HISTORY OF THE PROCEEDINGS AND DEBATES OF THE SENATE OF THE UNITED STATES, AT THE SECOND SESSION OF THE FIRST CONGRESS, BEGUN AT THE CITY OF NEW YORK, JANUARY 4, 1790. [That no debate appears in the proceedings of the Senate, is already accounted for in a note at the commencement of the Journal of the First Session. 1794, the Senate sat with closed doors.] It is for this good reason, that, until its Session in MONDAY, January 4, 1790. The following members of the Senate assembled: From New Hampshire, JOHN LANGDON and PAINE WINGATE. From Massachusetts, CALEB STRONG and TRISTRAM DALTON. From Connecticut, WILLIAM S. JOHNSON. From New York, RUFUS KING and PHILIP SCHUYLER. From South Carolina, RALPH IZARD and PIERCE BUTler. From Georgia, WILLIAM FEW. ready in the Senate Chamber, at such time as the President may appoint, to receive any com munications he may be pleased to make. THURSDAY, January 7. OLIVER ELLSWORTH, of Connecticut, and WILLIAM PATERSON, from New Jersey, attended. A message from the House of Representatives informed the Senate that they have resolved that two Chaplains, of different denominations, be appointed to Congress for the present session, one by cach House, who shall interchange A quorum of members not being present, weekly. they adjourned till to-morrow. TUESDAY, January 5. JOHN HENRY, from Maryland, in addition to the members assembled yesterday, attended; but not being a quorum, they adjourned. WEDNESDAY, January 6. WILLIAM MACLAY, from Pennsylvania, attended; a quorum of the members of the Senate were present, and the Secretary was directed to inform the House of Representatives that a quorum of the Senate have assembled, and are ready to proceed to business. Ordered, That Messrs. STRONG and IZARD be a committee on the part of the Senate, with such committee as the House of Representatives may appoint on their part, to inform the President of the United States that a quorum of the two Houses is assembled, and will be Mr. STRONG, on behalf of the joint committee, reported to the Senate, that they had waited on the President of the United States, agreeably to the order of both Houses, and that he the two Houses in the Senate Chamber toinformed the committee that he would meet morrow at 11 o'clock. The Senate proceeded to consider the resolve of the House of Representatives, of this day, relative to the appointment of Chaplains; and, Resolved, That the Senate concur therein; and that the Right Reverend Doctor Samuel Provost be appointed for the present session, on the part of the Senate. FRIDAY, January 8. Ordered, That the House of Representatives be informed that the Senate are ready to meet them in the Senate Chamber, to receive any communication the President of the United States may be pleased to make to the two SENATE.] President's address to both Houses of Congress. Houses of Congress; and that the usual seats will be assigned them. The House of Representatives having accordingly taken their seats, the President of the United States came into the Senate Chamber, and addressed both Houses of Congress as followeth: Fellow Citizens of the Senate, and House of Representatives: [JANUARY 8, 1790. 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 citizens, should be speedily ascertained by a uniform rule of naturalization. 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 I embrace with great satisfaction the opportunity | manufactures, by all proper means, will not, I trust, need recommendation; but I cannot forbear intimatwhich now presents itself of congratulating you on the present favorable prospects of our public affairs.ing to you the expediency of giving effectual enThe recent accession of the important State of North couragement, as well to the introduction of new and Carolina to the constitution of the United States, useful inventions from abroad, as to the exertions of (of which official information has been received;) the skill and genius in producing them at home; and of rising credit and respectability of our country; the facilitating the intercourse between the distant parts general and increasing good-will towards the Gov- of our country by a due attention to the Post-Office and post-roads. ernment of the Union; and the concord, peace, and plenty with which we are blessed, are circumstances auspicious in an eminent degree to our national pros perity. Nor am I less persuaded that you will agree with me in opinion, that there is nothing which can better deserve your patronage than the promotion of science and literature. Knowledge is in every country In resuming your consultations for the general In one in good, you cannot but derive encouragement from the surest basis of public happiness. the reflection that the measures of the last session which the measures of Government receive their have been as satisfactory to your constituents, as the impression so immediately from the sense of the comnovelty and difficulty of the work allowed you to munity as in ours, it is proportionably essential. To hope. Still further to realize their expectations, the security of a free constitution it contributes in vaand to secure the blessings which a gracious Provi-rious ways. By convincing those who are entrusted dence has placed within our reach, will in the course with the public administration, that every valuable of the present important session, call for the cool and end of Government is best answered by the enlightdeliberate exertion of your patriotism, firmness, and ened confidence of the people, 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 burthens 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. 