SAMUEL JOHNSTON, from North Carolina, appeared, produced his credentials, and took his seat in the Senate. The Vice President administered the oath to Mr. JOHNSTON. "That the court before whom any person shall be convicted of the crime of murder, for which he ortain crimes against the United States was carThe engrossed bill for the punishment of cershe shall be sentenced to suffer death, may, at their discretion, add to the judgment, that the body of such ried to the House of Representatives for conoffender shall be delivered to a surgeon for dissection; and the marshal who is to cause such sentence to be executed, shall, accordingly, deliver the body of such offender, after execution done, to such surgeon as the court shall direct, for the purpose aforesaid: Provided, that such surgeon, or some other person by him appointed for the purpose, shall attend to receive and take away the dead body, at the time of the execution of such offender." It passed in the affirmative. Resolved, That this bill do pass as amended; that the title be "An act for the punishment of certain crimes against the United States;" that it be engross ed, and sent to the House of the Representatives for concurrence. 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 directed my Secretary to lay before you the copy of an act of the Legislature of Rhode Island and Providence Plantations, entitled "An act for calling a Convention to take into consideration the Constitution proposed for the United States, passed on the 17th day of September, A. D. 1787, by the General Convention held at Philadelphia," together with the copy of a letter accompanying said act, from his Excellency John Collins, Governor of the State of Rhode Island and Providence Plantations, to the Pre sident of the United States. The originals of the foregoing act and letter will be deposited in the office of the Secretary of State. GEO. WASHINGTON. UNITED STATES, January 28, 1790. Ordered, That the message, together with the papers accompanying it, lie for considera tion. The Senate proceeded to the second reading of the bill, giving effect to the several acts therein mentioned, in respect to the State of North Carolina. Ordered, That this bill be referred to a special committee, to consist of Messrs. HAWKINS, ELLSWORTH, and Butler, currence. A letter from Samuel Meredith, Treasurer of the United States, to the Vice President; with his accounts to the first of Jan. 1790, were read. Ordered, That the said letters and papers lie for consideration. On motion, the Senators from the State of North Carolina proceeded to draw lots for their classes, in conformity to the resolve of the Senare of May the 14th, 1789; and two lots, Nos. 2 and 3, being by the Secretary rolled up and put into box, Mr. JOHNSTON drew lot No. 2, whose seat in the Senate shall accordingly be vacated at the expiration of the fourth year. And Mr. HAWKINS drew lot No, 3, whose seat in the Senate shall accordingly be vacated at the expiration of the sixth year. MONDAY, February 1. Mr. JOHNSTON and Mr. HAWKINS laid before the Senate an exemplified copy of the act of the Legislature of North Carolina, entitled "An act for the purpose of ceding to the United States of America certain western lands therein described," which, being read, was ordered to lie for consideration. Mr. HAWKINS, on behalf of the committee appointed the 28th of January, upon the bill for giving effect to the several acts therein mentioned, in respect to the State of North Caro⚫ lina, reported sundry amendments, which were accepted. Ordered, That the rules be so far dispensed with, as that this bill be now read the third time. Resolved, That the Senate do concur in this bill, with thirteen amendments. Ordered, That the bill be carried to the House of Representatives for concurrence in the amendments. 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 Alexander Martin, Governor of the State of North Carolina, an FEBRUARY 9, 1790.] Proceedings. [SENATE. act of the General Assembly of that State, entitled presentatives, agreeable to the joint rules of the "An act for the purpose of ceding to the United two Houses. States of America, certain Western Lands therein described," and have directed my Secretary to lay States. Ordered, That the communication made by the Senators from the State of North Carolina, together with the President's message of this day, be committed to Messrs. HENRY, IZARD, ELLSWORTH, BASSETT, and FEW. TUESDAY, February 2. The Senate proceeded to consider the message from the House of Representatives of this day, and Ordered, That Mr. WINGATE be a committee on their part for the purposes therein men tioned. THURSDAY, February 4. No material business was done to-day. FRIDAY, February 5. No material business done to-day. MONDAY, February 8. A memorial was read from ROBERT MORRIS, The following message from the House of late Superintendent of the Finances of the Representatives was read, as follows: In the House of Representatives of the United States, United States, in relation to the settlement of his accounts (a copy of which will be found in the appendix at the end of this volume). The memorial was referred to a committee, consistof Messrs. IZARD, HENRY, and ELLSWORTH. "The House proceeded to consider the amendments proposed by the Senate to the bill, entitleding "An act for giving effect to the several acts therein mentioned in respect to the State of North Carolina;" whereupon, "Resolved, That this House doth agree to all the said amendments, with an