THIRD CONGRESS.—FIRST SESSION.
Reading edition
BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793.
LIST OF MEMBERS.
SENATORS.
New Hampshire.—S. Livermore, John Langdon.
Vermont.—S. R. Bradley, Moses Robinson.
Massachusetts.—George Cabot, Caleb Strong.
Rhode Island.—William Bradford, Theodore Foster.
Connecticut.—Oliver Ellsworth, S. M. Mitchell.
New York.—Aaron Burr, John S. Hobart.
New Jersey.—Philemon Dickinson, F. Frelinghuysen.
Pennsylvania.—Albert Gallatin, Robert Morris, James Ross.
Delaware.—John Vining, Kensey Johns.
Maryland.—John Henry, Richard Potts.
Virginia.—James Monroe, John Taylor, Stevens T. Mason.
North Carolina.—Benjamin Hawkins, Alexander Martin.
South Carolina.—Pierce Butler, Ralph Izard.
Georgia.—William Few, James Jackson.
Kentucky.—John Browne, John Edwards.
REPRESENTATIVES.
New Hampshire.—Nicholas Gilman, J. S. Sherburne, Jeremiah Smith, Paine Wingate.
Vermont.—Nathaniel Niles, Israel Smith.
Massachusetts.—Fisher Ames, S. Bourne, David Cobb, Peleg Coffin, Henry Dearborn, Samuel Dexter, Dwight Foster, Benjamin Goodhue, Samuel Holten, William Lyman, T. Sedgwick, George Thatcher, P. Wadsworth, Artemas Ward.
Rhode Island.—Benjamin Bourne, Francis Malbone.
Connecticut.—Joshua Coit, James Hillhouse, Amasa Learned, Zephaniah Swift, Uriah Tracy, J. Trumbull, Jeremiah Wadsworth.
New York.—Theodorus Bailey, Ezekiel Gilbert, Henry Glenn, James Gordon, Silas Talbot, T. Tredwell, John E. Van Allen, Philip Van Cortlandt, Peter Van Gaasbeck, John Watts.
New Jersey.—John Beatty, Elias Boudinot, Lambert Cadwalader, Jonathan Dayton, Aaron Kitchell.
Pennsylvania.—James Armstrong, William Findlay, Thomas Fitzsimons, Andrew Gregg, Thomas Hartley, Daniel Heister, William Irvine, William Montgomery, Frederick A. Muhlenberg, Peter Muhlenberg, Thomas Scott, John Smilie, John Wilkes Kittera.
Delaware.—Henry Latimer.
Maryland.—Gabriel Christie, George Dent, Uriah Forrest, William Hindman, John F. Mercer, Samuel Smith, Thomas Sprigg, William Vans Murray.
Virginia.—Thomas Claiborne, Isaac Coles, William B. Giles, Samuel Griffin, George Hancock, Carter B. Harrison, John Heath, Richard Bland Lee, Andrew Moore, Joseph Neville, Anthony New, John Nicholas, John Page, Francis Preston, Robert Rutherford, A. B. Venable, Francis Walker.
North Carolina.—Thomas Blount, William J. Dawson, James Gillespie, William B. Grove, Matthew Locke, Nathaniel Macon, Joseph McDowell, Alexander Mebane, Benjamin Williams, Joseph Winston.
South Carolina.—Lemuel Benton, Alexander Gillon, John Hunter, Andrew Pickens, William Smith, Richard Winn.
Georgia.—A. Baldwin, Thomas P. Carnes.
Kentucky.—Christopher Greenup, Alexander D. Orr.
Tennessee.—James White.
PROCEEDINGS IN THE SENATE.
Monday, December 2, 1793.
This being the day fixed by the constitution for the annual meeting of Congress, the following members of the Senate appeared, produced their credentials, and took their seats.
John Adams, Vice President of the United States and President of the Senate.
John Langdon and Samuel Livermore, from New Hampshire.
George Cabot, from Massachusetts.
Oliver Ellsworth, from Connecticut.
Moses Robinson, from Vermont.
Aaron Burr, from New York.
John Rutherford, from New Jersey.
Robert Morris and Albert Gallatin, from Pennsylvania.
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 respectively mentioned therein.
Pierce Butler, from South Carolina.
Alexander Martin, from North Carolina.
John Vining, from Delaware.
The Vice President administered the oath required by law to Mr. Butler, Mr. Gallatin, and Mr. Martin, respectively, and they took their seats.
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 the United States; which was read and ordered to lie on the table.
The Vice President also communicated a letter 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 notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be pleased to make to them.
A message from the House of Representatives informed the Senate that 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 President 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.
Tuesday, December 3.
The two Houses being assembled in the Senate Chamber, the President of the United States entered, and addressed the two Houses of Congress as follows:
Fellow-Citizens of the Senate, and of the House of Representatives:
Since the commencement of the term for which I have been again called into office, no fit occasion has arisen for expressing to my fellow-citizens at large the deep and respectful sense which I feel of the renewed testimony of public approbation. While, on the one hand, it awakened my gratitude for all those instances 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 happiness.
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 recognized, 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.
In like manner, as several of the courts have doubted, under particular circumstances, their power to liberate the vessels of a nation at peace, and even of a citizen of the United States, although seized under a false color of being hostile property, and have denied their power to liberate certain captures within the protection of our territory, it would seem proper to regulate their 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.
The connection 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 season, before good faith justified active movements, may retard them, during the remainder of the year. From the papers and intelligence which relate to this important subject, you will determine whether the deficiency in the number of troops granted by law shall be compensated by succors of militia, or additional encouragements shall be proposed to recruits.
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 violence 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 House of Representatives:
The productiveness of the public revenues hitherto has continued to equal the anticipations which were formed of it, but it is not expected to prove commensurate 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.
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.
Philadelphia, December 3, 1793.
The President having retired, the two Houses separated.
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.
Thursday, December 5.
