and depth, of said boat or vessel, and the time she has actually been employed in the fishery in the preceding season, shall, in all cases, be produced and sworn to before the said col- lector of the district, in order to entitle the owner, his agent, or lawful representative, to receive the bounty aforesaid. And if, at any time within one year after payment of such bounty, it shall appear that any fraud or deceit has been practised in obtaining the same, the boat or vessel upon which such bounty shall have been paid, if found within the district aforesaid, shall be forfeited; otherwise, the owner or owners, having practised such fraud or deceit, shall forfeit and pay one hundred dollars, to be sued for, recovered, and appropriated, in like manner as for: feitures and penalties are to be sued for, recovered, and appro- priated, for any breach of an act, entitled ‘An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandises, imported into the United States, and on the tonnage of ships or vessels.” « Sect. 3. And be it further enacted—That the owner or owners of every fishing vessel of twenty tons and upwards, his or their agents, or lawful representative, shall, previously to re- ceiving the bounty which is provided for in this act, produce tº the collector who is authorized to pay the same, the original l HISTORY OF CONGRESS. 597 CHAP. VI. Navigation, &c.—Fisheries. 1792. #º agreement, or agreements, which may have been made with the * fishermen employed on board such vessel, as is hereinbefore re- º quired; and also a certificate, to be by him or them subscribed, therein mentioning the particular days on which such vessel sailed and returned, in the several voyages, or fares, she may have made in the preceding fishing season, to the truth of which they shall swear or affirm before the collector aforesaid. “Sect. 4. 2nd be it further enacted—That no ship or ves- S. Journal, p. 372. sel of twenty tons or upwards, employed as aforesaid, shall be entitled to the bounty granted by this act, unless the skipper or master thereof shall, before he proceeds on any fishing voyage, make an agreement, in writing or in print, with every fisherman employed therein, excepting only any apprentice or servant of himself or owner; and, in addition to such terms of shipment as may be agreed on, shall, in such agreement, express whether the same is to continue for one voyage, or for the fishing season; and shall also express that the fish, or the proceeds of such fish- ing voyage or voyages which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish they may, respectively, have caught, which agreement shall be endorsed or countersigned by the owner of such fishing vessel, or his agent; and if any fisherman, having engaged himself for a voyage, or for the fishing season, in any fishing vessel, and signed an agreement therefor, as aforesaid, shall thereafter, and while such agreement remains in force, and to be performed, desert or absent himself from such vessel, without leave of the master or skipper thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchants’ service, and may, in the like manner, and upon the like com- plaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage, to which such deserter hath or shall become entitled. And any fisherman, having engaged himself as aforesaid, who shall, during such fishing voyage, refuse or neglect his proper duty on board the fishing vessel, being thereto ordered or re- quired by the master or skipper thereof, or shall otherwise resist his just commands, to the hinderance or detriment of such voy- age, beside being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of the bounty, which shall be paid upon such voyage, as is herein granted. 598 HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Fisheries. 1792. #º. “ Sect. 5. And be it further enacted—That where an agree- s eSS1011. - - - ment or contract shall be so made and signed, for a fishing voy- .." age, or for the fishing season, and any fish, which may have been caught on board such vessel during the same, shall be de- livered to the owner, or to his agent, for cure, and shall be sold by said owner or agent, such vessel shall, for the term of six months after such sale, be liable and answerable for the skipper's, and every other fisherman’s share of such fish, and may be pro- ceeded against in the same form, and to the same effect, as any other vessel is by law liable; and may be proceeded against for the wages of seamen or mariners in the merchants’ service. And, upon such process for the value of a share or shares of the pro- ceeds of fish delivered and sold as aforesaid, it shall be incum- bent on the owner, or his agent, to produce a just account of the sales and division of such fish, according to such agreement or contract, otherwise the said vessel shall be answerable, upon such process, for what may be the highest value of the share or shares demanded. But, in all cases, the owner of such vessel, or his agent, appearing to answer to such process, may offer, thereupon, his account of general supplies made for such fishing voyage, and of other supplies therefor made, to either of the demand- ants; and shall be allowed to produce evidence thereof, in an- swer to their demands, respectively, and judgment shall be ren- dered upon such process, for the respective balances, which, upon such an inquiry, shall appear: Provided, always—That, when process shall be issued against any vessel liable as afore- said, if the owner thereof, or his agent, will give bond to each fisherman, in whose favour such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process: or, if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided—That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish, or the proceeds thereof, as aforesaid. “Sect. 6. And be it further enacted—That the drawback here- tofore allowed on the exportation of foreign dried and pickled fish, and other foreign salted provisions, be, and the same is, here- by repealed. “Sect. 7. And be it further enacled—That the moneys which | HISTORY OF CONGRESS. 599 CHAP. VI. Navigation, &c.—Fisheries. 1792. 2d Congress. 1st Session. Bill as sent to House. Bill passed by House with a- mend- ments, shall remain, in consequence of the abolition of the bounty on the dried fish of the United States, and of the drawback on fo- reign dried and pickled fish, and other foreign salted provisions, be, and the same are, hereby appropriated to the payment of the bounties granted by this act; and in case the moneys so ap- propriated shall be inadequate, the deficiency shall be supplied out of any moneys which, from time to time, shall be in the trea- sury of the United States, and not otherwise appropriated. “Sect. 8. And be it further enacted—That any person who shall s. Journal, declare falsely in any oath or affirmation required by this act, P. 873. being duly convicted thereof in any court of the United States, having jurisdiction of such offence, shall suffer the same penal- ties as are provided for false swearing by the act before men- tioned, and to be in like manner sued for, recovered, and appro- priated. “Sect. 9. And be it further enacted—That this act shall conti- nue, and be in force for the term of seven years, and from thence to the end of the next session of Congress.” This bill was read the first and second time in the House of H.Journal, Representatives, on the 13th of January, and was then commit- P. 491. ted to a committee of the whole house. On the 3d, 6th, 7th, Id, p. 502 and 8th, the bill was considered in committee, and several -*. amendments were reported, which were agreed to by the House. The bill was then ordered to the third reading. And, on the 9th, the bill was read the third time, and the question on its passage. was decided in the affirmative, by the following vote:– Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Gregg, Griffin, Hartley, Hillhouse, Huger, Kittera, Law- rance, Learned, Lee, Livermore, Madison, Muhlenberg, Niles, Schoonmaker, Jere. Smith, I. Smith, Wm. Smith, Sterrett, Sturges, Silvester, Thatcher, Tredwell, Wining, Wadsworth, Ward.—38. JVoes—Messrs. Ashe, Baldwin, Brown, Giles, Grove, Heister, Key, Macon, Mercer, Moore, Murray, Page, Parker, Seney, Steele, Sumpter, Tucker, Venable, White, Williamson, Willis. —21. - - It was then resolved, that the title of the bill be, “An act con- cerning certain fisheries of the United States, and for the regu- lation and government of the fishermen employed therein.” The amendments made by the House of Representatives are these:– 600 HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Fisheries. 1792. #gº. “ Section 1, line 2. Strike out the words ‘bounty now allowed, S. Journal, and insert, “allowance now made.” p. 388. .* “ Line 3. After the word ‘states,’ insert, ‘in lieu of a draw- of House, back of the duties paid on the salt used in preserving the same.’ “Limes 4 and 5. Strike out the words “and in lieu thereof, and for the more immediate encouragement of the said fisheries,” and insert and as a commutation and equivalent therefor.” “Line 15. Strike out ‘bounty,” and insert “allowance afore- said.” “Line 21. Strike out the words ‘bounty to be allowed and paid, and insert “allowance aforesaid.’ “Sect. 2, lines 6, 21, 22, and 23. Strike out ‘bounty,’ and in- sert “allowance, making correspondent amendments throughout the bill. “ Line 19. After “sworn,’ insert “ or affirmed.” “Sect. 4, line 24. Strike out ‘hath,” and insert “had.” “Sect. 7, line 2. Strike out the words ‘bounty on,” and insert ‘ allowance on the exportation of.” “Line 4. Strike out “ bounties, and insert “allowances.” “Sect. 8, line 4. After “swearing,’ insert or affirming.’ “Sect. 9. At the end thereof, add ‘and no longer.’ “In the title of the bill, strike out the words ‘for the encou- ragement of the bank and other cod fisheries, and insert “con- cerning certain fisheries of the United States.” senate a On the 10th of February, the Senate agreed to these amend- gree. ments. - Billſorpro. The House of Representatives, on the 17th of March, of the H. Jºnal #. of same year, appointed Messrs. Williamson, Key, and Parker, to be P. “ a committee “to prepare and bring in a bill, or bills, to amend an [H. B.193.] act, entitled ‘An act to provide more effectually for the collec- tion of duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels, so far as to permit the landing of salt, under certain regulations, at ware- houses belonging to the several fisheries, and to allow a drawback on the exportation of salted provisions, equal to the duty that is paid on the salt used in preserving the same.” And, on the 4th Id, p. 597. of May, Mr. Williamson presented a bill “for the protection of the Not acted river and bay fisheries,” which was then read the first time. This One bill was not again taken up for consideration. - HISTORY OF CONGRESS. 601 CHAP. VI. Navigation, &c.—Regulation of Seamen. 1790. º ON the 29th of April, 1790, it was ordered by the House of H.Journal, - Representatives that a committee be appointed, consisting of P. 205, º: Messrs. Fitzsimons, Smith, of Maryland, and Sturges, to bring in seamen in a bill for the government and regulation of seamen in the mer- *...". chants’ service; and, on the 3d of May, Mr. Fitzsimons presented Id. p. 208. vice. a bill, which was then read the first and second time, and com- 225. [***] mitted to a committee of the whole house. This committee was, on the 27th, discharged from further proceeding on the bill, and it was committed to Messrs. Gilman, Goodhue, Fitzsimons, Smith, of Maryland, and Parker. On the 17th of June, Mr. Gilman re-Id, p. 244. ported several amendments to the bill, which were considered on 251. the 25th, and agreed to by the House, and the bill was then or- dered to the third reading. The bill was, on the following Mon- Bill passed, day, read the third time, and passed. In the Senate, the bill re- S. Journal, ceived the first reading on the same day, and, on the 1st of July, P. 167.172. was committed to Messrs. Dalton, Morris, and Langdon. Mr. Dalton, on the 7th, reported amendments, and the bill having Id. p. 175. been amended accordingly, was ordered to the third reading, and was passed on the next day. The House proceeded to consider H.Journal, the amendments of the Senate, on the 10th, when some were * 267. agreed to, and one was rejected. The Senate, on the 12th, re- S. Journal, ceded from the amendment to which the House had disagreed. P. 177. - - —º- §gongress, ON the 5th of November, 1792, a petition was presented to 1792. Session. - - - - the House of Representatives, from merchants in the city of H. Journal, Petition of p. 610. Charleston Charleston, South Carolina, praying that Congress would pass a *hants law to restrain the proceedings, and reduce the fees in the Court of Admiralty of the United States in the said state; as also, to ad- mit of other security being taken to the satisfaction of the judge of the court, in small and trivial causes brought by seamen or others against vessels in the merchants' service; and this peti- tion was referred to Messrs. Wm. Smith, Lawrance, and White. Id. p. 615. Mr. Smith made a report from this committee, which was consi- Id, p.617. dered on the 10th, when the house adopted this resolution: “Resolved—That provision ought to be made, by law, to re- gulate the fees of the several District Courts of the United States, in all cases of admiralty proceedings; and that so much of the act for the regulation of seamen in the merchants’ service, as makes ships or vessels, and their appurtenances, liable to seizure and detention, for actions of trivial amount, be repealed, and that, in future, a power be vested in the district judge to accept Wol. I-76 - 602 . HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Regulation of Seamen.—Exportation and Trade. 1792–93. §gº." of other sufficient security, in cases where the sum in dispute ssion. shall not exceed — dollars.” Bill toº. It was then ordered, that Messrs. William Smith, Lawrance, H. Joum, ºl. * and White, prepare and bring in a bill pursuant to this resolution; P.” and, on the 27th, Mr. Smith, from this committee, presented a [H.B. 197.] bill to ascertain the fees demandable on admiralty proceedings in the District Courts of the United States, and to amend, in part, the act, entitled “An act for the government and regulation of seamen in the merchants’ service,” which was read the first and second time, and committed to a committee of the whole house. This bill occupied the deliberations of the committee on the 3d, Id, p. 531. 7th, 12th, 21st, and 27th of December, when several amendments º § were reported to the House, which were agreed to on the follow- " ing day, when the bill was ordered to the third reading; and, on the 31st, the blanks having been filled up, the bill was read the Id. p. 657. third time and passed, and was sent to the Senate, where it was s. Journal, read the first time on the same day, and, on the 1st of January, P. 466. 1793, was referred to the committee appointed on the 21st of November, to take the judiciary system into consideration, with an instruction, also, to consider this bill and report upon it. This committee consisted of Messrs. Ellsworth, Strong, Monroe, John- Id. p. 459. ston, and King. On the 26th of February, Mr. Ellsworth, from Id. p. 495. this committee, reported amendments, which led to debate; and, 497. on the next day, the report was accepted, and the bill, having Bilipassed. been amended accordingly, was passed. The House of Repre- H. Journal, sentatives, on the same day, acquiesced in these amendments. P. 721. —º- º AT the second session of the first Congress, on the 3d of March, 1790. ++, 1790, a motion was submitted to the Senate, - - Resolution “That the secretary of the treasury direct the respective col- S. Journal, *: lectors, in the several ports of the United States, not to clear out P. 117. a to prº any vessel having articles on board subject to inspection by the ..º. laws of the state from which such vessel shall be about to depart, ºf goods without having previously obtained such manifests and other do- not duly in- - ini - - 's 22 spected. cuments as are enjoined by the said laws. This motion was committed, on the 4th, to Messrs. Izard, Id. p. 118 Strong, and Bassett, and they were instructed to report a bill upon the subject matter of it, iſ a bill should appear to them ne- cessary. This committee, on the following day, reported a joint resolution in the same words, which having been agreed to, was sent to the House of Representatives for concurrence. HISTORY OF CONGRESS. 603 CHAP, WI. Navigation, &c.—Exportation and Trade. 1790. º [Previously to this motion, a motion had been submitted, on S. Journal, the 23d of February, that a committee be appointed to consider Pº” what measures may be necessary to be adopted relative to the inspection of exports from the United States, and, if they think proper, to prepare a bill on that subject, and, on the following day, Messrs. Dalton, Morris, Izard, Langdon, and Johnston, were appointed, to which committee were added, on the 26th, Messrs. Bassett, Few, Henry, King, Paterson, and Ellsworth. There was also, on the 11th of February, a committee appointed, Id. p. 113. consisting of Messrs. Morris, Langdon, Butler, Dalton, and Ells- worth, to report, if they agreed as to its expediency, a plan for the regulation of the trade of the United States with the countries and settlements of the European powers in America; and to this committee were added, on the 26th, Messrs. Bassett, Few, Hen- ry, King, Paterson, and Hawkins.] Bill intro. On the 8th of March, the joint resolution adopted by the Se- H. Journal, duced. nate, was, in the House of Representatives, committed to Messrs. * 169. White, Tucker, and Contee, with instructions to prepare and [H. B. 48] bring in a bill; and, on the same day, Mr. White presented a bill to prevent the exportation of goods not duly inspected, according to the laws of the several states, which was then read the first time, and, on the 9th, received the second reading, and was com- Id. p. 171. mitted to a committee of the whole house. This bill was con- sidered in committee on the 26th, when an amendment was re-Id. p. 183. ported and agreed to; and the bill was, on the next day, read the Billpassed, third time and passed. On the same day, the bill received the first reading in the Senate, and was read the second and third S. Journal, time, and passed, on the two next succeeding days. p. 125. New On the 26th of March, 1790, a petition of the merchants and s. Journal, º a traders of the town of Portsmouth and New Hampshire, was P. * ... Pete presented to the Senate, praying that a law might be enacted, “for the establishment of the foreign trade of the United States upon principles of reciprocal benefit, becoming the dignity of a free and independent nation.” This petition was referred to the committee appointed on the 11th of February, “to report a plan for the regulation of the trade of the United States with the coun- tries and settlements of the European powers in America,” as specified in the preceding page. On the 27th of April, Mr. Lee s. Journal, was added to this committee. - p. 134. On the same day, a petition of these merchants and traders H. Journal, was also presented to the House of Representatives, praying that P** Congress would adopt measures to prevent foreigners from car- 604 HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Exportation and Trade. 1790. º, rying the commodities of the continent to any port or place where - the citizens of the United States are prohibited from carrying them. This petition was referred, on the 29th, to Messrs. Bou- dinot, Jackson, Tucker, Ashe, Parker, Smith, of Maryland, Cly- mer, Wining, Benson, Sherman, Goodhue, and Foster. On the 16th of April, Mr. Boudinot made a report from this committee, H. Journal, which report was, on the 3d of May, committed to a committee P.19% of the whole house, and was considered in committee, on the 10th, 11th, 12th, 13th, and 14th, when the following resolution Id. p. 213 was reported, and agreed to by the House:— —216. “Resolved—That the tonnage on all foreign built bottoms, be- longing to nations not in commercial treaty with the United States, be raised to the sum of one dollar per ton, from and after the first day of January next; and that, from and after the day of , the tonnage on all such vessels be raised to ; and that, from and after the day of , no such vessel be permitted to export from the United States, any unmanufactured article, being the growth or produce thereof.-Provided, that this resolution shall not be extended to the vessels of any nation, which permits the importation of fish, other salted provision, grain, and lumber, in vessels of the United States.” Bill con. It was then ordered, that Messrs. Madison, Sedgwick, and Hart- tºº ley, prepare and bring in a bill accordingly, and on the 17th, Mr. Id, p.217. navigation Madison presented a bill concerning the navigation and trade of 3. 9. the United States, which was then read the first time, and, on the following day, received the second reading, and was commit- id. p. 218, [H. B. 66.] ted to a committee of the whole house. The bill was considered in committee on the 25th and 29th of June, when an unsuccess- Id, p. 251. ful motion was made to discharge the committee from further * proceeding on the bill. The consideration of the bill was re- sumed in committee on the 30th, after which time there was no- thing further heard of it. -º- #gº." IN the Senate, on the 17th of June, 1789, a committee was 1789. *— appointed, consisting of Messrs. Butler, Morris, Langdon, Dalton, s. Journal . and Lee, to arrange and bring forward a system for the regula- p. 35. Iº Dow-, . - - ers .* tion of the trade and intercourse between the United States and ºth... the territory of other powers in North America and the West In- America, - &c. dies, so as to place the same on a more beneficial and perma- * Senate re-ment footing. On the 13th of July, Mr. Butler made a report, Id.p,41.5% port, and on the 5th of August, Mr. Butler further reported, HISTORY OF CONGRESS. 605 CHAP. VI. Navigation, &c.—Mediterranean Trade. 1789. lºnges, “That it will be expedient to pass a law for imposing an in- 1st Session. creased duty of tonnage, for a limited time, on all foreign ships and other vessels that shall load in the United States, with the produce of the same, to any port or place in America, whereto the vessels of the United States are not permitted to carry their own produce; but such a law being of the nature of a revenue law, your committee conceive that the originating of a bill for that purpose, is, by the Constitution, exclusively placed in the House of Representatives. “Your committee beg leave further to report, as their opinion, that it will be expedient to direct a bill to be brought in, for im- posing similar restraints upon the trade of the European settle- ments in America with the United States, that are imposed on the trade of the United States with those settlements. The Senate then adopted the following resolution:- “Resolved—That the first clause of this report be accepted, and that the remainder of the report be recommitted; and that it be an instruction to the committee, in case it shall be their opinion that a legislative provision ought to be made on the sub- ject of the commitment, to report a bill for that purpose; and that Mr. Ellsworth, Mr. King, and Mr. Read, be added to the committee.” **ion. In his speech at the opening of the third session of this Con- 1790. º gress, the President of the United States, after a reference to the s. Journal, T. disturbed state of Europe, and the necessity of adopting measures P.218. for the security of our trade, proceeds thus:– ..ºf “Your attention seems to be not less due to that particular H.Journal, " branch of our trade which belongs to the Mediterranean. So p. 332. many circumstances unite in rendering the present state of it dis- tressful to us, that you will not think any deliberations misem- ployed, which may lead to its relief and protection.” The speech having been referred to a committee of the whole Id, p. 338. house on the state of the Union, that committee, on the 15th of December, reported these resolutions. “Resolved—That it is the opinion of this committee, that a bill, or bills, ought to be brought in for the further encouragement of the navigation of the United States. “Resolved—That it is the opinion of this committee, that so much of the speech of the President of the United States to both houses of Congress, as relates to the trade of the United - - 606 HISTORY OF CONGRESS, CHAP. VI. Navigation, &c.—Mediterranean Trade. 1790–91, gº. States in the Mediterranean, ought to be referred to the secre- T tary of state, with instruction to report thereupon to the House.” The committee appointed pursuant to the first of these reso- lutions, consisted of Messrs. Boudinot, Jackson, Tucker, Ashe, Parker, Smith, of Maryland, Clymer, Wining, Benson, Sherman, Goodhue, and Foster; and to these, on the 13th of January, Mr. H. Journal, Bourne was added. On the 10th of February, a motion was P. 354, made and agreed to, to discharge this committee from further Id. p. 376, proceeding on the subject. On the 30th of December, 1790, the speaker laid before the Id.p.346. House the report of the secretary of state upon that part of the President’s speech, which relates to the trade of the United States in the Mediterranean; and the report was ordered to lie on the table. In the Senate, this part of the speech of the President was S. Journal, referred to Messrs. Langdon, Morris, King, Strong, and Ellsworth, P. 222, on the 13th of December, and on the 6th of January, Mr. Lang- Id, p. 230. don made a report, which was taken up for consideration on the following day, when it was ordered to lie on the table. This re- port was recommitted on the 21st, for the purpose of taking into S. Journal consideration a letter from the secretary of state, and its enclo- P. 234, sures, relative to the American prisoners in Algiers. A similar report from the secretary of state had been transmitted to the House of Representatives, on the 30th of December preceding, H. Journal by the President of the United States. On the 31st, Mr. Lang- p. 345. don made another report, from the same committee, on the same subject, which also was ordered to lie for consideration. And on S. º the 1st of March, Mr. Langdon, from the same committee, re- p.237,294 ſh.B.100.] ported the following bill:— - “An act making an appropriation for the purposes therein mentioned. - Bill ma- “Section 1. Be it enacted, by the Senate and House of Represent- **, ... alives of the United States of America, in Congress assembled—That, . for the purpose of effecting a recognition of the treaty of the United ºd States with the new Emperor of Morocco, there be, and hereby is, appropriated a sum not exceeding twenty thousand dollars, to be paid out of the moneys, which, prior to the first day of Janu- ary next, shall arise from the duties imposed upon spirits distilled within the United States, and from stills, by the act, entitled “An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within History of congress, 607 - CHAP. VI. Navigation, &c.—Commercial Intercourse, 1791. - tº the United States, and for appropriating the same,” together - with the excess of duties which may arise from the duties im- posed by the said act on imported spirits, beyond those which would have arisen by the act, entitled ‘An act making further provision for the payment of the debts of the United States,” and the President is hereby authorized to take on loan the whole sum by this act appropriated, or so much thereof as he may judge requisite, at an interest not exceeding six per cent. per annum, and the fund established for the above-mentioned appropriation is hereby pledged for the payment of the principal and interest of any loan to be obtained in manner aforesaid; and in case of any deficiency in the said fund, the faith of the United States is hereby also pledged to make good such deficiency.” This bill was read the first and second time: it was then moved to commit the bill, with an instruction to augment the sum there- in appropriated to sixty thousand dollars; but this motion was de- cided in the negative. The bill was then ordered to the third reading. The bill was read the third time and passed on the 2d, s. Journal, and was sent to the House of Representatives for concurrence, Pº In the House, the bill was passed through its various stages on H. Journal, the same day. p.400. Conſen. On the 14th of February, 1791, the following message was º transmitted by the President of the United States to the two counse, houses of Congress. G - “ United States, February 14, 1791. reat Bri- tain. “Gentlemen of the Senate, and House of Representatives:– Message of “Soon after I was called to the administration of the govern- H. Journal, *dent ment, I found it important to come to an understanding with P.377,878. the court of London on several points interesting to the United States; and particularly to know whether they were disposed to enter into arrangements by mutual consent, which might fix the commerce between the two nations on principles of reciprocal advantage. For this purpose, I authorized informal conferences with their ministers; and from these, I do not infer any disposi- tion, on their part, to enter into any arrangements merely com- mercial. I have thought it proper to give you this information, as it might, at some time, have influence on matters under your consideration. * G. WASHINGTON.” On the 15th, this message was referred to Messrs. Goodhue, Id. p.379. Madison, Fitzsimons, Bourne, Lawrance, Vining, and Smith, of 8*. 608 HISTORY OF CONGRESS. - CHAP: VI. Navigation, &c.—Commercial Intercourse.—Rix Dollar of Denmark. jº South Carolina. Mr. Goodhue, from this committee, made a re- port on the subject, which was taken up for consideration on the 23d, when the House adopted the following order:- Call on se. “Ordered—That the said report be referred to the secretary H. Journal, º ºf of state; and that he be directed to report to Congress the nature P. 388. and extent of the privileges and restrictions of the commercial Foreign intercourse of the United States with foreign nations, and such º measures as he shall think proper to be adopted for the improve- ment of the commerce and navigation of the same.” -º- #gº. On the 21st of February, 1793, being the second session of 17% Reply of the second Congress, the speaker laid before the House a letter H.Journal, secrétary from the secretary of state, communicating certain reasons for p. 710. delaying his report on the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, as directed by the order of this House, of the 23d of February, 1791, and suggesting that he is now ready to report on the subject, if the House will be pleased to direct him so to do. - This letter was referred to Messrs. Giles, Lawrance, William Id, p.71% Smith, Baldwin, and B. Bourne; and, on the 25th, Mr. Giles made a report, which was agreed to by the House as follows:— “That it is not expedient to call for the said report during the present session of Congress.” -º- 1st congress. On the 10th of February, a motion was made for the appoint- 1791. 2d Session. - - - - - - - - –" i.e. ment of a committee to bring in a bill repealing so much of the H. Jºnal doña of act, entitled “An act to provide more effectually for the collec- P. 374, Penmark, tion of the duties imposed by law on goods, wares, and merchan- dise, imported into the United States, and on the tonnage of ships or vessels, as hath rated the ria, dollar of Denmark at one hundred cents.” This motion was committed to Messrs. Bourne, Sherman, and Thatcher; and, on the 24th, Mr. Bourne, (H.R.134) from this committee, presented a bill, in conformity with the Id P. 389 | - motion, which was read the first time, and, on the 25th and 26th, Id, P. 392, received the second and third reading, and was passed, with the 393. title, “An act concerning the rates of foreign coin.” The bill, as sent to the Senate, was as follows:– * Sect. 1. Be it enacted, by the Senate and House of Repre- 5. Journal, sentatives of the United States of America, in Congress as- p. 291. HISTORY OF CONGRESS. 609 Navigation, &c.—Rhode Island. I791. Chap. VI. lºgºs. sembled—That so much of an act, entitled ‘An act to provide 3d Session. Bill as sent to Senate. Bill passed. Amend- ments. 1st Congress. Session. Act to pre- Vent im- portations from R. Island into the United States, which shall be credited to the said state, in account with the more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels,” as hath rated the rix dollar of Denmark at one hundred cents, be, and the same is hereby, repealed; and that the repeal shall be deemed to operate in respect to all duties which have already arisen or accrued, as well as to such as shall hereafter arise or accrue. “Sect. 2. And be it further enacted—That the secretary of the treasury be authorized and directed to estimate the value of the several denominations of foreign coin which are not estimated by law, and that the collectors of the customs, in their valuation of such foreign coin, be required to conform to the estimate there- of, which shall be made by the secretary of the treasury, pursu- ant to this act.” The bill was read the first time in the Senate, on the 28th of February, and on the following day received the second reading, and was committed to Messrs. Schuyler, Monroe, and Maclay, from whom amendments were reported on the same day, and the bill was amended accordingly. The bill was then read the third time, and passed, with the following amendments:– “Expunge the whole of the second section. S. Journal, “In the title, after the word “act,’ expunge the whole, and p. 292. substitute relative to the rix dollar of Denmark.’” On the 2d of March, the House concurred in these amend- H. Journal, ments. . p. 399. THE Senate, on the 28th of April, 1790, appointed Messrs. 1790. Carroll, Ellsworth, Morris, Izard, and Butler, to be a commit- s. Journal, tee to consider what provisions would be proper for Congress * 134. to make in the present session, respecting the state of Rhode Island. On the 5th of May, Mr. Carroll made a report, which Id. p. 138, was taken into consideration on the 11th, when the Senate passed 139. the following resolution:— - & Resolved—That all commercial intercourse between the United States and the state of Rhode Island, from and after the first day of July next, be prohibited, under suitable penalties; and that the President of the United States be authorized to demand of the state of Rhode Island dollars, to be paid into the treasury of the United States, by the day of next; Wol. I.-77 610 HISTORY OF CONGRESS. * CHAP, WI. Navigation, &c.—Accession of Rhode Island, &c. lºngress. United States, and that a bill, or bills, be brought in for these 2d Session. - purposes.” - It was then ordered that the committee who brought in the - above report, prepare and report a bill accordingly. On the [S, B, 11.] 13th, Mr. Morris, from this committee, reported a bill on the subject, which was then read the first time, and which received the second reading on the 14th. The question being then put on assigning a day for the third reading, it was decided in the affirmative by the following vote:– Yeas—Messrs. Bassett, Carroll, Dalton, Ellsworth, Johnson, Johnston, Izard, King, Langdon, Morris, Read, Schuyler, Strong. —13. Nays—Messrs. Butler, Elmer, Gunn, Henry, Maclay, Walk- er, Wingate—7. - On the 17th, the day assigned for the third reading of the bill, S. Journal, it was ordered to be recommitted. Mr. Carroll reported, on the P. 142, following day, and the bill was amended according to the report, when the bill was read the third time, and the question being taken on its passage, it was decided in the affirmative, as fol- lows:– Yeas—Messrs. Bassett, Carroll, Dalton, Ellsworth, Johnson, Johnston, Izard, King, Langdon, Morris, Read, Schuyler, Strong, —13. ---, * Ways—Messrs. Butler, Elmer, Hawkins, Henry, Lee, Ma- clay, Walker, Wingate.—8. The bill was then passed with the following title—“An act to prevent bringing goods, wares, and merchandises, from the state of Rhode Island and Providence Plantations into the United States, and to authorize a demand of money from the said state;” and was sent to the House of Representatives for concurrence. Accession. In the House, this bill was read the first time on the 19th, and, H. Journal, of R. Is- - - *r : - - . 219, ind to the * the following day, received the second reading, and was com-P | constitu- mitted to a committee of the whole house. On the 1st of June, Id. p. 232. tion. the President communicated, by message, to the two houses, “ the accession of the state of Rhode Island and Providence Plant- ations to the Constitution of the United States;” and the com- committee mittee of the whole were then discharged from the further con- ischºed sideration of the bill, the necessity for which had been so oppor- from bill. - tunely and agreeably obviated. º ...”. of Representatives, consisting of Messrs. Ames, Jackson, and Se- Maryland, ney, to prepare and bring in a bill, or bills, declaring the assent - Act giv. On the 2d of August, a committee was appointed by the House Id, p. 286 HISTORY OF CONGRESS. 611 Chap. VI. - - Navigation, &c.—Laws of Maryland, &c. 1790. 1st Congress. 2d Session. Georgia, and R. Isl- and, con- cerning tonnage duties, [H. B.93.] 2d Congress. 1st Session. --- Act to con- tinue pre- ceding act, [H.B.164.] of Congress to certain acts of the state of Maryland, Georgia, and Rhode Island, and Providence Plantations, for raising a duty on the tonnage of ships or vessels entering the ports of Patapsco, Savannah, and Providence. A bill was reported from this com- mittee on the 3d, which was immediately read the first and se- H. Journal, cond time, committed, and reported with amendments, which P. 287. were agreed to, and the bill was then ordered to the third read- ing. On the next day, the blanks having been filled up, the bill was read the third time and passed. In the Senate, the bill re- ceived the first reading on the 5th, and on the 6th was read the s. ºn, - second time, and committed to Messrs. Foster, Gunn, and Hen- p.198.201. ry. A report was made from this committee on the 9th, when Id, p. 205. the bill was amended accordingly, by striking out the words - “ for the term of three years from the passing of this act,” and inserting, in their place, the words “until the tenth day of Ja- H. Journal, nuary next,” and, thus amended, was read the third time and P. * passed. The amendment received the concurrence of the House of Representatives on the same day. – sº- On the 13th of February, 1792, it was ordered by the House 1792, of Representatives that a committee be appointed to prepare H.Journal, and bring in a bill to continue an act, entitled ‘An act declaring P. 507. the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island, and Providence Plantations;” and Messrs. Sterrett, Bourne, of Rhode Island, and Baldwin, were ap- pointed of this committee. And, on the 14th, Mr. Sterrett, from Id. p. 508, this committee, presented a bill declaring the consent of Congress to a certain act of the state of Maryland, and to continue for a longer time ‘An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island, and Providence Plantations, so far as the same respects the states of Georgia, and Rhode Island, and Providence Plantations;” which was then read the first and second time, and committed to a committee of the whole house. This bill was considered in committee on the 9th of March, and no amendments being re- id.p.531, ported, it was ordered to the third reading, after filling up a 532. blank therein. On the following day, it was read the third - time, and passed, and was sent to the Senate. In the House, this bill was, on the 15th, read the first and second time, and, by H. Journal, unanimous consent, received the third reading, and was passed. P. * - º - 612 HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Bankruptcy. 1789. #gº. On the first of June, 1789, a committee was appointed by the H. Joum, I. House of Representatives, consisting of Messrs. Smith, of South p. 43. nuptcy Carolina, Lawrance, and Ames, to prepare and bring in a bill, or * bills, to establish a uniform system on the subject of bankrupt- cies throughout the United States. No report was made from this committee. º --- flººr. On the 8th of November, 1791, a committee was appointed 1791. T by the House of Representatives, to prepare and bring in a bill, H. Journal, or bills, to establish a uniform system on the subject of bank- P4". ruptcies throughout the United States; and Messrs. Wining, Bou- dinot, Giles, Lawrance, and Gerry, were appointed of such com- mittee. There appears to have been no report made on the subject during this session. 2d Session. In the following session, on the 21st of November, 1792, a com- 1792. Bill to es mittee was again appointed by the House of Representatives, on H. Journal, * . the same subject, consisting of Messrs. Wm. Smith, Boudinot, p. 69% tem of Lawrance, White, and Gerry, with directions to prepare and * bring in a bill. A petition of merchants and traders of Charles- ton, South Carolina, stating the disadvantages under which they labour for want of a bankrupt law, was presented on the 3d of Id, p. 631. December, and referred to this committee. And, on the 10th of 1d. p. 636. [H.B.205.] December, Mr. Smith, from this committee, presented a bill to establish a uniform system of bankruptcy throughout the United States, which was read the first and second time, and committed - to a committee of the whole house, on the second Monday of Ja- nuary. This bill was not afterwards acted on. -º- 1stcongress. A PETITION of Adam Caldwell was presented to the House of 1790. 