amendment to the last amendment, as follows:" "Strike out the word 'second' to the end of the amendment, and, in lieu thereof, insert 'section of the act' entitled "An act to suspend part of 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, and for other purposes,' passed the sixteenth day of September last, shall, with respect to the inhabitants and citizens of the State of Rhode Island and Providence Plantations;" and also, that the fourth section of the said act shall continue in force until the first day of April next, and no longer." Mr. MORRIS presented the petition of Francis Bailey, upon his new invented method of making types, which was read. Ordered, That the petition be committed to Messrs. MORRIS, IZARD, and LANGDON. The Senate proceeded to consider the message from the House of Representatives of this day, and Resolved, That they agree to the amendment proposed to the amendment of the Senate, with an amendment, by striking out what follows the word 'Plantations,' and inserting these words: "be revived; and also, that the fourth section of the said act shall be revived, and both continue in force until the first day of April next, and no longer." TUESDAY, February 9. A message from the House of Representatives informed the Senate, that they have passed a bill providing for the actual enumeration of the inhabitants of the United States, to which they request the concurrence of the Senate. This bill received its first reading, and was ordered to have its second reading on Friday next. The Senate then entered on Executive busi ness. The following messages from the President of the United States were read: UNITED STATES, February 9, 1790. Gentlemen of the Senate: You will perceive, from the papers herewith delivered, and which are enumerated in the annexed list, that a difference subsists between Great Britain and the United States, relative to the boundary line between our Eastern boundary and their territories. A plan for deciding this difference was laid before the late Congress; and whether that, or some other plan of a like kind, would not now be eligible, is submitted to your consideration. In my opinion it is desirable that all questions between this and other nations be speedily and amicably settled; and in this instance I think it adviseable to postpone any negotiations on the subject until I shall be informed of the result of your deliberations, and receive your advice as to the propositions most proper to be offered on the part of the United States. As I am taking measures for learning the intentions of Great Britain respecting the further deten. Ordered, That a message be sent to the tion of our posts, &c., I am the more solicitous that House of Representatives accordingly. WEDNESDAY, February 3. A message from the House of Representatives informed the Senate, that they have appointed Mesers. GILMAN and WHITE a Committee on Enrolled Bills, on the part of the House of Re the business now submitted to you may be prepared UNITED STATES, February 9, 1790. Gentlemen of the Senate: I nominate, as Collectors, Naval Officers, and Surveyors for the ports of the several districts in the State of North Carolina, the persons whose names are respectively annexed to the offices in the following list: Wilmington District.-Wilmington, James Read, Collector; John Walker, Naval Officer; Thomas Callender, Surveyor. Newbern District.--Newbern, John Daves, Collector; Beaufort, John Easton, Surveyor. Washington District.--Washington, Nathan Keais, Collector. Edenton District.-Edenton, Thomas Benbury, Collector; Hartford, Joshua Skinner, Jun., son of William, Surveyor; Murfreesbourgh; Hardy Murfree, Surveyor; Plymouth, Levi Blount, Surveyor; Skewarke, Henry Hunter, Surveyor; Winton, William Wynne, Surveyor; Bennit's Creek, John Baker, Surveyor. Camden District, Planksbridge on Sawyer's Creek, Isaac Gregory, Collector; Nixonton, Hugh Knox, Surveyor; Indiantown, Thomas Williams, Surveyor; Pasquotank River Bridge, Edmund Sawyer, Surveyor; Newbiggen Creek, Elias Albertson, Surveyor. I likewise nominate Samuel Shaw to fill the office of Consul of the United States of America, at Can ton, in China. Temporary Appointments. Nominations. Resignations. S W. Drayton, G. WASHINGTON. Thomas Johnson, District Judge of Mary-William Paca, Robert H. Harrison, one of the Associate? Judges of the Supreme Court, Virginia, Thomas Pinckney, Dist. Judge of South George Handley, Collector of the port of Peyton Short, Collector of the port of Asher Miller, Surveyor of the dletown in Connecticut, port of Mid-7 Cyrus Griffin, W. Nelson, Jun. William Nelson, Jun. [FEBRUARY 10, 1790. constitution, by temporary appointments, which you will find mentioned in the second column of the list. These appointments will expire with your present session, and indeed ought not to endure longer than until others can be regularly made. For that purpose, I now nominate to you the persons named in the third column of the list, as being, in my opinion, qualified to fill the offices opposite to their names in the first. G. WASHINGTON. Ordered, That the consideration of the message from the President of the United States, in respect to the "difference that subsists between Great Britain and the United States, relative to the Eastern boundary," be postponed for consideration. Ordered, That the consideration of the message from the President of the United States, relative to "certain persons who decline the acceptance of offices, and to certain temporary appointments during the recess," be