The following Message was received from the President of the United States:
Gentlemen of the Senate, and 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.
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, of the National Assembly, subjecting vessels laden with provisions to be carried into their ports, and making enemy goods lawful prize in the vessel of a friend, contrary to our Treaty, though revoked at one time as to the United States, has been since extended to their vessels also, 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 transactions.
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 citizens 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 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.
On the subjects of mutual interest between this country and Spain, negotiations and conferences are now depending. The public good requiring that the present state of these should be made known to the Legislature in confidence only, they shall be the subject of a separate and subsequent communication.
G. WASHINGTON.
United States, December 5, 1793.
Friday, December 6.
Mr. Ellsworth, from the committee appointed to report the draft of an Address to the President of the United States, made a report; which was read, and ordered for consideration on Monday next.
Monday, December 9.
Messrs. Stephen R. Bradley, from Vermont, Theodore Foster, from Rhode Island, and Rufus King, from New York, appeared and took their seats.
Agreeably to the order of the day, the Senate took into consideration the draft of an Address reported by the committee in answer to the Speech of the President of the United States to Congress at the opening of the session; which, being amended, and the several paragraphs of the report agreed to, it was adopted, as follows:
"To the President of the United States:
"Accept, sir, the thanks of the Senate for your Speech delivered to both Houses of Congress at the opening of the session. Your re-election to the Chief Magistracy of the United States gives us sincere pleasure. We consider it as an event every way propitious to the happiness of our country; and your compliance with the call, as a fresh instance of the patriotism which has so repeatedly led you to sacrifice private inclination to the public good. In the unanimity which a second time marks this important national act, we trace, with particular satisfaction, besides the distinguished tribute paid to the virtues and abilities which it recognizes, another proof of that just discernment and constancy of sentiments and views which have hitherto characterized the citizens of the United States.
"As the European Powers with whom the United States have the most extensive relations were involved in war, in which we had taken no part, it seemed necessary that the disposition of the nation for peace should be promulgated to the world, as well for the purpose of admonishing our citizens of the consequences of a contraband trade and of acts hostile to any of the belligerent parties, as to obtain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities of our situation; we, therefore, contemplate with pleasure the Proclamation, by you issued, and give it our hearty approbation. We deem it a measure well-timed and wise, manifesting a watchful solicitude for the welfare of the nation, and calculated to promote it.
"The several important matters presented to our consideration will, in the course of the session, engage all the attention to which they are respectively entitled; and, as the public happiness will be the sole guide of our deliberations, we are perfectly assured of receiving your strenuous and most zealous co-operation.
"JOHN ADAMS, "Vice President of the United States, and President of the Senate."
Ordered, That Messrs. Ellsworth and Butler wait on the President of the United States, and desire him to acquaint the Senate at what time and place it will be most convenient for him that the foregoing Address should be presented.
Tuesday, December 10.
John Brown, from the State of Kentucky, attended to-day.
Mr. Ellsworth reported, from the committee appointed yesterday to wait on the President of the United States, that the President proposed to receive the Address of the Senate this day, at 12 o'clock, at his own house. Whereupon, the Senate waited on the President of the United States, and the Vice President, in their name, presented the Address agreed to on the ninth instant. To this Address the President of the United States was pleased to make the following Reply:
"Gentlemen: The pleasure expressed by the Senate on my re-election to the station which I fill, commands my sincere and warmest acknowledgments. If this be an event which promises the smallest addition to the happiness of our country, as it is my duty, so shall it be my study, to realize the expectation.
"The decided approbation which, the Proclamation now receives from your House, by completing the proofs that this measure is considered as manifesting a vigilant attention to the welfare of the United States, brings with it a peculiar gratification to my mind.
"The other important subjects which have been communicated to you will, I am confident, receive a due discussion; and the result will, I trust, prove fortunate to the United States.
"G. WASHINGTON."
The Senate then returned to their Chamber, and resumed the reading of the papers communicated in the message of the President of the United States of the 5th instant, but adjourned before they were got through.
Wednesday, December 11.
Caleb Strong, from Massachusetts, attended to-day.
The credentials of Mr. Brown and Mr. Strong were read, the usual oath administered to them, and they took their seats.
Friday, December 13.
William Bradford, from Rhode Island, and John Taylor, from Virginia, attended, produced their credentials, and took the usual oath and their seats.
Monday, December 16.
James Jackson, from Georgia, attended, produced his credentials, and, the oath required by law being administered to him, he took his seat in the Senate.
Tuesday, December 17.
John Vining, from Delaware, appeared, and, the oath required by law being, by the Vice President, administered to him, he took his seat in the Senate.
Tuesday, December 24.
Exclusion of Bank Officers and Stockholders from Congress.
The following motion was made and seconded, to wit: That the constitution be amended by adding, at the end of the ninth section of the first article, the following clause:
"Nor shall any person holding any office or stock in any institution in the nature of a bank for issuing or discounting bills or notes payable to bearer or order, under the authority of the United States, be a member of either House whilst he holds such office or stock, but no power to grant any charter of incorporation, or any commercial or other monopoly, shall be herein implied."
And it was agreed that this motion should lie for consideration.
Tuesday, December 31.
Mr. Rutherford reported, from the committee to whom was referred the petition of Conrad Laub and others, stating that the Hon. Albert Gallatin, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States as is required by the constitution; which report was read, and ordered to lie for consideration.
Wednesday, January 1, 1794.
The Senate proceeded to the consideration of the report of the committee to whom was referred the petition of Conrad Laub and others.
On motion to postpone the consideration of the report until to-morrow, it was agreed to amend this motion, by striking out the words "to-morrow," and to insert, in lieu thereof, "Thursday, the 9th instant."
Thursday, January 2.
A motion was made that it be—
"Resolved, 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 article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by three-fourths of the said Legislatures, shall be valid as part of the said constitution, to wit:
"The Judicial power of the United States shall not be construed to extend to any suit 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."
