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THE SENATE OF THE UNITED STATES,
AT THE FIRST SESSION OF THE THIRD CONGRESS, BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793.
NOTE TO THE READER.
To account for the absence of any Report of Debates in the Senate in the Third Congress, it is proper here to repeat that the Senate sat with closed doors during its Legislative as well as its Executive sittings, from the beginning of the First Congress up to the 20th day of February, 1794, when a proposition succeeded, which had frequently before failed, in that body, that the Legislative sittings of the Senate should thenceforth, after the end of that session of Congress, be conducted with open doors and galleries.
MONDAY, December 2, 1793.
JOHN ADAMS, Vice President of the United
GEORGE CABOT, from Massachusetts;
AARON BURR, from New York;
JOHN RUTHERFORD, from New Jersey ;
the United States; which was read, and ordered to lie on the table.
The VICE PRESIDENT also communicated a let
ter from GEORGE READ, of Delaware, resigning his seat in the Senate; which was read, and ordered to lie on the table.
Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.
Ordered, That Messrs. IZARD and LANGDON be a joint committee on the part of the Senate, together with such committee as the House of Representatives may appoint, on their part, to wait on the PRESIDENT OF THE UNITED STATES, and
ROBERT MORRIS and ALBERT GALLATIN, from notify him that a quorum of the two Houses is
JAMES MONROE, from Virginia; JOHN EDWARDS, from Kentucky; BENJAMIN HAWKINS, from North Carolina; RALPH IZARD, from South Carolina. Mr. LANGDON, the President of the Senate pro tempore, administered the oath required by law to the VICE PRESIDENT OF THE UNITED STATES. The Secretary read the credentials of the following Senators appointed for the terms respect
ively mentioned therein:
PIERCE BUTLER, from South Carolina;
The VICE PRESIDENT administered the oath required by law to Mr. BUTLER, Mr. GALLATIN, and Mr. MARTIN, respectively, and they took their
STEPHEN MIX MITCHELL, appointed by the State of Connecticut a Senator for two years, in the place of ROGER SHERMAN, deceased, produced his credentials, which being read, the VICE PRESIDENT administered to him the oath required by law, and
he took his seat.
The VICE PRESIDENT laid before the Senate the petition of Conrad Laub and others, relative to the appointment of Mr. GALLATIN, a Senator of
assembled, and ready to receive any communications that he may be pleased to make to them.
A message from the House of Representatives informed the Senate that the House had elected FREDERICK A. MUHLENBERG their Speaker, and that they have concurred with the Senate in appointing a joint committee to wait on the PRESI
DENT OF THE UNITED STAtes.
Mr. IZARD, from the joint committee who had waited on the PRESIDENT, reported that the PRESIDENT would meet the two Houses to-morrow, at 12 o'clock, in the Senate Chamber.
of affectionate partiality with which I have been honored by my country, on the other, it could not prevent an earnest wish for that retirement from which no private consideration should ever have torn me. But, influenced by the belief that my conduct would be estimated according to its real motives, and that the people, and the authorities derived from them, would support exertions having nothing personal for their object, I have obeyed the suffrage which commanded me to resume the Executive power, and I humbly implore that Being on whose will the fate of nations depends, to crown with success our mutual endeavors for the general hap, piness.
As soon as the war in Europe had embraced those Powers with whom the United States have the most extensive relations, there was reason to apprehend that our intercourse with them might be interrupted, and our disposition for peace drawn into question by the suspicions too often entertained by belligerent nations. It seemed, therefore, to be my duty to admonish our citizens of the consequences of a contraband trade, and of hostile acts to any of the parties, and to obtain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities belonging to our situation. Under these impressions, the Proclamation which will be laid before you was issued.
In this posture of affairs, both new and delicate, I resolved to adopt general rules, which should conform to the treaties and assert the privileges of the United States. These were reduced into a system, which will be communicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes permitted by our treaty of commerce with France to be brought into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, improve, or enforce this plan of procedure; and it will probably be found expedient to extend the legal code and the jurisdiction of the Courts of the United States to many cases which, though dependent on principles already recognised, demand some further provisions.
Where individuals shall, within the United States, array themselves in hostility against any of the Powers at war, or enter upon military expeditions or enterprises within the jurisdiction of the United States; or usurp and exercise Judicial authority within the United States; or where the penalties on violations of the law of nations may have been indistinctly marked, or are inadequate these offences cannot receive too early and close an attention, and require prompt and decisive remedies.