2d Session. Representatives on the 16th of June, 1790, praying relief against H. Journal, ADAM an imprisonment under which he was then suffering, for a viola- p.28% *** {ion of the laws of trade of the United States; which petition was, on the following day, referred to Messrs. Vining, Scott, and Sevier. On the 6th of August, Mr. Vining, from this commit- Id, p.2% [H. B. 99.] tee, presented a bill, which was then read the first and second 293. time, and committed to a committee of the whole house. In committee the bill was considered and amended, on the following day, and the amendments having been agreed to by the House, the bill was ordered to the third reading, and, on the 9th, was Id, p.” read the third time and passed. The bill was read the first time HISTORY - OF CONGRESS. 613 -- CHAP. VI. Navigation, &c.—Imprisonment for Debt.—St. Domingo. 1790. º in the Senate on the same day, and was then ordered to lie for S. Journal, SS10n. - - - - consideration; and, on the 11th, was again taken up for conside-P. * ration, on the question of the second reading, when it was re- Postponed solved, that the bill be postponed to the next session of Congress. Id. p. 208. —s- *lº. A committkº was appointed by the Senate, on the 16th of 1792. March, 1792, to consider and report what may be necessary to s. Journal, º º re prevent the sufferings of persons imprisoned for debt, on judg- P. * ...” * ments rendered in the courts of the United States; and Messrs. H. Ellsworth, Lee, and Strong, were appointed of such committee. And on the 2d of April, Mr. Ellsworth, from this committee, re- Id, p. 419. IS, B, 33.] ported a bill for the relief of persons imprisoned for debt, which was then read the first time, and on the following day received the second reading, and, being amended, was ordered to be read the third time. On the 4th, it was moved to insert these words, as a substitute for the second section. “That persons imprisoned as aforesaid, shall be entitled to the same allowance for support as debtors confined in the same jails by executions issuing from the courts of such states are entitled to by the laws of the same, subject to the like regulations and re- strictions.” This motion was determined in the negative, and the bill was H.Journal, then read the third time and passed. In the House of Repre- p. 562. sentatives, the bill was, on the same day, read the first time, and on the following day, received the second reading, and was com- mitted to a committee of the whole house. In committee, on the 27th of April, the bill was considered, and reported with- d. p. 563, out amendment; and on the 1st of May, after being amended in ra. p. 591. the House, the bill was read the third time and passed. The 593. Senate, on the 2d, disagreed to the first and second amendments S. Journal of the House, and agreed to the last; and on the following day, p. 436." the House receded from the amendments to which the Senate H. Journal, had disagreed. p. 595. º On the 18th of November, 1791, a letter from the President of s. Journal, ... A." the General Assembly of the French colony of St. Domingo, ex- P. 341. ºnly of plaining the reasons of the late embargo on the American ship- ºnal .." ping at that island, was laid before the Senate; and by that p. 450. body was transmitted to the House of Representatives: but no legislative proceeding was founded on this communication. 614 HISTORY OF CONGRESS. - CHAP. VI. Ist Congress. 2d Session. WEIGHTS and MEASUREs. Proceed- ings in House. 3d Session. Proceed- ings in Se- nate. 2d Congress. 1st Session. Navigation, &c.—Weights and Measures. 1791. THE expediency of adopting a uniform standard for weights and measures was suggested by the President of the United States, in his speech at the opening of the second session of the first Congress; and on the 15th of January, 1791, the House of H. Journal, Representatives ordered the subject to be referred to the secre. " 142. tary of state, to prepare and report a plan for establishing uni- formity in the currency, weights, and measures of the United States. On the 13th of July, following, the secretary of state Id, p.268. reported a plan, pursuant to the above order. And at the next session, on the 15th of December, 1791, this report was commit- d. p. 388, ted to a committee of the whole house. It was ordered, on the * 23d, that this report should be communicated to the Senate, and it was accordingly transmitted to that body. The Senate, on the 28th, appointed Messrs. Izard, Monroe, Morris, Langdon, and S. Journal, Schuyler, a committee to take this report into consideration. On P. * the 18th of January following, the secretary transmitted a post- id. P.238. script to his report. Mr. Izard, on the 1st of March, reported Id, p. 292. from the committee of the Senate, “That, as a proposition has been made to the national assem- bly of France, for obtaining a standard of measure, which shall be invariable, and communicable to all nations, and at all times; as a similar proposition has been submitted to the British Parlia- ment, in their last session; as the avowed object of these is, to in- troduce a uniformity in the measures and weights of the com- mercial nations, as a coincidence of regulation, by the govern- ment of the United States, on so interesting a subject, would be desirable, your committee are of opinion, that it would not be eligible, at present, to introduce any alteration in the measures and weights which are now used in the United States.” This report was adopted by the Senate, and thus the inquiry terminated for this session. -º- On the 1st of November, 1791, Messrs. Izard, Monroe, and 1791–92. Langdon, were appointed a committee of the Senate, “to take sjona, into consideration the subject relative to weights and measures, P. * and report their opinion thereon. And on the 4th of April, Id, p. 420. 1792, Mr. Izard made a report from this committee, which, on the next day, was taken up, and considered as follows:– “1. That it is their opinion, the standard for the measures and weights of the United States be a uniform cylindrical rod of HISTORY OF CONGRESS. 615 CHAP, WI. Navigation, &c.—Weights and Measures. 1792. 31ſºngress, iron, of such length as in latitude 45° in the level of the ocean, 1st Session. Rule for weights and mea- sures re- ported. and in a cellar of uniform natural temperature, shall perform its vibrations, in small and equal arcs, in one second of mean time. “2. That the President of the United States be requested to have such a standard rod provided; that it be prepared with all the accuracy which the importance of the object merits, and cir- cumstances admit; that this be done either by actual experi- ments, under the parallel of 45° of latitude complete, or by ac- tual experiments, rectified by due allowances, under any other parallel, where a superiority of means for accurate experiment may promise, on the whole, greater truth in the result. “3. That the expenses of the measures he shall adopt for this purpose, not exceeding — dollars, be defrayed by the pub- lic. “4. That the standard rod, so to be provided, shall be divided into five equal parts, one of which, to be called a foot, shall be the unit of measures of length for the United States. “That the foot shall be divided into 10 inches, “The inch into 10 lines, “The line into 10 points, and “That 10 feet make a decad, “10 decads a rood, “10 roods a furlong, and “10 furlongs a mile. “5. That measures of surface in the United States be made by Squares of the measures of length; and that, in the case of lands, the unit shall be a square, whereof every side shall be 100 feet, to be called a rood. “That each rood be divided into tenths and hundredths, “That 10 roods make a double acre, “And 10 double acres a square furlong. “6. That the unit of measures of capacity in the United States be a cubic foot, to be called a bushel. “That each bushel be divided into 10 pottles, “Each pottle into 10 demi-pints, “Each demi-pint into 10 metres, “That 10 bushels be a quarter, “And 10 quarters a last, or double ton. - “7. That the unit of weights of the United States be a cubic inch of rain water, to be called an ounce, and to be measured and weighed in a cellar of uniform natural temperature. “That the ounce be divided into 10 double scruples, “The double scruple into 10 carats, S. Journal, p. 421. 616 HISTORY OF CONGRESS. CHAP. VI. Navigation, &c.—Weights and Measures. 2d Congress. 1st Session. Rule, &c. reported. Report postponed. 2d Session. Report considered. Motions to postpone andamend. “The carat into 10 minims or demi-grains, “The minim into 10 mites, “That 10 ounces make a pound, “10 pounds a stone, - “10 stones a quintal, “10 quintals a hogshead.” It was then ordered that the consideration of this report be postponed until the next session of Congress. Early in the second session of this Congress, on the 16th of No- S. Journal, vember, 1792, the above report was made the order for the fol- p. 459,461. lowing Monday, but was subsequently postponed to the first Mon- day of December. It was again taken up and debated on the last named day, and on the 6th and 17th, when it was moved to Id, p.463. postpone the further consideration of the motion, and adopt the following resolution:- “Resolved—That the present measures of length be retained and fixed by an invariable standard; that the measures of surface remain as they are, and be invariable also as the measures of length, to which they are to refer; that the unit of capacity, now so equivocal, be settled at a medium and convenient term, and de- fined by the same invariable measures of length, that the more known terms in the two kinds of weights be retained and re- duced to one series, and that they be referred to a definite mass of some substance, the specific gravity of which never changes; and that a committee be appointed to bring in a bill accord- ingly.” This motion caused some debate, and, on the following day, Id, p.46% | after being amended by striking out the words “and that a - committee be appointed to bring in a bill accordingly,” was postponed, in order to take up the following motion:— | United States shall be equal to certain measures and weights now in use. “2d. That the standard for the measures and weights of the United States, be a uniform cylindrical rod of metal, of such length as, in the latitude of forty-five degrees, on the level of the ocean, and in a cellar of uniform natural temperature, shall perform its vibrations in small and equal arcs in one second of mean time, and which standard rod shall be divided into four hundred and eighty-nine equal parts. “3d. That the unit of measures of length shall be a foot, which << 1st. That the units of the measures and weights of the HISTORY OF CONGRESS. 6.17 Chap. VI. - Navigation, &c.—Weights and Measures. 1792–93. #gº shall be equal in length to one hundred parts of the aforesaid - standard rod. “That sixty-six feet shall be a chain, and eighty chains a mile. “4th. That measures of surface be made by squares of the measures of length; but in the case of land, the unit shall be an acre, which shall contain forty-three thousand five hundred and sixty square feet, or shall be ten chains in length, and one in breadth. “5th. That the unit of measures of capacity shall be a bushel, which shall be one foot square, and one foot and twenty-five - cents of a foot deep, and shall contain one cubic foot and a quar- - ter. - “6th. That the unit of weights shall be a pound, which shall be equal to the pound avoirdupois now in use, and shall be equal in weight to a quantity of rain water twenty cents of a foot square, and forty cents deep, or sixteen thousand cubic cents of a foot, measured and weighed in a cellar of uniform natural tem- perature. “7th. That the units of the measures and weights of the United States shall be divided into cents, or hundredth parts, and, where necessary, into milles, or thousandth parts, and, in the case of weights, the mille shall be divided into seven grains, equal to seven grains Troy.” And, after some debate, the motion for postponement, made yesterday, as amended, together with the motion last made, was Referred to referred to Messrs. Rutherford, Monroe, Izard, Ellsworth, and Committee. Langdon. From this committee, Mr. Rutherford made a report s. Journal, Report on the 29th of January following, which was ordered to be print- p. 476. made, and ed; and, on the 8th of February, the consideration of the report id, p. 482. subject - postponed, was ordered to be postponed till the next session of Congress. - º WoL. I.-78 º 618 HISTORY OF CONGRESS. - CHAP. VII. Public Debt. 1st Congress. 1st Session. C HAIPTER VIII. Bill making Provision for Public Debt—Debt of Georgia—Reduction of Debt— Report of Commissioners of Sinking Fund—Lost Evidences of Debt—Debt to Foreign Officers—Public Creditors of Pennsylvania—Dutch Loan–Subscrip- tions of Domestic Debt—Claims barred by Acts of Limitation, and not barred— Interest on Sums granted for Indemnities—foans to pay Debts due to States— Information concerning Dutch Loan—Receiving Loan in Domestic Debt— Claim of Maryland—Commissioners of Public Debt—Provisions for Commis- sioners of Loans—Bill to incorporate United States Bank—Supplementary Bill—Bill to reimburse Loan made of United States Bank—Balances due to - the United States—Call on Trustees of Sinking Fund for Information—Me- º morials concerning Depreciation of Currency, - THE public debt forced itself on the consideration of Congress H. Journal, at an early period, and one of the first objects of the House of P.” Representatives was to obtain the information required by the following order, which issued from that branch of the legisla- ture on the 21st of September, 1789. Call on se. “Ordered—That the secretary of the treasury be directed to *y of apply to the supreme executors of the several states, for state- - treasury. - - - ments of their public debts; of the funds provided for the pay- ment, in whole or in part, of the principal and interest thereof; and of the amount of the loan-office certificates, or other public securities of the United States, in the state treasuries respective- | ly; and that he report to the House such of the said documents - as he may obtain, at the next session of Congress.” ad session. In the third chapter of this work, certain resolutions relative 1790. Bill mak- to the public debt and the expediency of effecting a new modifi- Homi º, 3. cation of the domestic debt, have been given. These resolutions P. 210, iº of the were adopted on the 29th of March and 26th of April. [Journal, U. States. p. 184 and 200, 201.] On the last named day, a committee was appointed to prepare and bring in a bill pursuant to these reso- lutions; and, from this committee, on the 6th of May, Mr. Stone [H. B. 63.] introduced a bill making provision for the debt of the United States, which was then read the first and second time, and com- mitted to a committee of the whole house. The bill was consi- - dered in committee of the whole, on the 19th, 20th, 21st, 24th, Id, p.” and 25th of May, when the chairman (Mr. Seney) reported that –221. the committee had agreed to the first twelve sections of the bill, HISTORY OF CONGRESS. 619 CHAP.VII. 1st Congress. 2d Session. Motions to amend. Public Debt. with amendments, and prayed to be discharged from the further consideration of it. The committee were discharged on the 26th, and the House then proceeded to consider the several amendments to the first, second, fourth, eighth, and twelfth sec- tions of the bill, which were agreed to. The following amend- ment to the third section being under consideration; to wit:— “To the end of the section, add, “Those which shall be is- sued for the bills of credit, issued by the authority of the United States in Congress assembled, at the rate of one hundred dollars, in the said bills, for one dollar in specie.’” It was moved, and agreed to, to strike out the words “one hundred.” It was then moved to insert, in lieu of the words stricken out, the words “seventy-five;” and the question being taken on this motion, it was decided in the affirmative by the fol- lowing vote:– Jºyes–Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griſ- fin, Grout, Hathorn, Huger, Huntington, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith, of Maryland, Sturges, Sumpter, Thatcher, Tucker, Wynkoop.–31. Noes–Messrs. Ashe, Baldwin, Bloodworth, Carroll, Coles, Contee, Hartley, Heister, Jackson, Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Scott, Seney, Sinnickson, Smith, of South Carolina, Steele, Stone, Trumbull, White, Wil- liamson.—25. It was then moved to amend the bill, by adding to it the fol- lowing proviso: “Provided, That interest shall be computed on the said bills, from the day of , 1781.” The question being put on this motion, it was determined in the ne- gative, by the following vote:– - Jºyes—Messrs. Ames, Foster, Gerry, Gilman, Goodhue, Grout, Hathorn, Huger, Leonard, Livermore, Partridge, Sedg- wick, Sumpter, Thatcher, Tucker.—15. Noes—Messrs. Ashe, Baldwin, Benson, Bloodworth, Boudi- not, Burke, Cadwalader, Carroll, Coles, Contee, Fitzsimons, Floyd, Gale, Griffin, Hartley, Heister, Huntington, Jackson, Lawrance, Lee, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Van Rensselaer, Schureman, Scott, Seney, Sher- man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sturges, Trumbull, White, Williamson, Wynkoop.–42. - 1790. H. Journal, p. 222. Id. p. 223. Id. p. 224. 620 HISTORY OF CONGRESS, • * CHAP.VII. Public Debt- §§." The amendment to the third section, as before amended, was then agreed to, and the bill was further amended; and, on the 27th, the bill was ordered to the third reading. On the 2d of June, the bill was passed; and, on the same day, was read the |- first time in the Senate. The second reading produced a discus- s. Journal, sion, which occupied the 3d, 7th, 9th, 10th, and 11th of June, p. 150, 151. when it was committed to Messrs. Lee, Ellsworth, Maclay, and Hyº- Paterson. Mr. Lee made a report from this committee on the id. p. 158 15th, which was considered and debated on the 16th, 17th, 18th, 162, 163. and 21st, when, - On motion to agree to the following paragraph of the report; to wit: “In the 4th section, 2d line, strike out from the word ‘entitled,’ to the word ‘or,’ at the end of the next paragraph, inclusive: also, strike out from the word ‘sum,” in the 5th line of the next paragraph, to the proviso at the end of the section; and then the bill will read, ‘That, for any sum which shall be subscribed to the said loan by any person or persons, or body politic, the subscriber or subscribers shall be entitled to a certi- ficate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, the whole of the sum by him, her, or them subscribed; bearing an interest of four per cent, per annum, payable quarter yearly, and subject to redemp- tion, by payments not exceeding in one year, on account of both principal and interest, the proportion of six dollars upon a hun- dred of the same sum: Provided, always—That it shall not be understood that the United States shall be bound or obliged to redeem in the proportion aforesaid, but it shall be understood, only, that they have a right so to do.” º “The design of this amendment of your committee, is to dis- | charge the alternatives proposed in the bill, and to fund the do- - mestic debt of the United States at an interest of four per cent. per annum.” The question, on agreeing to the clause, having been put, it f was decided in the affirmative, by the following vote:– Yeas—Messrs. Bassett, Carroll, Dalton, Ellsworth, Few, Hawkins, Henry, Johnston, Lee, Maclay, Read, Strong, Win- gate.—13. - Nays—Messrs. Butler, Gunn, Johnson, Izard, King, Lang- don, Morris, Paterson, Schuyler, Walker.—10. Ordered to On the 22d, the report of the committee was accepted as an Id, p. 164 º * amendment to the bill, which was then ordered to the third reading. - History of congress. 621 twenty-two millions of dollars, in the certificates issued by the respective states for services or supplies towards the prosecution of the late war. The certificates which shall be loaned, to stand charged to the respective states by whom they were issued, un- til a liquidation of their accounts with the United States can be completed.” An unsuccessful motion was then made to assign the following day for the consideration of this motion; and, on the 2d of July, it was committed to Messrs. Carroll, Lee, Strong, Ellsworth, and Paterson. Mr. Carroll made a report from this committee, as follows:— Report of “ Whereas a provision for the debt of the respective states by committee, on motion. the United States would be greatly conducive to an orderly, eco- nomical, and effectual arrangement of the public finances; would tend to an equal distribution of burdens among the citizens of the several states; would promote more general justice to the different classes of public creditors; and would serve to give sta- bility to public credit: and whereas the said debts, having been essentially contracted in the prosecution of the late war, it is just that such provision should be made: - * Resolved—That a loan be proposed, to the amount of twenty- one millions of dollars, and that subscriptions to the said loan be received at the same times and places, by the same persons, and upon the same terms, as in respect to the loan which may be pro- posed concerning the domestic debt of the United States, subject to the exceptions and qualifications hereafter mentioned; and that the sums which shall be subscribed to the said loan shall be paya- ble in the principal and interest of the certificates or notes, which, prior to the first day of January last, were issued by the respect- ive states, as acknowledgments or evidences of debts by them re- spectively owing, and which shall appear, by oath or affirmation, (as the case may be,) to have been the property of an individual or individuals, or body politic, other than a state, on the said first day of January last: Provided—That no greater sum shall be re- ceived in the certificates of any state, than as follows; that is to Say:- Chap.VII. Public Debt. 1790. 'º';..." In the mean time, Mr. Ellsworth had, on the 13th of June, 4 Session. given notice that he should bring in a bill, making provision for the debts of the respective states; but, instead of doing this, on the 14th, he submitted to the Senate the following motion:— Mr. Ells. “Resolved—That provision shall be made, the next session s. Journal, . of Congress, for loaning to the United States a sum not exceeding P.15%. 157. Id. p. 176. Id. p. 177. 622 HISTORY OF CONGRESS. “...And provided—That no such certificate shall be received, which, from the tenor thereof, or from any public record, act, or document, shall appear, or can be ascertained to have been issued for any purpose other than compensations and expendi- tures for services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part there- of, during the same. - - “Resolved—That the interest upon the certificates which shall be received in payment of the sums subscribed towards the said loan, shall be computed to the last day of the year one thousand seven hundred and ninety-one, inclusively; and the interest upon the stock, which shall be created by virtue of the loan that may be proposed in the domestic debt of the United States. * Resolved—That, if the whole of the sum allowed to be sub- scribed in the debt or certificate of any state, as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive, from the United States, at the rate of four per centum per annum, upon so much of the said sum as shall not have been so subscribed, in trust for the non-subscribing creditors of such state, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the indivi- dual states; and, in case a balance shall then appear in favour of such state, until provision shall be made for the said balance. “But, as certain states have, respectively, issued their own certificates in exchange for those of the United States, whereby it might happen that interest might be twice payable on the same SulmS: CHAP, VII. Public Debt. , 1790, #gº. “In those of New Hampshire, ----- $300,000 s. Journal, *- “In those of Massachusetts, - - - 4,000,000 p. 178. e. “In those of Rhode Island and Providence Plantations, 200,000 “In those of Connecticut, - - - - 1,600,000 “In those of New York, - - - - 1,200,000 | “In those of New Jersey, - - - - 800,000 “In those of Pennsylvania, - - - - 2,200,000 “In those of Delaware, - - - - 200,000 “In those of Maryland, - - - - 800,000 “In those of Virginia, - - - - - 3,200,000 “In those of North Carolina, - - - 2,200,000 “In those of South Carolina, - - - 4,000,000 “In those of Georgia, - - - - - 300,000 $21,000,000 HISTORY OF CONGRESS, - 623 Chap.VII. Public Debt, 1790. isºgongress. “Resolved—That the payment of interest, whether to states 2d Session. - - - - - - or to individuals, in respect to the debt of any state, by which - ... such exchange shall have been made, shall be suspended until it shall appear to the satisfaction of the secretary of the treasury, that certificates issued for that purpose, by such state, have been re-exchanged or redeemed, or until those which shall not have been re-exchanged or redeemed, shall be surrendered to the - United States. “And, it is further “Resolved—That the faith of the United States be, and the same is hereby, pledged to make like provision for the payment of interest on the amount of the stock arising from subscriptions to the said loan, with the provision, which shall be made touch- ing the loan that may be proposed in the domestic debt of the - United States; and so much of the debt of each state as shall be subscribed to the said loan, shall be a charge against such state, in account with the United States.” - Motions to It was then agreed that the preamble should be postponed. * * And it was moved to amend the first paragraph of the report, as follows:– “After the word ‘persons,” in the 3d line, strike out, and S. Journal, upon the same terms as in respect to the loans which may be P. 179s. proposed, concerning the domestic debt of the United States,” and insert, after the word “mentioned,’ in the 5th line, as fol- lows: “And the subscribers shall receive certificates for the prin- cipal and interest of the sum so subscribed, one of which certifi- cates shall purport, that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum equal to two- thirds of the said sum so subscribed, bearing an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding, in one year, on ac- - count both of principal and interest, the proportion of eight dol- - - lars upon a hundred of the sum mentioned in such certificate; - and, to another certificate, purporting that the United States owe --- to the holder or holders thereof, his, her, or their assigns, a sum equal to twenty-six dollars and eighty-eight cents, on every hun- dred dollars of the sum so subscribed, which, after the year one thousand eight hundred, shall bear an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding in one year, on account both of prin- cipal and interest, the proportion of eight dollars upon a hun- dred of the sum mentioned in such certificate: Provided, a/. - 624 HISTORY OF CONGRESS, CHAP. VII. - Public Debt. 1790. - #º ways—That it shall not be understood that the United States shall eSSlon. - - - - be bound or obliged to redeem, in the proportion aforesaid, but it : | ** shall be understood only that they have a right so to do.’” amend. A motion was made to postpone the amendment, with a view to take the opinion of the Senate, whether the debts of the indi- vidual states shall be assumed by the United States; but this mo- tion was decided in the negative, as was also a motion to agree to the amendment proposed to the report of the committee. It was then resolved that the rule prescribed for the second reading of bills be adopted, in considering the report of the committee. After this, a motion to strike out the words “twenty-one mil- lions of dollars,” in the first paragraph of the report, and that it stand a blank, was determined in the negative. The consideration of this report having been resumed on the - the following day, when the question being put, on motion to -- agree to the following paragraph:— - | * Resolved—That a loan be proposed to the amount of twenty- S. Journal -- one millions of dollars, and that subscriptions to the said loan be p. 180. received at the same times and places, by the same persons, and - - - upon the same terms, as in respect to the loans which may be º i * proposed concerning the domestic debt of the United States, - subject to the exceptions and qualifications hereafter mentioned:” It was decided in the affirmative, by the following vote:– Yeas—Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- ler, Strong.—14. Ways—Messrs. Bassett, Few, Foster, Hawkins, Henry, John- ston, Lee, Maclay, Stanton, Walker, Wingate.—11. The residue of the paragraph, from the words “and that the sums,” to the words “January last,” inclusive, was then agreed to. It was then moved to add to the paragraph just agreed to, af. ter the words “January last,” these words, “and in bills of the new emission money due from the states respectively;” but the motion was not successful. The clauses of the report, to the end of the schedule, were then adopted. A motion to expunge the last paragraph of the first resolution as reported; to wit: from the words “and provided,” to the word “same,” inclusive, was rejected, and the paragraph was then agreed to. The second resolution, as reported, was then agreed to. - - It was then moved to amend the third resolution, by striking out these words, “at the rate of four per centum per annum,” - - HISTORY OF CONGRESS. 625 CHAP.VII. - Public Debt. 1790. 1st Congress, and insert “an interest of 2d Session. per centum per annum, at the same rate as shall be allowed to the domestic creditors of the United States;” but this motion was not sustained: and the question being taken on agreeing to the resolution as reported, it was decided in the affirmative, by the following vote:- Yeas—Messrs. Bassett, Carroll, Ellsworth, Few, Gunn, Haw- kins, Henry, Johnson, Johnston, Izard, Lee, Maclay, Read, Stan- ton, Walker.—15. JVays—Messrs. Butler, Dalton, Elmer, Foster, King, Langdon, Morris, Paterson, Schuyler, Strong, Wingate.—11. - The fourth resolution, with the preamble, was then agreed to. It was then moved to expunge, in the last resolution, these words, “From subscriptions to the said loan,” and to insert in their place the words, “under this act;” but this motion was de- termined in the negative; and the resolution, as reported, was - agreed to. It was then moved to agree to the preamble of the report, and the question being put, it was decided in the affirmative, by the following vote:– Yeas—Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuyler, Strong—16. Nays—Messrs. Bassett, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Stanton, Walker, Wingate.—10. - * A motion was then made, that the report of the committee, - ..." together with the bill entitled “An act making provision for the - debt of the United States,” be referred to a special committee; and the question being taken on this motion, it was decided in the negative, by the following vote:– Yeas—Messrs. Butler, Dalton, Gunn, Johnson, Izard, King, Morris, Paterson, Schuyler, Strong—10. JVays—Messrs. Bassett, Carroll, Ellsworth, Elmer, Few, Fos- ter, Hawkins, Henry, Johnston, Langdon, Lee, Maclay, Read, Stanton, Walker, Wingate.—16. -- The report of the committee was then ordered to another reading; and, on the 15th, the report, and the bill making pro- vision for the debt of the United States, were committed to Messrs. Butler, Morris, Read, Ellsworth, King, Lee, and Strong. Motions to amend. On the 16th, Mr. Butler, from this committee, made report as follows:– - *: of “That, having maturely considered all circumstances, they s. Journal, ** are of opinion, that the principal of the domestic debt should be Pº WoL. I.-79 626 HISTORY OF CONGRESS..." i Chap. VII. Public Debt. 1790. jº funded agreeably to the third alternative, in the report of the - secretary of the treasury; and that the interest which may be due thereon, including indents, be funded at the rate of three per cent. per annum; and that whatever sum the legislature may think proper to assume of the states' debts, be funded at the proportion of two-thirds thereof, agreeably to the third al- - ternative in the secretary's report, and the other third at three per cent. per annum. º “Your committee further recommend that the resolutions for the assumption be added to the funding bill, and the whole made one system.” Report. Reporta. The whole of the first paragraph of this report having been ** adopted, the question was put on agreeing to the last, and was decided in the affirmative, as follows:– - Yeas—Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Few, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- ler, Strong.—15. - JVays—Messrs. Bassett, Foster, Gunn, Hawkins, Henry, John- ston, Lee, Maclay, Stanton, Walker, Wingate.-11. So the report was accepted by the Senate, and the report S. º committed on the 15th : the report now agreed to, and the bill p. 182. making provision for the debt of the United States, were recom- mitted, with an instruction to the committee to conform the bill to the principles of the reports. And, on the following day, Mr. Butler, from the committee, reported the bill amended upon the principles agreed to; and, on the 19th, the Senate agreed to Id, p. 183, amend the bill according to the report. The question on the third reading of the bill then came up, when several amend- ments were agreed to. A motion was then made further to amend the bill in the third section, and to provide for funding of the bills of credit issued by the authority of the United States, at the rate of forty for one; but this motion was decided in the - negative, by the following vote:- Yeas—Messrs. Dalton, Foster, King, Langdon, Morris, Pater- . son, Schuyler, Strong, Wingate.—9. - JWays—Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, Gunn, Hawkins, Henry, Johnston, Izard, Lee, Maclay, Read, Stanton, Walker.—16. Motions to A motion so to amend the section as that the above-mentioned * bills of credit be funded at the rate of seventy-five for one, was equally unsuccessful. It was then agreed, in line 23d, to strike out “seventy-five,” and fund the said bills of credit at the HISTORY OF CONGRESS. - 627 Chap, VII, Public Debt. 1790. ºn rate of one hundred for one; and to strike out from the original T bill the proviso in the third section. * * It was then agreed to strike out the whole of section fourth, and insert section fourth and fifth amended. A motion was then made to amend section fourth of the amendment, to read as follows: “And be it further enacted—That for the whole, or any part of any sum subscribed to the said loan by any person or persons, or body politic, which shall be paid in the principal of the said domestic debt, the subscriber or sub- scribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to the sum so -- paid, bearing an interest of six per centum, payable quarter year- - ly, and subject to redemption, by payments, not exceeding, in one year, on account, both of principal and interest, the proportion of seven dollars upon a hundred of the sum mentioned in such cer- tificate: Provided, always, That it shall not be understood that the United States shall be bound or obliged to redeem in the pro- portion aforesaid; but it shall be understood only that they have a right so to do;” and the question being taken, it was decided in the negative, as follows:– Yeas—Messrs. Gunn, King, Morris, Paterson, Schuyler, Wal- ker.—6. - JWays—Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, El- mer, Few, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Read, Stanton, Strong, Wingate—19. It was then moved to amend the first clause of the amend- ment agreed to, in the fourth section, so as to read thus: “And be it further enacted—That, for the whole or any part of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid on the principal and interest of the said domestic debt, so as to enable the subscribers to the loan - to pay their subscriptions in interest as well as principal; and the question being taken on this motion, it was decided in the nega- tive, by the following vote:– - Yeas—Messrs. Few, Hawkins, King, Langdon, Morris, Pater- son, Schuyler, Walker.—8. - JVays—Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, El- - mer, Foster, Gunn, Henry, Johnston, Izard, Lee, Maclay, Read, Stanton, Strong, Wingate—17. Another motion was then made to amend the amendment agreed to, so that the fourth section may provide that the second certificate given the subscriber should entitle him to “a sum to 628 HISTORY OF CONGRESS. Chap. VII. 1st Congress. 2d Session. Motions to amend. Public Debt. 1790. be expressed therein, equal to the proportion of thirty-three and one-third dollars, instead of twenty-six dollars and eighty-eight cents, upon one hundred of the sum so paid, which, after the year eighteen hundred, shall bear an interest of six per cent.; and the question being taken on this motion, it was determined in the negative, by the following vote:– Yeas—Messrs. Butler, Elmer, Henry, King, Langdon, Morris, Paterson, Schuyler, Walker.—9. JWays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Few, Fos- ter, Hawkins, Johnston, Izard, Lee, Maclay, Read, Stanton, Strong, Wingate.—15. It was then moved to amend the fourth section of the amend- S ment agreed to, as follows: “And be it further enacted—That, for the whole or any part of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid on the principal of the said domestic debt, the subscriber or sub- scribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, the whole of the sum by him, her, or them sub- scribed, bearing an interest of four per centum per annum, paya- ble quarter yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and inte- rest, the proportion of six dollars upon a hundred of the said sum : Provided, that it shall not be understood that the United States shall be bound, or obliged, to redeem in the proportion aforesaid, but it shall be understood only, that they have a right so to do;” and the question being taken on this motion, it was decided in the negative, as follows:— Yeas—Messrs. Bassett, Few, Foster, Hawkins, Johnston, Maclay, Stanton, Wingate. —8. - Nays—Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Gunn, Henry, Izard, King, Langdon, Lee, Morris, Paterson, Read, Schuyler, Strong, Walker.—17. A motion was then made to amend the last clause of the last amendment agreed to, namely, of section fifth, so as to entitle the subscriber for any sum subscribed to the said loan, and which shall be paid in the interest of the domestic debt, to a certificate for such sum subscribed, bearing an interest of six per cent.; and the question being taken, it was decided in the negative, as fol- Hows:– Yeas—Messrs. King, Morris, Paterson, Schuyler, Walker. —5. Nays—Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, . Journal, p. 184, HISTORY OF CONGRESS. 629 Chap.VII. Public Debt. 1790. 1st Congress. 2d Session. Motions to amend. - Elmer, Few, Foster, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Read, Stanton, Strong, Wingate.—20. It was then moved to amend the same clause of the same sec- tion, so as to entitle the subscribers, for any sum subscribed to the said loan, and which shall be paid in the interest of the do- mestic debt, to a certificate for the sum subscribed, bearing an interest of four per cent.; and the question being put on this mo- tion, it was decided in the negative by the following vote:– Yeas—Messrs. Elmer, Henry, King, Langdon, Morris, Pa- terson, Schuyler, Walker.—8. Nays—Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Maclay, Read, Stanton, Strong, Wingate.—17. - - Several other amendments were then made in the bill, and its further consideration was postponed till to-morrow. The question of the third reading of the bill being resumed on the 20th, a motion was then made to strike out the following sec- tions reported by the committee:– « Sect. 13. And whereas, a provision for the debts of the re- spective states, by the United States, would be greatly conducive to an orderly, economical, and effectual arrangement of the pub- lic finances: “Be it, therefore, further enacted—That a loan be proposed to the amount of twenty-one millions and five hundred thousand dollars, and that subscriptions to the said loan be received at the same times and places, and by the same persons, as in respect to the loan hereinbefore proposed concerning the domestic debt of the United States; and that the sums which shall be subscribed to the said loan, shall be payable in the principal and interest of the certificates or notes, which, prior to the first day of January last, were issued by the respective states, as acknowledgments S. Journal, p. 185. or evidences of debts by them respectively owing: Provided— That no greater sum shall be received in the certificates of any state, than as follows; that is to say:— “In those of New Hampshire, - - - $300,000 “In those of Massachusetts, - - - 4,000,000 “In those of Rhode Island and Providence Plantations, 200,000 “In those of Connecticut, - - - " - 1,600,000 “In those of New York, - - - - 1,200,000 “In those of New Jersey, - - - - 800,000 “In those of Pennsylvania, - - - - 2,200,000 $10,300,000 630 HISTORY OF CONGRESS. CHAP.VII. Public Debt. 1790. 