Monday, January 13.
The Senate resumed the consideration of the petition of Conrad Laub and others, respecting the appointment of Mr. Gallatin to be a Senator of the United States.
On motion,
Ordered, That a Committee of Elections, to consist of seven, be appointed, and that the petition of Conrad Laub and others be referred, without prejudice as to any questions which may, upon the hearing, be raised by the sitting member, as to the sufficiency of the parties and the matter charged in the petition, to the same committee, to state the facts, and that they be authorized to send for persons, and papers; also, that Messrs. Bradley, Ellsworth, Mitchell, Rutherford, Brown, Livermore, and Taylor, be this committee.
Tuesday, January 14.
Agreeably to the order of the day, the Senate took into consideration the motion made yesterday for an amendment to the Constitution of the United States, respecting the Judicial power thereof.
And, on the question to agree to the resolution as follows:
"Resolved 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 article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by three-fourths of the said Legislatures, shall be valid as part of the said constitution, to wit;
"The Judicial power of the United States shall not be construed to extend to any suit 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:"
It passed in the affirmative—yeas 23, nays 2, as follows:
Yeas.—Messrs. Bradford, Bradley, Brown, Burr, Butler, Cabot, Edwards, Ellsworth, Foster, Frelinghuysen, Hawkins, Jackson, Izard, King, Langdon, Livermore, Martin, Mitchell, Monroe, Robinson, Strong, Taylor, and Vining.
Nays.—Messrs. Gallatin and Rutherford.
Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution.
Wednesday, January 15.
Exclusion of Bank Officers from a seat in Congress.
The Senate resumed the consideration of the motion made yesterday for an amendment to the Constitution of the United States, inhibiting the holders of any office or stock in the Bank of the United States from a seat in either House of Congress.
On motion to amend the motion, to be read as follows:
"Nor shall any person holding any office in any institution in the nature of a bank, under the authority of the United States be a member of either House whilst he holds such office; but no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied."
And, after debate, the further consideration thereof was postponed until to-morrow.
Thursday, January 16.
The Senate resumed the consideration of the motion made yesterday, to amend the motion under consideration the 14th instant, for an amendment to the Constitution of the United States, inhibiting the holders of any office or stock in the Bank of the United States from a seat in either House of Congress.
On motion to amend the amendment, so that it be read as follows:
"Nor shall any person holding any office in the Bank of the United States be a member of either House whilst he holds such office; but no power to grant any charter of incorporation, or any commercial or other monopoly shall be hereby implied:"
It passed in the affirmative—yeas 13, nays 12, as follows
Yeas.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Gallatin, Hawkins, Jackson, Izard, Martin, Monroe, Robinson, and Taylor.
Nays.—Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, King, Langdon, Livermore, Mitchell, Morris, Strong, and Vining.
On motion it was agreed to expunge the following clause of the motion last adopted:
"But no power to grant any charter of incorporation, or any commercial or other monopoly, shall be hereby implied:" and,
On the question, to agree to the motion, amended as follows:
"Nor shall any person holding any office in the Bank of the United States be a member of either House, whilst he holds such office:"
It passed in the negative—yeas 12, nays 13, as follows:
Yeas.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Gallatin, Hawkins, Jackson, Martin, Monroe, Robinson, and Taylor.
Nays.—Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Izard, King, Langdon, Livermore, Mitchell, Morris, Strong, and Vining.
Agreeably to notice given, Mr. Butler obtained leave to bring in a bill to amend the act, entitled "An act to incorporate the subscribers to the Bank of the United States;" which was read the first time.
On motion that this bill have a second reading, in the words following, to wit:
"Whereas it is inexpedient that the Government of the United States should continue to hold any stock in the Bank of the United States, or have any political connection with the said bank, or any other connection with it, otherwise than in common with other banks within the United States:"
[The bill directs the sale of the United States stock in the bank, and repeals all the clauses in the charter establishing any connection with it:]
It passed in the negative—yeas 12, nays 13, as follows:
Yeas.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Gallatin, Hawkins, Jackson, Martin, Monroe, Robinson, and Taylor.
Nays.—Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Izard, King, Langdon, Livermore, Mitchell, Morris, Strong, and Vining.
Tuesday, January 21.
The following Message was received from the President of the United States:
Gentlemen of the Senate, and of the House of Representatives:
Having already laid before you a letter of the 16th of August, 1793, from the Secretary of State to our Minister at Paris, stating the conduct and urging the recall, of the Minister Plenipotentiary of the Republic of France, I now communicate to you, that his conduct has been unequivocally disapproved; and that the strongest assurances have been given, that his recall should be expedited without delay.
G. WASHINGTON.
United States, January 20, 1794.
The Message was read, and ordered to lie on file.
The memorial of the people called Quakers, from the yearly meeting held at Rhode Island for New England, in the year 1793, was presented and read, praying Congress to exercise the authority vested in them by the constitution for the suppression of the slave trade.
Ordered, That Messrs. Bradley, Livermore, and Brown, be a committee to take into consideration the laws passed in the territory of the United States north-west of the river Ohio, from July to December, 1792, inclusive, and report thereon to the Senate.
Thursday, January 30.
The following Message was received from the President of the United States:
Gentlemen of the Senate, and of the House of Representatives:
Communications have been made to Congress during the present session, with the intention of affording a full view of the posture of affairs on the south-western frontiers. By the information which has lately been laid before Congress, it appeared that the difficulties with the Creeks had been amicably and happily terminated. But it will be perceived with regret, by the papers herewith transmitted, that the tranquillity has unfortunately been of short duration, owing to the murder of several friendly Indians, by some lawless white men.
The condition of things in that quarter requires the serious and immediate consideration of Congress, and the adoption of such wise and vigorous laws as will be competent to the preservation of the national character and of the peace made under the authority of the United States with the several Indian tribes. Experience demonstrates that the existing legal provisions are entirely inadequate to those great objects.