Whatsoever those remedies may be, they will be well administered by the Judiciary, who possess a long-established course of investigation, effectual process, and officers in the habit of executing it.
I cannot recommend to your notice measures for the fulfilment of our duties to the rest of the world, without again pressing upon you the necessity of placing ourselves in a condition of complete defence, and of exacting from them the fulfilment of their duties towards us. The United States ought not to indulge a persuasion that, contrary to the order of human events, they will forever keep at a distance those painful appeals to arms with which the history of every other nation abounds. There is a rank due to the United States among nations, which will be withheld, if not absolutely lost, by the reputation of weakness. If we desire to avoid insult, we must be able to repel it; if we desire to secure peace, one of the most powerful instruments of our rising prosperity, it must be known that we are at all times ready for war. The documents which will be presented to you will show the amount and kinds of arms and military stores now in our magazines and arsenals; and yet an addition even to these supplies cannot with prudence be neglected, as it would leave nothing to the uncertainty of procuring of warlike apparatus in the moment of public danger.
Nor can such arrangements, with such objects, be exposed to the censure or jealousy of the warmest friends of Republican Government. They are incapable of abuse in the hands of the Militia, who ought to possess a pride in being the depository of the force of the Republic, and may be trained to a degree of energy equal to every military exigency of the United States. But it is an inquiry which cannot be too solemnly pursued, whether the act "more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States," has organized them so as to produce their full effect; whether your own experience in the several States has not detected some imperfections in the scheme; and whether a material feature, in an improvement of it, ought not to be to afford an opportunity for the study of those branches of the military art which can scarcely ever be attained by practice alone?
The connexion of the United States with Europe has become extremely interesting. The occurrences which relate to it and have passed under the knowledge of the Executive, will be exhibited to Congress in a subsequent communication.
When we contemplate the war on our frontiers, it may be truly affirmed that every reasonable effort has been made to adjust the causes of dissension with the Indians north of the Ohio. The instructions given to the Commissioners evince a moderation and equity proceeding from a sincere love of peace and a liberality having no restriction but the essential interests and dignity of the United States. The attempt, however, of an amicable negotiation having been frustrated, the troops have marched to act offensively. Although the proposed treaty did not arrest the progress of military preparation, it is doubtful how far the advance of the seaIn like manner, as several of the Courts have doubt-son, before good faith justified active movements, may ed, under particular circumstances, their power to liber-retard them, during the remainder of the year. From ate the vessels of a nation at peace, and even of a citi- the papers and intelligence which relate to this importzen of the United States, although seized under a false ant subject, you will determine whether the deficiency color of being hostile property, and have denied their in the number of troops granted by law shall be compower to liberate certain captures within the protection pensated by succors of Militia, or additional encourageof our territory, it would seem proper to regulate their ments shall be proposed to recruits. jurisdiction in these points; but, if the Executive is to be the resort in either of the two last-mentioned cases, it is hoped that he will be authorized by law to have facts ascertained by the Courts, when, for his own information, he shall request it.
An anxiety has been also demonstrated by the Executive for peace with the Creeks and the Cherokees. The former have been relieved with corn and with clothing, and offensive measures against them prohibited during the recess of Congress. To satisfy the complaints
of the latter, prosecutions have been instituted for the violences committed upon them. But the papers which will be delivered to you, disclose the critical footing on which we stand in regard to both those tribes, and it is with Congress to pronounce what shall be done.
Gentlemen of the Senate, and
of the House of Representatives :
The several subjects to which I have now referred open a wide range to your deliberations, and involve some of the choicest interests of our common country. Permit me to bring to your remembrance the magnitude of your task. Without an unprejudiced coolness, the welfare of the Government may be hazarded; without harmony, as far as consists with freedom of sentiment, its dignity may be lost. But, as the Legislative proceedings of the United States will never, I trust, be reproached for the want of temper or of candor, so shall not the public happiness languish from the want of my strenuous and warmest co-operation. G. WASHINGTON.