1st Congress. Amount brought over, - - - $10,300,000 2d Session. H “In those of Delaware, - - - - 200,000 Motiºns to “In those of Maryland, - - - - 800,000 amend. - - - “In those of Virginia, - - - - - 3,500,000 “In those of North Carolina, - - - 2,400,000 “In those of South Carolina, - - - 4,000,000 “In those of Georgia, - - - - - 300,000 $21,500,000 “...And provided—That no such certificate shall be received, which, from the tenor thereof, or from any public record, act, or document, shall appear, or can be ascertained, to have been issued for any purpose other than compensations and expendi- tures for services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part there- of, during the same. - “Sect. 14. And be it further enacted—That, for two-thirds of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid in the principal and interest of the certificates or notes issued as aforesaid, by the respective states, the subscriber or subscribers shall be entitled to a certifi- cate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to two-thirds of the aforesaid two-thirds, bearing an inte- rest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of se- ven dollars upon a hundred of the sum mentioned in such certi- ficate; and, to another certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their as- signs, a sum to be expressed therein, equal to the proportion of twenty-six dollars and eighty-eight cents upon a hundred of the said two-thirds of such sum so subscribed, which, after the year one thousand eight hundred, shall bear an interest of six per cen- tum per annum, payable quarter yearly, and subject to re- demption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of seven dollars upon a hundred of the sum mentioned in such certificate; and that, for the remaining third of any sum so subscribed, the sub- scriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to the said remaining third, bearin g an interest of three per centum per . HISTORY OF CONGRESS. 631 Ch.A.P.VII. Public Debt. 1790. §§." annum, payable quarter yearly, and subject to redemption by -- payment of the sum specified therein, whenever provision shall Motions to - ...” “ be made by law for that purpose. “Sect. 15. 2nd be it further enacted—That the interest s. Journal, upon the certificates which shall be received in payment of the p. 186. sums subscribed towards the said loan, shall be computed to the last day of the year one thousand seven hundred and ninety-one, inclusively; and the interest upon the stock, which shall be cre- ated by virtue of the said loan, shall commence or begin to ac- crue on the first day of the year one thousand seven hundred and ninety-two, and shall be payable quarter yearly, at the same time, and in like manner, as the interest on the stock to be cre- ated by virtue of the loan above proposed, in the domestic debt of the United States. - - “Sect. 16. And be iſ further enacted—That, if the whole sum allowed to be subscribed in the debt or certificates of any state, as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive, from the United States, at the rate of four per cen- tum per annum, upon so much of the said sum as shall not have been so subscribed, in trust for the non-subscribing cre- ditors of such state, who are holders of certificates or notes is- sued on account of services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the individual states; and in case a balance shall then appear in favour of such state, until provision shall be made for the said balance. - “Sect. 17. But as certain states have respectively issued their own certificates, in exchange for those of the United States, whereby it might happen that interest might be twice payable on the same sum, - “Be it further enacted—That the payment of interest, whether to states or to individuals, in respect to the debt of any state, by which such exchange shall have been made, shall be sus- pended, until it shall appear, to the satisfaction of the secretary of the treasury, that certificates issued for that purpose by such state, have been re-exchanged or redeemed, or until those which shall not have been re-exchanged or redeemed, shall be surren- dered to the United States. w “Sect. 18. And be it further enacted—That so much of the 632 HISTORY OF CONGRESS. der consideration, namely, adding to the blll several clauses “making a provision for the debt of the United States,” a mo- tion was made to disagree to this amendment; and the question CHAP.VII. Public Debt. 1790, º: debt of each state as shall be subscribed to the said loan, shall - be charged against such state, in account with the United Motions to States.” - - amend. - - The question being taken on the motion to strike out these sections, it was determined in the negative, by the following Vote:— Yeas—Messrs. Bassett, Few, Foster, Gunn, Hawkins, Hen- ry, Johnston, Lee, Maclay, Stanton, Walker, Wingate.—12. Nays—Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- ler, Strong—14. Bill passed Several other amendments were then made; and, on the 21st, S. Journal, ** the bill was read the third time, and on the question of its pas-P. 187. mend- sage as amended, the vote stood as follows:— ments. Yeas—Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuy- ler, Strong.—14. Nays—Messrs. Bassett, Few, Foster, Gunn, Hawkins, Hen- ry, Johnston, Lee, Maclay, Stanton, Walker, Wingate.—12. The bill, as amended, was then sent to the House of Repre- H. Journal, sentatives for concurrence; and the amendments were there con- P. 277. sidered on the 22d, 23d, and 24th, when the following resolu- tion was adopted:— Resolu- “Resolved—That this House do agree to the first, second, tions of third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, House as to - - amend twelfth, and thirteenth amendments, with amendments to the ments. said seventh amendment, as follow:— Amend. “In the clauses proposed to be inserted by the Senate, in lieu * of the fourth section. “Line 12. Strike out seven,” and insert eight.” & 4 17. Strike out twenty-six dollars and eighty-eight - cents,’ and insert ‘thirty-three dollars, and one-third of a dollar.” - “Line 19. Strike out “eight hundred,” and insert seven hun- dred and ninety-seven.” “Line 23. Strike out seven,” and insert “eight.” “— 40. Strike out ‘ three,” and insert ‘four.”” The last amendment proposed by the Senate, being then un- Id, p. 278. HISTORY OF CONGRESS. 633 CHAP.VII. Public Debt. º being taken on this motion, it was determined in the negative, by the following vote:– º*; Jāyes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Coles, House. Contee, Floyd, Gilman, Griffin, Hartley, Hathorn, Heister, Jackson, Livermore, Madison, jr., Mathews, Moore, Muhlen- berg, Page, Parker, Van Rensselaer, Scott, Seney, Sevier, Smith, of Maryland, Steele, Stone, Sumpter, Williamson.—29. Noes—Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gerry, Goodhue, Grout, Huntington, Lawrance, Lee, Leonard, Partridge, Schure- man, Sedgwick, Sherman, Silvester, Sinnickson, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Vining, Wadsworth, White, Wynkoop.–32. The consideration of the amendments was resumed on the 26th of July, when the same amendment being yet under con- sideration, a motion was made to amend this amendment by adding to the end of the first clause, or section, the following proviso:- “Provided always, and be it further enacted—That if the total amount of the sums which shall be subscribed to the said loan in the debt of any state, within the time limited for re- ceiving subscription thereto, shall exceed the sum by this act allowed to be subscribed within such state, the certificates and credits granted to their respective subscribers, shall bear such proportion to the sums by them respectively subscribed, as the total amount of the said sums shall bear to the whole sum so al- Iowed, to be subscribed in the debt of such state within the same; and every subscriber to the said loan shall, at the time of , subscribing, deposite with the commissioner the certificates or notes to be loaned by him.” Further This motion was agreed to; and it was then moved further to . amend the said amendment, by adding to the end of the first clause, or section, this proviso:- - “...And provided—That the original holders of certificates in the several states, shall have the exclusive right of subscribing for the space of six months from the time in which the offices shall be opened in the states respectively, and that the whole of their claims shall be funded.” The question being taken on this proposition to amend, it was decided in the negative, by the following vote:— affyes–Messrs. Ashe, Bloodworth, Brown, Coles, Jackson, Vol. I-80 1790 - H. Journal, p. 279. 634 HISTORY OF CONGRESS. CHAP.VII, Public Debt. 1790. º Madison, jr., Mathews, Muhlenberg, Page, Parker, Scott, Se- ney, Steele, Sumpter, Williamson.—15. m.”. Noes—Messrs. Ames, Baldwin, Benson, Boudinot, Burke, House. Cadwalader, Carroll, Clymer, Contee, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hartley, Ha- thorn, Huger, Huntington, Lee, Leonard, Livermore, Moore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sevier, Sher- man, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Thatcher, Trumbull, Tucker, - Vining, Wadsworth, White, Wynkoop.–45. & Resolved—That the second clause or section of the said H. Journal, - amendment be amended as followeth:— - p. 280. “Line 13th. Strike out ‘seven,” and insert “eight.” “Lines 18th and 19th. Strike out “twenty-six dollars and eighty-eight cents,’ and insert ‘thirty-three dollars and one-third of a dollar.” “Line 21st. Strike out “eight hundred,” and insert “seven hundred and ninety-seven.” “ Line 25th. Strike out seven,” and insert “eight.” “Line 31st. Strike out ‘ three,” and insert ‘four.” A motion was then made further to amend the said amend- ment, by striking out the fourth clause or section, in the words following:— “And be it further enacted—That if the whole sum allowed to be subscribed in the debt or certificates of any state, as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive, from the - United States, an interest per centum per annum, upon so - much of the said sum as shall not have been so subscribed, equal to that which would have accrued on the deficiency, had the same been subscribed, in trust for the non-subscribing creditors of such state, who are holders of certificates or notes issued on account of services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the individual states; and, in case a balance shall then appear in favour of such state, until provision shall be made for the said - balance.” The question being taken on this motion, it was determined in the negative by the following vote:- - - - HISTORY OF CONGRESS, 635 Chap, VII. Public Debt, 1790. isºgongress. Ayes—Messrs. Baldwin, Bloodworth, Brown, Coles, Contee, Gil- 2d Session. Resolu- tion of Se- nate, man, Jackson, Livermore, Mathews, Moore, Van Rensselaer, Se- vier, Williamson.—13. JVoes—Messrs. Ashe, Ames, Benson, Boudinot, Burke, Cadwa- lader, Carroll, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Goodhue, Griffin, Grout, Hartley, Hathorn, Heister, Huntington, Lawrance, Lee, Leonard, Madison, jr., Muhlenberg, Page, Par- ker, Partridge, Schureman, Sedgwick, Seney, Sherman, Silves- ter, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, Wining, Wadsworth, White, Wynkoop.–47. The main question being then put, that the House agree to the H. Journal, said amendment proposed by the Senate, for adding to the end P. * of the bill several clauses “making a provision for the debts of the respective states,” as now amended, it was determined in the affirmative by the following vote:– Ayes—Messrs. Ames, Benson, Boudinot, Burke, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gerry, Goodhue, Grout, Huger, Huntington, Lawrance, Lee, Leonard, Partridge, Schure- man, Sedgwick, Sherman, Silvester, Sinnickson, Smith, of South Carolina, Sturges, Sumpter, Thatcher, Trumbull, Tucker, Wining, Wadsworth, White, Wynkoop.–34. JVoes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Coles, Con- tee, Floyd, Gilman, Griffin, Hartley, Hathorn, Heister, Jackson, Livermore, Madison, jr., Mathews, Moore, Muhlenberg, Page, Parker, Van Rensselaer, Scott, Seney, Sevier, Smith, of Mary- land, Steele, Stone, Williamson.-28. The Senate, on the 27th of July, ordered the resolutions of the s. Journal, House to be printed; and, on the following day, proceeded to P. 190. consider the same, and the amendments of the House to the amendments of the Senate, and “Resolved—That they agree to the first amendment, to wit: line 12th. Strike out ‘seven,” and insert “eight.” This reserves to the United States the power to redeem, at their option, of the sum borrowed, at the rate of eight per cent. Zoe?" dº????!???. On motion to agree to the second amendment; to wit:-" line Id. p. 191. 17. Strike out twenty-six dollars and eighty-eight cents,’ and in- sert ‘thirty-three dollars and one-third of a dollar;’” the question was decided in the affirmative, as follows:– Yeas—Messrs. Butler, Dalton, Elmer, Gunn, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, Walker.—12. 636 HISTORY OF CONGRESS. CHAP.VII. Public Debt. ºgº. Nays—Messrs. Bassett, Carroll, Ellsworth, Few, Foster, * - Hawkins, Johnston, Lee, Read, Stanton, Strong, Wingate.—12. The numbers being equal, the casting vote of the Vice-Presi- dent determined the question in the affirmative. The effect of this amendment is to entitle the subscriber to a second certificate for thirty-three and one-third dollars of the sum subscribed, instead of twenty-six dollars and eighty-eight cents, in every hundred; his second, or deferred certificate, to bear an interest of six per cent., after the year 1800. Action of It was moved to disagree to the third amendment; to wit:— i. “Line 19th. Strike out “eight hundred,” and insert seven hun- ments of dred and ninety-seven;’ ” by which the subscriber will be en- * titled to an interest of six per cent. on his deferred certificate, after the year 1797, instead of 1800. The question being taken on this motion, it was decided as follows:— Yeas—Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Haw- kins, Johnston, Lee, Read, Stanton, Strong, Wingate.—12. Nays—Messrs. Butler, Dalton, Elmer, Gunn, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, Walker.—12. The numbers being again equal, the Vice-President gave his casting vote in favour of the amendment. The fourth amendment to the amendments:—“Line 23d, strike out seven,” and insert “eight,’” thus providing that the United States may redeem, by annual payments, on account of principal and interest, at the rate of eight per cent. instead of seven per cent. per annum, was agreed to. The Senate then proceeded to the consideration of the fifth amendment, namely:-" Line 40th, strike out “three,” and in- sert ‘four,’ ” which provides that the subscribers shall be en- titled to an interest of four, instead of three, per cent. for such part of their subscription as they may pay in the arrears of in- terest, including indents. The question being taken on agree- ing to this amendment, it was decided in the negative, by the fol- lowing vote:– Yeas—Messrs. Dalton, Henry, King, Langdon, Morris, Pa- terson, Schuyler, Walker.—8. Nays—Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Read, Stan- - ton, Strong, Wingate.—16. The sixth amendment to the amendments was agreed to, as follows:– “ Provided, also, and be it further enacted—That, if the total amount of the sums which shall be subscribed to the said loan, in the debt of any state, within the time limited for HISTORY OF CONGRESS. 637 Public Debt, - 1790. Chap.VII. lºgº receiving subscriptions thereto, shall exceed the sum by this act - allowed to be subscribed within such state, the certificates and sº." .. credits granted to the respective subscribers shall bear such pro- the *: portion to the sums by them respectively subscribed, as the total ments o House. amount of the said sums shall bear to the whole sum so allowed to be subscribed, in the debt of such state, within the same; and every subscriber to the said loan shall, at the time of subscribing, deposite with the commissioner the certificates or notes to be loaned by him.” The Senate also agreed to the seventh amendment to the amendments; namely:—“In the second clause or section, line 13th, strike out ‘seven,” and insert “eight.’” This applies to the assumed debt, and provides that the United States may re- deem, by annual payments, on account of principal and interest, at the rate of eight per cent. instead of seven per cent. per an- 700/772. - It was then moved to agree to the eighth amendment; name- ly:—“ Lines 18th and 19th, strike out twenty-six dollars and eighty-eight cents,’ and insert thirty-three dollars and one-third of a dollar.’” This applies to the assumed part of the debt, and will entitle the subscriber to a second certificate for thirty-three dollars and one-third of a dollar per cent., instead of twenty-six dollars and eighty-eight cents on every hundred; the said second certificate to be on interest at six per cent. after the year 1800. The question being put on the motion to agree, it was decided in the affirmative by the following vote:- Yeas—Messrs. Butler, Dalton, Elmer, Henry, Johnston, Izard, S. Journal, King, Langdon, Morris, Paterson, Schuyler, Strong, Walker. p. 192,i —13. - Nays—Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Lee, Read, Stanton, Wingate.—11. --- The next motion in order was, to agree to the ninth amend- ment to the amendments; namely: line 21st, strike out “eight hundred,” and insert, “seven hundred and ninety-seven.” This provides, as it applies to the assumed debts, that the subscriber shall be entitled to an interest of six per cent., on the deferred part of the sum subscribed after the year 1797, instead of 1800. The question being taken on this motion, it was determined in the negative, by the following vote:– Yeas—Messrs. Butler, Dalton, Elmer, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, Strong–11. Nays—Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Johnston, Lee, Read, Stanton, Walker, Wingate—13. 638 HISTORY OF CONGRESS. CHAP.VII. Public Debt. 1790. º A motion was then made to reconsider the third amendment H. to the amendments of the Senate; which was decided in the af. - sº." º firmative, by the following vote:- the amend- Yeas—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, #. * Foster, Hawkins, Johnston, Izard, Lee, Paterson, Read, Stanton, º Strong, Wingate.—16. Nays—Messrs. Butler, Gunn, Henry, King, Langdon, Morris, Schuyler, Walker.—8. The question was then taken on agreeing to the third amend- ment of the House of Representatives to the amendments of the Senate, and was decided in the negative, by the following vote:– * || Yeas—Messrs. Butler, Gunn, Henry, King, Langdon, Morris, Schuyler, Walker.—8. , JWays—Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Hawkins, Johnston, Izard, Lee, Paterson, Read, Stanton, Strong, Wingate—16. It was then moved to agree to the tenth amendment to the amendments; namely: “line 25th, strike out ‘seven,” and insert “eight.’” This applies to the assumed part of the debt, as the seventh amendment applies to the domestic debt. The question being taken on the motion to agree, it was decided as follows:-. Yeas—Messrs. Butler, Dalton, Elmer, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, Strong, Walker.—12. JVays—Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Johnston, Lee, Read, Stanton, Wingate.—12. The numbers being equal, the Vice-President gave the cast- ing vote in the affirmative. A motion was then made to agree to the eleventh amendment to the amendments of the Senate; namely: line 31st, strike out “ three,” and insert “four.” This provides, as it applies to the assumed debts, that the subscriber shall be entitled to an interest of four per cent, instead of three per cent, for one-third of the sum by him subscribed. The question being taken on this mo- tion to agree, it was determined in the negative, by the follow- ing vote:– Yeas—Messrs. Dalton, Henry, King, Langdon, Morris, Pater- son, Schuyler, Walker.—8. JWays—Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Read, Stanton, º Strong, Wingate.—16. - House re The proceedings of the Senate upon these amendments were H. Journal cede. then ordered to be communicated to the House of Representa P" 283, HISTORY OF CONGRESS. 639 - - CHAP.VII. Public Debt–Debt of Georgia. 1790. º tives; and the House, on the 29th, proceeded to consider this - - communication. It was then moved that the House recede from their disagreement to the third amendment proposed to the se- venth amendment of the Senate to the bill; and the question being taken on this motion, it was decided in the affirmative, as follows:— - •Ayes–Messrs. Ashe, Baldwin, Brown, Burke, Cadwalader, H. Journal, Carroll, Clymer, Fitzsimons, Floyd, Gale, Goodhue, Griffin, P. 284. Grout, Hartley, Heister, Huger, Huntington, Lee, Leonard, Li- vermore, Muhlenberg, Partridge, Scott, Sedgwick, Sherman, Sinnickson, Smith, of South Carolina, Stone, Thatcher, Tucker, Vining, Wynkoop, Williamson.—33. Noes—Messrs. Ames, Benson, Bloodworth, Coles, Contee, Foster, Gerry, Gilman, Hathorn, Jackson, Lawrance, Madison, jr., Mathews, Moore, Page, Parker, Van Rensselaer, Schure- man, Seney, Sevier, Silvester, Smith, of Maryland, Steele, Sturges, Sumpter, Trumbull, White.—27. It was then moved that the House recede from their disagree- ment to the fifth amendment, proposed to the seventh amend- ment of the Senate, to the bill. And the question being taken on this motion, it was decided in the affirmative, by the follow- ing vote:– - Jāyes—Messrs. Ashe, Baldwin, Brown, Burke, Cadwalader, Carroll, Clymer, Fitzsimons, Floyd, Gale, Goodhue, Grout, Hartley, Heister, Huger, Huntington, Lee, Leonard, Livermore, Muhlenberg, Partridge, Schureman, Scott, Sedgwick, Sherman, | Silvester, Sinnickson, Smith, of South Carolina, Stone, Thatcher, Tucker, Williamson, Wynkoop.–33. - Noes–Messrs. Ames, Benson, Bloodworth, Coles, Contee, Id, p. 285. Foster, Gerry, Gilman, Griffin, Hathorn, Jackson, Lawrance, Madison, jr., Mathews, Moore, Page, Parker, Van Rensselaer, Seney, Sevier, Smith, of Maryland, Steele, Sturges, Sumpter, Trumbull, Vining, White.—27. The House then receded from their third and fifth amend- ments proposed to the last amendment of the Senate, and the *"passed, bill was thus passed. .." º . On the 3d of August, 1790, the House of Representatives ap- Id, p.287. *. pointed a committee, consisting of Messrs. Jackson, Page, and - Trumbull, to prepare and bring in a bill, or bills, making further provision for the debt of the United States, so far as respects the assumption of the debt of Georgia. And, on the same day, ** 94.1 Mr. Jackson, from this committee, presented a bill which was idºp.288. 640 HISTORY OF CONGRESS, CHAP.VII. 1st Congress. 2d Session. Bill reject- ed. Resolution of House astoreduc- tion of debt, * Bill mak- ing provi- sion for the reduction of the pub- lic debt. [H.B.101.] - Public Debt—Reduction. then read the first time; and, on the following day, received the second reading, and was committed to a committee of the whole house. The House then resolved itself into committee on the bill, and several amendments were reported and agreed to by the House. The question being then put on the engrossment of the bill, it was decided in the negative; and, consequently, the bill was rejected. The House of Representatives, on the 7th of August, went into a committee of the whole house on the state of the Union, to which committee had been referred some communications from the secretary of the treasury. The following resolutions were then reported from this committee, and agreed to by the House:— “Resolved—That the sum of fifty thousand dollars, out of the moneys arising from the duties on imposts and tonnage, be re- served and appropriated for satisfying demands against the United States, not otherwise specially provided for; and that an act for that purpose ought to be passed the present session. “Fesolved—That out of the moneys reserved during the pre- sent session, for the support of government from the duties on imposts and tonnage, a sum not exceeding thirty-eight thousand and eight hundred and ninety-two dollars, and seventy-five cents, be appropriated for the payment of the debts contracted by Abraham Skinner, late commissary of prisoners, for the sub- sistence of the officers of the late army while in captivity. “Resolved—That provision, by law, should be immediately made for the appropriation of the surplus sum which shall re- main in the treasury after all the appropriations made during the present session shall be satisfied, in conformity to the tenor of the report of the secretary of the treasury.” It was then ordered that Messrs. Fitzsimons, Vining, Madi- son, Ames, and Benson, be a committee to prepare and bring in I790. H. Journal, p.293. Id. p. 294. bills in conformity with the preceding resolutions. And, on the Id, p. 295. 9th, Mr. Fitzsimons, from this committee, presented a bill making provision for the reduction of the public debt, which was read the first and second time, and committed to a commit- tee of the whole house. The bill was, on the same day, consi- dered in committee, and several amendments were reported, which were agreed to: after which the bill was read the third time, and passed. The bill received the first reading in the Se- mate on the same day; and, on the 10th, it was read the second * - S. Journal, p. 206,207. HISTORY OF CONGRESS. 641 Chap, VII. Public Debt—Reduction. 1790. #$!!..." time, after an unsuccessful motion to postpone its further consi- deration. It was then agreed to expunge these words in the 3d line of the preamble, “to the present session:” and, also, in the 4th and 5th lines, to expunge the words “ by counteracting the purchase thereof by foreigners, below its true value, will, at the same time.” And, in the 2d line of the 2d section, to strike out the words “five commissioners, who shall be.” A motion was then made to strike out, in the 6th line of the 2d section, the words “openly and;” but it did not prevail. Ano- ther unsuccessful motion was then made to insert, in the 10th Wine of the 2d section, after “reservations,” the words “and not less than five hundred thousand dollars.” It was then agreed to expunge, in the 12th line of the 2d sec- tion, these words, “of the product after the said last day of De- cember next:” “To insert, at the end of section 2d, these words, “and the ton- nage of ships or vessels, after the last day of December next.” “To expunge section 3d, line 4th, the word ‘commissioners,' and insert ‘five persons, or any three of them.” “To expunge, lines 6 and 7, the words ‘by them.” “To amend the proviso to read as follows: ‘Provided—That out of the interest arising on the debt to be purchased in manner aforesaid, there shall be appropriated and applied a sum not ex- ceeding the rate of eight per centum per annum, on account both of principal and interest, towards the repayment of the two mil- lions of dollars so to be borrowed.” - - It was then unanimously agreed that the bill should be read Billpassed, the third time; and it was read the third time and passed. On the 11th, the House considered and agreed to the amendments of H. Journal, the Senate. p. 297. -º- #Congress. On the 19th of November, 1792, the President laid before the 1792. 2d Session. - - Report o Senate a letter signed Thomas Jefferson, in behalf of the trustees s. Journal, com.” of the Sinking Fund, who were appointed pursuant to the act, p.439. *".ºf entitled “An act making provision for the reduction of the pub: ing Funi lic debt,” enclosing their accounts, and stating that, “from the 25th of October, 1791, there have been purchased, of various denomi- nations of the public debt, to the amount of $364,093 13 cents; and that, since the commencement of the business, $1,495,457 89 cents of said debt have been purchased, for which the sum of $967,821 65 cents, in specie, have been paid.” A similar communication was made to the House of Repre- H. Journal, sentatives. *- p. 621, Vol. I.-81 642 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Reduction. 1790. *ś". At the third session of the first Congress, on the 21st of Decem- H. Journal, ber, 1790, a letter and report from the commissioners appointed P. * Report of ". - & 4 - - c. * by the act, passed at the last session, entitled “An act making sioners, provision for the reduction of the public debt,” stating the amount of the purchases which had been made of the public debt, in - pursuance of the powers vested in them by that act, were laid before the House of Representatives. The report was laid before the Senate on the same day, as s. Journal, follows:— p.223,224. “Philadelphia, December 21st, 1790. “The Vice-President of the United States and President of the Senate, the Chief Justice, the Secretary of State, the Secre- tary of the Treasury, and the Attorney General, respectfully re- port to the Congress of the United States of America: “That, pursuant to the act, entitled ‘An act making provision for the reduction of the public debt, they, on the 26th day of August last, convened at the city of New York, and entered upon the execution of the trust thereby reposed in them. “That, in conformity to a resolution agreed upon by them on the 27th, and approved by the President of the United States on the 28th of the said month, they have caused purchases of the said debt to be made, through the agency of Samuel Meredith, treasurer of the United States, which, on the 6th day of Decem- ber instant, amounted to two hundred and seventy-eight thousand six hundred and eighty-seven dollars and thirty cents, and for which there have been paid one hundred and fifty thousand two hundred and thirty-nine dollars and twenty-four cents, in specie; as will more particularly appear by a return of the said Samuel Meredith, confirmed by an authenticated copy of his account, settled at the treasury of the United States, which are herewith submitted, and prayed to be received as part of this report, and in which are specified the places where, the times when, the prices at which, and the persons of whom, the said purchases have heen made. - “Signed, by order of the board, - - “John ADAMs.” “TREASURY DEPARTMENT, ! “Auditor's Office, Dec. 20, 1790. “I have examined and adjusted an account between the United States and Samuel Meredith, Esq., agent to the trustees named in the act of Congress, passed on the 12th day of August, 1790, for reducing the domestic debt; for purchases of said debt made before the 7th day of December, 1790; and find that the HISTORY OF CONGRESS. 643 CHAP, VII. Public Debt—Reduction. 1790. lºgºs said Samuel Meredith, Esq., is debited in the books of the treasu- 3d Session. try for the sum advanced to him on account of said agency, .." $200,000 00 sioners. “I also find that the following purchases have been made by said agent:— “In certificates of registered debt, issued by the re- gister of the treasury, exclusive of interest, since the first day of January, 1788, purchased at thir- | teen shillings in the pound, - - - - 54,494 99 “In certificates, purchased at twelve shillings and ten pence in the pound, - - - - - 1,500 00 “In said certificates, purchased at twelve shillings and sixpence in the pound, - - - - 87,434 95 “In funded six per cent. stock on the books of the treasury, purchased at fourteen shillings in the pound, - - - - - - - 60,688 54 “In funded three per cent, stock on the books of the treasury, purchased at seven shillings and two pence two farthings in the pound, - - - 10,484 14 “In deferred six per cent, stock on the books of the treasury, purchased at six shillings in the pound, 13,262 49 “In indents of interest issued by direction of the late board of treasury, purchased at seven shillings and “In warrants drawn on the treasury for said indents, purchased at seven shillings and four pence in the four pence in the pound, - - ------ 299 00 “In said indents of interest, purchased at seven shil- lings and two pence in the pound, - - - 19,988 12 s pound, - - - - - - - 800 30 “In said warrants, purchased at seven shillings and - two pence in the pound, - - - - 3,462 16 “In arrearages of interest on certificates, calculated to the first day of January, 1788, for which pay- ment was made, as for indents, at seven shillings and two pence in the pound, - - - 455 23 Amounting to - - - - sº,869 92 “On the certificates of registered debt before men- tioned, amounting, in the whole, to $143,429 94, interest was due from January 1st, 1788, in addi- tion to the sums before stated, which interest, cal- culated to the 1st day of January, 1791, would amount to - - - - - - - 25,817 38 “The amount of the domestic debt extinguished by 644 HISTORY OF CONGRESS. - CHAP.VII. Public Debt—Reduction. 1790. 1st Congress. the purchases of the said agent, including inte- 3d Session. - - rest thereon to January 1, 1791, is therefore, 278,687 30 Report of - commis- “For which purchases, the said agent has paid, in spe- Sioners. cie, at the rates before mentioned, agreeably to a particular statement of his accounts, herewith transmitted, the sum of - - - -- - 150,239 24 “Leaving a balance in his hands, of specie, for which he is to be debited in a future settlement of his accounts, the sum of - - - - - 49,760 7.6 º - º $200,000 00 “The statement on which this report is founded, and the in- dents and warrants for indents before mentioned, are herewith transmitted for the decision of the comptroller of the treasur thereon. - “OLIVER Wolcott, jun., Auditor, “To NICHOLAS EveLEIGH, Esq., “Comptroller of the treasury of the United States.” “Admitted and certified, “NIGHoLAS EVELEIGH, Comptroller.” “TREASURY DEPARTMENT, “Register's Office, December 21, 1790. : “The foregoing statement of Samuel Meredith, agent to the trustees named in the act passed on the 12th day of August, 1790, for the reduction of the public debt, his account of moneys - received, and purchases made, under the said act, to the sixthin- stant inclusively, is a true copy of the original transmitted to me by the comptroller of the treasury, to be entered in the treasury books, the said original being filed on record in this office. “Joseph Nourse, Register.” Memorials. On the same day, a memorial and remonstrance of the public H. Jºurnal, - --- - .340 creditors, citizens of Pennsylvania, was presented to the House, * representing the insufficiency of the provision for the public cre- ditors, made by the above named act, and praying that a more adequate provision might be made. Similar memorials and re- id. p. 344. monstrances, from citizens of New Jersey, who were also public creditors, were presented on the 18th of December, 1790, and 12th Id. p. 353. of January, 1791. These memorials were ordered to lie on the table. Bill direct. On the 14th of December, a committee was appointed by the Id, p.39% º wº House of Representatives to prepare and bring in a bill, or bills, HISTORY OF CONGRESS. 645 Chap, VII. Public Debt—Lost Evidences–State Certificates. 1790. 1stgongress, directing the mode in which the evidences of the debt of the 3d Session. - - lost evi- United States, which have been, or may be, lost or destroyed, dences of shall be renewed; and Messrs. Lee, Trumbull, and Cadwalader, *... were appointed of this committee. And, on the 28th, Mr. Lee, H. Journal, ed. from this committee, presented a bill, which was then read the P.344. #; #: first time, and, on the next day, received the second reading, and was committed to a committee of the whole house. On the 7th and 10th of January, 1791, the bill was under the consideration 1791. of the committee, and several amendments having been reported, - which were agreed to by the House, the bill, as amended, was H. Journal, ordered to be recommitted to Messrs. Lawrance, Sedgwick, Car- Pºº" roll, Clymer, Williamson, Sherman, and Sturges. Mr. Lawrance, on the 25th, from this committee, reported an amendatory bill, Id, p. 362, which was then read the first time, and, on the next day, received 63. Not finally the second reading, and was committed to a committee of the ** whole house. There was no further action on this bill. Motion. It was moved on the 3d of February, 1791, that the House come to the following resolution:- “Whereas, certain certificates or evidences of debt, dated af. Id, p. 369. ter the first day of January, one thousand seven hundred and - ninety, have been issued by one or more of the states, which cer- tificates purport that they were issued in lieu of certain other certificates, dated prior to the first of January, one thousand seven hundred and ninety; and the certificates of the first description are, on account of their date, not received by the loan officer, as subscriptions to the loan proposed by the United States, although the certificates, in lieu of which they were issued, are clearly within the description of the law, and would, if not cancelled, be recoverable at the loan office: Therefore, “Resolved—That all certificates of the first description above, be received at the loan offices, as other evidences of the debt of the several states are, by law, receivable.” Referred It was then ordered that this motion be referred to the secre- to - - - - §. ". tary of the treasury, with instruction to examine the same, and º: trea. report his opinion to the House. "à con. On the 25th of February, the speaker laid before the House H. Journal, tºº, a letter from the secretary of the treasury, covering his report p. 392. .*.* respecting certificates or evidences of debt issued after the 1st º of of January, 1790, which report was, on the 1st of March, re-Id, p.398, ºuble ferred to Messrs. Lawrance, Tucker, and Wadsworth, with in- - struction to prepare and bring in a bill, or bills, pursuant there- [*b,141.] to. Mr. Lawrance, on the next day, presented a bill concerning Id, p.400. 646 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Lost Evidences–Foreign Officers, 1791. 1st gongress certain certificates or evidences of the public debt, which was *: then read the first time. This bill was not further acted on. Not acted On. -º- ºd Congress. At the first session of the second Congress, on the 3d of No-H. Journal, 1st Session. - - Billdecº vember, 1791, Messrs. Sedgwick, Giles, and Dayton, were ap- p.447. ing mode pointed a committee to prepare and bring in a bill directing the *:::::: mode in which the evidences of the debt of the United States, dences of which have been lost or destroyed, shall be renewed. And on the * 9th, Mr. Sedgwick presented a bill, which was then read the first Id, p. 451. [H.B.145.] time; and, on the following day, received the second reading, and was committed to a committee of the whole house. The bill Id. p. 456, was considered in committee on the 17th, when several amend. * ments were reported, which, after discussion, were agreed to on the 18th, when the question being put on the engrossment of the bill, it was decided in the negative; and the bill was therefore Rejected, rejected. -º- º A MoTION was submitted to the House of Representatives on Id, p.354. *— the 14th of January, 1791, and agreed to, that a committee be Debt to - - - - - - Fojić appointed to prepare and bring in a bill, or bills, to authorize the ficers. President of the United States to cause the debt due to foreign officers, the interest whereof is now payable in Paris, at the rate of six per cent, per annum, to be paid and discharged. And Messrs. Sedgwick, Benson, and Sevier, were appointed of this commit- tee. Mr. Sedgwick, on the 19th, presented, from this commit- Id. p.357. [HB,116.] tee, a bill which was then read the first and second time, and re- - ferred to a committee of the whole house. The bill was consi- - dered in committee on the 10th of February, when no amend- Id, p. 37% ment being reported, it was ordered to the third reading. And 375. on the next day, the bill was read the third time and passed. On the 11th and 12th, the bill was read the first and second time, in S. º: the Senate, and was committed to Messrs. Maclay, Dickinson, p.261.263. and Wingate. Mr. Maclay made a report from this committee on the 22d of February, and on the 23d, the report was taken Id, p. 278, Rejected, up for consideration, and rejected. 279. Petitions Various petitions having been presented to the House of Re- H. Journal, .a." presentatives, on the subject of increasing the security to public p. not grant creditors, a motion was submitted, on the 24th of February, that ed. the House come to the following resolution:- “Resolved—That it would be inexpedient to alter the system HISTORY OF CONGRESS. - 647 Chap, VII. Public Debt—Refusal to change funding System. - 1791. 1st Congress. 3d Session. Decision of House. Decision of Senate, on petition of MºRean and others. for funding the public debt, established during the last session of Congress; and that the petition of Thomas M*Kean and others, styling themselves a committee of the public creditors of the com- monwealth of Pennsylvania, and also the other petitions on that subject, cannot be granted.” The question being put on this motion, it was decided in the H. Journal, affirmative, by the following vote:– - p. 390. Ayes–Messrs. Ames, Ashe, Baldwin, Benson, Boudinot, Bourne, Brown, Burke, Cadwalader, Clymer, Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Griffin, Grout, Giles, Huntington, Jackson, Lawrance, Lee, Leonard, Livermore, Madison, jr. Ma- thews, Moore, Muhlenberg, Parker, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, Wining, Wads- worth, White, Williamson, Wynkoop.–53. JVoes—Messrs. Gerry, Scott.—2. In the Senate, on the 21st of December, 1790, a motion, in 1790. reference to the same petitions, had been submitted, as follows:– s. Journal, p.224,225. “Resolved—As the opinion of the Senate, that any deviation from the principles of the system contained in the act, entitled “An act making provision for the debt of the United States,” would be dangerous and inexpedient.” This motion was taken up for consideration on the 23d, when it was moved to postpone this resolution, and substitute the fol- lowing:— - « Resolved—That it would be inexpedient to alter the system for funding the public debt, established during the last session of Congress; and that the petition of Thomas M*Kean and others, styling themselves a committee of the public creditors of the commonwealth of Pennsylvania, cannot be granted.” The question being taken on the motion to substitute the lat- ter resolution, it was decided in the affirmative, by the following Vote:— Yeas—Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, Elmer, Few, Foster, Hawkins, Johnson, Johnston, Izard, King, Langdon, Maclay, Read, Schuyler, Stanton, Strong, Win- gate. —20. Nay—Mr. Morris.