G. WASHINGTON.
United States, January 30, 1794.
Tuesday, February 4.
A message from the House of Representatives informed the Senate that the House have passed a bill entitled "An act providing for the relief of such of the inhabitants of Saint Domingo resident within the United States as may be found in want of support," in which they desire the concurrence of the Senate.
This bill was read the first time, and ordered to a second reading.
Wednesday, February 5.
The bill, sent from the House of Representatives for concurrence, entitled "An act providing for the relief of such of the inhabitants of Saint Domingo, resident within the United States, as may be found in want of support," was read the second time; and, after debate, the further consideration thereof was postponed until to-morrow.
Thursday, February 6.
Mr. Potts, from Maryland, attended.
The Senate resumed the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act providing for the relief of such of the inhabitants of Saint Domingo, resident within the United States, as may be found in want of support."
On motion, that it be recommitted, for the purpose of further inquiry, it passed in the negative.
And after agreeing to an amendment, the bill was ordered to a third reading.
Friday, February 7.
The following Message was received from the President of the United States:
Gentlemen of the Senate, and of the House of Representatives:
I transmit to you an Act and three Ordinances, passed by the Government of the territory of the United States south of the river Ohio, on the 13th and 21st of March, and the 7th of May, 1793; and also certain letters from the Minister Plenipotentiary of the French Republic, to the Secretary of State, enclosing despatches from the General and Extraordinary Commission of Guadaloupe.
G. WASHINGTON.
United States, February 7, 1794.
The Message and papers therein referred to were read.
Ordered, That the act and three ordinances, mentioned in the Message, be referred to the committee appointed 21st of January last, to whom were referred the laws passed in the territory north-west of the Ohio, to consider and report thereon to the Senate.
Ordered, That the other papers referred to in the Message lie for consideration.
The Senate proceeded to the third reading of the bill, sent from the House of Representatives for concurrence, entitled "An act providing for the relief of such of the inhabitants of Saint Domingo, resident within the United States, as may be found in want of support." Whereupon,
Resolved, That this bill pass as amended.
Monday, February 10.
The Vice President laid before the Senate a letter from the Secretary of the Department of the Treasury, in reference to the orders of Senate of the 20th January last, for a return of sundry statements from that department; which letter was read.
Mr. Bradley reported from the committee to whom was referred the petition of Conrad Laub and others, respecting the appointment of Mr. Gallatin to be a Senator of the United States; and the report was read.
Ordered, That Wednesday next be assigned to take this report into consideration, and that, in the mean time, it be printed for the use of the Senate.
On motion, that the Senate adopt the following resolution:
"Resolved, That the doors of the Senate be opened, and continue open, during the discussion upon the contested election of Albert Gallatin:"
Ordered, That this motion lie on the table until to-morrow.
Tuesday, February 11.
Agreeably to the order of the day, the Senate took into consideration the motion made yesterday that the doors of the Senate be opened during the discussion of the contested election of Mr. Gallatin. Whereupon,
Resolved, That the doors of the Senate be opened, and continue open, during the discussion upon the contested election of Albert Gallatin.
Mr. Bradley reported from the committee to whom was referred the act and three ordinances mentioned in the Message from the President of the United States of the 7th instant, enacted and ordained by the Governor and judges of the territory south of the river Ohio, "that Congress do not disapprove the same," and the report was agreed to.
Thursday, February 13.
Mr. Burr, from the committee to whom was referred the Message from the President of the United States, of the 30th of December last, reported a bill authorizing and directing the settlement of the accounts of Major General Lafayette; which was read the first time, and ordered to a second reading.
Friday, February 14.
The bill authorizing and directing the settlement of the accounts of Major General Lafayette was read the second time, and, after debate, it was ordered to lie for consideration and inquiry.
Monday, February 17.
The petition of Michael Schmyser, agent for Conrad Laub and others, petitioners against the election of Albert Gallatin to be a Senator of the United States, was presented and read, praying to be heard by counsel.
Ordered, That the prayer of the petition be granted.
The consideration of the report of the committee on the petition of Conrad Laub and others, respecting the election of Mr. Gallatin to be a Senator of the United States, was resumed, and after progress, it was ordered that the consideration thereof be postponed until Wednesday next.
Wednesday, February 19.
James Gunn, from Georgia, took his seat in the Senate.
Thursday, February 20.
The Senate resumed the consideration of the motion made yesterday, to amend the motion then reconsidered, respecting the opening the doors of the Senate Chamber whilst sitting in a Legislative capacity.
On motion to commit the motion for amendment, it passed in the negative.
On motion, that the amendment be agreed to, it passed in the affirmative—yeas 18, nays 9, as follows:
Yeas.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Ellsworth, Foster, Gunn, Hawkins, Jackson, King, Langdon, Livermore, Martin, Monroe, Potts, Taylor, and Vining.
Nays.—Messrs. Bradford, Cabot, Frelinghuysen, Gallatin, Izard, Mitchell, Morris, Rutherford, and Strong.
On motion to adopt the resolution, amended as follows:
"Resolved, That, after the end of the present session of Congress, and so soon as suitable galleries shall be provided for the Senate Chamber, the said galleries shall be permitted to be opened every morning, so long as the Senate shall be engaged in their Legislative capacity, unless in such cases as may, in the opinion of the Senate, require secrecy, after which the said galleries shall be closed:"
It passed in the affirmative—yeas 19, nays 8, as follows:
Yeas.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Ellsworth, Foster, Gallatin, Gunn, Hawkins, Jackson, King, Langdon, Livermore, Martin, Monroe, Potts, Taylor, and Vining.
Nays.—Messrs. Bradford, Cabot, Frelinghuysen, Izard, Mitchell, Morris, Rutherford, and Strong.
Contested Election.