After they shall have provided for the present emergency, it will merit their most serious labors to render tranquility with the savages permanent, by creating ties of interest. Next to a rigorous execution of justice on the violators of peace, the establishment of commerce with the Indian nations, in behalf of the United States, is most likely to conciliate their attachment. But it ought to be conducted without fraud, without extortion, with constant and plentiful supplies, with a ready market for the commodities of the Indians, and a stated price for what they give in payment and receive in exchange. Individuals will not pursue such a traffic, unless they be allured by the hope of profit; but it will be enough for the United States to be reimbursed only. Should this recommendation accord with the opinion of A message from the House of Representatives Congress, they will recollect that it cannot be accom-informed the Senate that they have resolved that plished by any means yet in the hands of the Execu
Gentlemen of the House of Representatives :
The Commissioners charged with the settlement of accounts between the United States and individual States concluded their important functions within the time limited by law, and the balances struck in their Report (which will be laid before Congress) have been placed on the books of the Treasury.
On the first day of June last, an instalment of one million of florins became payable on the Loans of the United States in Holland. This was adjusted by a prolongation of the period of reimbursement, in nature of a new Loan, at an interest of five per cent., for the term of ten years, and the expenses of this operation were a commission of three per cent.
The first instalment of the Loan of two millions of dollars from the Bank of the United States has been paid, as was directed by law. For the second it is necessary that provision should be made.
No pecuniary consideration is more urgent than the regular redemption and discharge of the Public Debt; on none can delay be more injurious, or an economy of time more valuable.
PHILADELPHIA, December 3, 1793.
The PRESIDENT having retired, the two Houses separated.
two Chaplains, of different denominations, be appointed for the present session, one by each House, who shall interchange weekly; to which they desire the concurrence of the Senate.
The Senate concurred with the above proposition, and appointed the Right Reverend Bishop WHITE to be Chaplain on the part of the Senate. A Message was received from the PRESIDENT OF THE UNITED STATES, Communicating his Proclamation of the 22d of April, 1793, together with the Rules established by the PRESIDENT for the government of the Executive Officers, in cases of vessels equipping in the ports of the United States. The Proclamation and Rules were read, and ordered to lie on the table.
On motion, a committee of five was appointed to report the draft of an Address to the PRESIDENT, in answer to his Speech to both Houses.
Messrs. ELLSWOrth, Butler, Izard, Langdon, and RUTHERFORD, were named.
WEDNESDAY, December 4.
The VICE PRESIDENT laid before the Senate a
The productiveness of the public revenues hitherto Letter from the Secretary of War, with sundry has continued to equal the anticipations which were papers therein referred to; which Letter and paformed of it, but it is not expected to prove commensu-pers were, in part, read, and the Senate then adrate with all the objects which have been suggested. Some auxiliary provisions will, therefore, it is presumed, be requisite; and it is hoped that these may be made consistently with a due regard to the convenience of our citizens, who cannot but be sensible of the true wisdom of encountering a small present addition to their contributions, to obviate a future accumulation of burdens.
But here I cannot forbear to recommend a repeal of the tax on the transportation of public prints. There is no resource so firm for the Government of the United States as the affections of the people, guided by an enlightened policy; and to this primary good nothing can conduce more than a faithful representation of public proceedings, diffused without restraint, throughout the United States.
An estimate of the appropriations necessary for the current service of the ensuing year, and a statement of a purchase of arms and military stores, made during the recess, will be presented to Congress.
THURSDAY, December 5.
FREDERICK FRELINGHUYSEN, from New Jersey, appeared, produced his credentials, and, the usual oath being administered to him, took his seat.
The reading of the papers yesterday received from the Secretary of War was resumed; and, after progress, postponed.
The following Message was received from the
of the House of Representatives :
As the present situation of the several nations of Europe, and especially of those with which the United States have important relations, cannot but render the state of things between them and us matter of interesting inquiry to the Legislature, and may indeed give
rise to deliberations to which they alone are competent, I have thought it my duty to communicate to them certain correspondences which have taken place.
and I may expect to learn the result of his special instructions in time to make it known to the Legislature during their present session.
Very early after the arrival of a British Minister here mutual explanations on the inexecution of the Treaty of Peace were entered into with that Minister. These are now laid before you for your information.