-1. The resolution was then agreed to. 648 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Supplementary Act—Dutch Loan. 1790. º The Senate, on the 16th of December, 1790, ordered that S. Journal, Bill sup. Messrs. Schuyler, Hawkins, and Ellsworth be a committee to P.” plement.’ bring in a bill supplementary to the act, entitled “An act making *...* further provision for the payment of the debts of the United further States.” For the complexion of the bill to which this is Sup- H."." plementary, the reader is referred to the 3d chapter of this vo- ment of U, lume, page 372–384. Mr. Schuyler on the same day, reported . a bill, which was read the first time; and, on the following day, [s. B. 14.] by a dispensation of the rule, received the second and third Bill passed, readings, and was passed. In the House this bill was read the H.Journal, first time on the 17th; and, on the 20th and 31st, went through Pº” the other stages. Dutch On the 25th of February, 1791, the secretary of the treasury 1791. loan. commmunicated to the two houses the following report, the sub- H. Journal, ject having been referred to the opening speech of the President P. * of the United States, at the commencement of the session:- § - > - Report of “The secretary of the treasury, in obedience to the orders of ... the President of the United States, as signified in his speech at sury as to the opening of the present session, respectfully informs the Se- terms. nate and House of Representatives, ** That the terms of the loan of three millions of florins, men- tioned by the President as having been negotiated in Holland, are as follow:— - “The rate of interest is five per cent., but the charges form a deduction from the principal sum of four and a half per cent.; which will occasion the real interest to be paid on the sum actu- ally received by the United States to be equal to five and a quar- ter per cent. nearly. - “The reimbursement is to be made in six equal instalments, commencing in the year 1800, and ending in the year 1804; but it is in the option of the United States to reimburse the whole or any part of the sum borrowed, at any time they may think proper. “That the disposition which has been made of the above- mentioned sum, is as follows:– “One million five hundred thousand florins has been applied, pursuant to the directions of the President of the United States, as a payment to France. - “A further sum of about one hundred and sixty thousand flo- rins will also have been appropriated towards a payment, on ac- count of the Dutch loans which became due on the first day of February last, including a premium of seventy thousand florins, HISTORY OF CONGRESS. 649 CHAP.VII. Public Debt—Dutch Loan—Supplementary Act. 1791. §§º “The residue is in a situation to be disposed of as may be = judged expedient. “A doubt arises how far this loan may be within the meaning of the “act making provision for the reduction of the public debt,” on account of the limitation of the rate of interest, which, taking the charges of the loan into calculation, would be some- what exceeded: and though it is presumed that that limitation was not intended to exclude the addition of the ordinary charges, yet a point of so much delicacy appears to require legislative ex- planation. “The secretary of the treasury begs leave to observe that it is, in his judgment, highly expedient, and very important to the ge- neral operations of the treasury, that the above-mentioned loan should be deemed to be included within the meaning of the afore- said act. The residue may, in this case, be applied with mate- rial advantage to the purposes of that act, and the part which has been otherwise applied may be hereafter replaced. All which is humbly submitted. Report. ** ALExANDER HAMILTON, “Secretary of the Treasury. “Treasury Department, February 24th, 1791.” Bill sup- This communication was, in the Senate, ordered to lie for con- Hjournal, º, sideration. In the House of Representatives, it was referred to P.39** making Messrs. Fitzsimons, Lawrance, and Smith, of South Carolina, }. and, on the same day, Mr. Fitzsimons presented a bill supple- duction of mentary to the act making provision for the reduction of the jºble public debt, which was then read the first and second time, and - committed to a committee of the whole house. On the 1st of Id, p. 398. [HB,136.) March, the bill was considered in committee and reported with- s. Journal, out amendment, was read the third time and passed, and was sent P** to the Senate in the following form:— Bill, “Whereas, it hath been made known to Congress that the President of the United States, in consequence of the several acts, the one, entitled ‘An act making provision for the debt of the United States,’ the other, entitled ‘An act making provision for the reduction of the public debt,” or one of them, hath caused a certain loan to be made in Holland, on account of the United States, to the amount of three millions of florins, bearing an inte- rest of five per centum per annum, and reimbursable in six yearly instalments, commencing in the year one thousand eight hundred and six, or at any time sooner, in whole or in part, at the option of the United States. - Vol. I.-82 650 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Dutch Loan—Supplementary Act. 1791. 1st Congress. “And whereas it hath also been stated to Congress, that the 3d Session. - - charges upon the said loan have amounted to four and a half per * centum, whereby a doubt hath arisen whether the said loan be within the meaning of the said last-mentioned act, which limits the rate of interest to five per centum per annum: “And whereas it is expedient that the said doubt be removed:— “Section 1. Be it enacted and declared, by the Senate and House of Representatives of the United States of America, in Congress as- sembled—That the loan aforesaid shall be deemed and construed to be within the true intent and meaning of the said act, entitled “An act making provision for the reduction of the public debt;’ and that any further loan, to the extent of the principal sum au- thorized to be borrowed by the said act, the interest whereof shall be five percentum per annum, and the charges whereof shall not exceed the said rate of four and a half per centum, shall, in like manner, be deemed and construed to be within the true in- tent and meaning of the said act.” The bill was read the first time on the 2d of March, and was s. Journal, then discussed; and, on the following day, the second reading P. 309, Passed, took place, and the bill was then read the third time, and passed with the following amendments:— “In the preamble, line 2, expunge from the word ‘of’ to the word “an,” in the 3d line. “Line 4. Expunge these words, “ or one of them.” These amendments were agreed to by the House of Repre- º 404. sentatives. - p.” 2d Congress. AT the commencement of the first session of the second Con- Id, p. 437. 1st Session. gress, the President invoked the attention of the two houses to the public debt, and the condition of the subscriptions to the loans proposed, stating, at the same time, that a further loan of two millions and a half of florins had been completed in Holland, and that another, for six millions, had been set on foot. On the 1st of November, 1791, the House of Representatives adopted the following order:- "- º can onse. “Ordered—That the secretary of the treasury be directed to Id, p.44% i."." report to the House the amount of the subscriptions to the loans Sury. proposed by the act making provision for the public debt, as well in the debts of the respective states, as in the domestic debt of the United States, and of the parts which remain unsubscribed, together with such measures as are, in his opinion, expedient to be taken on the subject.” HISTORY OF CONGRESS. 651 CHAP.VII. Public Debt—Subscriptions of Domestic Debt. 1792. #º. On the 7th of February, 1792, the speaker laid before the H. Journal, st Session. Resolu- tions of House asto subscrip- tions of do- mestic debt, House a report from the secretary of the treasury in obedience ºº:: to this requisition, which was committed to a committee of the whole house. The report was taken up for consideration in com- mittee on the 22d, 28th, 29th, 30th, 31st of March, and 2d of April, when the following resolutions were reported:— “Resolved—That the term for receiving, on loan, that part of Id. p. 537. the domestic debt of the United States which yet remains unsub- scribed, be extended to the first day of next, on the same terms as were provided by the act making provision for the public debt of the United States. “Resolved—That provision ought to be made for payment of the interest on the unsubscribed part of the domestic debt of the United States, to the first day of hundred and ninety , one thousand seven , on like terms as was provided by the act aforesaid. - - “Resolved—That the time for receiving, on loan, that part of the debt of the individual states, assumed by the United States, yet unsubscribed, be extended to the first day of next, on the same terms as is provided by the act making provision for the public debt. “Resolved—That a subscription for a further loan in the debts of the individual states be opened and continued to the first day of next, not to exceed, in the whole, millions of dol- lars, in the proportions following; that is to say:- “In the debt of New Hampshire, Massachusetts, 3. Rhode Island, 7 Connecticut, 5 New York, º New Jersey, -, Maryland, 2 Virginia, 3. North Carolina, 2 South Carolina, –, Georgia, –, 3. “Provided—That the interest on such loan shall not be paya- ble before the day of : And provided—That when the sum, to be assumed for any state, shall not be subscribed by the holders of any of the evidences in which the same is made re- ceivable, the state shall not be entitled to receive interest on the residue. - - - - 652 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Subscriptions of Dömestic Debt. 1792. †º. “ Resolved—That the subscriptions to the aforesaid loans in s ession. - --- - - * state debt, be payable in such certificates, bills, notes, and evi- º dences of debt whatsoever, as shall have been issued by the re- House, spective states, and by the several commissioners of loans of the Resolu- tions con- sidered. United States, on account of the excesses of the sums subscribed in certain states, beyond the sums heretofore assumed for such states: Provided—That no such certificates, bills, notes, or evi- dences of debts of the respective states, shall be receivable upon the said loan, which, from the tenor thereof, from any public re- cord, act, or document, shall appear, or can be ascertained to have been issued for purposes irrelative to compensations and ex- penditures for services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof during the same; but this shall not be construed to ex- clude any certificate, bill, note, or evidence of debt, which shall have been issued in lieu or on account of any other certificate, bill, note, or evidence of debt, which was itself issued, in relation to such compensations and expenditures. “Resolved—That the debt due to certain foreign officers, the interest whereon is payable at the house of Grand, in Paris, be discharged out of any moneys obtained, on loan, by the President of the United States, in virtue of the act making provision for the public debt, which may now be unappropriated. “Resolved—That the interest on so much of the domestic debt as has been, or may be, purchased for the United States, or as shall be paid into the treasury, and so much of the sum appro- priated for the payment of the interest on the foreign and do- mestic debt as shall be over and above what may be sufficient for the payment of such interest, shall be appropriated for the re- demption of the public debt. The said funds to be applied to the purposes aforesaid, by the commissioners hereafter men- tioned, under the approbation of the President of the United States. - * Resolved—That be commissioners for the purposes afore- said; and that a precise account of all the debts redeemed, and of all purchases by them made, be laid before the legislature within months after its first meeting in every year.” The House then proceeded to consider these resolutions, when it was moved to mend the first resolution, by adding to it the following words:– “Except that condition in the act, which renders the debt so far subscribed, subject to redemption by payments not exceeding, HISTORY OF CONGRESS. 653 Chap.VII. Public Debt—Subscriptions of Domestic Debt. 1792. flººr in one year, on account of both principal and interest, a propor- tion of eight dollars upon the hundred, in any certificate which shall be issued according to the terms therein specified; which condition, so far as it relates to any part of the debt which may hereafter be subscribed, shall be abolished.” - Motion to The question being taken on this motion to amend, it was de- ...," cided in the negative, by the following vote:- tived. ga Ayes—Messrs. Ashe, Baldwin, Brown, Clarke, Findley, Giles, Gregg, Griffin, Grove, Heister, Jacobs, Kitchell, Kittera, Lee, Madison, Mercer, Moore, Murray, Page, Parker, Seney, Jere. Smith, Sumpter, Tredwell, Venable, White, Willis.-27. JVoes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Huger, Key, Lawrance, Learned, Livermore, Macon, Muhlen- berg, Niles, Sedgwick, Wm. Smith, Steele, Sterrett, Sturges, Silvester, Thatcher, Tucker, Wadsworth, Ward.—30. 1st, 2d, and The first, second, and third resolutions were then agreed to by H. Journal, º the House. On the 3d, the House proceeded to consider the P. * greed to fourth resolution: “Resolved—That a subscription for a further loan on the debts of the individual states be opened,” &c. It was then moved to amend this resolution by inserting, after the words “individual states,” these words, “whether discharged by Motion to the said states respectively, since the treaty of peace, or undis- .." charged.” And the question being taken on this motion, it was Id, p. 559. negatived, decided in the negative, by the following vote:– - | Ayes–Messrs. Ashe, Baldwin, Brown, Findley, Giles, Gregg, - Jacobs, Key, Kitchell, Livermore, Macon, Madison, Mercer, Moore, Niles, Parker, Seney, Sheridan, Jere. Smith, Sturges, Venable, Willis.-22. JVoes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Grove, Hartley, Hillhouse, Huger, Kittera, Lawrance, Learned, Muh- lenberg, Murray, Page, Sedgwick, Wm. Smith, Steele, Silvester, Thatcher, Tucker, Wadsworth, Ward, White.—30. 4th resolu. The question was then taken on agreeing to the fourth reso- Id, p. 560, * *** lution, and determined in the negative, by the following vote:- - Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Fitzsimons, Gerry, Goodhue, Gordon, Grove, Hartley, - Huger, Key, Lawrance, Learned, Macon, Muhlenberg, Sedgwick, Wm. Smith, Steele, Silvester, Thatcher, Tucker, Wadsworth, Ward.-26. - Woes–Messrs. Ashe, Baldwin, Brown, Clarke, Findley, Giles, 654 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Subscriptions of Domestic Debt. 1792. #º. Gilman, Gregg, Heister, Hillhouse, Jacobs, Kitchell, Kittera, Lee, * Livermore, Madison, Mercer, Moore, Murray, Niles, Page, Par- ker, Seney, Sheridan, Jere. Smith, Sturges, Venable, White, Willis.-29. - - 5th resolu. On the following day, the fifth resolution was also rejected, H. Journal, º ** and the sixth, seventh, and eighth resolutions were agreed to. It" 561. 6th, 7th, was then agreed that a bill, or bills, be brought in pursuant to *...* the first, second, fourth, sixth, seventh, and eighth resolutions, agreed to. and that Messrs. Fitzsimons, Lawrance, Key, Macon, and Smith, Committee of South Carolina, prepare the same. * It was then moved, “that it be an instruction to the commit- tee last appointed, to report a provision for a loan of the remain- ing debts of the individual states;” and the motion being ob- jected to as out of order, the speaker declared that it was not in order. An appeal was then made from the decision of the chair, but, the judgment of the House being in conformity with the speaker's decision, the motion was rejected. Bill sup. On the 6th of April, Mr. Fitzsimons, from this committee, pre- H. Journal, º, sented a bill supplementary to the act making provision for the P. * making debt of the United States, which was then read the first and se- º cond time, and committed to a committee of the whole house. debt of U. The bill was considered in committee on the 2d, 3d, and 4th of Id. p. 595, * May, when several amendments were reported, which received ". 598, [H.B.178.] the concurrence of the House. On the 5th, a motion was made to amend the bill, by inserting, after the third section, the fol- lowing clause:— “And be it further enacted—That a further loan, to the amount of dollars, be proposed, and subscriptions thereto be re- ceived, at the same times and places, and by the same persons, as hereinbefore mentioned, and that the sums which shall be subscribed to the said loan, shall be payable in the debts of the states hereinafter mentioned, and in the proportions follow- ing:”— The previous question was then demanded by five members; Id.p.59% to wit: “Shall the main question to agree to the said motion be 600. now put?” and the question being taken, it was decided in the negative, by the following vote:– - - Ayes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Fitzsimons, Gerry, Goodhue, Gordon, Huger, Lawrance, Learned, Murray, Wm. Smith, Steele, Sterrett, Sumpter, Silvester, That- cher, Tucker, Wining, Wadsworth, Ward, Williamson.—24. Woes–Messrs. Ashe, Baldwin, Boudinot, Brown, Clarke, Day- | HISTORY OF CONGRESS. - 655 CHAP.VII. Public Debt—Claims not barred by Limitations. 1792. #º. ton, Findley, Giles, Gilman, Gregg, Griffin, Grove, Heister, Hill- house, Jacobs, Key, Kitchell, Lee, Livermore, Macon, Madison, Moore, Muhlenberg, Niles, Page, Parker, Schoonmaker, Seney, Jere. Smith, I. Smith, Sturges, Tredwell, Wenable, White, Wil- lis—35. Billpºsed. There were then several amendments made to the bill, and it H. Journal, was ordered to be engrossed for the third reading. And, on the P. * 7th, the bill was read the third time and passed, and was sent to S. Journal, the Senate for concurrence, where, on the same day, the bill P. * went through all its stages, and was concurred in without amend- ment. settlement The House of Representatives, on the 10th of November, 1791, H. Journal, *...", ordered the appointment of a committee, consisting of Messrs. p. 452. former f. White, Fitzsimons, and Niles, to prepare and bring in a bill, or mitations, bills, to provide for the settlement of the claims of persons un- der particular circumstances, barred by the limitations hereto- fore established: and, on the 8th of February following, Mr. Id. p. 503, White, from this committee, presented a bill, which was then 504. read the first and second time, and committed to a committee of [H.B.165.] the whole house. The bill was considered in committee on the 20th, when several amendments were reported, which occupied Id, p. 514. the deliberations of the House during that day and the next, * when they were agreed to; and the bill, having been further amended, was ordered to be engrossed for the third reading. On - the 22d, the bill was read the third time, and passed. The Sé- id. p. 517. | nate proceeded to act on the bill the same day, when it was read the first time, and, on the 24th, received the second reading, and S. Journal, was ordered to be read the third time, after being amended. On p. 394.397. the 27th, after the third reading, the bill was referred to Messrs. Id. p. 412. Ellsworth, Lee, and Strong, from which committee a further amendment was reported on the 19th of March, when the bill was passed, as amended. On the following day, the amendments H. Journal, of the Senate were concurred in by the House of Representa- P. * tives. *Session. On the 30th of November, 1792, the House of Representa- H. Jºurnal, t Bill rela tives, in considering the petition of the executors of Edward gº." *... Carnes, deceased, adopted the following resolution:- - º, º “Resolved—That a committee be appointed to inquire whe- mitation ther any, and what, measures are necessary to facilitate the set- tlement of claims against the United States, not barred by acts of limitation, founded upon certificates granted, or settlements | -- 656 HISTORY OF CONGRESS, - CHAP.VII. Public Debt–CIaims not barred by Limitations. 1792–93. #gº made by any officer or officers, heretofore authorized by the United States to issue certificates, or make settlements in their behalf, and who have not settled their accounts; and to report the result of their inquiries.” It was then ordered, that Messrs. Goodhue, Fitzsimons, Day- ton, Parker, and Niles, be a committee, pursuant to this resolu- tion. On the 7th of December, Mr. Goodhue, from this commit- H. Journal, tee, made a report, which was considered in committee of the p,635.650. whole on the 17th, when the following resolutions were report- ed, and concurred in by the House. “Resolved—That all persons having claims upon the United States, not barred by any act of limitation, whether founded upon certificates, or other written documents from public officers, or otherwise, (except loan office certificates, certificates of final set- tlement, registers’ certificates, and certificates issued pursuant to the act making provision for the debt of the United States,) shall exhibit the same at the treasury of the United States, within months, or be for ever barred from payment or settlement. “Resolved—That the accounting officers of the treasury be authorized to settle and adjust, after the expiration of the term aforesaid, all such of those claims as shall appear to them proper to be admitted, and to report to Congress upon all such as they may not think proper to admit.” It was then ordered, that Messrs. Goodhue, Fitzsimons, Day- Id, p.658. ton, Parker, and Niles, prepare and bring in a bill pursuant to these resolutions. And, on the 31st of December, Mr. Good- [H.B.211.] hue, from this committee, presented a bill relative to claims against the United States, not barred by any act of limitation, and which have not been already adjusted, which was read the first and second time, and committed to a committee of the whole house. The bill was acted on in committee on the 10th Id, p. 668. of January, 1793, when an amendment was reported, which was 671. agreed to on the 14th, and the bill was ordered to be engrossed - for the third reading. On the following day, the bill was read Billpassed, the third time, and passed. In the Senate, the bill received the S. º first and second reading on the 15th and 16th, and was passed to p47,4 r the third reading; and, on the next day, was referred to Messrs. Hawkins, King, and Strong. Mr. Hawkins, on the 6th of Fe- Id, p.4% bruary, reported the bill with an amendment, which was adopt- 481. ed, and the bill was ordered to the third reading. The third reading took place on the next day, after the bill had been amended, by inserting in line 14, after the word “interest,” the * º HISTORY OF CONGRESS. 657 CHAP.VII. 2d Congress. 2d Session. Interest on sum order- ed by Con- gress in 1785 as an indemnity to certain persons, [H.B.208.] Bill passed, - Resolu- tions as to 0ānS. Public Debt—Loans to pay Debts due to States. 1792–93. words, “balances entered in the books of the register of the treasury.” The amendment was concurred in by the House on H. Journal, the next day. p. 696. Petitions from Udney Hay having been presented to the Id, p. 500. House of Representatives, during the first session of this Con- gress, praying reimbursement of money advanced to American officers, prisoners in Canada, and for damages and costs reco- wered against him by judgment of the Supreme Court of New York, and which were referred to the secretary of the treasury; and the secretary having reported on these petitions, at the next session, on the 22d of November, the report was referred, on the Id. p. 510. 24th of December, to Messrs. Benson, Griffin, and Willis, with Id. p. 626. instructions to prepare a bill. Mr. Benson, on the 26th, pre- id. p. 653, sented a bill to provide for the allowance of interest on the sum 694. ordered to be paid by the resolve of Congress, of the 28th of Id. p. 655. September, one thousand seven hundred and eighty-five, as an indemnity to the persons therein named, which was then read the first time, and received the second reading on the next day. The bill was considered on the 1st of January, and reported Id. p. 659, without amendment, and was then ordered to be engrossed for 900. the third reading; and, on the 2d, the bill was passed. In the S. Journal, Senate, the bill was read the first and second time on the 2d and P. 497. 3d, and was referred to Messrs. Strong, Sherman, and King. Id. p. 468, From this committee the bill was reported, on the 7th, without 469. amendment; and, on the next day, was read the third time, and passed. The following motion was submitted to the House of Repre- H. Journal, sentatives on the 12th of December, 1792. - - p. 637. “ Resolved—That a loan to the amount of the balances which, upon a final settlement of accounts, shall be found due from the United States to the individual states, be opened at the treasury of the United States, and at the loan offices in the respective states, to commence within months after the said ba- lances shall be reported at the treasury, and to continue open for the term of — months, from the time of its commence- ment. “Resolved—That the sums to be subscribed to such loans, be payable in the principal or interest of the certificates or notes is- sued by any such of the said states, as, upon the final settlement of accounts, shall have a balance due to them from the United Vol. I-83 65s HISTORY OF CONGRESS. CHAP.VII. Public Debt—Loans to pay Debts due to States. 1792–93. - :gongress. States, and which shall have been liquidated to specie value, 2d Session. - − prior to the day of last. gº.". “Resolved—That every subscriber to the said loan shall be en- loans. titled to certificates, according to the sum subscribed, of the like tenor and description, in the like proportions, and upon the like terms, as are specified and directed by the fifteenth and sixteenth sections of the act, entitled ‘An act making provision for the debt of the United States, except that interest on such of the certifi- cates subscribed to the said loan as bear interest, shall be com- puted to the last day of the year one thousand seven hundred and ninety-three, inclusively, and that interest shall not begin to ac- crue upon any of the certificates which shall be issued in lieu thereof, till the first day of January, one thousand seven hundred and ninety-four. “Resolved—That in all cases where the sum subscribed in the evidence of the debt of any state shall exceed the balance due to such state, the same shall be reduced, (in equal proportions,) to the sum actually due to such state.” This motion was ordered to be committed to a committee of H. Journal, the whole house, and was considered in committee of the whole % on the 10th and 11th of January, when it was reported without amendment. The House, on the following day, proceeded to the consideration of the motion, when a motion was made to amend the first resolution, by adding to the end thereof the following proviso:— “Provided—That no such loan shall be opened in any state, without the assent of the legislature thereof, by an act approving the measure.” - The question being put on this motion, it was decided in the affirmative by the following vote:– Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Goodhue, Gor- don, Hartley, Hillhouse, Huger, Key, Kitchell, Kittera, Law- rance, Learned, Leonard, Livermore, Madison, Muhlenberg, Niles, Page, Sedgwick, Silvester, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Venable, Wadsworth, Ward, White.—38. º Noes—Messrs. Ashe, Baldwin, Findley, Giles, Gilman, Greenup, Gregg, Griffin, Grove, Heister, Lee, Macon, Mercer, Milledge, Moore, Murray, Orr, Parker, Schoonmaker, Steele, Tredwell, Williamson, Willis.-23. The first resolution was then amended to read as follows:– 667– HISTORY OF CONGRESS. 659 CHAP.VII. 2d Congress. 2d Session. Resolu- tions as to loans, Public Debt—Loans to pay Debts due to States. 1793. “Resolved—That a loan, to the amount of the balances which, upon a final settlement of accounts, shall be found due from the United States to the individual states, be opened at the loan of. fices in the respective states, to commence within months after the said balances shall be reported at the treasury, and to continue open for the term of months from the time of its commencement: Provided—That no such loan shall be opened in any state without the assent of the legislature thereof, by an act approving the measure.” The question being taken on agreeing to this resolution, it was H. Journal, decided in the affirmative by the following vote:- •Ayes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Fitzsimons, Gerry, Gilman, Good- hue, Gordon, Hartley, Hillhouse, Huger, Key, Kittera, Law- rance, Learned, Leonard, Livermore, Muhlenberg, Sedgwick, Resolu- tions a- greed to. Bill report- ed. p [HB,217.] [HB,220.] Silvester, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Wadsworth, Ward, White.—34. Noes—Messrs. Ashe, Baldwin, Findley, Giles, Greenup, Gregg, Griffin, Grove, Heister, Kitchell, Lee, Macon, Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, Page, Parker, Schoonmaker, I. Smith, Steele, Tredwell, Venable, Williamson, Willis.-28. The remaining resolutions were then agreed to without amend- ment, and Messrs. Fitzsimons, Sedgwick, and Wm. Smith, were instructed to prepare and bring in a bill, or bills, in accordance with these propositions. On the 15th, Mr. Fitzsimons, from this committee, presented a bill “to authorize a loan in the certificates or notes of such states, as shall have balances due to them, upon a final settlement of accounts with the United States,” which was read the first and second time, and committed to a committee of the whole house. This bill was considered in committee of the whole on the 21st, and when the committee had risen, after making some progress, it was ordered that the committee of the whole be discharged from the further consideration of the bill, and that it be recommitted to Messrs. Fitzsimons, Sedgwick, and Wm. Smith. On the same day, Mr. Fitzsimons reported an amendatory bill, which was then read the first and second time, and committed to a committee of the whole house, and the House immediately went into committee of the whole on the bill. The bill was again considered in committee on the 22d and 23d, when several amendments were reported, which were agreed to by the House. On the 24th, it was moved to amend the bill by adding to the end of the second section the following proviso:- p. 670. Id. p. 671, 672. Id. p. 676. Id. p - 677, 778. 660 HISTORY OF CONGRESS. CHAP. VII. Public Debt—Loans to pay Debts due to States. 1793. 2d Congress. “Provided—That no such notes or certificates shall be sub- 2d Session. - - - - - - – scribable in any name, other than that of the original owner, if living, or, if dead, of his legal representative, and except such as are, or may be, transferred by executors, administrators, or as- signs, under any bankrupt act, unless accompanied with an affi- davit, certified by a magistrate, that the transfer or assignment to the party, in whose name and behalf the subscription is offered, was not made at any time, between the first day of January and the first day of June next, and that such party is the true and bona fide proprietor thereof.” Motions to The question being taken on this motion to amend, it was de- H. Journal, amend cided in the negative by the following vote:– p. 679, Ayes–Messrs. Ashe, Baldwin, Clarke, Dayton, Findley, Giles, Greenup, Gregg, Griffin, Grove, Heister, Jacobs, Kitch- ell, Lee, Macon, Madison, Mercer, Milledge, Moore, Niles, Orr, Page, Parker, Schoonmaker, Steele, Tredwell, Venable, White, Williamson, Willis.-30. Noes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Key, Kittera, Lawrance, Learned, Leonard, Livermore, Muhlenberg, Murray, Sedgwick, Silvester, Jere. Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Wadsworth, Ward.—33. - It was then moved to amend the bill, by inserting, after the Id, p. 680. word “state,” in the third line of the second section, the words “for services rendered or supplies furnished, during the late war.” And the question being taken on this motion, it was decided in the negative by the following vote:– Jāyes–Messrs. Ashe, Baldwin, Boudinot, Clarke, Dayton, Findley, Giles, Greenup, Grove, Heister, Kitchell, Macon, Madi- - son, Mercer, Milledge, Moore, Muhlenberg, Murray, Niles, Orr, Page, Parker, Schoonmaker, Jere. Smith, Steele, Tredwell, Ven- able, White, Williamson.-29. Noes–Messrs. Ames, Barnwell, Benson, S. Bourne, B. Bourne, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Jacobs, Kittera, Lawrance, Learned, Leonard, Livermore, Sedgwick, Silvester, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Wadsworth, Ward, Willis.-30. The consideration of the bill having been resumed on the 25th, Id, p.68% it was moved to strike out, in the 2d and 3d lines of the first sec- - tion, the words “within months;” and in lieu thereof, after the word “same,” in the tenth line, insert “to commence on the first day of January, one thousand seven hundred and nine- HISTORY OF CONGRESS. 661 CHAP.VII. Public Debt—Loans to pay Debts due to States. 2d Congress. 2d Session. Bill order- ed to be engrossed. ty-four.” The question being taken on this motion, it was de- cided in the affirmative, by the following vote:— ..?yes–Messrs. Ames, Ashe, Baldwin, Barnwell, Benson, S. Bourne, B. Bourne, Dayton, Findley, Giles, Gilman, Greenup, Gregg, Griffin, Grove, Hillhouse, Jacobs, Kitchell, Kittera, Learned, Lee, Livermore, Madison, Milledge, Moore, Murray, Orr, Page, Parker, Schoonmaker, Sedgwick, Jere. Smith, I. Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Venable, White. —39. Noes—Messrs. Boudinot, Clarke, Fitzsimons, Gerry, Good- hue, Hartley, Heister, Huger, Lawrance, Leonard, Macon, Muh- lenberg, Niles, Silvester, Steele, Thatcher, Tredwell, Tucker, Ward, Williamson.—20. w The question being then put on the engrossment of the bill for the third reading, it was decided as follows:– •Ayes–Messrs. Trumbull, speaker, Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Kittera, Lawrance, Learned, Leonard, Livermore, Muhlenberg, Sedg- wick, Silvester, Wm. Smith, Sterrett, Sturges, Wadsworth, Ward, White.—33. Noes—Messrs. Ashe, Baldwin, Clarke, Findley, Giles, Greenup, Gregg, Griffin, Grove, Heister, Jacobs, Key, Kitchell, Lee, Ma- con, Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, 1793. Id. p. 682. Page, Parker, Schoonmaker, Jere. Smith, I. Smith, Steele, Tred- well, Wenable, Williamson, Willis.-32. The question of the third reading of the bill came up on the 28th, when the previous question was called for by five mem- bers; to wit: “Shall the main question, that the said bill do pass, be now put!” And on the previous question, “Shall the main question be now put" it was resolved in the affirmative, as fol- lows:– Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Key, Kittera, Lawrance, Learned, Leonard, Livermore, Muhlenberg, Sedgwick, Silvester, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Wads- worth, Ward, White.—33. - Noes—Messrs. Ashe, Baldwin, Clarke, Findley, Giles, Greenup, Gregg, Griffin, Grove, Heister, Jacobs, Kitchell, Lee, Macon, Madison, Mercer, Milledge, Moore, Murray, Niles, Orr, Page, Parker, Schoonmaker, Jere. Smith, I. Smith, Steele, Tredwell, Venable, Williamson, Willisi–31. - H. Journal, p. 683. 662 HISTORY OF CONGRESS, CHAP.VII. Public Debt—Information concerning Loans. 1793. §gº. The question was then put on the passage of the bill, and de- H. Journal, * cided in the affirmative, by the casting vote of the speaker, the Pº numbers and names being precisely the same as on the question of engrossment. In the Senate, this bill was read the first and second time on the 28th and 29th; and was again taken up for S. Journal, consideration on the 4th of February. A motion was then made p.476.479. to agree to the first section of the bill, which was determined in the negative, as follows:– - Yeas—Messrs. Cabot, Dickinson, Ellsworth, Foster, Izard, King, Morris, Rutherford, Sherman, Stanton, Strong.—11. JWays—Messrs. Bassett, Bradley, Brown, Burr, Butler, Ed- wards, Gunn, Hawkins, Henry, Johnston, Langdon, Monroe, Potts, Read, Robinson, Taylor, Wingate.—17. Bill reject. The subsequent sections of the bill were then disagreed to, ed. and the bill was consequently rejected. Calls forin. On the 24th of December, 1792, the House of Representa- H.Journal, ... tives adopted this resolution:- p. 653. concerning loans. “Resolved—That the secretary of the treasury be directed to lay before this House an account of the application of the mo- neys borrowed in Antwerp and Amsterdam, for the United States, within the present year.” - And on the 27th of the same month, the following resolution was adopted:— - “Resolved—That the President of the United States be re- quested to cause this House to be furnished with a particular ac- count of the several sums borrowed under his authority, by the United States; the terms on which each loan has been obtained; the applications to which any of the moneys have been made, agreeably to appropriations; and the balances, if any, which re- main unapplied. In this statement it is requested that it may be specified at what times interest commenced on the several sums obtained, and at what times it was stopped by the several pay- ments made.” This resolution was ordered to be transmitted to the President Id, p.65% of the United States. And on the 4th of January following, the Id. p. 662. speaker laid before the House a letter from the secretary of the treasury, accompanying certain statements relative to foreign loans, which have been made by the United States, under the authority of the President, pursuant to the above resolutions. These communications were laid on the table. On the 11th of Id, p. 6°. January, also, another letter was laid before the House, from the - HISTORY OF CONGRESS. 663 CHAP.VII. Public Debt—Information concerning Loans. 1793. 2d Congress. 2d Session. Resolution of House concerning receiving of loan in domestic debt. same officer, accompanying his report of a supplementary state- ment of loans made in behalf of the United States, pursuant to the resolution of the 27th, last quoted. The same disposition was made of this report. On the 23d of January, 1793, the House, among other resolu- tions, adopted the following:— “Resolved—That the President of the United States be re- quested to cause to be laid before this House, copies of the autho- rities under which loans have been negotiated, pursuant to the acts of the fourth and twelfth of August, one thousand seven hundred and ninety, together with copies of the authorities di- recting the application of the moneys borrowed. “Resolved—That the President of the United States be re- quested to cause this House to be furnished with the names of the persons by whom, and to whom, the respective payments of the French debt have been made in France, pursuant to the act for that purpose; specifying the dates of the respective drafts upon the commissioners in Holland, and the dates of the respective payments of the debt. A similar statement is requested respect- ing the debts to Spain and Holland.” On the 4th of February, a communication from the secretary of the treasury was received in reply, which was ordered to lie on the table. The House of Representatives, on the 25th of February, adopted the following resolution:- - “Resolved—That the time for receiving, on loan, that part of the domestic debt of the United States which may not be sub- scribed prior to the first day of March next, pursuant to the terms proposed in the act, entitled ‘An act making provision for the debt of the United States,’ and, also, an act, entitled ‘An act supplementary to the act making provision for the debt of the United States,’ be extended on the same terms as is, by the first recited act, provided, to the day of ; and books for receiving such further subscriptions shall be opened at the treasu- ry of the United States only, and to continue open until the said day of , inclusively.” It was then ordered that Messrs. Goodhue, Griffin, and Gregg, prepare and bring in a bill embracing these views; and, on the [*B.240.] 27th, Mr. Goodhue presented a bill for extending the time for receiving, on loan, that part of the domestic debt of the United States which may not be subscribed prior to the first day of y - H. Journal, p. 677. Id. p. 689. Id, p. 718. Id. p. 719. 664 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Claim of Maryland. 1793. 2d Congress. 2d Session. Bill passed. 2d Congress. 