Agreeably to the order of the day, the Senate resumed the consideration of the report of the committee on the petition of Conrad Laub, and others, respecting the election of Mr. Gallatin to be a Senator of the United States.
The report of the committee states the evidence, and concludes with an opinion, that to controvert the allegations set forth in the petition against Mr. G., it lays with him to prove his citizenship.
Accordingly, Mr. G. presented a written statement of facts which the President of the Senate read. It contained a narrative of several transactions from the time of Mr. G.'s arrival in the province of Maine, or Massachusetts, about thirteen years ago. Of his having contributed by money and his own services as a volunteer, in the cause of the revolution. Of his having taken oaths of allegiance and purchased lands in that State, and also in the State of Virginia. In the back parts of the last-mentioned State, he had formed an interesting settlement, and had been extremely useful in bringing settlers from Europe. The dates of those transactions and times of his arrival in Pennsylvania, and of being sent to the State Convention, are also recited, up to the time of his being chosen one of their Representatives in the Senate of the United States.
After the President had done reading the statement of facts, Mr. G. addressed the Senate, by observing, that he felt himself rather in an awkward predicament, not knowing whether the counsel for the prosecutors or himself were the proper person to speak the first, as this preliminary was not yet laid down by the Senate, neither had he provided any counsel. He should have supposed himself in the situation of defendant, were it not that the weight of proving the affirmative in regard to citizenship had been laid on him, under which predicament it might perhaps be necessary for him to begin, and after the counsel for the petitioners had spoken, that he should then be allowed to close the arguments.
Mr. Livermore was of opinion, that the sitting member should begin to debate, as the onus probandi lay with him.
The counsel for the petitioners, Mr. Lewis, rose. He was attended by Mr. Schmyser, one of the members of the Senate of Pennsylvania, who, we understand, manages the prosecution on the part of the petitioners. Mr. L. hoped he would be permitted to say a few words in the early stage of the business, in regard to the manner of conducting it. He recapitulated sundry offices and posts of honor that had been conferred on him, from which he humbly presumed he had gathered much experience, and particularly in cases of contested elections. He would, therefore, beg leave of the honorable Senate, to offer an observation before they should determine on the mode of conducting the trial. When the question for postponement, which was debated the other day, was before them, the sitting member did then consider himself as defendant, and for an hour had fought phantoms of his own imagination, but now he has changed his ground, and desires to have the privileges which belong to the petitioners only, namely, the right of opening the prosecution, and afterwards concluding the arguments.
Mr. Gallatin submitted to the decision of the Senate, and said he did not wish to contend for mere matters of form.
Mr. Martin (from N. Carolina) thought it immaterial who began or concluded, if in the end the Senate should be enabled to arrive at a just degree of information.
Mr. Jackson (from Georgia) made some observations on the manner of conducting the business. He thought it would be incumbent on the counsel for the petitioners to prove that Mr. Gallatin was not a citizen, &c.
Mr. King (from New York) and some other gentleman of the Senate, said a few more words on the motion; it was agreed that the sitting member should begin.
Mr. Gallatin accordingly rose and recapitulated the facts stated in the written paper which he had presented to the President, commenting on each of them as he proceeded. He proved that he had been an inhabitant of the United States for thirteen years, and was one before the peace of 1783, and before the Confederation. He quoted the laws previous thereto respecting aliens, and also the British statutes, and he maintained that they were all done away by the Revolution. He conceived himself a citizen in common with the other citizens of the United States, from the time of his first qualifying after his arrival and attachment to the country. He concluded by saying, he would reserve the remainder of his defence until after he should hear the counsel on behalf of the petitioners.
Mr. Lewis commenced his speech by observing, that he appeared there on behalf of Conrad Laub, and other respectable men, who complained of the unconstitutionality of admitting Mr. Gallatin to a seat in the Senate. He was glad to find, by the gentleman's expressions, that the ground of debate had been narrowed into so small a compass, and he would therefore take him up from the argument where he had left off speaking, that of his being a citizen in common of the United States, from the time of his qualifying in Massachusetts or Virginia. But in Virginia two oaths are required, and they must be taken in a court, not before a magistrate, to entitle a man to citizenship. He must also be possessed of a certain quantity of property and be a resident for two years. It appears Mr. G. did not remain in Virginia more than two months. (Here Mr. Lewis read the law of Virginia of the 20th October, 1783.) On this law Mr. L. argued that Mr. G. had not gone through the necessary qualifications to entitle him to citizenship there; and he observed, that he admired the gentleman's candor in not insisting on it here. In this State he had certainly not qualified himself agreeably to the law. Under these circumstances, Mr. L. for his part could never admit of the gentleman's right to citizenship so far back as to entitle him to the suffrage of a vote for a seat in the Senate, &c.
The mischievous consequences of permitting such innovations, he represented in strong terms; and he called to the recollection of the Senate, the conduct of ancient and modern governments on this question. One of the ancient republics made it death for an alien to intermeddle in their politics. The sentiments of antiquity, and those of men in modern days, proved the justice of these conclusions.
With regard to the arguments of the gentleman respecting his being entitled to be a citizen of the Union, or any individual State of it, because he had qualified himself to be citizen of one of them, Mr. L. said, was a mere bubble, for surely the gentleman was not one of the mass of citizens at the accomplishment of independence.
The doctrine of the old law, which the gentleman says was done away by the Revolution, in respect to aliens, may have been so with regard to the British King; it was still, however, virtually in force against the gentleman. But supposing it to be done away, how do the constitutions of the different States stand on this head? Is it not implied by all of them, that certain oaths, residence, and property, make the requisites to form citizenship? In Massachusetts a foreigner is not a citizen, without he complies with those terms. [Here he quoted p. 70 of the small volume of the Laws of Massachusetts. He also cited the act in favor of John Jarvis and others; also, p. 104 of the same book, and p. 191 and 192.] From these he maintained, that no such wild idea was ever contemplated by either the law of Massachusetts or Virginia, as to admit foreigners or persons from other States to citizenship, immediately on their entrance within their limits.