The Representative and Executive bodies of France have manifested generally a friendly attachment to this country, have given advantages to our commerce and navigation, and have made overtures for placing these advantages on permanent ground. A decree, however, On the subjects of mutual interest between this counof the National Assembly, subjecting vessels laden with try and Spain, negotiations and conferences are now provisions to be carried into their ports, and making ene-depending. The public good requiring that the present my goods lawful prize in the vessel of a friend, contrary to state of these should be made known to the Legislature our Treaty, though revoked at one time as to the Unit-in confidence only, they shall be the subject of a sepaed States, has been since extended to their vessels also, rate and subsequent communication. as has been recently stated to us. Representations on this subject will be immediately given in charge to our Minister there, and the result shall be communicated to the Legislature.
It is with extreme concern I have to inform you that the proceedings of the person whom they have unfortunately appointed their Minister Plenipotentiary here have breathed nothing of the friendly spirit of the nation which sent him; their tendency, on the contrary, has been to involve us in war abroad and discord and anarchy at home. So far as his acts, or those of his agents, have threatened our immediate commitment in the war, or flagrant insult to the authority of the laws, their effect has been counteracted by the ordinary cognizance of the laws, and by an exertion of the powers confided to me. Where their danger was not imminent, they have been borne with, from sentiments of regard to his nation, from a sense of their friendship towards us, from a conviction that they would not suffer us to remain long exposed to the action of a person who has so little respected our mutual dispositions, and, I will add, from a reliance on the firmness of my fellow-citizens in their principles of peace and order. In the mean time, I have respected and pursued the stipulations of our treaties, according to what I judged their true sense, and have withheld no act of friendship which their affairs have called for from us, and which justice to others left us free to perform. I have gone further: rather than employ force for the restitution of certain vessels which I deemed the United States bound to restore, I thought it more advisable to satisfy the parties by avowing it to be my opinion that, if restitution were not made, it would be incumbent on the United States to make compensation. The papers now communicated will more particularly apprise you of these trans
G. WASHINGTON. UNITED STATES, December 5, 1793.
The Message and papers therein referred to were, in part, read, and the further reading postponed.
The following Report of the Commissioners appointed to execute the several acts of Congress to provide more effectually for the settlement of the Accounts between the United States and the individual States was also received from the PRESIDENT OF THE UNITED STATES:
The Commissioners appointed to execute the several acts of Congress to provide more effectually for the settlement of the Accounts between the United States and the individual States, report:
That they have maturely considered the claims of the several States against the United States, and the charges of the United States against the individual States.
That they have gone through the process prescribed in the fifth section of the act of Congress passed the 5th day of August, 1790, (the particulars whereof will be found in book A, lodged with the papers of this office, in the Treasury Department,) and find that there is due, including interest, to the 31st day of December, 1789, to the State of
New Hampshire, seventy-five thousand and fifty-five dollars;
Massachusetts, one million two hundred and fortyeight thousand eight hundred and one dollars;
Rhode Island, two hundred and ninety-nine thousand six hundred and eleven dollars;
Connecticut, six hundred and nineteen thousand one hundred and twenty-one dollars;
New Jersey, forty-nine thousand and thirty dollars; South Carolina, one million two hundred and five thousand nine hundred and seventy-eight dollars; Georgia, nineteen thousand nine hundred and eighty
The vexations and spoliation understood to have been committed on our vessels and commerce by the cruisers and officers of some of the belligerent Powers, appeared to require attention. The proofs of these, however, not having been brought forward, the descriptions of citi-eight dollars. zens supposed to have suffered were notified that, on furnishing them to the Executive, due measures would be taken to obtain redress of the past, and more effectual provisions against the future. Should such documents be furnished, proper representations will be made thereon, with a just reliance on a redress proportioned to the exigency of the case.
The British Government having undertaken, by orders to the commanders of their armed vessels, to restrain generally our commerce in corn and other provisions to their own ports, and those of their friends, the instructions now communicated were immediately forwarded to our Minister at that Court. In the mean time, some discussions on the subject took place between him and them. These are also laid before you,
And that there is due, including interest, to the 31st day of December, 1789, from the State of—
New York, two million and seventy-four thousand eight hundred and forty-six dollars;
Pennsylvania, seventy-six thousand seven hundred and nine dollars;
Delaware, six hundred and twelve thousand four hundred and twenty-eight dollars;
Maryland, one hundred and fifty-one thousand six hundred and forty dollars;
Virginia, one hundred thousand eight hundred and seventy-nine dollars;
North Carolina, five hundred and one thousand and eighty-two dollars.
Which several sums, they, by virtue of the authority