1st Session. Claim of Maryland. March, 1793, which was then read the first and second time, and committed to a committee of the whole house. The bill was considered in committee of the whole on the 28th, and being re- ported without amendment, was ordered to be engrossed for the third reading; and, on the 1st of March, the blañks were filled up, and the bill was read the third time and passed. The bill was considered and concurred in by the Senate on the same day. -º- On the 31st of March, 1792, the following motion was sub- mitted to the House of Representatives:– “Whereas, by several documents and papers communicated in pursuance of a resolve of the legislature of Maryland, it ap- pears that Nicholas Buxton Moore received from the treasurer of that state, on the 24th day of November last, the sum of two hundred and forty-two pounds, eight shillings, and three pence, current money of the said state, the amount of a judgment ren- dered against him in the General Court of the same state, on ac- count of horses purchased for the use of the United States, during the late war; and that the claim of the said state, by the pay- ment aforesaid, hath not been credited in the accounts of the same with the United States: “Resolved—That the proper officers of the treasury be autho- rized, and they are hereby directed, to adjust and settle the said claim with the agent of the state aforesaid, any limitations in the acts of Congress to the contrary notwithstanding.” This motion was referred to Messrs. Seney, Gerry, and Sump- ter. Mr. Seney reported on the 4th of April, and, on the 9th, the House considered the report, and came to the following reso- lution:— - - “Resolved—That the claim of the said state be allowed for the sum of two hundred and forty-two pounds, eight shillings, and three pence, current money of the said state, paid to Nicholas Buxton Moore, for the amount of a judgment rendered against him, in the General Court of the said state, on account of horses purchased for the use of the United States, during the late war; and that the commissioners for settling the accounts between the United States and individual states, be authorized and directed to adjust and settle the said claim with the agent of the state afore- said, on the same principles as other claims of the several states are adjusted and settled; any limitation in the acts of Congress to the contrary notwithstanding.” H. Journal, p.724,725, S. Journal, p. 500. 1792. H. Journal, p. 555. Id. p. 556. Id. p. 562. Id, p. 569, 570. - HISTORY OF CONGRESS. 665 CHAP. VII. Public Debt–Call for Information. 1792. }º. The same committee were then instructed to prepare and H. Journal, bring in a bill; and, on the 10th, Mr. Seney presented a bill to p.571,572. [HB,180.] direct the settlement of a certain claim of the state of Maryland, - which was then read the first and second time, and committed to a committee of the whole house. The bill was taken up in com- mittee of the whole on the 12th, and some progress was made; Id. p. 577. Bill not but the bill does not appear to have been acted on at any subse- * quent period. assºon. On the 19th of February, 1793, it was moved that the House 1793. of Representatives come to the following resolution:- H. Journal, - - - ,706,707. Call on “Resolved—That the commissioners for purchasing the pub- p ... lic debt, be directed to lay before this House a statement of all º their proceedings, not heretofore furnished.” ebt, It was moved to amend the resolution by inserting, after the word “House,” the words, “ their resolves as commissioners, approved by the President of the United States, together with.” And the question being taken on this motion, it was decided in the negative, by the following vote:- - Jºyes–Messrs. Ames, Ashe, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gilman, Goodhue, Gor- don, Griffin, Hartley, Hillhouse, Huger, Kitchell, Kittera, Law- rance, Learned, Leonard, Livermore, Niles, Sedgwick, Silves- ter, Steele, Sturges, Thatcher, Wadsworth, Ward.—30. Noes—Messrs. Baldwin, Clarke, Findley, Gerry, Giles, Greenup, Gregg, Grove, Heister, Hindman, Key, Lee, Macon, Madison, Mercer, Milledge, Moore, Muhlenberg, Murray, Orr, Page, Parker, Schoonmaker, Jere. Smith, I. Smith, Sumpter, Tredwell, Tucker, Venable, White, Willis.-31. It was then moved to amend the resolution, by striking out Id. p. 707, the words “not heretofore furnished,” and inserting, in lieu ". thereof, the words, “under the acts for the reduction of the pub- lic debt, since the date of the purchases mentioned in their last report.” [The former reports of the commissioners may be found in the House Journal, p. 450 and 621.] The question be- ing taken on this motion to amend, it was decided in the nega- tive, by the following vote:- Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Gilman, Goodhue, Lawrance, Learned, Leonard, Livermore, Sedgwick, Sturges, Thatcher, Wadsworth, Ward. –18. Noes—Messrs. Ashe, Baldwin, Clarke, Findley, Fitzsimons, Wol. I.--84 -x- 666 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Commissioners of Loans. 1793. §gº. Gerry, Giles, Gordon, Greenup, Gregg, Griffin, Grove, Hartley, Tº Heister, Hillhouse, Hindman, Huger, Key, Kitchell, Kittera, Lee, Macon, Madison, Mercer, Milledge, Moore, Muhlenberg, Murray, Niles, Orr, Page, Parker, Schoonmaker, Silvester, Jere. Smith, I. Smith, Steele, Sumpter, Tredwell, Tucker, Ve- nable, White, Willis.-43. The resolution was then adopted by the following vote:– •Ayes—Messrs. Ashe, Baldwin, Clarke, Findley, Gerry, Giles, Gordon, Greenup, Gregg, Griffin, Grove, Hartley, Heister, Hindman, Key, Kittera, Lee, Macon, Madison, Mercer, Mil- ledge, Moore, Muhlenberg, Murray, Niles, Orr, Page, Parker, Schoonmaker, Silvester, Jere. Smith, I. Smith, Steele, Sump- ter, Tredwell, Tucker, Venable, White, Willis.-39. * Noes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gilman, Goodhue, Hillhouse, Huger, Kitchell, Lawrance, Learned, Leonard, Livermore, Sedgwick, Sturges, Thatcher, Wadsworth, Ward.-22. So the resolution was adopted; and, on the 25th, the speaker H. Journal submitted to the House a letter from the commissioners, accom- p. 717. panying a statement, such as was called for by the resolution. The documents were ordered to lie on the table. -º- 1st congress. ON the 13th of January, 1791, a motion was submitted to the 1791. *#. House of Representatives, “That a committee be appointed to Hºm si..."; consider and report whether any, and what, further compensation p. 334 loans, is necessary to be made to the commissioners of loans, to defray the extraordinary expense occasioned to them, in the first in- stance, in the execution of the act making further provision for the debt of the United States.” The motion was ordered to be referred to the secretary of the treasury. The response of the secretary to this report was received on the 15th of February, Id, p. 379. which was considered on the 23d, and agreed to, as follows:– 387. “That provision should be made, by law, for admitting to the credit of the several commissioners of loans, in the settle- ment of their respective accounts, all such sums as shall appear - to have been necessarily expended by them in the purchase of - stationary, and for the hire of clerks in relation to the execution of their offices, from the commencement of the same to the first day of October next, deducting the salary of one clerk in re- spect to each of the commissioners of Massachusetts, New York, Pennsylvania, and Virginia.” History of congress. 667 - Chap.VII. Public Debt—Compensation to Commissioners of Loans. 1791. ºgº. It was then ordered that Messrs. Williamson, Partridge, and H. Journal, * White, prepare and bring in a bill to this effect. And, on the P.388,889. [H.B.135.] 24th, Mr. Williamson, from this committee, presented a bill for Act ma- making compensations to the commissioners of loans for extra- i.*...* ordinary expenses and services, which was then read the first to commis- and second time, and committed to a committee of the whole º * house. The bill was considered in committee of the whole on H. Journal, extraordi- the 28th, when an amendment was reported as follows:— p. 395. nary ex- - --- - - penses. “Strike out the last clause of the bill, in the words following: “excepting only the hire of one clerk for the several commis- sioners in the states of Massachusetts, New York, Pennsylvania, and Virginia.’” - The question being taken on agreeing to this amendment, it was decided in the negative, as follows:— Jāyes—Messrs. Ames, Benson, Burke, Cadwalader, Carroll, Clymer, Fitzsimons, Floyd, Gerry, Giles, Griffin, Hartley, Ha- thorn, Huntington, Lawrance, Muhlenberg, Van Rensselaer, Scott, Sedgwick, Stone, Trumbull, Wadsworth, Wynkoop.–23. Noes—Messrs. Ashe, Baldwin, Bloodworth, Boudinot, B. Bourne, Brown, Contee, Foster, Gilman, Grout, Jackson, Leo- nard, Livermore, Mathews, Partridge, Schureman, Seney, Sher- man, Sinnickson, Smith, of Maryland, Smith, of South Caro lina, Sturges, Sumpter, Thatcher, Tucker, White, Williamson. —27. The bill was then passed and sent to the Senate, where it was S. Journal, read the first time on the same day; on the 2d, the bill was read ſº - - 304, 306. the second time, and referred to Messrs. Langdon, Schuyler, and Ellsworth. Mr. Langdon soon afterwards reported the bill with an amendment, which was agreed to, and the bill was passed on the following day, so amended as to strike out the words “ex- cepting only the hire of one clerk for the several commission- ers in the states of Massachusetts, New York, Pennsylvania, and Virginia.” The amendment of the Senate was disagreed to by the House H. Journal, of Representatives, as follows:— p. 403. •Ayes—Messrs. Cadwalader, Carroll, Clymer, Fitzsimons, Floyd, Gale, Griffin, Giles, Hartley, Hathorn, Heister, Hunting- ton, Lawrance, Lee, Scott, Sedgwick, Sherman, Silvester, Trum- bull, Wynkoop.–20. Noes–Messrs. Baldwin, Boudinot, B. Bourne, Brown, Burke, - Contee, Foster, Gilman, Jackson, Leonard, Livermore, Madi- son, jr., Muhlenberg, Partridge, Schureman; Sinnickson, Smith, 668 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Compensation to Commissioners of Loans. 1791. §§º of Maryland, Smith, of South Carolina, Sumpter, Vining, White, - Williamson. —22. º The Senate, however, determining to adhere to their amend-s, Journal, ment, the House resolved to recede from their disagreement by P* the following vote, the question being to recede:– Jāyes–Messrs. Cadwalader, Clymer, Fitzsimons, Floyd, Gale, Griffin, Giles, Hartley, Hathorn, Huntington, Lawrance, Lee, Muhlenberg, Partridge, Scott, Sedgwick, Sevier, Sherman, Sil- - vester, Trumbull, Vining, Wadsworth, Wynkoop.–23. Noes—Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Con- - tee, Foster, Jackson, Leonard, Livermore, Mathews, Van Rens- selaer, Schureman, Seney, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Sumpter, White, Williamson. —20. - Billpassed. Thus the bill was concurred in. -º- fºr EARLY in the first session of the second Congress, a petition 1792. compens. was presented to Congress, from Jabez Brown, commissioner of H. Journal, tiºn” loans in the state of Rhode Island, praying to be allowed the ex- P-47%." º of pense of stationary and clerk hire, until the first day of October loans. next, which was referred to the secretary of the treasury. On the 3d of March, a report was received by the House of Repre- sentatives from the secrétary, on this petition, and also on a pe- tition of William Gardner, commissioner of loans for the state of New Hampshire; and the report was referred to Messrs. Bourne, of Rhode Island, Mercer, and Tucker. A report was made by Mr. Bourne, from this committee, on the 16th, which was com- Id. p. 537. mitted to a committee of the whole house, and was taken up for * consideration in committee on the 1st of May, but without coming to any conclusion. On the 4th, the committee, on mo- Id. p. 598. tion, were discharged from the further consideration of the re- port, and Messrs. Bourne, of Rhode Island, Griffin, and Ashe, were appointed a committee to prepare and bring in a bill to pro- vide for the payment of the hire of clerks, and for stationary in the offices of the several commissioners of loans. Mr. Bourne, on [H.B.194.] the 7th, presented, from this committee, a bill for making com- Id, p. 601. pensations to the commissioners of loans for extraordinary ex- penses, which was read the first and second time, and ordered to be engrossed; and, on the same day, the bill was read the third Billpassed, time and passed. In the Senate, the bill was taken up on the S. * p, ºv. same day, and received its various readings, and was passed with- out opposition or amendment. - HISTORY OF CONGRESS. 669 CHAP.VII. Public Debt—United States Bank—Act of Incorporation, 1790–91. lºgongress. In reference to the first charter of the Bank of the United 3d Session. UNITED STATES BANK, States, which was granted by the first Congress, the proceedings, as connected with the public debt, properly demand a place in this chapter. On the 13th of December, 1790, a report was communicated to the House of Representatives, by the secretary of the trea- sury, in relation to a provision for the establishment of the pub- lic credit, and in which a reference is made to the expediency of a national bank. And, on the following day, another letter from the secretary, Number 2, was communicated, containing a plan for the institution of a national bank. The report was committed to a committee of the whole house; and, on the 23d, the clerk was ordered to carry to the Senate a copy of this re- port. On the same day, the Senate referred the report to Messrs. Strong, Morris, Schuyler, Butler, and Ellsworth, with an instruc- tion to prepare a bill. Mr. Strong, on the 3d of January, re- [S. B. 17.1 ported a bill, which was read the first time, and, on the 6th, re- - ceived the second reading. The bill was further considered and discussed on the 10th, 11th, 12th, and 13th, when it was agreed to fill the blank in the title with these words: “The United States of America.” It was then moved to limit the term of incorporation to seven years, and a motion was made to extend the term of incorporation to the 4th of March, 1815. The question, on this latter motion, was decided in the affirmative, by the following vote:– - Yeas—Messrs. Bassett, Dickinson, Ellsworth, Elmer, Johnson, King, Langdon, Morris, Read, Schuyler, Strong–II. Ways–Messrs. Butler, Few, Foster, Hawkins, Henry, John- ston, Izard, Maclay, Monroe, Wingate.—10. - A motion was then made to add to the last clause agreed to, the following: “Provided, nevertheless, that nothing herein con- tained shall be construed to exclude the right of amending the same, or giving twelve months' notice from and after the first day of January, 1800.” This motion was, on the following day, decided in the negative. A successful motion was then made to reconsider the term of incorporation, and to limit it to the 4th day of March, 1811. On the 17th and 18th, the bill was fur- ther considered, and was recommitted for further amendments. Mr. Strong, on the same day, reported various amendments, which were agreed to. It was moved, on the following day, to expunge the 12th section; namely: “And be it further enacted— That no other bank shall be established by any future law of the United States, during the continuance of the corporation H. Journal, p. 336, Id. p. 341. S. Journal, p.225.228. 230–232. Id, p. 233. Id, p. 234. 670 HISTORY OF CONGRESS, CHAP. VII. Public Debt—United States Bank—Act of Incorporation. 1791. lºgº hereby created; for which the faith of the United States is hereby pledged.” But this motion did not prevail; and the bill *** was ordered to the third reading. On the 20th, the Senate pro- ceeded to the third reading, when it was again moved to recon- sider the term of incorporation, and limit it to the year 1801, in- stead of 1811; but this motion was determined in the negative, as follows:– Yeas—Messrs. Butler, Few, Gunn, Hawkins, Izard, Monroe. —6. JWays—Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, Wingate.—16. Another motion was then made to expunge the 12th section: but this motion was rejected, by the following vote:– Yeas—Messrs. Butler, Few, Hawkins, Izard, Monroe.-5. JVays—Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Gunn, Johnson, Johnston, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, Wingate.—18. Passed by The bill was then passed with the following title: “An act to * incorporate the subscribers to the Bank of the United States.” and was sent to the House of Representatives for concurrence. In the House of Representatives, this bill was read the first H. Journal, and second time, on the 21st of January, and was committed to P. 358. a committee of the whole house. And, on the 31st, the bill was Id. p.367, considered in committee of the whole, and, no amendment being reported, was ordered to the third reading. It was moved, on the 1st of February, that the bill be recommitted to the commit- Id, p. 36% tee of the whole; and the question being taken on this motion, it was decided in the negative, as follows:— Ayes–Messrs. Ashe, Baldwin, Bloodworth, B. Bourne, Brown, Burke, Carroll, Contee, Gale, Grout, Giles, Jackson, Lee, Madi- son, jr., Mathews, Moore, Parker, Smith, of Maryland, Smith, of South Carolina, Stone, Tucker, White, Williamson.—23. IVoes—Messrs. Ames, Benson, Boudinot, Cadwalader, Cly- mer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Goodhue, Hart- ley, Hathorn, Heister, Huntington, Lawrance, Leonard, Liver- more, Muhlenberg, Partridge, Van Rensselaer, Schureman, Scott, Seney, Sherman, Silvester, Sinnickson, Steele, Sturges, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop.–34. - The bill was then discussed during the 2d and 3d of Februa- Id. p. 369. ry, when a motion was made to recommit the first section of the - bill to a committee of the whole house, “for the purpose of al- tering the time or manner of subscribing; so that the holders of HISTORY OF CONGRESS. 67] CHAP.VII. Public Debt—United States Bank—Act of Incorporation. 1791. ºn state securities, assumed to be paid by the United States, may be T on a footing with the holders of other securities, formerly called * national securities.” This motion was made by Mr. Williamson, and led to some debate, when the question being taken, it was decided in the ne- gative, as follows:– - Ayes–Messrs. Baldwin, Bloodworth, Brown, Burke, Car- roll, Contee, Gale, Grout, Giles, Jackson, Lee, Madison, jr., Mathews, Moore, Sevier, Smith, of South Carolina, Steele, Stone, Tucker, White, Williamson.—21. Noes–Messrs. Ames, Benson, Boudinot, B. Bourne, Cadwa- it. Journal, lader, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Good- p. 370– hue, Griffin, Hartley, Hathorn, Heister, Huntington, Lawrance, 372. Leonard, Livermore, Muhlenberg, Parker, Partridge, Van Rens- selaer, Schureman, Scott, Sedgwick, Seney, Sherman, Silvester, Sinnickson, Smith, of Maryland, Sturges, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop.–38. The bill was further debated on the 4th, 5th, 7th, and 8th; Mr. Legislative Madison, Mr. Gerry, Mr. Giles, Mr. Sedgwick, Mr. Boudinot, º Mr. Stone, Mr. Jackson, Mr. Vining, and Mr. Smith, of South History of Carolina, being among the principal speakers. Mr. Madison º: then moved the previous question; namely: “Shall the main question be now put?” and this motion was decided in the affirm- ative, by the following vote:– Jºyes–Messrs. Ames, Benson, Boudinot, B. Bourne, Cadwa- H. Journal. lader, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Good- * 372. hue, Hartley, Hathorn, Heister, Huntington, Lawrance, Leo- nard, Livermore, Muhlenberg, Partridge, Van Rensselaer, Schureman, Scott, Sedgwick, Seney, Sevier, Sherman, Silvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Sturges, Thatcher, Trumbull, Wadsworth, Wynkoop. –38. Noes—Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Carroll, Contee, Gale, Grout, Giles, Jackson, Lee, Madison, jr., Mathews, Moore, Parker, Stone, Tucker, White, Williamson. —20. The main question was then put, that the bill do now pass, which was decided in the affirmative, as follows:- Jāyes—Messrs. Ames, Benson, Boudinot, B, Bourne, Cadwa- Id, p. 373. lader, Clymer, Fitzsimons, Floyd, Foster, Gerry, Gilman, Good- hue, Hartley, Hathorn, Heister, Huntington, Lawrance, Leonard, Livermore, Muhlenberg, Partridge, Van Rensselaer, Schure- - man, Scott, Sedgwick, Seney, Sevier, Sherman, Silvester, Sin- -- - 672 HISTORY OF CONGRESS. CHAP.VII, Public Debt—United States Bank—Supplementary Act. 1791. Istgongress, nickson, Smith, of Maryland, Smith, of South Carolina, Steele, 3d Session. Sturges, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop. U.S. Bank, —39. - Bilipased Noes–Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, by House. Carroll, Contee, Gale, Grout, Giles, Jackson, Lee, Madison, jr., Mathews, Moore, Parker, Stone, Tucker, White, Williamson. —20. SUPPLE- On the 9th of February, the House appointed Messrs. Smith, H. Journal, * of South Carolina, Williamson, and Vining, to be a committee to p.374,375. prepare and bring in a bill supplementary to an act, entitled “An act to incorporate the subscribers to the Bank of the United [H.B.125.] States;” and, on the following day, Mr. Smith presented a bill, which was then read the first time, and, on the 11th, received the second reading, and was committed to a committee of the whole house. In committee, the bill was considered on the 22d, and Id. p. 386, several amendments were reported, which were agreed to, and 387. the bill was ordered to be engrossed; and, on the next day, it Billpassed, was read the third time, passed, and transmitted to the Senate, where it was read the first time. On the 24th, the bill received S. Journal, the second reading, and was ordered to be read the third time, by P. 279, the following vote:– - Yeas—Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, Id, p. 280. Elmer, Few, Hawkins, Henry, Johnson, Johnston, Izard, King, Langdon, Lee, Maclay, Morris, Read, Schuyler, Stanton, Strong, Wingate.—22. Nays—Messrs. Carroll, Gunn, Monroe.—3. The bill was taken up for the third reading on the 25th of Fe- Id, p.288. bruary, when an unsuccessful motion was made to add the fol- lowing section to the bill:— - * Sect. — And be it further enacted—That the term ‘law,” used in the third section of the original act, which requires that the by-laws, ordinances, and regulations of the said corporation, shall not be contrary to law or the constitution thereof, shall be construed to mean the laws of the individual states, as well as of the United States.” This motion having been rejected, it was then moved to adopt the following clause, as an addition to the bill. “..And be it further enacted—That nothing in the act to which this is a supplement, shall restrain the legislature of the United States from repealing the same, and abolishing the cor- poration thereby established, at any time after the fourth day of March, in the year one thousand eight hundred and two.” º - - HISTORY OF CONGRESS.. " 673 CHAP.VII. Public Debt—Reimbursement of Loan to United States Bank. 1791. ºº: The question being taken on this motion, it was decided in the U.S. Bank. Bill passed by Senate, Bill to au- thorize payment of balances due to the U. States, in certifi- Cates of debt from the U. States, Postponed, # Congress. Session, - Bill to re- imburse Oan made of U. S. Bank. negative, by the following vote:– Yeas—Messrs. Butler, Carroll, Few, Gunn, Hawkins, John- ston, Izard, Lee, Monroe.—9. Nays—Messrs. Bassett, Dalton, Dickinson, Ellsworth, El- mer, Foster, Henry, Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, Wingate.—17. The Senate then concurred in the bill as it came from the House of Representatives. On the 21st of February, Mr. Schuyler gave notice that he should move for leave to bring in “a bill to provide further pay- ment of balances due to the United States in certain cases.” And, on the 26th, the bill was introduced and read the first time, as follows:– “Sect. 1. Be it enacted, by the Senate and House of Representatives S. Journal, of the United States of America, in Congress assembled—That, in Pº” every case of the settlement of an account at the treasury of the United States, (in which, if a balance had been or should be found against the United States, such balance would have been or would be liquidated by a certificate,) if a balance has been or shall be found in favour of the United States, it shall be law- ful for the person or persons from whom such balance is or shall be due, to pay or satisfy the same, in certificates of debt due from the United States, of the like tenor, and upon the like principles. as if such balance had been found against the United States.” On the 28th, the bill was read the second time; and, after an Id, p. 290, unsuccessful motion to postpone, was committed to Messrs. 291. Strong, Lee, and Schuyler. Mr. Strong reported on the same day, and the bill was then postponed to the next session of Con- gress. There is no record of any future action on the bill. --> In his speech at the opening of the second session of the see 1792. cond Congress, the President of the United States, after advert- i. Journal, ing generally to the redemption of the public debt, thus remarks p. 613. on the reimbursement of the loan due to the United States Bank: « Provision is likewise requisite for the reimbursement of the loan which has been made of the Bank of the United States, pursuant to the eleventh section of the act by which it is incor- Wol. I.-85 - 674 HISTORY OF CONGRESS. CHAP.VII. 2d Congress. 2d Session. Bill to re- imburse loan, &c. [H.B.207.] - Public Debt–Reimbursement of Loan to United States Bank. porated. In fulfilling the public stipulations in this particular, it is expected a valuable saving will be made.” The eleventh section of the incorporation act to which the President here refers, is as follows:— “ Sect. 11. And be it further enacted—That it shall be law- ful for the President of the United States, at any time or times, within eighteen months after the first day of April next, to cause a subscription to be made to the stock of the said corpora- tion, as part of the aforesaid capital stock of ten millions of dol- lars, on behalf of the United States, to an amount not exceeding two millions of dollars; to be paid out of the moneys which shall be borrowed by virtue of either of the acts, the one enti- tled ‘An act making provision for the debt of the United States;’ and the other entitled ‘An act making provision for the reduction of the public debt:’ borrowing of the bank an equal sum, to be applied to the purposes for which the said moneys shall have been procured, reimbursable in ten years, by equal annual instalments, or at any time sooner, or in any greater pro- portions that the government may think fit.” On the 22d of November, the following resolution, reported by the committee of the whole house, to which had been referred the speech of the President, was agreed to by the House. “Resolved—That the secretary of the treasury be directed to report the plan of a provision for the reimbursement of the loan made of the Bank of the United States, pursuant to the eleventh section of the act, entitled ‘An act to incorporate the subscribers to the Bank of the United States.’” On the 3d of December, the secretary reported a plan to the House, which was, on the 13th, committed to a committee of the whole house. And, on the 19th, a motion was made, and agreed to, to discharge the committee of the whole from the con- sideration of the report, and to appoint a committee “to report a bill authorizing a loan equal to the sum borrowed of the said bank, to be applied to the said reimbursement; and providing that so much of the dividend in the stock of government in the said bank, as may be necessary, be appropriated for paying the interest of the sum to be borrowed.” Messrs. Sedgwick, Law- rance, and Murray, were then constituted this committee. And, 1792. H. Journal, p. 625. Id. p. 631. 637, 651. on the 21st, Mr. Sedgwick presented a bill conforming to the Id, p. 65% resolution of the House, which bill was read the first and second time, and committed to a committee of the whole house. This HISTORY OF CONGRESS. 675 'CHAP.VII. Public Debt—Reimbursement of Loan to United States Bank. 1792. tº bill was considered in committee of the whole on the 24th, and Hjournal, - was reported with an amendment, which was agreed to by the p. 653. - - * House; and the bill and amendment were then ordered to lie on loan, &c. the table. The consideration of the bill was resumed on the Id, p. 654. 26th, when a motion was made to strike out the first section, as follows:– “Sect. 1. Be it enacted, by the Senate and House of Repre- sentatives of the United States of America, in Congress as- sembled—That the President of the United States be, and he is hereby, authorized to cause to be borrowed, on behalf of the United States, a sum not exceeding two millions of dollars, at an interest not exceeding five per centum per annum, to be ap- plied to the reimbursement of a loan made of the Bank of the United States, in pursuance of the eleventh section of the act, en- titled ‘An act to incorporate the subscribers to the bank of the United States:’ Provided, That no engagement nor contract shall be entered into, which shall preclude the United States from re- imbursing any sum or sums borrowed, within years after the same shall be lent or advanced.” The question being taken on this motion, it was decided in the negative by the following vote:– Jāyes—Messrs. Ashe, Baldwin, Findley, Giles, Greenup, Grove, Lee, Madison, Moore, Parker, Schoonmaker, Silvester, I. Smith, Steele, Sturges, Sumpter, Tredwell, Venable.—18. Noes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, Gilman, Goodhue, Gor- don, Gregg, Griffin, Hartley, Hillhouse, Huger, Jacobs, Key, Kitchell, Kittera, Learned, Leonard, Livermore, Milledge, Mur- ray, Niles, Sedgwick, Wm. Smith, Thatcher, Tucker, Wads- worth, White, Williamson, Willis.-35. It was then moved to amend the bill, by striking out, in the Id. p. 654, sixth line of the first section, the words “two millions of dol- 655. lars,” and inserting in their room, the words “two hundred thou- sand dollars.” The question being taken on this motion, it was decided as follows:— - - Jºyes—Messrs. Ashe, Baldwin, Findley, Giles, Greenup, Gregg, Griffin, Grove, Key, Kitchell, Lee, Madison, Milledge, Moore, Niles, Parker, Schoonmaker, I. Smith, Steele, Sturges, Sumpter, Tredwell, Tucker, Venable, White, Williamson, Wil- lis.-27. Noes–Messrs. Trumbull, speaker, Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Fitzsimons, Gerry, 676 Chap.VII. 2d Congress. 2d Session. Bill to re- imburse loan, &c. Bill passed. Calls on treasury for infor- mation con- cerning bank ac- count with L. States, &c. HISTORY OF CONGRESS. Public Debt—Calls for Information. Gilman, Goodhue, Gordon, Hartley, Hillhouse, Huger, Jacobs, Kittera, Learned, Leonard, Livermore, Murray, Sedgwick, Sil- vester, Wm. Smith, Thatcher, Wadsworth.-27. The motion was, therefore, lost. It was then moved and agreed to, so to amend the bill, as to strike out, in the seventh line of the first section, the words “not exceeding,” and insert- ing in their place these words, “which, including the expense, shall not exceed.” On the following day, the House refused a motion to resume the consideration of the bill, which was not again taken up until the 27th of February, 1793, when it was recommitted to a com- mittee of the whole house, reported with amendments, and or- dered to be engrossed for the third reading. On the next day, the bill was read the third time, and passed, with the title as fol- lows:– An act providing for the payment of the first instalment due on a loan made of the Bank of the United States.” The bill was read the first time in the Senate, on the same day, and, on the first of March, it was read the second and third time and passed. On the 15th of January, 1793, a motion, as follows, was sub- mitted to the Senate by Mr. Butler, and being seconded by Mr. Bradley, was agreed to:— “Ordered—That the secretary of the treasury lay before the Senate the account of the United States with the Bank of the United States; specifying the precise sums, with the dates of the debits and credits, from the institution of the bank to the day the return is made. “That the secretary of the treasury also lay before the Senate an account of the surplus of revenue appropriated to the pur- chase of the public debt, to the same period; specifying the sums and dates. - “That he lay before the Senate a statement of the money borrowed by virtue of the law passed August the 4th, 1790, with the appropriation of the amount, and the precise dates. “That he lay before the Senate the amount and application of the money borrowed by virtue of the law of August the 12th, 1790. - “And that he lay before the Senate an account, exhibiting the probable surplus, and unappropriated revenue of the year 1792, stating, as far as possible, the dates and the sums.” The secretary made his report on the 18th, in reply to this re- 1792–93. H. Journal, p. 656, Id. p. 721, 722. S. Journal, p.498. 500, Id. p. 471. Id. p. 472. 480. H. Journal, p.678.689. 702. 704. 709, 714, quisition. Various calls were also made, from time to time, on - - -- -- HISTORY OF CONGRESS. 67.7 Chap.VII. Public Debt—Calls for Information. 1793. 2d Congress. 2d Session. Call on trustees of sinking fund. the secretary of the treasury, for information concerning the sinking fund, and several reports were communicated by him to Congress, connected with that subject. On the 21st of January, it was moved that the Senate come to the following order:- “Ordered—That the trustees of the sinking fund lay before the Senate an account of the funds under their direction, stating specially the reasons of their proceedings, the surpluses now on hand, and where deposited.” - This motion was considered on the 23d, when the words “spe- cially the reasons of their proceedings” were stricken out; and, after an unsuccessful motion to amend the order, by adding “to- gether with the journal of their proceedings in the execution of their trast,” it was agreed to in the original form. The following motion was also submitted to the Senate, on the 21st of January:- “Ordered—That the secretary of the treasury lay before the Senate a general account, exhibiting the amount of all the public funds and moneys, (loans included,) up to the end of last year, and what remains of each appropriation, either in cash, bonds, certificates, or other securities, and stating where the balances are deposited. “That he also lay before the Senate a copy of the powers un- der which he negotiated the loans made under the laws of the 4th and 12th of August, 1790, and the original communications from the public commissioners in Holland, stating the difficulties of making separate loans under the said acts, as mentioned in his letter of January, 1793. . - “That he particularly state the amount which has been drawn into the United States, of the moneys borrowed in Europe, un- der the acts of the 4th and 12th of August, 1790; the purposes for which drawn; how any part thereof hath been applied; with the balance now on hand, and where deposited.” This motion was considered on the 23d, when the first para- graph was amended by adding, at the end, these words, “as far as the same can at present be done;” and the second paragraph being withdrawn, the motion was agreed to in the amended form. - Reports, in obedience to this requisition, were submitted by the secretary of the treasury to the Senate, on the 6th, 14th, and 18th of February. - S. Journal, p. 473. Id. p. 474, Id. p. 473. Id, p. 474, Id. p. 480, 486. 489. 678 HISTORY OF CONGRESS. CHAP.VII. Public Debt—Depreciation of Continental Money, &c. 1791–93. 1st Session. - - --- 480 T. House of Representatives a memorial and petition of sundry P. * Memorial - - fi.". merchants of Charleston, South Carolina, engaged in commerce, chants of previously to the late revolution, stating the peculiar hardships #,Cºngress. ON the 23d of December, 1791, there was presented to the H.Journal, Charleston. - under which they labour, from the twofold causes of the operation of the fourth article of the definitive treaty of peace, and of so much of the act of Congress for funding the public debt, as re- deems the old continental money, at the rate of one hundred dol- lars thereof for one dollar specie; the former requiring them to pay their British debts in sterling money, with full interest to the present time; and the latter, depriving them of all hope of indemnity, from the effects of depreciation and tender laws to which they were exposed during the war, and praying relief. This memorial was, on the 15th of February following, commit- d. p. 509. ted to a committee of the whole house on the state of the Union. 2d Session. Here the subject rested until the next session. In the mean time, many petitions of similar import, or nearly so, having re- ference to the depreciation on the certificates of debt given to them, were presented from the officers and soldiers of the lines of New Hampshire, Massachusetts, New York, Pennsylvania, Delaware, and Maryland, which were referred to a committee of - the whole house; and, on the 15th of January, 1793, it was moved Id, p. 672. to refer the memorial of the Charleston merchants to the same committee. The previous question being called for, viz.: “Shall the main question, to agree to the said motion, be now put?” it was decided in the affirmative, by the following vote:– Ayes–Messrs. Ames, Barnwell, Boudinot, S. Bourne, B. Bourne, Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Greenup, Heister, Kitchell, Learned, Leonard, Livermore, Niles, Sedgwick, Jere. Smith, I. Smith, Wm. Smith, Steele, Sterrett, Sturges, Sumpter, Thatcher, Tucker, White, Williamson.—30. JVoes—Messrs. Ashe, Baldwin, Benson, Dayton, Giles, Gregg, Grove, Hartley, Hillhouse, Jacobs, Lee, Macon, Madison, Mer- cer, Muhlenberg, Murray, Orr, Page, Parker, Silvester, Tred- well, Venable, Ward, Willis.-24. The question was then taken on agreeing to the motion, and H. Journal, was decided in the negative, as follows:— p. 672,673. Ayes–Messrs. Ames, Barnwell, Boudinot, S. Bourne, B. Bourne, Clarke, Fitzsimons, Gerry, Gilman, Goodhue, Gordon, Kitchell, Learned, Leonard, Livermore, Jere. Smith, I. Smith, Wm. Smith, Sterrett, Sturges, Sumpter, Thatcher, Tucker, White. —24. JVoes—Messrs. Ashe, Baldwin, Benson, Dayton, Giles, Green- HISTORY OF CONGRESS. 679 Chap.VII. Public Debt—Depreciation of Continental Money, &c. 1793. gº up, Gregg, Grove, Hartley, Heister, Hillhouse, Jacobs, Lee, Ma- con, Madison, Mercer, Muhlenberg, Murray, Niles, Orr, Page, Parker, Sedgwick, Silvester, Steele, Tredwell, Wenable, Ward, Williamson, Willis.-30. The motion was therefore negatived, and the House went into H. Journal, committee of the whole on the memorials of the officers and sol- P." diers described, as it had done on the previous day. On the 16th, this committee reported a resolution, which being amended to read as follows:— Memorial “Resolved—That it is the opinion of this committee, that the º prayer of the memorials of the officers and soldiers of several of diers, com; the lines of the late army of the United States, ought not to be plaining of • 35 deprecia- £" anted: tionintheir - - j In this form, the resolution was agreed to, as follows:– of debt, not granted Ayes—Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, Id. p. 673, B. Bourne, Clarke, Findley, Fitzsimons, Gilman, Goodhue, Gor-974 don, Gregg, Grove, Heister, Hillhouse, Jacobs, Key, Kitchell, Kittera, Lawrance, Learned, Lee, Leonard, Livermore, Macon, Moore, Muhlenberg, Orr, Sedgwick, Silvester, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Sumpter, Thatcher, Tucker, Venable, Wadsworth, White, Williamson.—43. Noes–Messrs. Ashe, Baldwin, Gerry, Giles, Greenup, Hartley, Madison, Mercer, Page, Tredwell.—10. - 680 HISTORY OF CONGRESS. CHAP. VIII. - Appropriations. 1789. 1st Congress. 1st Session. (CHAIPTIER VIII. Estimates called for, for the Year 1789–Bill making Appropriations for the Year —Bill making Appropriations for the Service of 1790–1791–1792—Resolutions as to Appropriations for the Year 1793–Bill passed. Call onse. ON the 17th of September, 1789, the House of Representa- H. Journal, 113. . of tives, on motion, adopted the following order:- p. easury ...” “Ordered—That the secretary of the treasury do report to this House, an estimate of the sums requisite to be appropriated during the present session of Congress towards defraying the ex- penses of the civil list, and of the department of war, to the end of the present year; and for satisfying such warrants as have been drawn by the late board of treasury, and which may not heretofore have been paid.” Reportre. On the 21st, the speaker laid before the House a report and Id, p. 115. ferred estimates made by the secretary, pursuant to the above order, which were referred to Messrs. Wadsworth, Smith, of Maryland, and Smith, of South Carolina. And, on the 21st, Mr. Wads- Id, p. 116. [H. B. 32.] worth, from this committee, presented a bill making appropria- tions for the service of the present year, which was then read the first and second time, and committed to a committee of the and was reported with an amendment, which was agreed to by the House, and the bill was then ordered to be engrossed. On the resumption of the bill on the following day, it was recommit- ted to a committee of the whole house, and was again considered, and reported with an amendment, which was agreed to, on the Id, p. 120. Bill passed 25th, when the bill was read the third time and passed. In the by House. Senate, the bill received the first and second reading on the 25th Id, p. 122, and 26th, and was committed to Messrs. Read, Butler, King, 123. Ellsworth, and Morris. On the 28th, Mr. Read reported amend- S. º ments, which were then agreed to, and the bill was read the º,” - Passed by third time, and passed as amended. The House of Representa- H. Journal, * tives immediately considered, and concurred in the amendments P.” of the Senate. 2d session. The House of Representatives, on the 29th of January, 1790, 1790. ordered the appointment of a committee, consisting of Messrs. º - p. 10v, - whole house. The bill was considered in committee on the 23d, Id, p. 119. HISTORY OF CONGRESS. - 681 CHAP. VIII. - Appropriations. 