The situation of the sitting member, with respect to the constitution and laws of Pennsylvania, he had little doubt was similar to what he had mentioned in regard to the other States, although he would not assert it as a fact. [He read the 42d section, and also in p. 43 of the Law of Pennsylvania, 13th March, 1789, a proviso which contains some precautions requiring records to be kept by the master of the rolls of the persons admitted to citizenship.] The same principle pervades all the States as well as it does the Constitution of the United States. The absurdity of applying it in any other sense, was severely pictured by Mr. L., and to admit the idea advanced by the sitting member, was as inadmissible as it was novel. In support of what he wished to impress on the minds of the Senate, Mr. L. quoted the 1st vol. of the Journals of Congress in 1774 and 1775, pp. 28 and 29. He then recurred to Blackstone, vol. I, pp. 63, 64, and 69; also 73 and 79.
It was not his intention to quote the Parliamentary Laws of England in support of any thing, but such parts of their Common Law as could be got over—that Common Law of England which was imported by our ancestors, and handed down to them by the people, not the Parliament. The people had made the Common Law, from time to time. The Saxons, Normans, &c., were all concerned in making and improving it, until it had finally reached that degree of perfection in which it was given to us by our ancestors, and it was founded in wisdom and justice.
Mr. L. next quoted, first Blackstone, 402, which was one of the British laws that had never been admitted in this country, and which, he hoped, never would, viz: that wherein the distinction is drawn between the Commoner and the Peer, an oath being required of the Commoner, upon all occasions, and no more than "upon my honor" from a Peer, except in giving evidence in civil or criminal trials.
Mr. L. concluded, by saying that the difficulties which stood between Mr. Gallatin and his seat, were insurmountable and could not be removed without showing a law of Massachusetts, Virginia, &c., repealing those laws in regard to the qualification of citizens, which he had mentioned, but which repeal he was certain did not exist. He therefore stated, that to insist upon the gentleman's right to a seat, was both novel and absurd. These were his opinions, which he had given in a perfectly extempore way, not having been allowed time nor expecting to meet the subject on the new ground which it had this day taken in the Senate.
Mr. Gallatin said, he would pledge himself to the Senate, to prove that the grounds of his arguments and his construction of the Confederation and laws of the States, were neither novel nor absurd, except in Mr. L.'s construction of them, but had been admitted in many instances. However, as the Common Law of England was now introduced by Mr. L., which was new ground to him, and as the hour of adjournment was nearly approaching, he would beg leave to make his reply to-morrow.
On motion, the further consideration of this subject was postponed until to-morrow.
Friday, February 21.
Contested Election.
Agreeably to the order of the day the Senate resumed the consideration of the report of the committee on the petition of Conrad Laub, and others, respecting the election of Mr. Gallatin to be a Senator of the United States.
Mr. Gallatin commenced his defence by laying down the principles on which he intended to argue. His was a very serious situation for a person to be placed in, who had been so long in America, and who had mingled with the inhabitants in the common cause, that he should afterwards be called before so solemn a tribunal, with an intention to wrest from him his right of citizenship. He confessed, that on this occasion his feelings were deeply interested, particularly as the manner of the counsel for the prosecutors was so personal, and went not only to deny him a seat in the Senate of the United States, but even to contest his citizenship, and denounce him as being yet an alien.
This was a matter of consequence to many thousands as well as himself, who have long considered themselves in possession of all the privileges of denizens, and yet may be deprived of their rights, if the doctrines of the counsel for the prosecutors should obtain any sanction from the body who were now to judge of its merits.
Mr. G. entered into a series of observations on the various points of law, &c., which had been adduced by Mr. Lewis, and he particularly remarked, that the Common Law of England was entirely inapplicable to the subject under consideration. He read the laws of Virginia respecting naturalization, &c., from which he insisted that he had long since become a citizen of the United States. He also quoted 1st Blackstone, p. 374, and Viner's Abridgment, vol. ii. p. 266, respecting the different acceptations of denizen and citizen, and he went back so far as the British statutes in 1740, to show the intention of the old Government was to naturalize all persons who would go and reside in the Colonies. He next mentioned the act of Pennsylvania, of the 31st of August, 1778, and commented on the principles generally entertained by most writers on the subjects of allegiance and citizenship. Blackstone, 266, &c.
An alien is a man born out of the allegiance of the King. But allegiance in England is not an allegiance to the country or to society, as it is understood in this country.
In order to explain the principle of reciprocity, he observed, that when the two crowns of England and Scotland were united under James, the inhabitants of Scotland became naturalized in England, as if they had been natural-born subjects of that country. The allegiance in Britain was personal to the King, and it has there this remarkable quality, that by the British laws allegiance can never be shaken off.
This country, before the Revolution, owed allegiance to the King, but that was destroyed by the Declaration of Independence, and then the inhabitants of the States became mutually citizens of every State reciprocally; and they continued so until such time as the States made laws of their own afterwards respecting naturalization.
As soon as separate governments existed, allegiance was due to each, and here the allegiance was a reality, it was to the Government and to society, whereas in Britain it is merely fictitious, being only to one man.
Every man who took an active part in the American Revolution, was a citizen according to the great laws of reason and of nature, and when afterwards positive laws were made, they were retrospective in regard to persons under this predicament, nor did those posterior laws invalidate the rights which they enjoy under the Confederation.
Mr. G. here mentioned his having been an inhabitant of Massachusetts before October, 1780, and he also observed, that the law passed in that State was decisive against the Common Law of England.
In quoting the laws of Massachusetts, which were passed in 1785, and afterwards, for naturalizing John Gardner, and James Martin, he remarked that they clearly implied that even a natural born subject, who had not acted in the Revolution, and an absentee, was not entitled to citizenship. He likewise took notice of the case of Mr. William Smith, of South Carolina, against whose election as a Representative in Congress, a petition was presented by Doctor Ramsay, although the decision of South Carolina on that subject was exactly the reverse of Massachusetts.