postponed till to-morrow. The nominations of Collectors, &c. for North Carolina were confirmed. WEDNESDAY, February 10. Mr. IZARD, from the committee appointed to take into consideration the memorial of Robert Morris, made a report, the consideration of which was postponed till to-morrow. The Senate then entered upon Executive business, and proceeded to consider the nominations made by the President of the United States in his messages of the 9th instant, and, On the question to advise and consent to the appointment of Samuel Shaw, to fill the office of Consul of the United States of America, at Canton, in China, it passed in the affirmative. On the question to advise and consent to the appointment of James Iredell, to be one of the Associate Judges of the Supreme Court, it passed in the affirmative. On the question to advise and consent to the appointment of William Paca, to be District Judge of Maryland, it passed in the affirmative. On the question to advise and consent to the appointment of Cyrus Griffin, to be District Judge of Virginia, it passed in the affirmative. On the question to advise and consent to the appointment of William Nelson, Jun. to be Attorney for the District of Virginia, it passed in the affirmative. On the question to advise and consent to the appointment of William Drayton, to be District Judge of South Carolina, it passed in the affirmative. On the question to advise and consent to the appointment of Christopher Hillary, to be Collector of the port of Brunswick, in Georgia, it passed in the affirmative. On the question to advise and consent to the appointment of Richard Taylor, to be Collector of the port of Louisville, in Kentucky, it passed in the affirmative. On the question to advise and consent to the appointinent of Comfort Sage to be Surveyor of FEBRUARY 18, 1790.] Proceedings. the port of Middletown, in Connecticut, it passed in the affirmative. [SENATE. tants of the United States; reported sundry amendments, which were accepted, and, Ordered, That the sixth section be recommitted. WEDNESDAY, February 17. The Senate proposed to consider the message from the President of the United States, of the 9th instant, in respect to "the difference that subsists between Great Britain and the United States, relative to the Eastern boundary;" and Mr. PATERSON, on behalf of the committee to Ordered, That the message, with the papers whom was referred the sixth section of the bill accompanying the same, be committed to providing for the actual enumeration of the inMessrs. STRONG, BUTLER, PATTERSON, HAW-habitants of the United States, reported, that KINS, and JOHNSTON, to report what is proper to no alteration is necessary; be done thereon. THURSDAY, February 11. The Senate proceeded to consider the report of the Committee upon the memorial of the Hon. ROBERT MORRIS; and, upon the question to accept the report-It passed in the affirmative: whereupon, Resolved, by the Senate and House of Representa. tives, 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 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 the President; and that five dollars per diem be allowed to each of the said commissioners, while they shall be employed in that service. Ordered, That this resolve be sent to the House of Representatives for concurrence. Ordered, That Messrs. MORRIS, LANGDON, BUTLER, DALTON, and ELLSWORTH, be a Committee, to report, if they think it expedient, a plan for the regulation of the trade of the United States with the countries and settlements of the European powers in America. MONDAY, February 15. And the report was accepted. Ordered, That the bill have the third reading to-morrow. Mr. HENRY, on behalf of the committee appointed February 1st, to whom was referred the communication by the Senators from the State of North Carolina, of the act of their Legislature, entitled "An act for the purpose of ceding to the United States of America certain Western Lands, therein described;" together with the message from the President of the United States, of February 1st, on that subject, reported. Ordered, That to-morrow be assigned for the consideration of the report. THURSDAY, February 18. The Senate proceeded to the third reading of the bill providing for the actual enumeration of the inhabitants of the United States. Resolved, That this bill do pass with twenty-nine amendments. Ordered, That the bill be carried to the House of Representatives for concurrence in the amendments. On motion, Ordered, That the consideration of the report of the committee to whom was referred the communication by the Senators of the State of North Carolina, of the act of the Legislature of that State, entitled "An act for the purpose of ceding to the United States of America certain Western Lands, therein described," together with the message from the President of the United States, of February 1st, on that subject, be postponed until Monday next. The Senate then entered upon Executive business. The following message from the President of the United States was read: UNITED STATES, February 18, 1790. Gentlemen of the Senate: A letter from BENJAMIN FRANKLIN, Esquire, to the Vice President, enclosing the copy of a By the mail of last evening I received a letter from letter from James Pemberton, with a memorial, his Excellency JoHN HANCOCK, Governor of the Comsigned Benjamin Franklin, in behalf of a soci-monwealth of Massachusetts, enclosing a resolve of ety of which he is President; and an address, signed Nicholas Waln, in behalf of the yearly