1790. lºgº Livermore, Silvester, and Lee, “to prepare and bring in a bill, IT or bills, to appropriate such a sum or sums of money as may be tº: necessary for the payment of the civil list, with the incidental appropria- charges thereof for the present year.” . "..." On the 2d of March, the speaker laid before the House a re-H.Journal, ...” port and estimate from the secretary of the treasury of extraor- P. 166. **uly dinaries for the services of the current year, which were referred to the above committee; and on the 8th, Mr. Livermore present- d. p. 169. [H. B. 471 ed a bill making appropriations for the support of government, ” which was then read the first time, and which, on the following day, received the second reading, and was committed to a com- mittee of the whole house. The bill was considered in commit- tee on the 15th, when various amendments were reported, which Bill passed were agreed to by the House, and the bill was ordered to the Id. p. 174, by House third reading, which it received on the next day. 175. In the Senate, the bill was read the first time, on the 16th, S. Journal, and, on the 18th, it received the second reading, and was com- p.120.122. mitted to Messrs. Few, Johnston, Butler, Izard, and Langdon. Bill passed And, on the 22d, the bill was reported with amendments, after Id. p. 123. by Senate, the adoption of which, it was read the third time, and passed. The House of Representatives, on the 23d, amended the amend- H. Journal, ments of the Senate, by introducing the following: “To Gifford g *. Dally, door-keeper to the House of Representatives, 192 dollars,” p. 123, as an addition to the following clause, introduced by the Senate, “To James Mathers, door-keeper to the Senate, 96 dollars.” The Senate, on the same day, resolved not to agree to the amendment of the House, but to insist on their own amendment. H. Journal, And, on the 24th, the House receded from their amendment. p. 181. assion. The speaker laid before the House of Representatives, on the 1791. 6th of January, 1791, a statement from the secretary of the H. Journal, treasury, of the further appropriations of money necessary for P.350. the support of civil government, for the current year. On the 26th, Messrs. Lawrance, Clymer, and Boudinot, were appointed Id. p. 364. [HB,120.] a committee, to prepare and bring in a bill, or bills, making ap- propriations for the service of the current year. Mr. Lawrance, on the 31st, presented a bill, making appropriations for the sup- id. p.367. port of government during the year 1791, and for other pur- - poses;” which was then read the first time, and, on the next day, received the second reading, and was ordered to be en- Billpassed, grossed and read the third time. The bill was passed by the House on the 2d, and sent to the Senate for concurrence, where s. Journal, it was read the first and second time, on the 2d and 3d, and was p. 238. Wol. I.-86 682 HISTORY OF CONGRESS. Chap.VIII. Appropriations—Bill for 1792. 1791. º committed to Messrs. Dalton, Carroll, and Bassett. Mr. Dalton − reported amendments on the 5th, which were disagreed to by S. Journal, the Senate on the 7th, and the bill was ordered to the third Pº Billpassed, reading. On the following day, the bill was passed, -º- #º. ON the 7th of November, the speaker laid before the House H. Journal, ** a report from the secretary of the treasury, of certain estimates P.” of sums necessary to be appropriated for certain objects therein specified, including the service of the year 1792, which was re- ferred to Messrs. Lawrance, Baldwin, and Ashe, with instruction to prepare and report a bill. Mr. Lawrance, on the 22d, pre-Id. p. 458. [H.B.149.] sented a bill, making appropriations for the support of govern- - ment for the year 1792, which was then read the first and se- cond time, and committed to a committee of the whole house. The bill was considered in committee of the whole on the 5th of Id, p. 468. December, when several amendments were reported, and agreed to by the House, after which the bill was recommitted to the original committee: and, on the next day, Mr. Lawrance report- Id. p. 469. [H.B.156.] ed from this committee an amendatory bill. This bill was read - the first and second time, on the 7th, and received the third Id. p. 470. reading, and was passed, on the day following. The bill, as it s. Journal, was sent to the Senate, is as follows:– § 33. 351– Appropria. “Section 1. Be it enacted, by the Senate and House of Represent- tion bill. atives of the United States of America, in Congress assembled—That, for the service of the year one thousand seven hundred and nine- ty-two, and the support of the civil list of the United States, in- cluding the incidental and contingent expenses of the several de- partments and offices thereof, there shall be appropriated a sum of money, not exceeding three hundred and twenty-eight thou- sand six hundred and fifty-three dollars, and fifty-six cents; that is to say:- “For the compensations granted by law to the President of the United States, the Vice-President, chief justice, associate judges, and attorney general, fifty-three thousand dollars. “For the like compensations to the district judges, nineteen thousand eight hundred dollars. “For the like compensations to the members of the Senate and House of Representatives, and the officers and attendants of the two houses, estimated on a session of six months’ continu- ance, and including the travelling expenses of the members, one hundred and twenty-nine thousand, seven hundred and thirty dollars, HISTORY OF CONGRESS. 683 CHAP. VIII. Appropriations—Bill for 1792. 1791. #º. “ For the like compensations to the secretary and officers of s. Journal, the several departments of the treasury of the United States, in- P. * ##" cluding clerks and attendants, and the salaries of the respective loan officers, sixty thousand three hundred dollars. “For the like compensations to the secretary and officers of the department of state, six thousand three hundred dollars. “For the like compensations to the secretary and officers of the department of war, nine thousand six hundred dollars. “For the like compensations to the members of the board of eommissioners, for the settlement of the accounts between the United States and the individual states, including clerks and at- tendants, thirteen thousand one hundred dollars. “For the like compensations to the governors, judges, and other officers of the western territory of the United States, in- cluding contingencies, eleven thousand dollars. “For the payment of the annual grant to Baron Steuben, pur- suant to an act of Congress, two thousand five hundred dollars. “For the payment of sundry pensions granted by the late go- vernment, two thousand seven hundred and sixty-seven dollars and seventy-three cents. “For defraying all other incidental and contingent expenses of the civil list establishment, including firewood, stationary, together with the printing work, and all other contingent ex- penses of the two houses of Congress, rent and office expenses of the three several departments; namely: treasury, state, war, and of the general board of commissioners, twenty thousand five hundred and fifty-five dollars and eighty-three cents. Sect. 2. And be it further enacted—That, for discharging certain liquidated claims upon the United States, for making good deficiencies in former appropriations for the support of the civil list establishment, and for aiding the fund appropriated for the payment of certain officers of the courts, jurors, and witnesses, and for the establishment of ten cutters, there shall be appropriated a sum of money not exceeding one hun- dred and ninety-seven thousand one hundred and nineteen dol- lars and forty-nine cents; that is to say, “For discharging a balance due on a liquidated claim of His Most Christian Majesty against the United States, for sup- plies during the late war, nine thousand and twenty dollars and sixty-eight cents. “For payment of the principal and interest on a liquidated claim of Oliver Pollock, late commercial agent of the United States, at New Orleans, for supplies of clothing, arms, and mili- - 684 HISTORY OF CONGRESS. CHAP. VIII. Appropriations—Bill for 1792. 1791. 2d Congress. 1st Session. Appropria- tion bill. tary stores, during the late war, one hundred and eight thousand six hundred and five dollars and two cents. “For making good deficiencies in the last appropriations for the compensations to sundry officers of the civil list establish- ment, five thousand four hundred and seventy-one dollars. “For defraying sundry authorized expenses to the commis- sioners of loans in the several states, twenty-one thousand dol- lars. “For defraying a balance of certain liquidated and contingent expenses in the treasury department, two thousand eight hun- dred dollars. “For defraying the additional expense of the enumeration of the inhabitants of the United States, nineteen thousand seven hundred and seventy-two dollars, and seventy-nine cents. “For making good a deficiency in former appropriations to discharge the expenses of clerks, jurors, and witnesses, in the courts of the United States, five thousand dollars. “For the maintenance and repair of light-houses, beacons, piers, stakes, and buoys, sixteen thousand dollars. “For the expense of keeping prisoners committed under the authority of the United States, four thousand dollars. “For the expense of clerks and books in arranging the pub- lic securities, two thousand four hundred and fifty dollars. “For the purchase of hydrometers for the use of the officers in the execution of the laws of the revenue, one thousand dol- lars. - “For the further expense of building and equipping ten cut- ters, two thousand dollars. “Sect. 3. 2nd be it further enacted—That, for the support of the military establishment of the United States, in the year one thousand seven hundred and ninety-two, the payment of the annual allowances to the invalid pensioners of the United States, for defraying all expenses incident to the Indian department, and for defraying the expenses incurred in the defensive protection of the frontiers against the Indians, during the years one thousand seven hundred and ninety, and one thousand seven hundred and ninety-one, by virtue of the authority vested in the President of the United States, by the acts relative to the military establish- ment, (passed the twenty-ninth of September, one thousand Se- ven hundred and eighty-nine, and the thirtieth of April, one S. Journal, p. 353. thousand seven hundred and ninety,) and for which no appro- priations have been made, there shall be appropriated a sum of money not exceeding five hundred and thirty-two thousand four HISTORY OF CONGRESS. 685 CHAP.VIII. Appropriations—Bill for 1792. - 1791. 21Congress, hundred and forty-nine dollars seventy-six cents, and two-thirds 1st Session. - Appropria- tion bill. of a cent; that is to say:— “For the pay of the troops, one hundred and two thousand six hundred and eighty-six dollars. “For subsistence, one hundred and nineteen thousand six hun- dred and eighty-eight dollars and ninety-seven cents. “For clothing, forty-eight thousand dollars. “For forage, four thousand one hundred and fifty-two dollars. “For the hospital department, six thousand dollars. “For the quarter-master’s department, fifty thousand dollars. “For the ordnance department, seven thousand two hundred and four dollars and sixty-four cents. “For the contingent expenses of the war department, in- cluding maps, hire of expresses, allowances to officers for extra expenses, printing, loss of stores of all kinds, advertising and ap- prehending deserters, twenty thousand dollars. “For the discharge of certain sums due for pay and subsist- ence of sundry officers of the late army, and for pay of the late Maryland line, for which no appropriations have been made, ten thousand four hundred and ninety dollars and thirty-six cents. “For the payment of the annual allowances to invalid pen- sioners, eighty-seven thousand four hundred and sixty-three dol- lars, sixty cents, and two-thirds of a cent. “For defraying all expenses incident to the Indian department, authorized by law, thirty-nine thousand four hundred and twenty- four dollars and seventy-one cents. - “For defraying the expenses incurred in the defensive pro- tection of the frontiers, as before recited, thirty-seven thousand three hundred and thirty-nine dollars and forty-eight cents. “Sect. 4. 2nd be it further enacted—That the several ap- propriations hereinbefore made,shall be paid and discharged out of the funds following; namely: First, out of the sum of six hundred thousand dollars, which, by the act, entitled ‘An act making pro- vision for the debt of the United States,’ is reserved yearly for the support of the government of the United States, and their common defence; and, secondly, out of such surplus as shall have accrued to the end of the present year, upon the revenues heretofore es- tablished, over and above the sums necessary for the payment of interest on the public debt, during the same year, and for satis- fying other prior appropriations.” In the Senate, this bill received the first reading on the 8th of s. Journal, December, and, on the next day, was read the second time, and P.354,355. 686 HISTORY OF CONGRESS. dred and ninety-three, together with the incidental and contin- gent expenses of the several departments and offices thereof, there be appropriated the several sums of money following; to wit:— “For compensation to the President of the United States, - - - - - $25,000 “That of the Vice-President, - - - 5,000 “Compensation to the chief justice, - - 4,000 -- CHAP. VIII. Appropriations—Estimates for 1793. 1791. #º referred to Messrs. Monroe, Sherman, Burr, Gunn, and Read. Appropria- Mr. Monroe, on the 13th, reported amendments which were ºil agreed to, and the bill was ordered to the third reading. The bill was further considered on the 14th, 15th, and 16th, and fur- s. Journal, ther amended; and, on the 19th, it was read the third time and P.356,957. Bill passed, passed, with the following amendments:— Amend- “Sect. 1, line 6. Expunge “eight,’ and insert nine.” º, * “same section, line 39. After twenty,’ insert one.” “At the end of the section, insert, - “...And be it further enacted—That the compensation to the door-keepers of the two houses, for services which have been heretofore rendered, or may be rendered in the recess of Con- gress, for the year one thousand seven hundred and ninety-two, and certified by the President of the Senate, or speaker of the House of Representatives, in manner required by law, for like services during sessions, shall be discharged out of the money hereinbefore appropriated for the contingent expenses of the two houses of Congress.” “Sect. 2, line 14. After cents,’ insert “provided that the said moneys be not paid to the said Oliver Pollock, without the consent of the agents of the court of Spain.’” House con- These amendments being sent to the House, were concurred H. Journal, Cur. in by that branch on the following day. p. 478, 2d session. The customary report of the secretary of the treasury, with 1792. Estimates estimates of the appropriations required for the service of the - for 1793. year 1793, was laid before the House of Representatives on the H.Journal, 14th of November, 1792; and, on the 22d, was committed to a p. 620,625. committee of the whole house. The estimates were the subject of consideration in committee of the whole on the 29th and 30th Id. p. 630, of November, and on the 3d, 12th, and 13th of December, when 631. 6 the following resolutions were reported, and agreed to by the ...” 636. House:— . Resolu- “Resolved—That, for defraying the expenditure of the civil i." list of the United States, for the year one thousand seven hun- - HISTORY OF CONGRESS, 687 CHAP. VIII. Apppropriations—Estimates for 1793. 1792. #$!!... “ Compensation to five associate judges, at $3,500 per SS10n. - annum, each, - - - - - - 17,500 º “ Ditto of the judges of the following districts; House. namely: “Maine, - $1,000 Pennsylvania, - 1,600 “New Hampshire, 1,000 || Delaware, - - 800 “Vermont, - - 800 Maryland, - – 1,500 “Massachusetts, - 1,200 Virginia, - - 1,800 “Rhode Island - 800 Kentucky, - - 1,000 “Connecticut, - 1,000 | North Carolina, - 1,500 “New York, - 1,500 | South Carolina, - 1,800 “New Jersey, - 1,000 || Georgia, - - 1,500 “Attorney General, 1,900. - “Members of the Senate and House of Representatives, and their Officers. “To the speaker of the House of Repre- sentatives, for his compensation to the 3d March, 1793, 119 days, at twelve dollars per day, - - – $1,428 “Also, for compensation to the speaker of * the 3d Congress, for the residuary time, so as to estimate for 6 months’ attend- ance in one year, at 12 dollars per day, 762 2, 190 “To 98 members, to 3d March, 1793, 119 days, at 6 dollars per day, - – 69,972 “For compensation to 134 members of the - 3d Congress, for the residuary time, so - - - as to estimate for 6 months’ attendance in one year, at 6 dollars, per day, each, 42,744 — 112,716. “Travelling expenses to and from the seat of government, - - - $20,000 “To the secretary of the Senate, one year's salary, - - - 1,500 “Additional allowance estimated for six months, at two dollars per day, 365 -- — 1,865 “Principal clerk to the secretary of the Se- H.Journal. nate, for same time, at three dollars per p. 639. day, - - - - 547 50 “Engrossing clerk to do., estimated do., | at two dollars do., - * * 365 “Chaplain to the Senate, estimated for same ... " time, at five hundred dollars per annum, 250 688 HISTORY OF CONGRESS, CHAP. VIII. Appropriations—Estimates for 1793. - 1792. 2d gongress. “Door-keeper to the Senate, one year’s sala- 2d Session. - ry, - - - - 500 º “Assistant door-keeper to do. do., - 450. House. “Clerk of the House of Representa- tives, for one year’s salary, 1,500 “Additional allowance, estimated for 6 months, at two dollars per day, 365 - 1,865 “Principal clerk in the office of the clerk of the House of Representatives, esti- mated for 6 months, at three dollars per day, - - - - 547 50 “Engrossing clerk, estimated for same time, at 2 dollars per day, - - 365 “Chaplain to the House of Representatives, estimated for 6 months, at 500 dollars per annum, - - - 250 “Sergeant-at-arms for same time, at 4 dol- lars per day, - - - 730 “Door-keeper of the House of Representa- tives, estimated one year’s salary, - 500 “Assistant door-keeper for do., one year's salary, - - - - 451. Whole amount, - - TT $143,591 TREASURY DEPARTMENT. “Secretary of the treasury, - - 3,500 “Two principal clerks, at 800 dollars each 1,600 “Six clerks, at 500 dollars each, - 3,000 “Messenger and office keeper, - 250 8,350 “Comptroller of the treasury, - 2,400 “Principal clerk, - - 800 “Twelve clerks, at 500 dollars each, 6,000 “Messenger and office keeper, - 250 - — 9,450 “Treasurer, - - - 2,400 “Principal clerk, - - 600 “Two clerks, at 500 dollars each, 1,000 - | “Messenger and office keeper, 100 * , — 4,100 “Commissioner of the revenue, - 1,900 - “Three clerks in the business of the revenue, &c., - - 1,500 “One do. in the business of the light- HISTORY OF CONGRESS. 689 CHAP. VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. houses, beacons, buoys, public 2d Session. piers, and stakeage, - - 500 º “Messenger and office keeper, -200 4,100 House. - 2 “Auditor of the treasury, - 1,900 “Principal clerk, - - 800 “Fifteen clerks, at 500 dollars each, 7,500 “Messenger and office keeper, - 250 - — 10,450 “Register of the treasury, - 1,750 “Three clerks on the impost, tonnage, and excise accounts, - 1,500 “Two clerks on the books and ac- counts relative to the exports, 1,000 “Two clerks on the books of receipts and expenditures of public mo- neys, at 500 dollars, - 1,000 “One do. for recording ships’ regis- ters and licenses, - - 500 “Three do. for drawing out, check- ing, issuing and taking receipts for certificates of the domestic and assumed debts, - - 1,500 “Four do. on the books of the general and particular loan offices, com- º prehending the interest accounts and unclaimed dividends at the several loan offices, – 2,000 “Seven do. on the books and records - which relate to the public credi- tors on the several descriptions of stock and transfer, - - 3,500 - “ Four do. on the books and records H. Journal, of the registered debt, including p. 640. the payment of its interest, 2,000 “Two do. to complete the arrange- ment of the public securities, in books prepared for their recep- tion in numerical order, - 1,000 “Two do. on the books of the late government, - - - 1,000 “One transcribing do. - - 500 “Two office-keepers incident to the several offices of the register, at 175 dollars, - - - 350 17,600 Vol. I.-87 690 HISTORY OF CONGRESS. CHAP.VIII. Appropriations—Estimates for 1793. 1792. 24 congress. “Two clerks, appointed to count and 2d Session. - - - - examine the old and new emis- t º sions of continental money and ns O - Hºle indents, at 500 hundred dollars, each, - - - - - “ Department of State. “The secretary of state, - - 3,500 “One chief clerk, - - 800 “Three clerks, at 500 dollars each, 1,500 “Clerk for foreign languages, - 250 “Messenger and office keeper, - 250 “ Department of War. “Secretary of the department, - 3,000 “Principal clerk, - - 800 “Six clerks, at 500 dollars each, 3,000 “Messenger and office keeper, 250 “Accountant to the war department, 1,200 “Six clerks, (one on the principal books, two on the accounts of the late army, two on the accounts of the present army, and one on the principal books of the late pay-master general and commiss sioner of army accounts) at 500 dollars each, - - - 3,000 “ Board of Commissioners for the Settlement of the Accounts between the United States and the individual States. “Three commissioners, at 2,250 dol- lars each, - - - 3,375 “One chief clerk, at 800 dollars, 400 “Eleven do. at 500 dollars each, - 2,750 “Messenger and office keeper, - 125 “Loan Officers. “For New Hampshire, - - `- “Massachusetts, “Rhode Island, “Connecticut, “New York, - - - “New Jersey, - - - - - - - - - 1,000 7,050 4,200 6,650 650 1,500 600 1,000 1,500 700 55,050 6,300 11,250 HISTORY OF CONGRESS, 691 Chap. VIII. Appropriations—Estimates for 1793. 1792. #º. “Pennsylvania, - - - 1,500 - “Delaware, - - - 600 º “Maryland, - - - 1,000 House. “Virginia, - - - 1,500 “North Carolina, - - 1,000 “South Carolina, - - 1,000 “Georgia, - - - 700 13,250 “ Government of the Western Territory. “ District north-west of the river Ohio, Go- vernor, for his salary as such, and for discharging the duties of superintendent of Indian affairs, northern department, 2,000 “The secretary of said district - - 750 “For stationary, office rent, and printing patents for land, &c. - 350 “The three judges, at 800 dollars each - 2,400 “District south-west of the river Ohio, go- H. Journal, vernor, for his salary as such, and for p. 641. discharging the duties of superintend- ent of Indian affairs, southern depart- ment, - - - - 2,000 “Secretary of said district, - - 750 “Stationary, office rent, &c. &c. - 350 “Three judges, at 800 dollars, - 2,400 “Pensions granted by the late Government:- a pension of 200 dollars per annum, pursuant to an act of Congress, of “Isaac Van Wert, “John Paulding, “David Williams, 3d November, 1780, 600 “Dominique L'Eglize, per act of Congress of 8th August, 1782, - - 120 “Joseph Traversie, per do. - - 120 “Youngest son of General Mercer, per act 8th April, 1782, - - - 400 “Youngest children of the late Major Ge- neral Warren, per act 1st July, 1780, 450 º • eract of 10th Septem- “JamesMkense, ... hension of 40 dollars J each, per annum, 120 “Elizabeth Bergen, per act of 21st August, 1781, - - - - 53 “Joseph De Beauleau, per act of 5th Au- gust, 1782, - - - - 100 “Joseph Brussels, “John Jordan, 11,000 692 HISTORY OF CONGRESS. CHAP.VIII. . Appropriations—Estimates for 1793. 1792. 26 gongress. “Richard Gridley, per acts of 17th Novem- +- ber, 1775, and 36th February, 1781, 444 40 tº “Lieutenant Colonel Tousard, per act 27th tions of º House, October, 1788, - - - 360 $2,767 73 --- - * Grant to Baron Steuben. “His annual allowance by act of Congress, $2,500 “FOR INCIDENTAL AND CONTINGENT EXPENSES RELATIVE TO THE CIVIL LIST ESTABLISHMENT. “Under this head are comprehended fire- wood, stationary, together with printing work, and all other contingent expenses of the two houses of Congress, rent, and office expenses of the three several de- partments; namely: treasury, state, and war, and of the general board of commis- sioners, “Secretary of the Senate, his esti- mate, - - - $3,000 “Clerk of the House of Representa- tives, his do. to 3d March, 1793, 4,152 “Provisionary for the 3d Congress, 2,400 9,552 12,052 “Treasury Department. “Secretary of the treasury, per estimate, 3500 “Comptroller of the treasury, per do. 600 “Treasurer, per do. 450 “Commissioner of the revenue, per do. 300 “Auditor of the treasury, per do. 600 “Register of the treasury, (including books for public stocks,) per do. 2,000 “Rent of the treasury, - - - 650 “ Do. of a house taken for a part of the office - of the register, - - - 200 “ Do. of a house for the office of the com- missioner of the revenue, and for part of the office of the comptroller, and part of the office of the register, - - 266 66 “ Do. of a house for the office of the auditor, and a small store for public papers, - 373 33 “Wood for the department, (treasurer's ex- cepted,) candles, &c. - - 1,200 — 7,139 99 HISTORY OF CONGRESS. 693 CHAP.VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. “De ariſment - 2d §. p of State Resolu- “Including the expense attending the collection of the tions of laws of the several states; for publishing the laws of House. the second session of the second Congress of the United States, and printing an edition of the same, to be distributed agreeably to law; for the collection of newspapers from the different states, and gazettes from abroad, - - - - - 1,851 67 “ Department of War. H. Journal, “Secretary of war, per estimate, - - 600 p. 642. “Accountant to the war department, - 300 - 900 “General board of commissioners, per estimate, 814 $345,816 39 “Resolved—That, for making good deficiencies for the sup- port of the civil list establishment, for aiding the fund appro- priated for the payment of certain officers of the courts, jurors, and witnesses, for the support of light-houses, and for the esta- blishment of ten cutters, and for other purposes, there be appro- priated the several sums of money following; to wit:— • For the Salaries of Certain Officers, by an ºffel making ºffl- terations in the Treasury and War Departments. “Salary of the commissioner of the revenue, from the 8th May, 1792, to 31st Decem- | - ber following, at 1900 dollars per ann. $1,238 93 “Salary of three clerks in the business of the revenue, same time, at 500 dollars per annum, each, - - - 978 09 “Do, one do. in the business of the light- - houses, beacons, buoys, public piers, and stakeage, at 500 dollars per annum, for same time, - - - 326 03 “Do. messenger, at 200 dollars per annum, for do., - - - - 130 41 “Contingent expenses for procuring desks, and other furniture, stationary, &c., 200 “Salary of the accountant to the war depart- ment, from 8th May to 31st December following, at 1200 dollars per annum, 782 46 - - º - “Do. of his clerk, from 23d July to do., at 500 dollars, - - - 220 10 “Contingent expenses for his office, - 163 33 694 HISTORY OF CONGRESS. Chap. VIII. Appropriations—Estimates for 1793. 2d Congress. 2d Session. Resolu- tions of House. “Salary of each of the two principal clerks to the secretary of the treasury, at 800 dollars per annum, each, for the same period, - - - - “ Do. of a clerk to the treasurer, from the 18th June to 31st December, 1792, at 500 dollars per annum, - - “For the increased salary of the comptroller of the treasury, from 8th May, 1792, to 31st December following, at 400 dollars per annum, - - - “For the increased salary of the auditor of the treasury, from the 8th May, 1792, to 31st December following, at 400 dol- lars per annum, - - - “Do. of the treasurer for same time, at 400 dollars, - - - - “Do. of the register, for same time, at 500 dollars, - "- - - “Do. of the attorney general, for same time, at 400 dollars - - - “Do. of the chief clerk in the department of war, same time, at 200 dollars, - 1,043 269 260 260 260 326 260 130 86 82 82 82 03 82 41 “To make good Deficiencies for the Support of the Civil List; namely:- “To the clerk of the House of Representa- tives, for amount of his estimate, 3302 “And for the pay of Bernard Webb, his principal clerk, from 1st July, to the 1st October, 1792; 92 days, at 3 dollars per day, - 276 “For so much short, estimated for the con- tingent expenses of the office of the se- cretary of state, - - - “Do. for contingent expenses of the treasury department, the payments thereof, to the 30th Sept. 1792, having exceeded the said appropriations by the sum of $1500 “Estimated amount of expenses to 31st December, 1792, - - 900 “For so much short appropriated for the of. fice of the register of the treasury, the estimate for 1792 having been for only 3578 93 2,400 34 6,852 21 1792. H. Journal, p. 643. HISTORY OF CONGRESS. 695 CHAP.VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. one office keeper, whereas, from the in- 2d Session. - - creased number of offices, and their be- º ing kept in separate houses, two office House. keepers were required, and have been employed, at 175 dolls, each, 3350 “Deduct appropriation for one, - 250 - 100 “For the salaries of the door-keepers and assistant door- keepers to the Senate and House of Representatives, under the act for their compensation, passed the 12th April, 1792:— “For the salary of the door-keeper of the Senate, from the 9th May, 1792, to the 31st December following, at 500 dollars per annum, - - $324 65 “For do., same time, for door-keeper of the House of Representatives, at 500 dolls. per annum, - - - 324 65 “For do. to the assistant door-keeper to the Senate, for the same time, at 450 per an- num, - - - - 292 19 “For do. to the assistant door-keeper to the House of Representatives, for same time, at 450 dolls. per annum, - - 292 19 “Commissioners of loans in the several states, for the salaries of their clerks and for stationary, under the act passed the 8th May, 1792:— - “By their accounts, rendered to the 31st December, 1791, an additional appropriation is requisite, of - - - - - $1,650 “From their accounts already rendered for the present year, the following sums are estimated for each office to 31st Decem- ber, 1792, the aggregate whereof is cal- culated sufficient to cover all demands to that period, namely:- “Wm. Gardner, New Hampshire, - 650 “Nathaniel Appleton, Massachusetts, - 4,781 52 “Jabez Bowen, Rhode Island, - - 1,073 24 “Wm. Imlay, Connecticut, - - 1,984 “John Cochran, New York, - - 7,577 68 “James Ewing, New Jersey, - - 500 “Thomas Smith, Pennsylvania, - 2,209 34 “James Tilton, Delaware, - - 200 “Thomas Harwood, Maryland, - - 1,013 70 3,171 34 1,233 68 696 HISTORY OF CONGRESS. CHAP. VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. 2d Session. Resolu- tions of House. “John Hopkins, Virginia, - - 3,714 56 “Wm. Skinner, North Carolina, - 844. 44 “John Neufville, South Carolina, - 1,500 “Richard Wylley, Georgia, - - 364 80 ** To extend their allowance for said ex- penses, to 1st of March, 1793, in con- formity with said act, - - 4,666 67 “Clerks of courts, jurors, witnesses, &c., the fund arising from fines, forfeitures, and penalties, having last year proved insufficient for the discharge of the accounts of clerks of courts, &c., to which they were appointed; a sum for the present year is esti- mated, in order to provide against a similar contin- gency, of - - - - - “For the maintenance and support of light-houses, bea- cons, buoys, public piers, and stakeage of channels, bars, and shoals; and for occasional improvements in the construction of the lanterns, and of the lamps and materials used therein, - - - “For the establishment of ten cutters, deficiency in the appropriation heretofore made for building and equipping ten cutters, - - - - “For the purchase of hydrometers for the use of the of ficers of the customs and inspectors of the revenue, for the year 1793, - - - $1,500 “And to make good so much short, esti- mated for 1792, - - - 610 10 “For the expenses towards the safe keeping and prose- cution of persons committed for offences against the United States, - - - - “For the payment of Robert Fenner, late agent for the North Carolina line, his commission of one per cent. on $16,905 38, paid to the officers of the said line, for their pay and subsistence, for the years 1782 and 1783, - - - - - - “For the discharge of such demands against the United States, not otherwise provided for, as shall have been ascertained and admitted, in due course of settle- ment at the treasury, and which are of a nature, according to the usage thereof, to require payment in specie, - - - - - 32,729 95 12,000 20,000 3,000 2,110 10 4,000 169 05 5,000 $90,266 33 “Resolved—That, for defraying the expenses of the war de- H. Journal, p. 644. HISTORY OF CONGRESS. 697 CHAP.VIII. Appropriations—Estimates for 1793. 1792. gºongress, partment, for the year one thousand seven hundred and ninety- *-i- three, there be appropriated the following sums; namely:— tº...”. “FOR THE PAY OF THE LEGION OF THE UNITED STATES. House. “General Staff. PER MONThis PER: YEARs “1 major general, - - - at $166 $1,992 “4 brigadier generals, - - 104 4,992 “1 major commandant of artillery, - 55 660 “1 major of dragoons, - - 55 660 “I quarter-master general, - - 100 1,200 “I pay-master, at head quarters, - 60 720 “I adjutant general, to do the duty as in- spector, - - - 75 900 “1 chaplain, - - - 50 600- “I surgeon of the staff, - - 70 840 “I deputy quarter-master, - - 50 600 “2 aides-de-camp to the major general, in ad- dition to their pay in the line, - 24 576 “4 do. one for each of the brigadiers, in ad- dition to their pay in the line, - 24 1,152 “4 brigade majors, to act as deputy inspect- ors, in addition to their pay in the line, 24 1,152 “6 surgeons' mates for the hospitals for the western and southern frontiers, – 30 2,160 “1 principal artificer, - - 40 480 ** 1 second artificer, - - - 26 312 “The first Sub-Legion. ** FIELD. ** 3 majors, - - - -- 50 1,800 ** STAFF. “1 sub-legionary pay-master, - 10 $120 “1 sub-legionary quarter-master, - 8 96 “3 battalion quarter-masters, - 8 288 “3 adjutants, - - - 10 360 “1 sub-legionary surgeon, - . - 45 540 “3 battalion surgeons’ mates, - 30 1,080 “3 sergeant majors, - - 7. 252 “3 quarter-master sergeants, - 7. 252 — 2,988 “One Company of Artillery. - “1 captain, - - - - 40 480 * 2 lieutenants, - - - 26 624 “4 sergeants, - " 6 288 “4 corporals, - - - 5 240 - “10 artificers, - - - 8 960 Wol. I.-88 698 - HISTORY OF CONGRESS. CHAP.VIII. Appropriations—Estimates for 1793. * 1792. 2d Congress. PER M0. PER: YEAR. ***— “40 privates, - - - 3 $1,440 Resolu- “2 musicians, - - - 4 96 tions of 4,128 House. “One Troop of Horse. H. Journal, “1 captain, - - - 40 480 p. 644. “I lieutenant, - - - 26 312 “I cornet, - - - - 20 240 “6 sergeants, - - - 6 432 “6 corporals, - - - 5 360 “I farrier, - - - - 8 96 “ 1 saddler, - - - 8 96 “I trumpeter, - - - 4 48 “65 dragoons, - - - 3 2,340 — 4,404 “Eight Companies of Infantry. “8 captains, - - - 40 3,840 “8 lieutenants, - - - 26 - 2,496 “8 ensigns, - - - 20 1,920 “48 sergeants, - - - 6 3,456 “48 corporals, - - - 5 2,880 “I senior musician, - - - 6 72 “15 musicians, - - - 4. 720 “648 privates, - - - 3 23,328 38,712 “Four Companies of Riflemen. “4 captains, - - - 40 1,920 “4 lieutenants, - - - 26 1,248 “4 ensigns, - - - 20 960 “24 sergeants, - - - 6 1,728 “24 corporals, - - - 5 1,440 - “4 buglers, - - - 4 192 º' “328 privates, - - - 3 11,808 19,296 $71,328 - - ſ “Amount of Pay of the Legion of the United States. “ General staff, - - - - - $18,996 - “The first sub-legion, - - - - 71,328 “The second sub-legion, to the same amount, - 71,328 “The third sub-legion, do. do. - - 71,328 - “The fourth sub-legion, do. do. - - 71,328 “SUBSISTENCE. ItATION3. RATIONS. “l major general, - at 15 per day, 5,475 “4 brigadier generals, - 12 do. 17,520 HISTORY OF CONGRESS. 699, - Chap.VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. - RATIONs. RATIONS. **— “14 majors, - - 4 do. 20,440 Resolu- “1 adjutant, - - 6 do. 2,190 i." “I pay-master at head quarters, 4 do. 1,460 “1 quarter-master, - 6 do. 2,190 - “I deputy quarter-master, - 3 do. 1,095 “1 surgeon to the staff, - 6 do. 2,190 “4 surgeons, - - 3 do. 4,380 “12 surgeons’ mates, - 2 do. 8,760 º~ “6 do. for garrisons, - 2 do. 4,380 - “1 principal artificer, - 3 do. 1,095 ** 1 second artificer, - 2 do. 730 “56 captains, - - 3 do. 61,320 “60 lieutenants, - - 2 do. 43,800 “48 ensigns, - - 2 do. 35,040 “4 cornets, - - 2 do. 2,920 214,985 rations, “Or money in lieu thereof, at the option of the - officers, at the contract price at the posts, respectively, where the rations shall be- come due. “ 240 non-commissioned and privates, artillery, ** 320 do. do. cavalry, “4,560 do. do. infantry, - “5,120 men, at 1 ration per day, 1,868,800 2,083,785 rations. “2,083,785 rations, at 15 cents per ration, - $312,567 75 “FORAGE. H. Journal, PER MonTH. p. 646. “1 major general, - - - at 320 $240 “4 brigadier generals, - - 16 768 ** 13 majors, - - - 10 1,560 “I pay-master at head quarters, – 10 120 “1 adjutant general, --- - 12 144 “I quarter-master general, - - 12 144 “1 deputy quarter-master general, - 10 120 “6 aides-de-camp, - . - - 10 720 “4 brigade majors, - - - 6 - 288 “4 adjutants, - - - 6 288 “1 surgeon to the staff, - - 12 144 “4 surgeons, - - - 10 480 “12 surgeons' mates, - - 6 864 “6 do. for the garrisons, - 6 432 700 HISTORY OF CONGRESS. CHAP. VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. ren MonTH. 2d Session. . . 4 pay-masters, - - - 6 288 . Resolº- “12 quarter-masters, - - 6 864 tions of — $7,464 House. - - - “Cavalry unprovided for in the Year 1792. - “1 major, - - - - 10 $120 “4 captains, - - - 10 480 “4 lieutenants, - - - 6 288 “4 cornets, - - - - 6 288 — 1,176 * For the Year 1793. ** 1 major, - - - - 10 120 “4 captains, - - - 10 480 “4 lieutenants, - - - 6 288 “4 cornets, - - - - 6 288 “320 non-commissioned and privates, 6 25,040 26,216 $34,856 * CLOTHING. “ 240 non-commissioned and privates, artillery, ** 320 do. do. cavalry, “4,560 do. do. infantry, “5,120 - “ 480 contingencies. “5,600 suits, at 20 dollars per suit, - - $112,000 “Equipments for Cavalry. “Boots, horsemen’s caps, and such articles as may be lost or worn, conjectural, - - - - $5,000 “Horses for Cavalry. “To replace the horses which may die, or become unfit for service, conjectural, - - - - 35,000 “BOUNTY. “To complete the number in lieu of discharged soldiers, those rendered unfit for duty, and deserters, conjec- tural, 500 soldiers, including premium, at $10 each, $5,000 “Additional Bounty, for which no Provision was made, but allowed by the Act, passed March 5th, 1792. “952 non-commissioned and privates in service, at two dol- lars, - - - - - - 1,904 “4,168 do. to be raised, being estimated in former esti- º mate, at eight dollars, including premium; the act of HISTORY OF CONGRESS. 701 CHAP.VIII. - Appropriations—Estimates for 1793. 1792. 2d Congress. 2d Session. Resolu- tions of House. - the fifth March, seventeen hundred and ninety-two, allowing ten dollars, is for the difference two dollars, “Defensive Protection of the Frontiers. “Pay, &c. of the militia and scouts, estimated at - “Hospital Department. “For medicines, instruments, furniture, and stores, for the hospital, for the garrisons and posts on the western and southern frontiers, also the pay and subsistence of a purveyor, assistants, and nurses, in the hospitals, con- jectural, - - - - - - “Quarter-Master's Department. “Pack horses and forage, tents, boats, &c.; also, the trans- portation of the recruits, ordnance, and military stores, and all the articles of the quarter-master’s department, the purchase of axes, camp-kettles, pack-saddles, iron, fuel, boards, nails, paint, company books, stationary, &c.; also, the pay and subsistence of artificers em- ployed in the said department, conjectural, - “Indian Department. “The expenses in this department amount, in the year se- venteen hundred and ninety-two, as per accounts ren- dered, to - - - - $44,207 98 “Accounts allowed, which will be shortly stated, estimated at - - - 5,500 49,707 98 “Provided for in the year 1792, - 25,000 - $24,707 98 “The surplus has been paid from the general contingencies of the war department. “The expenses of the year seventeen hundred and ninety- three, may probably amount to - - - “ORDNANCE DEPARTMENT. “For the Salaries of the Store-keepers at the several Arsenals. “Springfield, - - - Massachusetts, “Fort Rensselaer, and its dependencies, New York, “West Point, - - - - Ditto, “Philadelphia, - - - Pennsylvania, “Carlisle, - - - Ditto, * Fort Pitt, = - º Ditto, $50,000 - 8,336 - 315,240 H. Journal, p. 647. | | | - - $3480 172 480 500 60 360 702 HISTORY OF CONGRESS. CHAP. VIII, Appropriations—Estimates for 1793. 1792 93. 2d gongress. “New London, - - - Virginia, 430 2d Session. “Manchester, --- - Ditto, 50 e.” “Charleston, - - - South Carolina, 100 Hºuse. “One assistant at Springfield, - - - 240 “Two ditto, at West Point, - - - 480 “One clerk of military stores, Philadelphia, - 480 3,832 “RENTS. “Philadelphia, - - - 666 66 “New London, - - - 350 00 “Manchester, - - - 66 66 -- 1,083 32 “Labourers at the arsenals, - - 400 “Coopers, armorers, and carpenters, em- ployed occasionally, - - 600 “Ten armorers, at ten dollars per month, 1,200 “Two conductors of military stores at thir- ty dollars per month, - - 720 -- 2,920 “Five hundred rifles, purchased in seven- teen hundred and ninety-two, and not included in former estimates, 6,000 “Repairing of arms, equipments of can- non, cartridge boxes, swords, and eve- ry other article in this department, conjectural, - - - 10,000 * 23,835 32 • **INVALIDS. “For the annual allowance to the invalids of the United States, from the fifth day - of March, one thousand seven hun- dred and ninety-three, to the fourth day of March, one thousand seven hun- dred and ninety-four. “New Hampshire, - - - 3,810 68 H. Journal, “By the Circuit Court, - - 409 12 p. 648,649. --- 4,219 80 “Massachusetts, - - 11,941 75 “By the Circuit Court, - - 1,336 45 — 13,278 20 “Rhode Island, - - - 2,899 “By the Circuit Court, - - 196 —— 3,095 * Connecticut, - - - 7,682 03 “By the Circuit Court, - - - 795 80 8,477 83 HISTORY OF CONGRESS. 703 Chap. VIII. Appropriations—Estimates for 1793. 1792. 2d Congress. 