In speaking of the difficulties that occurred in explaining the terms citizen and alien, he ran over a number of cases, and asked whether if a person had arrived in the United States during the war, from Nova-Scotia, or elsewhere, and had taken an active part against the enemy, would he not be better entitled to the right of a citizen, than even those who afterwards subscribed to the acts? The counsel for the prosecutors had admitted that a person who had been one of the mass of the people, at the Declaration of Independence, was a citizen. On the same principle, until a law passes to disprove that a man who was active in the Revolution previous to the treaty of peace, was a citizen, he must be one ipse facto.
Mr. G. next read a quotation from the 1st vol. of Woodison, p. 382, an English writer, who acknowledged that all persons were aliens at the recognition of independence, and that is a more liberal construction than the council for the petitioners would admit of, for by this construction, our sailors, &c., ought to be naturalized, lest they be alarmed by the British.
The new Constitution of the United States requires certain qualifications for members of Congress, &c., but it does not deprive persons of their rights who were actually citizens before the constitution was ratified that made the States the United States. They were united by consent before, and consequently he was one of the people before the United States existed.
He went on to read from the Constitution of Massachusetts, and several other States, sundry clauses in support of his reasoning, and recapitulated the several heads of Mr. L.'s arguments, to each of which he replied.
Mr. G. said, that Mr. Lewis was unfortunate in producing the law of Pennsylvania, for, by proving too much, he had proved nothing, for the 42d sec. of the constitution is retrospective, and by acknowledging the Articles of Confederation to be the supreme law of the land, persons who were reciprocally citizens before, are still left in full possession of the right.
So far from any dangerous consequences arising on my construction of citizenship, said he, I think it must be evident, that there is more danger and absurdity in the counsel's own constructions. For, in remarking on the policy of nations, we find even slaves have been enfranchised by the great republics in times of common danger. The policy of America should be to make citizenship as easy as possible, for the purpose of encouraging population; even during the British dominion that was a principle laid down, and afterwards it was attempted to be varied; it is made one of the principal subjects of complaint in the Declaration of Independence, where it is expressly said, that the king endeavored to prevent the population of these States, by having laws made to obstruct the naturalization of foreigners.
If there were any dangerous consequences to be apprehended from the former regulations on this subject, they are all remedied by the new constitution.
Therefore, no ill consequence or absurdity can follow. The author of the Federalist supports this principle in vol. ii. p. 54, for he says, that it is a construction scarcely avoidable, that citizens of each of the States are mutually so in all of them.
The first words in the constitution, "We the People," furnished another argument in support of Mr. G's principles, which he turned to great advantage, still drawing an inference to show that Mr. L.'s construction of the subject was most liable to difficulties and to mischievous consequences.
He concluded by observing, that if there was any disfranchising clauses in the Constitution of the United States, tending to deprive citizens of antecedent rights, all such clauses must be construed favorably, and were evidently on his side. With regard to a sentence that had been added, by the advice of counsel, to the affidavit of Pelatiah Webster, he made some remarks which tended to establish his own personal character, which he trusted would be found, when traced back to his nativity, to stand the test; and that his right to a seat in the Senate would also stand upon an equally just foundation.
Mr. Lewis denied having ever seen the affidavit of Mr. Webster, until it was shown him at the time the examination before the committee was going forward.
Mr. Gallatin recriminated, that the clause of which he took notice, was not in the affidavit when Mr. Webster brought it to the committee, and that he had permitted it to be added with great reluctance. It was only the recital of a few words which passed between Mr. G. and Mr. W. in jest, some years since, wherein Mr. G. had ironically said his name was Sidney, probably alluding to some essays that had appeared in the newspapers under that signature, which had been generally attributed to the pen of another gentleman in the State.
Mr. Jackson, in order to bring the merits of the subject directly before the Senate, said he would move a resolution, that would have that effect; but upon Mr. Lewis's observing, that he had not yet closed his arguments, and at the instance of Mr. Butler, from South Carolina, who said he would second Mr. Jackson's motion hereafter, it was withdrawn for the present.
Ordered, That the further consideration thereof be postponed until to-morrow.
Saturday, February 22.
Contested Election.
The Senate resumed the consideration of the report of the committee on the petition of Conrad Laub, and others, respecting the election of Mr. Gallatin to be a Senator of the United States.
The greater part of the day was taken up by Mr. Lewis's pleadings, wherein he entered into a very extensive field of reasoning, and quoted a great number of authorities, in support of the principles on which he had set out last Thursday, and to prove that in the true sense of the Constitution of the United States, as well as of that of the State of Pennsylvania, Mr. Gallatin was not duly qualified for the office of a Senator, and therefore, he trusted that the honorable Senate, upon mature reflection, would vacate his seat.
Mr. Gallatin closed his defence in a short speech, wherein he quoted Vattel, p. 167, and explained the 42d section of the Constitution of Pennsylvania, the liberal construction of which, he said, was in his favor, and the construction contended for by the counsel, absurd. He finished by reading a passage from Lord Bacon's works, to show that where there is any doubt in the laws, it should operate in favor of the defendant, and he accordingly made no doubt but that the Senate would validate his election.
Ordered, That the further consideration of the subject be postponed until Monday next.
A motion was made as follows:
"Resolved, That Albert Gallatin, returned to this House as a member for the State of Pennsylvania, is duly qualified for, and elected to, a seat in the Senate of the United States."
Ordered, That the consideration of this motion be postponed until Monday next, and that a number of copies of the fourth article of the First Confederation of the United States be printed for the use of the Senate.
Monday, February 24.