meeting, of which he is Clerk; together with an address signed George Bowne, in hehalf of the representatives of a society, of which he is clerk, were severally read. the Senate and House of Representatives of that Commonwealth, and sundry documents relative to the Eastern boundary of the United States. I have directed a copy of the letter and resolve to be laid before you. The documents which accompanied them, being but copies of some of the papers which were delivered to you with my communication the 9th of this month, I have thought it unnecessary to lay them before you at this time. They will be deMr. PATERSON, on behalf of the committee posited in the Office of the Secretary of State, toappointed the 12th February, on the bill provi-gether with the originals of the above mentioned letding for the actual enumeration of the inhabi-ters and resolve. TUESDAY, February 16. GEO. WASHINGTON. SENATE.] Proceedings. [FEBRUARY 26, 1890. Ordered, That the message, and papers accom-ring the petition of Francis Bailey to the Secretary panying the same, be committed to the commit- of the Treasury, the said Secretary reports: tee appointed the 10th February, to take into That he has received from the said Francis Bailey consideration the President's message of a sim- a communication of the invention to which he alludes ilar nature. in his petition. FRIDAY, February 19. No material business done to-day. MONDAY, February 22. Mr. MORRIS, in behalf of the committee to whom was referred the petition of Francis Bailey, reported: whereupon, Ordered, That the said petition be referred to the Secretary of the Treasury to report. The Senate proceeded to consider the report of the committee appointed February 1st, to whom was referred the communication by the Senators from the State of North Carolina, of the act of their Legislature, entitled "An act for the purpose of ceding to the United States of America certain Western Lands, therein described;" together with the message from the President of the United States, of February 1st, on that subject, to wit: "That it will be expedient for Congress, in 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," and Resolved, That the Senate do accept the report. Ordered, That it be sent to the House of Representatives for their concurrence. A message from the House of Representatives informed the Senate, that they agree to all the amendments proposed by the Senate to the bill, entitled "An act for the actual enumeration of the inhabitants of the United States," except the 220, 230, 21th, 25th, and 26th; to which they disagree. The Senate proceeded to consider the above recited message from the House of Representatives, and Resolved, That they do recede from their 22d, 23d 24th, 25th, and 26th amendments to the bill therein mentioned. TUESDAY, February 23. Ordered, That Messrs. ELLSWORTH, STRONG, and IZARD, be a committee to bring in a bill for declaring 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. Ordered, That Messrs. HAWKINS, LANGDON, and FEw, be a committee to prepare and report a rule, determining in what cases a re-consideration of a vote of Senate shall be admissible. The report of the Secretary of the Treasury upon the petition of Francis Bailey was read, as follows: "Pursuant to the above order of the Senate of the United States, of the 22d of February instant, refer That it appears to him difficult to decide to what extent that invention will afford the security against counterfeiting which is the object of it; That, nevertheless, he is of opinion, it will be likely to add to the difficulty of that pernicious practice in a sufficient degree to merit the countenance of Government, by securing to the petitioner an exclusive right to the use of the invention; That, with regard to the employment of the petitioner, to print such papers of a public nature, as may require precaution against counterfeit, this, in matter of discretion, to be regulated by the success the judgment of the Secretary, ought to remain a of the experiment, and the convenience of the public. All of which is humbly submitted. ALEXANDER HAMILTON, Secretary of the Treasury. Ordered, That it lie for consideration. On motion that a committee be appointed to consider 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. Ordered, That this motion lie for cousideration. WEDNESDAY, February 24. On motion, Ordered, That Messrs. DALTON, MORRIS, IZARD, LANGDON, and JOHNSTON, be a committee "to consider what measures may be necessary to be adopted relative to the inspec tion of exports from the United States; and, if they think proper, to prepare a bill on that subject." Mr. HAWKINS, on behalf of the committee appointed to prepare and report a rule, determining in what cases a re-consideration of a vote of Senate shall be admissible, reported. Ordered, That the report lie for consideration. THURSDAY, February 25. The Senate proceeded to consider the report of the committee appointed the 23d instant, "to prepare and report a rule determining in what cases a re-consideration of a vote of Senate shall be admissible;" which, being amended, was accepted: whereupon, 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 re-consideration of it. FRIDAY, February 26. Ordered, That Messrs. BASSET, FEW, HENto the committee appointed the 11th February, RY, KING, PATERSON, and HAWKINS, be added "to report (if they think it expedient) a plan for the regulation of the trade of the United States with the countries and settlements of the European powers in America." |