2d Session. Resolu- tions of House. “Vermont, - - - - “By the Circuit Court, - - 510 64 - 510 64 “New York, - - - - 15,972 66 “New Jersey, - - - 4,094 26 “By the Circuit Court, - - 76 00 - - 4,170 26 “Pennsylvania, - - -" 16,642 64 “Delaware, - - - - 1,884 00 “Maryland, - - - - 4,328 56 “Virginia, - - - - 7,761 33 “North Carolina, - - - 886 00 “Georgia, - - - - - 1,018 40 $82,245 32 ** LEASE. “Of the buildings occupied for the use of the war office, and the office of the accountant of the war department. “The amount of the lease for the term of four years, as per indenture there- of with James Simmons, - - 1,666 66 “Contingencies of the War Department. “For maps, hiring expresses, allowances to officers for extra expenses, printing, loss of stores of all kinds, advertising and apprehending deserters, &c,. con- jectural, - - - 50,000 00 wº- “Resolved—That for making good the several and respective sums of money aforesaid, there be appropriated, “1st. The sum of six hundred thousand dollars, reserved by the act making provision for the debt of the United States. “2d. The surplus which may remain unappropriated for the use of the war department, in the year one thousand seven hun- dred and ninety-two. “3d. So much of the existing revenues of the United States, as are unappropriated.” It was then ordered, that Messrs. Lawrance, Baldwin, Jere. Smith, Steele, and Giles, prepare a bill pursuant to these resolu- tions. And on the 21st of December, Mr. Lawrance, from this H. Journal, Bill report committee, reported a bill making appropriations for the support P. 651. ed. [H. B.206.] of government, for the year one thousand seven hundred and 704 HISTORY OF CONGRESS, º º CHAP. VIII. Appropriations. 1792. #gº." ninety-three, which was read the first and second time, and com- ession. - - mitted to a committee of the whole house. The bill was taken up for consideration in committee on the 31st, and the committee H. Journal, having risen without coming to any conclusion, it was ordered P. 658. that they be discharged from the further consideration of the bill, and it was recommitted to the original committee. On the 7th Amenda of January, 1793, Mr. Lawrance reported an amendatory bill, Id, p. 663. tory bill. - - - [H.B.216.] which was then read the first and second time, committed to a committee of the whole, considered in committee, and reported without amendment. Having been amended on the following day, the bill was ordered to be engrossed and read the third time; and on the 9th, the blanks were filled up, and the bill was Id, p. 665. º passed read the third time, and passed, and was then sent to the Senate ** for their concurrence. In the Senate, the bill received the first reading on the same s. Journal, day; and, on the 10th, it was read the second time, and referred P. * to Messrs. Izard, Strong, and Taylor. Mr. Izard made a report from this committee on the 15th, and the bill was amended to Id. p. 471. conform to the report. The bill was taken up again for conside- ration on the 21st, 22d, and 23d, on the last named of which days, Id, p.473, it was agreed to postpone its further consideration: it was after- 474. wards considered and discussed on the 24th, and on the 8th, 9th, Id. p. 482, and 19th of February. These delays in the action of the Se- 493.4% nate on this bill, were for the purpose of obtaining fiscal infor- mation from the secretary of the treasury, the character of which may be seen by reference to our 677th page. On the 19th it was agreed to amend the third section, so as to read as fol- lows:— Billamend. “Sect. 3. And be it further enacted—That the President of the ...” * United States be authorized to borrow, on account of the said states, any sum or sums, not exceeding, in the whole, eight hun- dred thousand dollars, at a rate of interest not exceeding five per cent. per annum, and reimbursable at the pleasure of the United States, to be applied for the purposes aforesaid, and to be repaid out of the said surplus of the duties on imposts and ton- nage, to the end of the present year, 1793; and that it shall be lawful for the Bank of the United States to lend the said sum. And the President of the United States shall cause so much of the loan made of the Bank of the United States, pursuant to the 11th section of the act by which it is incorporated, to be paid off in sums not less than fifty thousand dollars, as, in his opinion, the state of the treasury may, from time to time, admit, out of any moneys which may be in the treasury, having due re- * HISTORY OF CONGRESS. CHAP. VIII. Appropriations. 2d Congress. 2d Session. Bill passed by Senate. gard to the exigencies of government, and the appropriations made, and to be made by law.” - The question being taken on agreeing to the section, as amended, it was decided in the affirmative, by the following vote:— - Yeas—Messrs. Bassett, Bradley, Burr, Cabot, Dickinson, Ells- worth, Foster, Gunn, Johnston, Izard, King, Langdon, Morris, Read, Rutherford, Sherman, Stanton, Strong, Wingate—19. JWays—Messrs. Brown, Butler, Edwards, Few, Hawkins, Hen- ry, Monroe, Robinson, Taylor.—9. - - The bill was then ordered to the third reading; and, on the 20th, it was read the third time, and passed. The House of Representatives proceeded, on the 22d, to con- sider the amendments of the Senate, when it was resolved to concur in the first, second, third, and fourth amendments to the first section: and the fifth amendment to the same section was then taken up as follows:– - “Limes 137, to 151. Strike out from the ‘For,” to the word * dollars,’ inclusive, and insert: “For defraying the expenses of the department of war, in- cluding the pay, subsistence, forage, and clothing, of the troops authorized by law, the equipments and horses for cavalry, the hospital and quarter-master's department, the defensive protec- tion of the frontiers, and the payment of bounties, nine hundred and sixty-three thousand nine hundred and seventy-one dollars and seventy-five cents. “For every contingent expense in the war department, in- cluding maps, hiring expresses, allowance to officers, for extra expenses, printing, loss of stores, advertising and apprehending deserters, thirty thousand dollars.” The question being taken on agreeing to this amendment, it was decided in the negative, by the following vote:– Ayes–Messrs. Ames, Benson, Boudinot, S. Bourne, B. Bourne, Dayton, Gerry, Gilman, Goodhue, Gordon, Greenup, Gregg, Hillhouse, Huger, Lawrance, Learned, Leonard, Livermore, Mil- ledge, Niles, Parker, Schoonmaker, Sedgwick, Jere. Smith, I. Smith, Wm. Smith, Thatcher, Wadsworth, Ward, Willis.-30. JVoes–Messrs. Ashe, Baldwin, Barnwell, Clarke, Findley, Fitzsimons, Giles, Griffin, Grove, Hartley, Hindman, Key, Kit- chell, Lee, Macon, Madison, Mercer, Moore, Muhlenberg, Mur- WoL. I.-89 H. Journal, p.714,715. 706 HISTORY OF CONGRESS. CHAP. VIII. Appropriations. ; gº ray, Orr, Page, Silvester, Steele, Sterrett, Sumpter, Tredwell, - Tucker, Venable, White, Williamson.—31. The amendment was, consequently, disagreed to. On the fol- H. Journal, lowing day, the House proceeded to consider the amendment of p.716,717. the Senate to the third section, which has already been given; and, on the question to agree to the said amendment, being taken, it was decided in the affirmative, by the following vote:– - Ayes–Messrs. Ames, Barnwell, Benson, Boudinot, S. Bourne, B. Bourne, Clarke, Gerry, Gilman, Goodhue, Gordon, Greenup, Hartley, Hillhouse, Hindman, Huger, Key, Kitchell, Lawrance, Learned, Leonard, Livermore, Niles, Sedgwick, Silvester, Jere. Smith, Wm. Smith, Steele, Sterrett, Sturges, Thatcher, Wads- worth, Ward, Williamson.—34. JVoes—Messrs. Ashe, Baldwin, Dayton, Findley, Fitzsimons, Giles, Gregg, Grove, Heister, Lee, Macon, Madison, Mercer, Moore, Murray, Orr, Page, Parker, I. Smith, Sumpter, Tredwell, Tucker, Wenable, White, Willis.-25. On the 25th, the Senate reconsidered their fifth amendment, S. Journal, which had been disagreed to by the House of Representatives, P. * Bill passed, and determined to recede from the same. So the bill was passed. - HISTORY OF CONGRESS. CHAP. IX. Miscellaneous–Copy-rights, 1st Congress. 1st Session. Copy- RIGHTS. PETITION • OF DAVID RAMSAY, Bill report- ed, [H, B, 10.] (CHA PTE R HX. º Copy-rights—Petition of D. Ramsay—Bill to increase Penalties—Petition of John Churchman, concerning Magnetic Needle—Proceedings thereon—Useful Arts —Petitions of Read and Stevens, and Francis Bailey—Bill granting exclusive Privileges—Bill to amend—Petition of John Fitch—Naturalization—Eques- trian Statue of Washington—Memorial of Ceracchi—Memorial of Quakers con- cerning Abolition of Slavery—Proceedings thereon—Death of Franklin–Co- pies of French Eulogium—Communication of the Death of the Dauphin of France—Letter from the King of France, announcing that he had accepted the Constitution—Reply of Congress–Proceedings on the Claim of John Brown Cutting. Soon after the assembling of the first Congress, the subject of H. Journal, copy-rights was brought before the House of Representatives. On the 15th of April, 1789, a petition was presented from David Ramsay, of South Carolina, setting forth that he had, at a great expense of time and money, published a book entitled “The His- tory of the Revolution of South Carolina, from a British Pro- vince to an independent State;” that he had also prepared ano- ther book, under the title of the “History of the American Re- volution;” and praying for the passage of a law for securing to him, his heirs, and assigns, for a certain term of years, the sole and exclusive right of vending and disposing of the said books within the United States. º This petition was referred to Messrs. Tucker, White, and Hun- tington. On the 20th of April, Mr. Tucker reported the follow- ing opinion:— - “On the subject of the petition of Dr. David Ramsay, your committee report it as their opinion, that a law should pass, to secure to him the exclusive right of publishing and vending, for a terra of years, the two works mentioned in the petition.” Messrs. Huntington, Cadwalader, and Contee, were then ap- pointed a committee to bring in a bill “making a general provi- sion for securing to authors and inventors the exclusive right of their respective writings and discoveries;” and, on the 23d of June, Mr. Huntington, from this committee, presented a bill to promote the progress of science and useful arts, by securing to authors and inventors the exclusive right to their respective wri- tings and discoveries, which was then read the first time, and, on p. 14. Id, p. 52. Id. p. 18, 708 - HISTORY OF CONGRESS. -- CHAP. IX. Miscellaneous–Copy-rights. #gº." the next day, received the second reading, and was committed to ** a committee of the whole house. The consideration of the bill Postponed. was postponed from day to day, until the 17th of August, when it was further postponed until the next session of Congress. 2d Session. At the next session, on the 25th of January, 1790, Messrs. New com. Burke, Huntington, and Cadwalader, were again appointed a * committee to prepare and bring in a bill for the above object. Bill report. And, on the 28th, Mr. Burke, from this committee, presented a ed. bill for securing the copy-right of books to authors and proprie- [H. B. 39.] tors, which was then read the first time, and the House adopted the following order:- “ Ordered—That it be an instruction to the committee ap- pointed to prepare and bring in a bill, or bills, for securing to authors and inventors an exclusive right to their respective wri- tings and discoveries, that they do insert a clause, or clauses, for giving effectual encouragement to the introduction of useful arts from foreign countries.” - A petition of Francis Bailey, of Philadelphia, printer, pray- ing an exclusive privilege for an invention to prevent printed papers from being counterfeited, was presented on the 29th, and referred to this committee. Amenda. The copy-right bill was considered in committee of the whole tory bill on the 1st of February, and was reported with amendments, [H. B. 43.] which were agreed to, and the bill was then ordered to be en- - grossed for the third reading. And, on the 2d, the bill was re- committed to Messrs. Boudinot, Sherman, and Silvester. Mr. Boudinot, on the 25th, from this committee, reported an amend- atory bill “for the encouragement of learning, by securing the - copies of maps, charts, books, and other writings, to the authors and proprietors of such copies, during the times therein men- the whole house. In committee of the whole the bill was con- sidered on the 29th of April, when several amendments were reported, which were agreed to by the House, and the bill was Bill passed then ordered to be engrossed for the third reading. On the ſol- by House, lowing day, the bill was read the third time, and passed. In the Senate, this bill received the first reading on the same day, and, on the 4th of May, was read the second time, and committed to Messrs. Read, Paterson, and Johnson. Mr. Read, on the 12th, reported amendments, which were accepted by the H. Journal, p. 80. 1790. H. Journal, p. 146. Id. p. 150. Id. p. 163. ld p. 164 - -- - - - * tioned,” which was read the first time; and, on the next day, re-ºr ceived the second reading, and was committed to a committee of Id. p. 205, 206, S. Journal, p. 135,137. 140. HISTORY OF CONGRESS. 709 Chap. IX. Miscellaneous-Copy-rights. 1790. lºgongress. Senate on the 13th; and, on the following day, the bill was read 2d Session. - - Bill passedpassed the third time, and passed, as amended. The House of Repre- H. Journal, by senate. sentatives, on the 17th, concurred in these amendments. p. 217. assion. At the third session, on the 28th of January, 1791, the House 1791. of Representatives passed an order, in the following terms:— H. Journal, --- - - - - - - , 366. Bill to in- “Ordered—That a bill, or bills, be brought in, to increase p .." the penalties provided by the act for the encouragement of learn- ing, &c., so far as the said penalties apply to maps and charts, and to books of calculations; and that Mr. Huntington, Mr. Ma- dison, and Mr. Heister, do prepare and bring in the same.” On the 9th of February, Mr. Huntington, from this commit- Id. p. 373. [H.B.123.] tee, presented a bill “for increasing the penalty contained in an act passed the second session of Congress, entitled ‘An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned,’” which was then read the first time; and, on the following day, was read the second time, Id, p.374. and committed to a committee of the whole house. There ap- pears to have been no further action on this bill. —º- #gº ANOTHER bill, on this subject, was reported to the House of 1789. * Representatives in the first session of the second Congress; but H. Journal, as this bill was induced by the memorial of an individual, it P. * will be necessary to advert to his previous applications to the House. -- * - petitions. As early as the 15th of April, 1789, was presented to the of John House the petition of John Churchman, setting forth that, by º several years’ labour, close application, and at great expense, he had invented several different methods by which the principles of magnetic variations are so explained, that the latitude of a place being given, its longitude may be easily determined; and praying that a law might pass for vesting, in the petitioner, his heirs and assigns, an exclusive right of vending of spheres, he- mispheres, maps, charts, and tables, on his principles of magne- tism, throughout the United States; as also, that he might re- ceive the patronage of Congress to enable him to perform a voyage to Baffin's Bay, for the purpose of making magnetical experiments to ascertain the causes of the variation of the needle, and how near the longitude might be thereby ascertained. This petition was referred to Messrs. Tucker, White, and 710 HISTORY OF CONGRESS. CHAP. DK. Miscellaneous–Copy-rights. 1789. #gº. Huntington. On the 20th, Mr. Tucker made a report from this H. Journal, * committee, which produced some debate, in which Mr. Madi- P. 18. * son, Mr. White, Mr. Burke, Mr. Page, Mr. Huntington, Mr. cº". Sherman, and Mr. Tucker, took part. The question was then Yºl. i. p. - 99–101. taken on the first clause, as follows:– 9 “That the committee have conferred with Mr. Churchman, and find that he has made many calculations which tend to esta- blish his position, that there are two magnetic points which give direction to the needle: that, upon this doctrine, he has endea- voured to ascertain from a given latitude, and a given variation, what must be the longitude of the place; and having applied his principles to many instances in Cook’s voyages, has found the result to correspond with considerable accuracy with the real facts, as far as they could be determined by the reckoning of the ship. That the object to which Mr. Churchman’s labours are directed, is confessedly of very high importance, and his ideas on the subject appear to be ingenious. That, with a view of ap- plying them to practice, he has contrived a map and a globe, whereby to show the angles which are made by the intersection of the real and the magnetic meridians in different parts of the earth: That he is also engaged in constructing tables for deter- mining the longitude at sea upon magnetic principles: That the committee are of opinion that such efforts deserve encourage- ment, and that a law should pass to secure to Mr. Churchman, for a term of years, the exclusive pecuniary emolument to be de- rived from the publication of these several inventions.” And the House determined to agree to this clause of the re- port. The second clause is as follows:– - “With respect to the voyage proposed by Mr. Churchman to º Baffin's Bay, the committee are cautious of recommending, in the present deranged state of our finances, a precipitate adoption of - a measure which would be attended with considerable expense; but they are of opinion, that at a future day, if Mr. Church- man's principles should be found to succeed in practice, it would be proper to give further encouragement to his ingenuity.” Not acted This clause being considered, it was determined that it should On. lie on the table. The remaining clause of the report refers to Dr. Ramsay’s petition. - 3d session. On the 16th of December, 1790, being the third session, a pe. 1790. Chºir tition was again presented to the House, from John Churchman, H. Journal, MAN cº ºpe. praying that the application he made at the first session of Con- p. 338. £ition. - HISTORY OF CONGRESS. 711 - Chap. EX. Miscellaneous–Copy-rights–Churchman's Theory. 1790–91. 1st congress, gress, for permission to undertake a voyage to Baffin's Bay, at the 3d Session. public expense, for the purpose of making magnetical experi- ments to ascertain the causes of the variation of the needle, and how near the longitude can be thereby ascertained, may now be determined. And on the 23d, this petition was referred to H. Journal, Messrs. Huntington, Madison, and Heister. Mr. Madison made P. 341. a report from this committee on the 6th of January, which was Id, p. 350. taken up for consideration on the 28th, when a motion was made, * in the following words:– - “That the petition of the said John Churchman be complied with, so far as to enable him to make a voyage to Baffin's Bay, for ascertaining his discoveries relating to the magnetic circles.” The question being put on this motion, it was determined in Rejected, the negative. -º- 2. Congress. MR. CHURCHMAN again presented his petition to the House, at 1791–92. *— the first session of the second Congress, on the 30th of Decem- H. Journal, º ber, 1791; and on the 6th of January following, it was referred p.483.489, third peti- to Messrs. Page, Wadsworth, and Wayne. With the prayer for tion. aid to undertake the voyage to Baffin's Bay, this petition con- nected another for an increase of the penalties imposed by the act, entitled “An act to promote the progress of useful arts.” On the 1st of February, Mr. Page made a report from this com- Id. p. 500. 524. mittee, which, on the 29th, was taken up, and agreed to, as ſol- lows:– - “That the said Churchman having pursued his inquiries into his theory of the variation of the magnetic needle, has found a number of observations, made in different parts of the world, which confirm his hypothesis; that, animated by this circum- stance, and applauded for his ingenuity by several learned so- cieties in Europe, which have looked up to him for the prosecu- tion of his plan for establishing the truth of his theory, he has been emboldened to ask again the aid of the general government of the United States, to enable him to gratiſy the expectations of the philosophical world, and to put his theory to an immediate and the strictest scrutiny. The committee are free to declare it, as their opinion, that Mr. Churchman's ingenuity, displayed in proposing and supporting his theory, and his labours in prose- cuting his examination thereof, entitle him to the applause of the enlightened world, and to the encouragement and support of his country. And, it is the opinion of the committee that, as a more perfect knowledge of the laws of magnetism, and the va- riation of the magnetic needle, is greatly to be desired, as it 712 HISTORY OF CONGRESS. * CHAP. IX. Miscellaneous—Copy-rights–Churchman's Theory—Useful Arts. 1792. #º. would furnish a ready means of adjusting and preventing dis- * putes respecting the boundaries of ancient surveys of land, and of correcting many inaccuracies in geographical charts, and in the journals of the courses and distances run by vessels at sea, every possible encouragement ought to be given to all persons who, by their theories, confirmed by observations, contribute to- wards the perfecting this desirable knowledge; and that, as the United States are peculiarly interested in whatever can adjust or prevent disputes between their citizens, and can improve geo- graphy and navigation, “the Congress of the United States may, with great propriety, patronise such a person as Mr. Churchman, and grant him such aid as may be necessary to enable him to prosecute his laudable inquiries to good effect; but the commit- tee submit it to the wisdom of the House, to say whether, in the present circumstances of the United States, such grant shall now be made. As to that part of the memorial which states that, in the act for the encouragement of learning, by securing the copies of maps, charts, and books, to their authors and proprietors, the penalty annexed to the offences of copying such maps and charts was too small, and by no means adequate to the offence, and praying for an act to amend the same; the committee are of opi- nion that the prayer of the memorialist is reasonable, and that the copy-right of maps, charts, tables, and prints, ought to be se- cured to their respective authors, or their assigns, by greater pe- nalties than those declared in the act aforesaid.” It was then ordered that Messrs. Page, Goodhue, and Gregg, prepare and bring in a bill, or bills, pursuant to this report. Mr. - A [H.B.170.] Page, accordingly, on the 7th of March, presented a bill “to H. Journal, amend the act entitled ‘An act for the encouragement of learn- p. 530. º - ing, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein - [H.B.171.] mentioned.” Also, a bill to enable John Churchman to prosecute certain observations and discoveries relative to the northern mag- netic point.” Both these bills were then read the first time, and, on the ſol- lowing day, were read the second time, and committed to a com- \ Not acted mittee of the whole. But there was no subsequent aſtion on - Orls either of these bills, during this Congress, –º- lºgongress. IN connexion with the preceding subjects, may be introduced 1790. 2d Session. - - - –" † the legislation concerning useful arts. H. Journal, ARTs, . 154 On the 8th of February, 1790, a petition was presented to the p HISTORY OF CONGRESS. 713 CHAP. IX. Miscellaneous–Useful Arts. 1790. 1st Congress. 2d Session. Petitions of NATHAN READ and John STEVEN's, jr., for ex- clusive pri. vileges. [H. B. 41.] Passed by House. Amended and passed by Senate. Petition of FRANCIs BAILEY. House of Representatives, from Nathan Read of Salem, Massa- chusetts, praying the aid of Congress, and an exclusive privilege for constructing sundry machines and engines, which he has in- vented for improving the art of distillation, for facilitating the operation of mills and other water works, and for promoting the purposes of navigation and land carriage. At the same time, was presented the petition of John Stevens, jr., praying that an exclusive privilege may be granted him, for an improvement on the steam engine, which he had invented, by a new mode of ge- nerating steam. These petitions were referred to Messrs. Burke, Huntington, and Cadwalader. On the 16th, Mr. Burke, from Id. p. 154. this committee presented a bill, “to promote the progress of * useful arts,” which was then read the first time; and, on the next day, received the second reading, and was committed to a com- mittee of the whole. The bill received the consideration of the committee on the 4th and 5th of March, when several amend- Id. p. 167, ments were reported, and agreed to by the House; after which 168. the bill was ordered to be engrossed for the third reading; and, on Id. p. 169. the 10th, the blanks having been supplied, the bill was read the 17°. third time and passed. In the Senate, this bill was read the first time on the 11th of s. Journal, March, and, on the 15th, the bill was again taken up, on the Pº, 120. question of the second reading, and committed to Messrs. Car- roll, Johnson, Few, Maclay, and Paterson. Mr. Carroll made a report on the 29th, in pursuance of which the bill was amended, id. p. 124, and was passed on the next day with twelve amendments. On º the 3d of April, the House of Representatives proceeded to con- H. Journal, sider these amendments, when the whole of them were concurred P.187,188. in, with the exception of the tenth amendment, which was disa- greed to; and on the 5th, the Senate receded from their tenth S. Journal, amendment. - p. 128. These amendments appear to have embraced the case of Fran- cis Bailey, of which the following is a summary statement. On the 29th of January, a petition was presented to the House H.Journal, from Francis Bailey of Philadelphia, printer, praying for an ex- P. * clusive privilege, in the use of an invention which he had disco- vered, of forming types for printing devices to surround or make parts of printed papers for any purpose, which cannot be coun- terfeited. This petition, as stated in a preceding page, (708,) was referred to Messrs. Burke, Huntington, and Cadwalader. On the 3d of February, Mr. Burke reported as follows:– !. p. 151, 52. “That Mr. Bailey hath communicated to the committee his Wol. I.-90 71.4 HISTORY OF CONGRESS. CHAP. IX. Miscellaneous—Useful Arts. 1790–91. 1st Congress. 2d Session. invention or device to prevent the counterfeiting of public pa- pers, which the committee are of opinion will be of great im- portance to the public, and therefore recommend that the said petition be referred to the secretary of the treasury to report thereon.” The report was agreed to, and the petition was referred to the secretary of the treasury from whom a report was received on the 23d, which was taken up for consideration on the 26th, when H. Journal, it was ordered that Messrs. Boudinot, Sedgwick, and White, pre-P.1°.4% pare a bill for securing to the said Francis Bailey an exclusive privilege to the use of his invention. On the same day, Mr. - [H. B. 44.] Boudinot, from this committee, presented a bill “to vest in Fran- - Attached to bill to promote the pro- gress of useful arts. 3d Session. 13ill to a- mend for- mer bill. [H.B.121.] cis Bailey, the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and im- pressing marks on plates, or any other substance, to prevent coun- terfeits, upon a principle by him invented, for a term of years,” which was then read the first time, and, on the two next suc-1d. p. 165. ceeding days, was read the second and third time, and passed. - In the Senate this bill was read the first and second time, on S. Journal, the 2d and 3d of March, and was committed to Messrs. Strong, P. 117. Ellsworth, Hawkins, Few, and Henry. On the receipt, from Id. p. 120. the House of Representatives, of the bill to promote the progress of useful arts, this bill concerning Mr. Bailey, was referred to the committee to whom had been given the charge of the gene- ral bill; and when Mr. Carroll reported this last-mentioned bill, Id. p. 124. the object of Bailey’s application was engrossed as an amend- ment on the bill to promote the progress of useful arts. At the next session of Congress, on the 9th of December, 1790, Id. p. 333. the House of Representatives ordered, that Messrs. White, Se, 87° ney, and Baldwin, be a committee to prepare and bring in a bill, or bills, to amend the act, entitled “An act to promote the pro- gress of useful arts.” On the 7th of February following, Mr. White, from this committee, presented a bill with the foregoing title, which was then read, and, on the next day, received the se- cond reading, and was committed to a committee of the whole. A petition and remonstrance of John Fitch was presented on Id. p.374. Bill not the 10th, complaining of the injurious operation of this depend- acted on. 2d Congress. 1st Session. ing bill. The bill was not again taken up during the session. - —º- - A committee was again appointed by the House of Repre-Id, P-4* sentatives, at the commencement of the second Congress, on the HISTORY OF CONGRESS. - 715 CHAP. IX. Miscellaneous–Useful Arts. 1791–92. #º. 28th of October, 1791, consisting of Messrs. Williamson, Sedg- ~. wick, and Hillhouse, charged with the preparation of a bill to Bill to a: - meni for amend the act entitled “An act to promote the progress of use- merbill ful arts.” Mr. Williamson, on the first of March, 1792, pre- [H.B.166.] sented, from this committee, a bill, to amend an act, entitled “An act to promote the progress of useful arts;” which was H. Journal, then read, and, on the 2d, was read the second time, and com- P. * Notacted mitted to a committee of the whole. This bill was not further Oll. acted on. 2d Session. At the commencement of the second session of this Congress, Bill to a on the 7th of November, 1792, a petition was presented to the Id. p. 614, .* House of Representatives, from Joseph Barnes, attorney in fact ". for James Rumsey, praying a revision and amendment of the act, entitled “An act to promote the progress of useful arts;” which petition was, on the following day, referred to Messrs. Williamson, Sturges, and Lee. Mr. Williamson, on the 10th of Id. p. 636. [H.B.204.] December, presented, from this committee, a bill, “to amend an act, entitled ‘An act to promote the progress of useful arts;’” which was then read the first and second time, and committed to a committee of the whole house. This bill was considered Id. p. 685 in committee of the whole, on the 29th, 30th, and 31st of Janu- ~ * ary, 1793, when several amendments were reported. These 1793. amendments were agreed to, and the bill was ordered to be en- T grossed on the 1st of February, and, on the 4th, the blanks were H. Journal, filled up, and the bill was passed, with the title “An act to pro- Pºº. mote the progress of useful arts, and to repeal the act hereto- fore made for that purpose.” This bill was read the first and second time in the Senate, on s. Journal, the 5th and 7th of February, when it was committed to Messrs. p.480,481. Few, Bradley, and Johnston. On the 14th, Mr. Few reported Id. p. 486, the bill with amendments, which were adopted, and the bill was 497. amended accordingly, and ordered to the third reading. And, Bill passed, on the next day, the bill was passed, in its amended form, and re- turned to the House for concurrence. - - The House of Representatives, on the same day, concurred H. Journal, in the amendments. p. 704. -º- #ºs. On the 13th of May, 1789, a petition was presented to the 1789. . House of Representatives from John Fitch, of the state of Penn- H. Journal, . of sylvania, stating that he is the original discoverer of the princi- P. 34. *** ple of applying the power of steam to the purposes of naviga- tion, and had obtained an exclusive right therein, for a term of 716 HISTORY OF CONGRESS. CHAP. IX. Miscellaneous—Naturalization. 1789. 1st gongress, years, in the states of Virginia, Delaware, Pennsylvania, New 1st Session. - - - - Jersey, and New York, and praying that his rights might be se- : . * cured to him by law, and in such manner, upon the true princi- ples of priority of invention, as would preclude subsequent im- provers upon his principle from participating therein, until the expiration of the term of his exclusive grants.” This petition was referred to Messrs. Huntington, Cadwalader, and Contee, for their examination and opinion; but no distinct report appears to have been made on it. On the 22d of March, 1790, a petition of this same individual S. Journal, was presented to the Senate, praying that a clause, providing for P. 122, the trial by jury, might be inserted in the bill before Congress, “to promote the progress of useful arts,” which petition was re- Id. p. 123, ferred to the committee having the bill in charge, and a report º was made by the committee, in the form of an amendment to the bill. Other petitions were presented by Mr. Fitch, at different times; Id. p. 173. but, as they were not made the subjects of legislative provisions, H. Journal, it is not deemed expedient to be more specific concerning them. P. * assion. In his speech, at the opening of the second session of the first 1790. Naruhati- Congress, the President of the United States, thus adverted to * the expediency of adopting some mode of naturalization:- “Various considerations, also, render it expedient that the terms H. Journal, on which foreigners may be admitted to the rights of citizens, P. 135. should be speedily ascertained by a uniform rule of naturaliza- tion.” The committee of the whole on the state of the Union, to whom the speech of the President was referred, having acquiesced, by their resolution, in the above suggestion, a committee was ap- pointed, on the 15th of January, 1790, consisting of Messrs. Id. p. 141. Hartley, Tucker, and Moore, to prepare and bring in a bill or bills “for establishing a uniform rule of naturalization.” Mr. [H. B. 37.] Hartley, on the 25th, presented a bill “establishing a uniform Id. p. 146. rule of naturalization,” which was then read, and, on the next day, received the second reading, and was committed to a com- mittee of the whole house. The bill was considered in commit- tee on the 3d and 4th of February, when the committee were Id. p. 152. discharged from the further consideration of the bill, and it was recommitted to Messrs. Livermore, Sedgwick, Sherman, Law- rance, Schureman, Hartley, Seney, Moore, Tucker, and Jack- Amenda son. On the 16th, Mr. Livermore, from this committee, re- Id, p 1% toy bill ported an amendatory bill “to establish a uniform rule of natu- | HISTORY OF CONGRESS, - 717 CHAP. IX. Miscellaneous–Naturalization—Statue of Washington. 1790. 1st Congress. 2d Session. - [H. B. 40.] Bill passed. Bill passed by Senate. 2d Congress. 1st Session. Equestrian Statue of General Washing- ton, Memorial of Cerac- chi. ralization, and to enable aliens to hold lands under certain re- strictions,” which was then read, and, on the next day, received the second reading and was committed to a committee of the whole house. The bill was taken up, considered and discussed in committee of the whole, during the 23d, 24th, and 26th of Feb- H. Journal, ruary, and, on the 3d of March, when several amendments were P., 43- - - 164. 167. reported, which were agreed to by the House, and the bill was then ordered to be engrossed for the third reading, and on the succeeding day, the bill was read the third time and passed. The bill received the first reading in the Senate on the same s. Journal, day, and the question of the second reading occupied the 8th P.117,119. and 9th, when the bill was referred to Messrs. Henry, King, Strong, Ellsworth, and Johnson. Mr. Henry made a report from this committee on the 12th, and the Senate had the report under consideration and discussion on the 15th, 16th, 17th, and Id. p. 120. 18th, when the bill was ordered to the third reading, and, on the * 19th, the bill was passed with an amendment, which was sent to the House of Representatives for concurrence. * . And, on the 22d, the House concurred in the amendment. H. Journal, p. 178. -º- ON the 6th of December, 1791, the following motion was sub- 1791–92. mitted to, and adopted by, the House of Representatives:– H. Journal, “Resolved—That Mr. Benson, Mr. Gerry, and Mr. Smith," 468. of South Carolina, be appointed a committee, on the part of this House, jointly with such committee as shall be appointed on the part of the Senate, to consider and report to Congress the most eligible manner for carrying into effect the resolution of the United States, in Congress assembled, of the 7th of August, one thousand seven hundred and eighty-three, directing that an equestrian statue of General Washington should be erected.” This resolution was then sent to the Senate for concurrence, S. Journal, where, after being read, its consideration was postponed until p. 349. the morrow; but the subject was not resumed. A memorial was presented to the House of Representatives, H. Journal, on the 31st of October, 1791, from Joseph Ceracchi, a Roman P. 444. sculptor, proposing to execute a monument to perpetuate Ame- rican liberty. This petition was, on the 11th of April, 1792, Id. p. 574. referred to Messrs. Gerry, Benson, Lee, Murray, and Tucker. 579. Mr. Gerry, from this committee, made a report, on the 17th; Id, p. 602, and, on the 7th of May, Mr. Lee made the following report, which was agreed to by the House. 718 HISTORY OF CONGRESS. CHAP. IX. - Miscellaneous–Abolition of Slavery. 1792. #º. “ It appears to your committee, that M. Ceracchi is an artist - of great reputation in Europe, a gentleman of respectable charac- ter, and has been actuated by the most honourable motives in of- fering to dedicate his genius and labours to the service of the United States. “It appears, however, to your committee, that, at the present time, it might not be expedient to go into the expenses which the monument voted by Congress, on the 7th day of August, one thousand seven hundred and eighty-three, would require, especially with the additional ornaments proposed by the ar- tist.” -Q- / º: THE question of the abolition of slavery was introduced at 1790. *— the second session of the first Congress. On the 12th of Febru- H. Journal, Abortion ary, 1790, a memorial from the Pennsylvania Society for pro- P. 157. OF * moting the Abolition of Slavery, was presented to the House of Representatives, praying that Congress might take such measures in their wisdom, as the powers with which they are vested will authorize, for promoting the abolition of slavery, and discou- raging every species of traffic in slaves. Memorials On the preceding day, memorials of the people called Quakers, * at their annual meetings, held at Philadelphia and New York, in the year 1789, were presented to the House and read, pray- ing the attention of Congress in adopting measures for the aboli- tion of the slave trade; and, in particular, in restraining vessels from being entered and cleared out for the purposes of that trade. It was now moved that the memorial of the meeting at Phi- ladelphia be referred to the consideration of a committee; and the question being taken, it was decided in the affirmative, by the following vote:– ºffyes–Messrs. Ames, Benson, Boudinot, Brown, Cadwala- H. Journal, der, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, P. 158. Goodhue, Griffin, Grout, Hartley, Hathorn, Heister, Hunting- ton, Lawrance, Lee, Leonard, Livermore, Madison, jr., Moore, Muhlenberg, Page, Parker, Partridge, Van Rensselaer, Schure- man, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith, of Maryland, Sturges, Thatcher, Trumbull, Wadsworth, White, Wynkoop.–43. - - Moes—Messrs. Baldwin, Bland, Burke, Coles, Huger, Jack- son, Mathews, Silvester, Smith, of South Carolina, Stone, Tucker.—11. The memorial was then referred to Messrs. Foster, Hunting- HISTORY OF CONGRESS. 719 Ch.A.P. IX. Miscellaneous—Abolition of Slavery. 1790. º ton, Gerry, Lawrance, Sinnickson, Hartley, and Parker. And Referred it was further ordered, that the memorial of the annual meet- to special ing at New York, as well as that of the Pennsylvania Society for * promoting the Abolition of Slavery, be referred to the same Reported committee. Mr. Foster made a report from this committee on committed the 5th of March, which was, on the 8th, referred to a commit- H. Journal, to commit tee of the whole house. In committee of the whole, the report P*71. º: * was considered and discussed during the 16th, 17th, 18th, 19th, Id.p.176— and 22d, when several amendments were reported to the House. 179. On the 23d, a motion was made to consider the amendments made Amended in committee of the whole to the report of the committee, and de- cided in the affirmative: ayes, 26; noes, 25. The report was then taken up for consideration. It was then moved that both the re-Id, p. 180. port of the original committee, and the report of the committee of the whole, of amendments to the said report, be inserted in the Journal. And the question being taken on this motion, it was decided in the affirmative, by the following vote:— Jºyes–Messrs. Boudinot, Brown, Cadwalader, Contee, Floyd, Foster, Gerry, Gilman, Goodhue, Griffin, Hartley, Hathorn, Heister, Huntington, Lawrance, Lee, Leonard, Madison, jr., Muhlenberg, Parker, Partridge, Schureman, Scott, Sedgwick, Sherman, Silvester, Sinnickson, Vining, Wynkoop.–29. Noes–Messrs. Ames, Baldwin, Benson, Bland, Burke, Car- roll, Coles, Gale, Grout, Jackson, Livermore, Mathews, Moore, Page, Van Rensselaer, Smith, of Maryland, Smith, of South Ca- rolina, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, White, Williamson.