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 manufactures as tend to render them independent of others for essential, particularly 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 officers 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 relieved the inhabitants of our Southern and Western frontiers from their depredations; but you will perceive, from the information 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 aggressors. Whether this desirable object will be best promoted by affording aids 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 Legislature. Gentlemen of the House of Representatives: I saw with peculiar pleasure, at the close of the last session, the resolution entered into by you, expressive of your opinion that an adequate provision for the support of the public credit is a matter of high importance to the national honor and prosperity. In this sentiment I entirely concur. And, to a perfect confidence in your best endeavors to devise such a provision 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 The interests of the United States require that measure in which the character and permanent inwould be superfluous to specify inducements to a our intercourse with other nations should be facili-terests of the United States are so obviously and so tated by such provisions 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 nature of their appointments, be defined by law; and a competent fund designated for deeply concerned, and which has received so explicit JANUARY 11, 1790.] Answer to the President's message. UNITED STATES, January 8, 1790. The President of the United States having retired, and the two Houses being separated: Ordered, That Messrs. KING, IZARD, and PATERSON, be a committee to prepare and report the draft of an address to the President of the United States, in answer to his speech delivered this day to both Houses of Congress, in the Senate Chamber. Ordered, That the speech of the President of the United States, delivered this day, be print ed for the use of the Senate. The Senate adjourned to Monday next. MONDAY, January 11. A message from the President of the United States, by Mr. LEAR, his Secretary, was read as followeth: Gentlemen of the Senate: I have directed Mr. LEAR, my private Secretary, to lay before you a copy of the adoption and ratification of the Constitution of the United States by the State of North Carolina, together with a copy of a letter from his Excellency SAMUEL JOHNSTON, President of the Convention of said State, to the President of the United States. GEO. WASHINGTON. The originals of the papers which are herewith transmitted to you will be lodged in the office of the Secretary of State. UNITED STATES, January 11, 1790. Ordered, That the message from the President of the United States, with the papers accompanying the same, lie on the files of the Senate. Mr. KING, on behalf of the committee, reported an address to the President of the United States, in answer to his speech to both Houses of Congress, which being amended, was adopted as followeth: To the President of the United States. 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 Constitution 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 goodness of it has appeared. The information which we have received, that the measures of the last session have been as satisfactory 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 [SENATE in resuming our deliberations, in the present session, for the public good; and every exertion 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 effectual means of preserving peace is to be prepared for war; and our attention shall be directed to the objects of common defence, 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 establishment of such troops as may be deemed indispensable, we shall, with pleasure, provide for the comfortable support of the 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 for the punishment of aggressors. The uniformity effectual means for their protection, and, if necessary, of the currency, and of weights and measures; 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 the Post-Office and post-roads; a provision for the support of the Department of Foreign Affairs, and a uniform rule of naturalization, by which foreigners may be admitted to the rights of citizens, are objects which shall receive such early attention as their respective importance requires. Literature and Science are essential to the preservation of a free constitution: the measures of Government should, therefore, be calculated to strengthen the confidence that is due to that important truth. Agriculture, the wealth and strength of our confederated RepubCommerce, and Manufactures, forming the basis of lic, must be the frequent subject of our deliberation, and shall be advanced by all proper means in our power. Public Credit being an object of great importance, we shall cheerfully co-operate in all proper measures 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 cooperating with us, on all occasions, in such measures as will insure to our fellow-citizens the blessings which they have a right to expect from a free, efficient, and equal Government. The Senate then entered on Executive busi. ness, and the following message from the President of the United States was read: UNITED STATES, January 11, 1790. Gentlemen of the Senate: Having advised with you upon the terms of a treaty to be offered to the Creek Nation of Indians, I think it proper you should be informed of the result of that business, previous to its coming before you in your Legislative capacity. I have therefore directed the Secretary for the Department of War to lay before you my instructions to the Commissioners, and their report in consequence thereof. The apparently critical state of the Southern fron A message from the President of the United States was received by the Secretary of War. Gentlemen of the Senate, and House of Representatives: [JANUARY 21, 1790. 