-25. The reports are as follow:— “Report of the Special Committee. Report of “The committee to whom were referred sundry memorials from º the people called Quakers; and, also, a memorial from the Pennsylvania Society for promoting the Abolition of Slave- ry, submit the following report:- « That, from the nature of the matters contained in these me- morials, they were induced to examine the powers vested in Congress, under the present Constitution, relating to the aboli- tion of slavery, and are clearly of opinion, « First. That the general government is expressly restrained from prohibiting the importation of such persons ‘as any of the states, now existing, shall think proper to admit, until the year one thousand eight hundred and eight.” « Secondly. That Congress, by a fair construction of the Con- 720 HISTORY OF CONGRESS. CHAP. IX. Miscellaneous—Abolition of Slavery. 1790. 1st Congress. ssion. Report of special committee. - Report of the com- mittee of the whole House. stitution, are equally restrained from interfering in the emanci- pation of slaves, who already are, or who may, within the pe- riod mentioned, be imported into, or born within any of the said states. “ Thirdly. That Congress have no authority to interfere in the internal regulations of particular states, relative to the in- struction of slaves in the principles of morality and religion; to their comfortable clothing, accommodations, and subsistence; to the regulation of their marriages, and the prevention of the vio- lation of the rights thereof, or to the separation of children from their parents; to a comfortable provision in cases of sickness, age, or infirmity; or to the seizure, transportation, or sale of free negroes; but have the fullest confidence in the wisdom and humanity of the legislatures of the several states, that they will revise their laws from time to time, when necessary, and pro- mote the objects mentioned in the memorials, and every other measure that may tend to the happiness of slaves. “Fourthly. That, nevertheless, Congress have authority, if they shall think it necessary, to lay, at any time, a tax or duty, not exceeding ten dollars for each person, of any description, the im- portation of whom shall be, by any of the states, admitted as aforesaid. - “Fifthly. That Congress have authority to interdict, or (so far as it is or may be carried on by citizens of the United States, for supplying foreigners) to regulate the African trade, and to make provision for the humane treatment of slaves, in all cases, while on their passage to the United States, or to foreign ports, as far as it respects the citizens of the United States. “Sixthly. That Congress have also authority to prohibit ſo- reigners from fitting out vessels, in any port of the United States, for transporting persons from Africa to any foreign port. “Seventhly. That the memorialists be informed, that in all cases to which the authority of Congress extends, they will exercise it for the humane objects of the memorialists, so far as they can be promoted on the principles of justice, humanity, and good po- licy.” “Report of the Committee of the whole House. “The committee of the whole house, to whom was committed the report of the committee on the memorials of the people called Quakers, and of the Pennsylvania Society for pro- moting the Abolition of Slavery, report the following amend- ments:– “Strike out the first clause, together with the recital thereto, º H. Journal, p. 181. History of congress. 721 Ch.A.P. IX. Miscellaneous—Abolition of Slavery—Benjamin Franklin. 1790. 1st Congress. 2d Session. Report of the com- and, in lieu thereof, insert: “That the migration or importation of such persons as any of the states, now existing, shall think pro- per to admit, cannot be prohibited by Congress, prior to the year mittee, of one thousand eight hundred and eight.” - the whole house, BENJAMIN FRANKLIN. Mourning in venera- tion of his memory. 3d Session. *- “Strike out the second and third clauses, and, in lieu there- of, insert: “That Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them within any of the states; it remaining with the several states alone to provide any regulations therein, which humanity and true policy may require. “Strike out the fourth and fifth clauses, and, in lieu thereof, insert: ‘That Congress have authority to restrain the citizens of the United States from carrying on the African trade, for the purpose of supplying foreigners with slaves, and of providing, by proper regulations, for the humane treatment, during their pas- sage, of slaves imported by the said citizens into the states admit- ting such importation.’ “Strike out the seventh clause.” - It was then ordered that the report of the committee of the whole house do lie on the table. There was no subsequent le- gislation on the subject. On the death of Benjamin Franklin, the House of Representa- H. Journal, tives evinced their sense of his worth, as appears by the Journal P. 198. of the proceedings of the 22d of April, 1790, in which occurs the following paragraph:— “The House being informed of the decease of Benjamin Frank- lin, a citizen whose native genius was not more an ornament to human nature, than his various exertions of it have been precious to science, to freedom, and to his country, do resolve, as a mark of the veneration due to his memory, that the members wear the customary badge of mourning for one month.” At the next session, on the 10th of December, 1790, a letter was s. Journal, Copies of laid before the Senate, and by them transmitted to the House of p. 220. eulogiums delivered in Paris. Representatives, from Monsieur Beniere, President of the Com- II. Journal, monalty of Paris, addressed to the President and members of Con- p.334.337. gress of the United States, with twenty-six copies of a civic eulo- gy on Benjamin Franklin, pronounced the 21st day of July, 1790, in the name of the Commonalty of Paris, by Monsieur L’Abbé Fauchet; and, on the 15th, the House of Representatives agreed to the following resolution:- WoL. I.-91 722 HISTORY OF CONGRESS. CHAP. IX. Miscellaneous–Dauphin of France–French Constitution. 1790. ºgº. “This House, being highly sensible of the polite attention of - the Commons of Paris, in directing copies of a eulogium, lately pronounced before them, as a tribute to the illustrious memory of Benjamin Franklin, a citizen of the United States, to be trans- mitted to Congress: Resolu- “Resolved—That the speaker do, accordingly, communicate * * the sense of the House thereon to the President of the Com- House. - mons of Paris.” #gº. THE information of the death of the Dauphin of France was 1789. Su Session. - - - - † communicated to the two houses of Congress in the following H. Journal, IDEATH of - - - 129 pºus message from the President of the United States, transmitted on P. * ****Nº, the 29th of September, 1789:— “ United States, September 29, 1789. “Gentlemen of the House of Representatives, [Senate:—] Message “His Most Christian Majesty, by a letter dated the 7th of **** June last, addressed to the President and members of the gene- ral Congress of the United States of North America, announces the much-lamented death of his son, the Dauphin. The gene- rous conduct of the French monarch and nation towards this country, renders every event that may affect his or their pros- perity interesting to us; and I shall take care to assure him of the sensibility with which the United States, participate in the affliction which a-loss, so much to be regretted, must have occa- sioned both to him and to them. “ GEORGE WASHINGTON.” This message was ordered to lie on the table, and Congress adjourned on the same day. ..º. On the 5th of March, 1792, the following message was trans- 179% *** - mitted by the President of the United States to the two houses S. * p. - TRENCH - consºre of Congress:- H. Journal TION. “ United States, March the 5th, 1792. p. 527. º Message of - i. “ Gentlemen of the Senate, and of the House of Repre- tº: sentatives:– etter of - - - - King of “ Knowing the friendly interest you take in whatever may i." promote the happiness and prosperity of the French nation, it his accept is with pleasure that I lay before you the translation of a letter ...” which I have received from His Most Christian Majesty, an- tion. -- HISTORY OF CONGRESS. 723 Chap. IX. Miscellaneous–French Constitution. º nouncing to the United States of America his acceptance of the 1st Session. - - - - - * Constitution presented to him by his nation. “G. WASHINGTon.” TRANSLATIon of A LETTER FROM THE KING OF FRANCE, of SEP- TEMBER 19th, 1791. “ Pery dear great Friends and Allies: -- “We make it our duty to inform you that we have accept- ed the Constitution which has been presented to us in the name of the nation, and according to which France will be henceforth governed. “We do not doubt that you take an interest in an event so important to our kingdom and to us; and it is with real pleasure we take this occasion to renew to you assurances of the sincere friendship we bear you: whereupon, we pray God to have you, very dear great friends and allies, in his just and holy keeping. “Your good friend and ally, * Louis. “ Written at Paris, the 19th of Sept., 1791. ** MoxTMoRIN. “The United States of North America.” nºtion. On the 10th of March, it was moved that the House come proposed, to the following resolution:— “Resolved—That this House hath received, with sentiments of high satisfaction, the notification of the King of the French, of his acceptance of the Constitution presented to him in the name of the nation: and that the President of the United States be requested, in his answer to the said notification, to express the sincere participation of the House in the interests of the French nation, on this great and important event, and their wish, that the wisdom and magnanimity displayed in the formation and acceptance of the Constitution, may be rewarded by the most perfect attainment of its object, the permanent happiness of so great a people.” Motion to A motion was then made to commit this motion; and the ºmit ne question being taken, it was decided in the negative, by the fol- gatived. lowing vote:— Ayes–Messrs. Ames, B. Bourne, Goodhue, Gordon, Hillhouse, Lawrance, Learned, Livermore, Niles, Sedgwick, Jere. Smith, Wm. Smith I. Smith, Sturges, Wadsworth, Ward, Wayne-17. Noes—Messrs. Ashe, Baldwin, Barnwell, Benson, Clarke, Findley, Fitzsimons, Giles, Gilman, Gregg, Hartley, Heister, 1792. H. Journal, p. 532. Id, p. 533. 724 HISTORY OF CONGRESS. CHAP. IX. Miscellaneous—French Constitution. 1792. 2d Congress. 1st Session. Resolution divided. First part agreed to. Second part a- greed to. Jacobs, Key, Kitchell, Kittera, Lee, Macon, Madison, Mercer, Murray, Page, Schoonmaker, Seney, Steele, Sterrett, Sumpter, Thatcher, Tredwell, Tucker, Venable, Vining, White, William- son, Willis.-35. The resolution was then discussed, and a division being de- manded, the question was first taken on agreeing to the first part of the motion, in the words following:— “ Resolved—That this House has received, with sentiments of high satisfaction, the notification of the King of the French, of his acceptance of the Constitution presented to him in the name of the nation; and, that the President of the United States be re- quested, in his answer to the said notification, to express the sin- cere participation of the House in the interests of the French na- tion, on this great and important event.” And this motion was determined in the affirmative, by the fol- lowing vote:- ºffyes–Messrs. Ames, Ashe, Baldwin, B. Bourne, Clarke, Findley, Fitzsimons, Giles, Gilman, Goodhue, Gordon, Gregg, Hartley, Heister, Hillhouse, Jacobs, Key, Kitchell, Kittera, Law- rance, Learned, Lee, Livermore, Macon, Madison, Mercer, Murray, Niles, Page, Schoonmaker, Sedgwick, Seney, Jere. Smith, I. Smith, Wm. Smith, Steele, Sterrett, Sturges, Sump- ter, Thatcher, Tredwell, Tucker, Venable, Vining, Wadsworth, Ward, Wayne, White, Williamson, Willis.-50. IVoes—Messrs. Barnwell, Benson. —2. The second part of the motion was then taken up for consider- ation, as follows:— “And their wish that the wisdom and magnanimity displayed in the formation and acceptance of the Constitution, may be re- warded by the most perfect attainment of its object, the perma- nent happiness of so great a people.” - The question being taken on agreeing to this part of the reso- H. Journal, lution, it was decided in the affirmative, by the following vote:– P. 584. ºffyes–Messrs. Ashe, Baldwin, B. Bourne, Clarke, Findley, Fitzsimons, Giles, Gilman, Gregg, Hartley, Heister, Key, Kitch- ell, Kittera, Lee, Macon, Madison, Mercer, Murray, Niles, Page, Schoonmaker, Seney, Steele, Sterrett, Sturges, Sumpter, Thatcher, Tredwell, Tucker, Venable, Vining, Wayne, White, Willis.-35. Noes–Messrs. Ames, Barnwell, Benson, Goodhue, Gordon, Hillhouse, Jacobs, Lawrance, Learned, Livermore, Sedgwick, Jere. Smith, I. Smith, Wm. Smith, Wadsworth, Ward.—16. HISTORY OF CONGRESS. 725 t CHAP. IX. Miscellaneous–French Constitution. 1792. 2d Congress. 1st Session. Resolution offered in Senate. Motion to postpone negatived. Resolution amended and adopt- ed. It was then ordered, that Messrs. Tucker, Madison, Mercer, Vining, and Page, be appointed a committee to wait on the Pre- sident of the United States with the resolution. And, on the 13th, Mr. Tucker, from this committee, made report that the committee had discharged the duty assigned to them. The subject was taken up in the Senate, on the 12th of March, when the following resolution was submitted for considera- tion:— * Resolved—That the President of the United States of Ame- rica be requested to make known to the King of the French, the satisfaction with which the Senate of the United States have re- ceived the official communication of his acceptance of a constitu- tion, which, it is their earnest wish, may establish, on a solid basis, the freedom and prosperity of the French nation, and the hap- piness and glory of the monarch presiding over it.” The consideration of this resolution was postponed till the next day, when it was moved to postpone the above motion, in order to take up the following:— ** Resolved—That the President of the United States be in- formed that the Senate have received with satisfaction the official intelligence that the King of the French has accepted the Consti- tution presented to him by the National Assembly, and are highly gratified by every event that promotes the freedom and H. Journal, p. 535, S. Journal, p. 408. prosperity of the French nation, and the happiness and glory of their king.” The question being taken on the motion to postpone, it was determined in the negative, by the following vote:– Ayes–Messrs. Bassett, Cabot, Ellsworth, King, Strong, Win- gate.—6. Nays–Messrs. Bradley, Burr, Butler, Carroll, Dickinson, Few, Foster, Gunn, Hawkins, Henry, Johnston, Izard, Lang- don, Lee, Monroe, Morris, Read, Robinson, Rutherford, Stan- ton, Sherman. —21. The original was then amended and agreed to in the follow- ing form:— « Resolved—That the President be requested to make known to the King of the French, that the Senate of the United States have received, with the highest satisfaction, the official commu- nication of his acceptance of a constitution, which, it is their earnest wish, may establish, on a solid basis, the freedom and prosperity of the French nation, and the happiness and glory of the monarch presiding over it.” Id. p. 409, 726 HISTORY OF CONGRESS. * Ch.A.P. IX. Miscellaneous—John Brown Cutting. 1792. *lº. On the 14th, it was ordered that the above resolution be signed s. Journal, St Session. - - - - ** by the Vice-President, and laid before the President of the P. * Ordered to - be laid be. United States by the secretary. fore the H * On the sth of February, 1792, the following message was H.Journal, * transmitted to the two houses of Congress by the President of P. * - the United States:— - “ United States, February the 8th, 1792. -- “ Gentlemen of the Senate, and of the House of Representa- tives:– -- Message of “An article of expense having occurred in the department of | President foreign affairs, for which no provision has been made by law, I lay before you a letter from the secretary of state, explaining the same, in order that you may do thereon what you shall find to be right. “G. WASHINGTON.” John The message and letter were read, and referred to Messrs. Fitz- dº. simons, Lawrance, and Goodhue. On the 22d, Mr. Fitzsimons, Id. p. 517. from this committee, made a report on the subject of the ac- count of John B. Cutting, transmitted by the secretary of state; and this report was taken up for consideration on the 4th of May, Id, p. 597. when the following resolution was adopted by the House:— “ Resolved—That in consideration of certain expenditures on behalf of the United States, made by John Brown Cutting, in the year one thousand seven hundred and ninety, there be ad- vanced and paid to the said John Brown Cutting the sum of two 1 thousand dollars, out of any money not otherwise appropriated; and that the secretary of state be authorized to inquire into the entire claim of the said John Brown Cutting against the United States; and, upon receipt of the proofs and exhibits in support thereof, to ascertain what sum shall thereupon appear to be due to or from him, in account with the United States, including the advance hereby directed, and to report the same to the next session of Congress.” It was then ordered, that Messrs. Fitzsimons, Lawrance, and 1d. p. 601. Goodhue, prepare and bring in a bill pursuant to the above reso- lution. On the same day, Mr. Fitzsimons, from this committee, presented a bill concerning the claim of John Brown Cutting - against the United States, which was then read the first and Se- cond time, and committed to a committee of the whole house. The bill was amended in committee of the whole on the 7th; and, having been reported without amendment, was ordered to History of congress. 727 Chap. IX. Miscellaneous–John Brown Cutting. 1792. #º. be engrossed and read the third time. The bill was then read - the third time, and, on the question of its passage, the vote ap- pears to have been as follows:– H. Journal, Jºyes–Messrs. Ames, Barnwell, Benson, Boudinot, B. Bourne, P. 602. Clarke, Fitzsimons, Gordon, Griffin, Heister, Huger, Lawrance, Learned, Lee, Livermore, Madison, Muhlenberg, Murray, Page, Wm. Smith, Steele, Sterrett, Tucker.—23. Noes—Messrs. Ashe, Baldwin, S. Bourne, Brown, Giles, Goodhue, Key, Kitchell, Macon, Moore, Schoonmaker, Jere. Smith, I. Smith, Sturges, Sumpter, Silvester, Thatcher, Tred- well, Venable, Ward, White, Williamson.—22. Billpassed. The bill was therefore passed, and sent to the Senate for con- S. Journal, - currence. And, on the 7th and 8th, this bill passed through its ** various readings in the Senate. - MHEMIBERS OF THE FIRST CONGRESS. SENATE, Caleb Strong, Tristram Dalton, % Massachusetts. John Langdon, Paine Wingate, Wm. S. Johnson, Oliver Ellsworth, Philip Schuyler, Rufus King, Jonathan Elmer, Wm. Paterson, 3d session, Philemon Dickinson, J Wm. Maclay, Robert Morris, Charles Carroll, John Henry, % NEw HAMPSHIRE. % CoNNECTICUT. ; New York. NEw JERSEy. ; PENNSYLVANIA. ; MARYLAND. Richard Henry Lee, Wm. Grayson. After 31st March, VIRGINIA, 1790–John Walker, 3d session—James Monroe, Samuel Johnston, Benjamin Hawkins, : N. CARorrs A. Pierce Butler, Ralph Izard, % South CARo1.1NA. William Few, 9-GEoRGIA. James Gunn, % At the 3d session appeared— Joseph Stanton, Theodore Foster, : RhodE IsIAND. R. E PRESENTATIVES. Abiel Foster, Nicholas Gilman, New HAMPSHIRE. Samuel Livermore, George Thatcher, Fisher Ames, George Leonard, Elbridge Gerry, Benjamin Goodhue, Jonathan Grout, George Partridge, Theodore Sedgwick. Benjamin Huntington, Roger Sherman, Jonathan Sturges, Jonathan Trumbull, Jeremiah Wadsworth, CoNNECTIcut. Egbert Benson, William Floyd, John Hathorn, Jeremiah Van Rensselaer, John Lawrance, Peter Silvester, Elias Boudinot, Lambert Cadwalader, James Schureman, Thomas Sinnickson, N. Yonk. NEw JERSEY. George Clymer, Thomas Fitzsimons, Thomas Hartley, Daniel Heister, P F. A. Muhlenberg, ENNSYLVANIA. Peter Muhlenberg, Thomas Scott, Henry Wynkoop, J MAssachus ETTs. John Wining—DELAwaſtE. Daniel Carroll, Benjamin Contee, George Gale, Joshua Seney, William Smith, Michael Jenifer Stone, Theodoric Bland, n John Brown, MARYLAND. Isaac Coles, Samuel Griffin, Richard Bland Lee, James Madison, jr. Andrew Moore, John Page, Alexander White, Josiah Parker, Edanus Burke, Daniel Huger, William Smith, Thomas Sumpter, Thomas Tudor Tucker, Abraham Baldwin, { GEORGIA. }vinois. S. CARolin A. James Jackson, George Mathews, At the third session of the first Congress, the following additional members attended:– Benjamin Bourne–Rhode IsIAND. John Baptiste Ashe, Timothy Bloodworth, John Sevier, John Steele, - Hugh Williamson, J N. CAROLINA, SENATE. John Langdon, Paine Wingate, ; NEw HAMPsh IRE. Moses Robinson, Stephen R. Bradley, % VERMoWT. Caleb Strong, MAss Achusetts. George Cabot, : ACHUSETTS Joseph Stanton, Theodore Foster, ; RHope ISLAND. Roger Sherman, Oliver Ellsworth, : CoNNECTICUT. Aaron Burr, Rufus King, John Rutherford, Philemon Dickinson, : NEw York. ; NEw JERSEY. : PENNSYL. Robert Morris, Albert Gallatin, George Read, D Richard Bassett, : ELAWARE, John Henry, Charles Carroll. 2d session— Richard Potts, MARYLAND. James Monroe, Richard Henry Lee. 2d session— John Taylor, VIRGINIA. Samuel Johnston, Benjamin Hawkins, ; N. CAROLINA, Pierce Butler, Ralph Izard, William Few, James Gunn, ; SouTH CAR011.N.A. ; GEORGIA. - - John Browne, from Feb. 28, 1793. 2d session John Edwards, ; Kx. - R. E. P. R. E.S ENTATIVE S. Nº. Gilman, Thomas Fitzsimons, S Daniel Heister, muel Livermore, S. N. HAMPSHIRE. Jeremiah Smith, - Nathaniel Niles, 2 wr, 2d session Israel Smith, 2 % VERM’T. George Thatcher, Fisher Ames, George Leonard, Elbridge Gerry, MASSACHUSETTS Benjamin Goodhue, Theodore Sedgwick, Shearjashub Bourne, | Artemus Ward, J Benjamin Bourne–Rhode IsIAND. Jonathan Trumbull, Jeremiah Wadsworth, Jonathan Sturges, James Hillhouse, Amasa Learned, J Egbert Benson, | John Lawrance, Peter Silvester, James Gordon, Cornelius C. Schoonmaker, Thomas Tredwell, CoNNECTICUT. Thomas Hartley, Frederick A. Muhlenberg, 2 William Findley, * Andrew Gregg, Israel Jacobs, John W. Kittera, John Wining—DELAWARE. Philip Key, Samuel Sterrett, Upton Sheridan, William Vans Murray, Joshua Seney. 2d Session— William Hindman. William Pinckney, 2d session— John F. Mercer. J . MARYLAND. John Browne, Samuel Griffin, William B. Giles, Richard Bland Lee, James Madison, Andrew Moore, Josiah Parker, John Page, Alexander White, | }vinois, º l N. York. Elias Boudinot, Abram Clarke Jonathan Dayton, NEw JERSEY. Aaron Kitchell, Vol. I.-92 Abraham Venable, J 730 MEMBERS OF THE SECOND CONGRESS. John Baptiste Ashe, Abraham Baldwin, John Steele, Francis Willis, Hugh Williamson, N. CARo1. INA. Anthony Wayne, GEORGIA. William B. Grove, afterwards John Nathaniel Macon, Milledge, Daniel Huger, 2d session— Q William Smith, Christopher Greenup, KENTuckx. Thomas Sumpter, S. CARøLINA. | Alexander Orr, S Thomas Tudor Tucker, Robert Barnwell, INDIE X. A. Acts, records, and seal, Bill to provide for safe keeping of, - - Page 45 Accounts between United States and indi- vidual states, - 446–453 Measures to expedite settlement of 448 - Bill to extend time for, - 453—455 Addresses presented to President of United States, 33. 35. 69, 70. 102, 103. 119. 121. 138. I40 Adjournment, Resolutions concerning, 50 Proceedings relating to, 51 Appropriations for service of 1789, 680 Ditto, 1790, 681 Ditto, 1791, 681, 682 Ditto, 1792, 682–686 Ditto, 1793, 686–706 Arrearages due to soldiers, proceedings re- lating thereto, - 449, 450 Arts, useful, - - - 712–716 Attorney General, Report of, and proceed- 1ngs, - - Bill concerning, - 246 B. BANK, United States, Bill to incorpo- rate, - - - 669–672 Bill to reimburse loan to, - 673–676 Supplementary, - - 672, 673 Bankruptcy, Uniform System of - 612 Balances due to United States, to provide for, --- - - 673 Bailey, Francis, Petition of, - 713 Barclay, Thomas, Relief of, - 558 Barclay and Winey, do. - 559 Barclay, Ralston, Assignee of, - 560 Barney, Joshua, Bill for relief of, - 529, 530 Bell, Jacob, Petition of - * - 388 Bland, Theodore, Death of - 77 Bostwick, Elijah, Relief of, - 577 Boulton's, Matthew, Proposals to supply copper coinage, - 467 Brigadier General, Message concerning, 501 - C. CALDwºl.1, ADAM, Relief of, : 612 Campbell, Relief of - - 565, 566 Census, Bill to provide for taking, - 191,192 - Returns of, - ".. 193 Returns of, from South Carolina, 218 Ceracchi, Memorial of - - 717 Chaplains, Resolution to appoint, 21, 65. 107. 113. 133 Right Rev. S. Provoost, elected. 29 Rev. Wm. Linn, do., 40.65 Right Rev. Bishop White, 107.113. 133 Rev. Mr. Blair, 107. 113 Rev. Ashbel Green, do. 133 Charleston, Memorial of merchants of, 678,679. Churchman, Petition of John, magnetic needle, - - 709–712 Circulars, to absent members, - 11 Claims barred by acts of limitation, 655 Not barred by, do. - 655–657 Clerk of House of Representatives, John Beckley appointed, - - - 11 Coins, Foreign, Resolution concerning, 471 Bill regulating, - - 472 Collection Bills, - - 298. 319 To suspend provisions of 328,329. 332 To amend, - - 329, 330 To regulate, - - 319. 327, 341 Commissioners for settling accounts be- tween the United States and individual states, 447 Bill to increase salaries of, 447 To treat with Indians, re- imbursement of, 523 Of loans, provision for, 366–368 Committee, to prepare rules for House of Representatives, - - 11 Reported, - - - 14 To prepare rules for cases of conference, - = 14 Report of ditto, - 21 To receive President of United States on landing from New Jersey, - - - To congratulate Vice-Presi- dent on his arrival, - 25 To conduct Vice-President to Senate chamber, - 25 Report of committee to re- ceive President, - 27 To report what style or titles should be given to the Pre- sident and Vice-President, 27, 227. 230 25 - . 732 INDEX. Committee, to consider time and manner of administering oath to President, 27 Report of - - - - 27 To prepare answer to speech of Presi- dent, 33.68. 103.120. 140 To present address to President of the United States, 36.69. 101. 119. 138 (Joint.) To report a mode of commu- nication between the two - houses, - - 39, 40 - Report, - - 39, 40 On keeping and distributing Journals, - - 40 Report, - - 40, 41 (Joint.) A mode of receiving messages from the President, - 40 Report, - - - 40 To report as to supplying members with newspa- pers, and to receive pro- posals for printing, 42. 76 Report, - - 42. 77 (Joint.) On enrolment of bills, - 43 (Joint.) To make arrangements for re- ception of President, 24, 27 Report, - - - 28 (Joint.) On enrolled bills, - - 45 On mode of communicating acts to states, - - On elections, 45. 76. 126 Report of do. on petition of Ramsay, - 45–48 Report of do. on New Jersey petitions, - 48–50 -(Joint.) To report what business shall be acted on, 50, 72.74. 124. 131 To inform President of intend- ed adjournment, 50. 110. 145 To view rooms in city hall, - 53 Report, - - - 53 To inform President of meet- ing of Congress, 65.98. 113, 133 On subject of rules, - 75 Report, - - - 76 To prepare catalogue of books for Congress, - - 77 To revise laws of United States, - 108 In elections, report of, in case of Jackson against Wayne, On resignation of Pinckney, To consider amendments to the Constitution, To arrange articles of amend- ment, - - To provide for taking census, - 191—193 On the commencement of terms of service, 221 Report, - - 221, 222 Concerning time of choosing electors, - Committees, Appointment of - Communication, Mode of, between two houses, adopted, I26 130 152 159 224 125 38–40 Compensation to President, Vice-President, Senators, and representatives, 230–239 Constitution, Resolution to prefix a copy of, to the acts of the session, - 43 Ratification of by 11 states, 146 By North Caro- lina, 146 By Rhode Island, 146 Amendment to, proposed by Rhode Island, 146,149 By Virginia, 149–151 By New York, 151,152 Motions to amend, 157–161, 190 Articles of amendment to be submitted to the states, 160. 171–173 Motions to amend articles, 160–164 And to add new ones, 164–169 Amendments to, ratified 169, 170 By Maryland, 174, 175 By New Hampshire, 175, 176 By South Carolina, - 176, 177 By Delaware, - 177, 178 By Pennsylvania, - 178, 179 By New York, - 179–181 By North Carolina, - 181, 182 By Rhode Island, - 182, 183 By New Jersey, - 183, 184 By Virginia, - 185, 186 By Vermont, - 186 By Pennsylvania, of 1st arti- cle, - - 1 By Virginia, of do. - 185 Amendments proposed, con- cerning the ju- diciary, 187, 189 Report on do., - 190 Copy-rights, Proceedings relating to, 707–709 Consuls, Fees to, &c., - - 466–469 Convention with France, bill to carry into effect, - - 465,466 Cook, David, Relief of - - 565 Courts, Circuit, apportionment of labour, 268 Courts, Altering times of holding, 268,269 Creditors, Public, Petition of, - 644.647 Crimes and Punishments, - 263,264 Currency, Depreciation of - 678,679 Customs, Inspectors of Compensation to, 390 Officers of do., - - 390,391 Cutting, John Brown, Relief of - 726,727 D. - DEBT, Relief of persons imprisoned for, 613 Debts, Bill making provision for, 386 Debt of the United States, Provision for, 618–639 Reduction of - = 640,641 Recovery of lost evidences of 644–646 Debt, Domestic, Subscriptions of, 651–654 Call on commissioners of - 665,666 Denmark, Rix dollar of Rate of 60S,609 Dobbyn, Hannibal, Petition of - 409 -:- INDEX. 733 Door-keeper of House of Representatives, Gifford, Dalby, elected, 11, 113 Assistant do., Thomas Claxton, elected, - 11, 113 Of Senate, James Mathers, elected, - - - 24 Duties, Remission of - - 387–389 E. ELECTons of President and Vice-President, when to be chosen, - 223 Ely, John, Petition of, and bill, - 552, 553 Estimates of appropriations required, called for, - - - Furnished from treasury, 680, 681 Executive Departments, Bills to establish, 432 Treasury, - - 437–439 War, - - - 436,437 Foreign affairs, • 432–436 Excise Districts, Arrangement of, 358–364 Exportations, Bill to prevent, not duly in- spected, - - 602,603 F. FAMILIEs of persons killed, Relief of 547, 548 Fees for transfer of public securities, con- cerning, - - 484 Fines and Forfeitures, Remission of 331, 332 Fisheries, Protection of - - 594—600 Fitch John, Petition of - 715, 716 Foreign intercourse, Compensation to per- sons engaged in, - 455—458 Foreign Affairs, Department of, - 432–436 France, Dauphin of Death of - 722 Constitution of accepted by king, 722 Franklin, Benjamin, - - 721 Freighters, Responsibility of, - 593, 594 Frontiers, Bill for protection of - 384–387 Protection of - - 502–513 - G. GALLIPOLIS, Bill to grant lands to inhabit- ants of, - - 430, 431 Garanger, Lewis, Relief of, - 677–680 Georgia, Assumption of debt of - 639,640 Gibson, George, Relief of - 563, 564 Glaubeck, Baron de, Relief of - 580, 581 Government, Permanent seat of, 54.60. 81 Offers of Virginia, Maryland, New Jersey, Pennsylva- nia, &c., - - - 54 Bill to establish, - 60–63 Motion to repeal, - - 96 Message of President con- cerning, - - 108, 109 Bill relating to, - 109, 110 Plan of city, transmitted, 125 Plat of territory on Potomac, - 143,144 Gould, David, Relief of, - - 557,558 Greene, General, Relief of - 566–570 H. HALF Pay, claims to, to regulate, 535–541 Hanson, A. C., Bill for relief of - 267 Heaton, Robert, Petition of - 387, 388 Hebert & Co., of Paris, Propositions of, 429 Henderson, Joseph, Relief of - 574. 575 Hospitals, Marine, - - 549 I. ILLINoſs and Oubache companies, Petition 01, - - - 431 Importations from Rhode Island, to pre- vent, - - 609 Imposts and Tonnage, - - 287–339 Indians, Hostility of, - - 485–499 Concerning treaties with, 514–519, 524 Trade and intercourse with, 519.525, 526 Expedition against, - 521, 522 Papers relating to, - 525, 526 Interest on sums ordered by Congress of 1785, as indemnity, &c., - 657 J. JACKSON, JAMEs, Petition of against elec- - tion of Wayne, - 126–129 Journals, Resolution of House of Represen- tatives to furnish members with sets, - - - - 41 Order of House of Representa- tives to send copies to state exe- cutives and legislatures, 41 Executive, Extracts from, to be furnished to members, 107 Entering and publishing, 123, 124 Judicial Proceedings, Authentication of 260,261 Judiciary, Bill to establish, - 239. 243 To extend to North Carolina, 243 Rhode Island, 243 Department, salaries of - - 244, 245. 248. 251 Bill in addition to act to esta- blish, - - 247,248 Processes, Bill to regulate, 251,252 Processes, Bill to continue in force, Act to regulate, 252,253 Bill to compensate officers and re- gulate processes, - 253. 260 Justice, Fugitives from, - 261,262 K. Kentucky, Admission of, - 269–272 Kimberty, E., Petition of - 579 734 INDEX. L. LANDs, Public, Uniform system for dispo- sition of, - - 408 Resolutions concerning, - 409 Land-offices, Bill to establish, - 408–413 Lands, Cession of, by North Carolina, 414–416 reserved by Virginia for officers, C., - 416. 419 Vacant, Message of President con- cerning, - - 420, 421 North-western, Bill concerning, 421–424 Learning, encouragement of Bill to amend, - - 708, 709 Light-house bill - - - - - 586 to amend, - - 588 in Charleston Harbour ceded, 588 at Sandy Hook, ceded, - 588 to finish on Portland Head, - 588 to erect at Montuk Point, 589 to finish at Bald Head, N. C. 589 Lists of votes for President, how to be transmitted, - - - - 223 Loan, Dutch, - - - 650. 662 Loans to pay debts due to states, 657–662 Loan, resolution of House concerning, re- ceiving of, in domestic debt, - 663 Bill concerning do., - 663,664 Lutterloh, Petition of, - 575, 576 M. MAPs, purchase of, ordered, - - 142 Maryland, claim of - - 664, 665 Resolution concern- ing place, 78–80 Resolution and bill, - to alter time, 110, 111 M'Cord, John, relief of, - - 557 Mercer, General Hugh, Bill concerning, 581, 582 Messages from President, mode of re- ceiving by the two houses, adopted, - 40 Mediterranean trade, - - 605–607 Meeting of Congress, Bill to alter time of -- next, - - 52 Messenger of Senate, Cornelius Maxwel elected, - - - - 21 Military establishment, - - 495–501 Proposition to reduce, 513, 514 Militia, Organization of - 485–493 Pensions to, - - 548. 549 Mint, Proceedings concerning, - 467 Bill to establish, - 468–470 Bill to amend act to establish, 471,472 Moore, S., Petition of, - - 662. 663 Morris, Robert, Memorial of - 475. 478 Morocco, Emperor of Appropriation to perfect treaty with, - - 06, 607 Motion to allow members right to enter protest, - - - - 41 N. NATURALIZATION, Concerning, - 716,717 487 National defence, Concerning, - - - 586 529 Navigation, Encouragement of, - - Navy, Memorial of officers, - - New Jersey, Petitions of inhabitants of, complaining of illegality of elections, 42–50 Newspapers, Resolution concerning, - 73 Postage on, to reduce, - 406 New York City Hall opened to Congress, and proceedings thereon, - 52, 53 Vote of thanks for City Hall, 97 North Carolina cession, Boundary of, 416 O. Oath, Bill to regulate the taking of 12–14 Form of prescribed, - - 12 Administered, - - 14. 24. 113 Officers of House, to remain till succes- sors appointed, - - - 145 Officers, foreign, Debt to, - - 646 Ohio company, Petition of, - 425—428 Order, Question of, - - - 78 P. Papers, original, Order to return, - 144 Parmill, Joseph, Relief of, - - 566 Penalties under copy-right law, To in- Crease, - - - - 709 Pennsylvania, Contract with, - - 428 Raising troops within, - 585 Pensions, invalid, Concerning, 530, 531. 535–542, 543. 546 To prevent transfers of, - 531 To widows, orphans, and inva- lids, - - - 532–535 Petitions for, - - - 542 Mode of payment, relating to, 546,547 - -Militia, - - 548,549 Philadelphia, Congress meet at, 97. 112. 132 Commissioners of, offer accommo- dations, &c., - - - 106 library opened to Congress, 106. 124 Pinckney, Resignation of - - 130 President of Senate, John Langdon elect- 12 131 cided, - 131 John Langdon elected, 132. 145 Post-master General, Letter from, - 392 Plan from, - 393 Post-office, Resolution concerning, 392,393 Bills concerning, - 393–395 Situation of, - - 405, 406 Post-offices, and post-roads, Bill to esta- blish, - - - - 397–406 Posts in the wilderness, Bill concerning, 529 President of U. S., Votes for examined, 12. 144 Ceremonial of receiv- ed, - - - pro tem., Richard Henry Lee elected, Right to vote de- ing, - 24, 25 Reception of, and ad- ministering of oat to, - - 29 INDEX. 735 President of U. S., Speech of 1st con- - gress, 1st session, 20–24 Do. 2d do. 65–68 Do. 3d do. 98–101 Speech of 2d con- gress, 1st session, 113–119 Do. 2d do. 133–138 Reply of to addresses, 37. 70, 72. 103. 106. 120. 122. 142, 143 Message of concern- ing intended recess, 51, 52 Style and title of de- termined, - 227. 229 Prisoners, Safe keeping of - 264, 265 Public credit, Provision for support of - 332 Resolutions concerning, 333,334 Q. Quorum of first House of Representatives, 11 of Senate, - - - . 12 - R. RAMSAY, D., Petition of, against return of Wm. Smith, - - Petition for copy-right, - Read, Nathan, and Stevens, (John,) peti- tion for exclusive privileges, Representatives, House of Answer to speech of President, 1st Congress, 1st Session, 35, 36 Do. 2d do. 70–72 Do. 3d do, 103–105 Do. 1st do. 121, 122 Do. 2d do. 140–142 Representatives, present at meeting of first Congress, - - 9 Absent, - - - 10 Present at meeting of 2d Session, 64,65 Do. do. 3d do, 97, 98 2d Congress, 1st Session, 112 Do. 2d do. 132 Apportionment of, 707 713 * 2d. - 194–217 Resolution, Joint, that President, Vice-Pre- sident, and houses, attend Divine service, 28, 29 (Toint.) On mode of transmitting acts to states, - Concerning permanent seat of government, 54—60 Rhode Island, Extension to, of bill providing for taking census, - 192, 193 Rules of the House of Representatives, 14–19 Additional, - - 19, 20 Reported and recommitted, - 20 Of Senate, - - 21, 23 (Joint,) as to enrolment of bills, &c., - - - On subjects of reconsideration, - Relating to amendment of bills re- scinded, - - - 108 75 Rules, Of former Congress adopted, - 122 Additional, - - - 122 Senate, - - - - 123 S. SADDLER's, CHRISTOPHER, Petition, 330, 331 Salaries of executive officers, Bills to esta- blish, - - - 439–441 Sands, Comfort, Bill concerning, - 573, 574 Scriba, George, Petition of, - - 409 Seamen, Hospitals for, - - - 549 Distressed Soldiers and, 549–550 Sick and infirm, - 552 Increase of, - - 552 Regulation of, in merchants' ser- vice, - - 601 Secretary of Senate, I. A. Otis, elected, - 24 Senators present at meeting of 1st Congress, 1st Session, - 9 Present at 2d do. - 64 Do 3d. do. - 97 2d Congress, 1st Session, - 112 Do. 2d do. - 132 Classification of, - 218–221 Senate, Answer of, to speech of President, 1st Congress, 1st Session, 33–35 Do. 2d do. 69, 70 Do. 3d do. 102, 103 2d Congress, 1st do. 119, 120 Do. 2d do. 138, 139 Motions to open doors of 76. 107.125. 143 Motion to admitmembers of House, 125, 126 Sergeant-at-arms of Senate, Joseph Whea- ton elected, - - - Ships, Enrolling, licensing, and registering, 590. Sinking fund, Report of commissioners of, 64]. 644 Call on do, - 677 Slaves, Importation of, - - 327 Slavery, Abolition of, - - 718, Speaker, F. A. Muhlenherg, elected, - 11: To appoint committees, - 75. Vote of thanks to, - - 97. Jonathan Trumbull, elected, - 112 Vote of thanks, and reply, - 145 Spirits, Duties on, - - 341–357. St. Clair's defeat, Concerning, - 582–585. St. Domingo, Letter from General Assem- - bly of, -- - 613. States, Laws of Order to procure, - 124 Stenographers, Motion to employ, - 123. Steuben, Baron, Bill for relief of, 553–557 Stirling, Sarah, widow of Earl of, 560, 561. Storer, Ebenezer, Relief of - 581, 582 Surveyor General, Bill to provide for, 415 Swain, Shubael, Petition of, - 390, Symmes', John Cleves, purchase of lands,424,425 T. TAx, Continental, Receivers of - 391. 736 INDEX. - Teas, Duties on, º * 342.364. 372. Vermont, Regulation of representatives in, 284 To extend time for payment of du- "-- Extension of laws to, - , 286 ties on, - - - 365 Vessels, Registering of - - 590–594 Terms of service, When to commence, 221, 222 Unloading, in case of obstructions Territory south of Ohio, Government of 446 by ice, - 594 Thanksgiving, Day of, - - 63, 64 Vice-President, Votes for, examined, - 12 Thayre, Simeon, Relief of - 578,579 | - Address of, on taking the Terms of duties, Acts giving assent to acts chair of the Se- of Maryland, Georgia, and Rhode Is- nate, - 25–27 land, concerning, - 610,611 Leave of absence to, - 131 Trade and navigation, Bill concerning, 604 || Vincennes, St., Petition of inhabitants of With other powers in North Ameri- 429,430 ca, - - - 604,605 || Virginia Line, Message concerning, 419 With Great Britain, and foreign na- - tions, - - 607, 608 Treasury, Secretary of Motions concerning W. violations of law by, - 478–483 - Complaint of concerning inaccu- WARRINGTON, JAMEs, Relief of - 571 racy of printing reports, 483,484 || Washington, Statue of: - - 717 Treasury, Motions concerning, - 473,474 Webb, G., Petition of - - 391 Treaties, Resolution to append to laws, - 77 Weights and measures. - ..- .. 614–617 Tonnage, Duties on, 310, 311. 317, 319. 327. Western Territory, Bills to provide for gº: 329, 330 vernment of, - - 444, 445 Tucker, John, Bill for relief of - 266 West Point, Purchase of . . . . 562,563 Turner, Judge, Petition of - 445 W; º Wºº. Relief of, º - inino: - - - –408 1Imington Academy, - - º) Twining, Nathaniel, Bill for relief of, 406-40 Wines, Bill to ºut. On, - 340 W. To prolong term for payment of du- - - - ties on, - - 342–364 VACANCIEs in office of President and Vice- - Concerning duties on, 337, 364, 372 President, - * ..., & wishart, Thomas, Relief of," .. 576, 577 Officer to fill, - 223, 224 Woodrop and Sims, Petition of - 389 Vermont, Admission of - 7.273-ºff wrecks, Bill to remit duties on goods saved Veto of President on apportionment bill, 215,216 from, - - - 371 - – END OF VOL 4. 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