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 Senate having returned to the Senate Chamber, adjourned. FRIDAY, January 15. Ordered, That Messrs. ELLSWORTH, HAWKINS, and PATERSON, be a committee to bring in a bill, in addition to "An act to establish the Judicial Courts of the United States." MONDAY, January 18. A letter was read from Gerard Bancker, the I lay before you a statement of the South-western Treasurer of the State of New York, presentfrontiers, and of the Indian Department, which haveing, on behalf of the Legislature, a copy of the been submitted to me by the Secretary for the De- revised laws of that State. partment of War. I conceive, that an unreserved but confidential communication of all the papers relative to the recent negotiations with 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. Ordered, That the message from the Presi dent of the United States, together with the papers accompanying the same, lie for consideration. Ordered, That the Address to the President of the United States, in answer to his speech, be presented by the Vice President, attended by the Senate, and that the committee which reported the address wait on the President, and desire to be informed at what time and place he will receive the same. Mr. KING, in behalf of the committee, reported that it would be agreeable to the President to receive the address of the Senate, in answer to his speech, on Thursday next, at 11 o'clock, at his own house. WEDNESDAY, January 13. JONATHAN ELMER, from New Jersey, attended. BENJAMIN HAWKINS, from North Carolina, appeared, produced his credentials, and took his seat. The Vice President administered the oath to Mr. HAWKINS. THURSDAY, January 14. Agreeably to the order of the 12th instant, the Senate waited on the President of the United States, at his own house, where the Vice President, in their name, delivered to the President of the United States the address agreed to on the 11th instant: To which the President of the United States was pleased to make the following reply: Gentlemen: I thank you for your address, and for the assurances which it contains of attention to the seyeral matters suggested by me to your consideration. Ordered, That this letter lie for consideration. A letter from Gaetan Dago di Domco, proposing the plan of a truce between the United States and the regencies of Algiers and Tunis, was read. Ordered, That this letter lie on the files of the Senate. The following message was received from the President of the United States, by the Secretary of War: Gentlemen of the Senate, and House of Representatives: The Secretary for the Department of War has submitted to me certain principles, to serve as a plan for the general arrangement of the militia of the United States. Conceiving the subject to be of the highest 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 Congress, for their information, in order that they may make such use thereof as they may judge proper. G. WASHINGTON. UNITED STATES, January 21, 1790. Ordered, That the message from the President of the United States lie for consideration. Ordered, That the Senate be supplied with newspapers as usual. [SENATE. Ordered, That a message be sent to the House of Representatives, requesting their concurrence in this resolve. The following message from the President of the United States, by his Secretary, was read: Gentlemen of the Senate, and House of Representatives: I have received from his Excellency, John E. Howard, Governor of the State of Maryland, an act of the Legislature of Maryland, 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, together with the 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. G. WASHINGTON. UNITED STATES, January 25, 1790. Ordered, That the message from the Presi A message from the House of Representatives informed the Senate that they had agreed to the ap-dent of the United States, together with the pointment of a committee on their part, consisting papers accompanying the same, lie for consiof Messrs. SHERMAN, THATCHER, HARTLEY, WHITE, deration. and JACKSON, to confer with the committee appointed on the part of the Senate, to consider and report whether or not the business begun previous to the late adjournment of Congress, shall now be proceeded in as if no adjournment had taken place. FRIDAY, January 22. TUESDAY, January 26. 66 Ordered, That Messrs. ELLSWORTH, JOHNSON, STRONG, PATERSON, and HAWKINS, be a committee to report “a bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment." Mr. ELLSWORTH, on behalf of the "joint committee of the two Houses, appointed to consider and report whether or not the business be- A message from the House of Representatives angun previous to the late adjournment of Con-nounced their agreement with the Senate in their gress, shall now be proceeded in as if no adjournment had taken place," reported. Ordered, That the consideration of the re-, port be deferred until Monday next. MONDAY, January 25. The Senate proceeded to consider the report of the joint committee of the Senate and House of Representatives, appointed the 20th instant, to wit: "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;" And, on motion that the report of the committee be postponed, it passed in the negative. And, upon the question to agree to the report of the committee, the yeas and nays being required by one-fifth of the Senators present: YEAS.--Messrs. Butler, Dalton, Ellsworth, Few, Hawkins, Henry, Johnson, King, Schuyler, and Strong.--10. NAYS.-Messrs. Bassett, Ellmer, Izard, Langdon, Maclay, Morris, Paterson, and Wingate.--8. So it passed in the affirmative. And it was Resolved, 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. resolution, 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. Mr. ELLSWORTH, on behalf of the committee, reported a bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment. at this time. Ordered, That this bill have the first reading Ordered, That this bill have the second reading to-morrow. The letter from Gaetan Dago di Domco was read. Ordered, That the above letter, and the paper accompanying it, be sent to the House of Representatives. WEDNESDAY, January 27. The Senate proceeded to the second reading of the "bill defining the crimes and offences that shall be cognizable under the authority of after progress, the United States, and their punishment;" and, Ordered, That the further consideration thereof be postponed until to-morrow. A message from the House of Representatives informed the Senate that they had passed an act for giving effect to the several acts therein mentioned, in respect to the State of North Carolina. |