The Senate resumed the consideration of the motion made the twenty-second instant, on the report of the committee on the petition of Conrad Laub, and others, respecting the election of Mr. Gallatin to be a Senator of the United States; and, after progress,
Ordered, That the further consideration thereof be postponed until to-morrow.
Friday, February 28.
The Senate resumed the consideration of the 22d instant, on the report of the committee on the petition of Conrad Laub, and others, respecting the election of Mr. Gallatin to be a Senator of the United States.
And, on the question to agree to the motion, as follows:
"Resolved, That Albert Gallatin, returned to this House as a member for the State of Pennsylvania, is duly qualified for, and elected to, a seat in the Senate of the United States:"
It passed in the negative—yeas 12, nays 14, as follows:
Yeas.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Gunn, Jackson, Langdon, Martin, Monroe, Robinson, and Taylor.
Nays.—Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Hawkins, Izard, King, Livermore, Mitchell, Morris, Potts, Strong, and Vining.
On motion that it be
"Resolved, That the election of Albert Gallatin to be a Senator of the United States was void, he not having been a citizen of the United States the term of years required as a qualification to be a Senator of the United States:"
A motion was made to divide the question at the word "void;" and,
On motion to agree to the first paragraph of the motion so divided, it passed in the affirmative—yeas 14, nays 12, as follows:
Yeas.—Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Hawkins, Izard, King, Livermore, Mitchell, Morris, Potts, Strong, and Vining.
Nays.—Messrs. Bradley, Brown, Burr, Butler, Edwards, Gunn, Jackson, Langdon, Martin, Monroe, Robinson, and Taylor.
On motion to adopt the resolution as follows:
"Resolved, That the election of Albert Gallatin to be a Senator of the United States was void, he not having been a citizen of the United States the term of years required as a qualification to be a Senator of the United States:"
It passed in the affirmative—yeas 14, nays 12.
Resolved, That an attested copy of the resolution of the Senate, declaring the election of Albert Gallatin to be void, be transmitted by the President of the Senate to the Executive of the Commonwealth of Pennsylvania.
Friday, March 7.
A message from the House of Representatives informed the Senate, that the House of Representatives have passed a bill, entitled "An act to prohibit the carrying on the slave trade from the United States to any foreign place or country;" also, a bill, entitled "An act limiting the time for presenting claims for destroyed certificates of certain descriptions;" in which bills, severally, they desire the concurrence of the Senate.
Thursday, March 13.
The bill authorizing and directing the settlement of the accounts of Major General Lafayette was read the third time.
Resolved, That this bill pass, that it be engrossed, and that the title thereof be "An act allowing to Major General Lafayette his pay and emoluments while in the service of the United States."
Wednesday, March 19.
The bill sent from the House of Representatives for concurrence, entitled "An act to prohibit the carrying on the slave trade from the United States to any foreign place or country," was read the third time and passed.
Thursday, March 20.
The bill to authorize the President of the United States, in certain cases, to alter the place for holding a session of Congress, was read the second time.
Monday, March 24.
Kensey Johns appeared and produced his credentials of an appointment by the Governor of the State of Delaware as a Senator for the United States, which were read.
Whereupon, it was moved that they be referred to the consideration of the Committee of Elections before the said Kensey Johns should be permitted to qualify, who are directed to report thereon; and it passed in the affirmative—yeas 13, nays 12, as follows:
Yeas.—Messrs. Bradley, Brown, Burr, Edwards, Gunn, Hawkins, Jackson, Langdon, Livermore, Martin, Monroe, Robinson, and Taylor.
Nays.—Messrs Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Izard, Mitchell, Morris, Potts, Rutherford, Strong, and Vining.
The Senate resumed the second reading of the bill to authorize the President of the United States, in certain cases, to alter the place for holding a session of Congress.
Tuesday, March 25.
The bill to authorize the President of the United States, in certain cases, to alter the place for holding a session of Congress, was read the third time; and, being amended,
Resolved, That this bill pass, that it be engrossed, and that the title thereof be, "An act to authorize the President of the United States, in certain cases, to alter the place of holding a session of Congress."
Wednesday, March 26.
The bill, sent from the House of Representatives for concurrence, entitled "An act limiting the time for presenting claims for destroyed certificates of certain descriptions," was read the third time.
Resolved, That this bill pass with amendments.
A message from the House of Representatives informed the Senate, that the House have passed "A resolution laying an embargo on the vessels in the ports of the United States;" in which they desire the concurrence of the Senate.
Friday, March 28.
The Senate resumed the consideration of the report of the Committee of Elections, to whom was referred the credentials of Kensey Johns, appointed by the Executive of the State of Delaware to be a Senator of the United States; which report is as follows:
"The Committee of Elections, to whom were referred the credentials of an appointment by the Governor of the State of Delaware, of Kensey Johns, as a Senator of the United States, having had the same under consideration, report—
"That George Read, a Senator for the State of Delaware, resigned his seat upon the 18th day of December, 1793, and during the recess of the Legislature of said State.
"That the Legislature of the said State met in January, and adjourned in February, 1794.
"That, upon the 19th day of March, and subsequent to the adjournment of the said Legislature, Kensey Johns was appointed, by the Governor of said State, to fill the vacancy occasioned by the resignation aforesaid.
"Whereupon, the committee submit the following resolution:
"Resolved, That Kensey Johns, appointed by the Governor of the State of Delaware, as a Senator of the United States, for said State, is not entitled to a seat in the Senate of the United States; a session of the Legislature of the said State having intervened between the resignation of the said George Read and the appointment of the said Kensey Johns."
On the question to agree to this report, it passed in the affirmative—yeas 20, nays 7, as follows:
Yeas.—Messrs. Bradford, Bradley, Brown, Burr, Butler, Cabot, Edwards, Ellsworth, Frelinghuysen, Gunn, Hawkins, Jackson, King, Langdon, Livermore, Martin, Mitchell, Monroe, Robinson, and Taylor.
Nays.—Messrs. Foster, Izard, Morris, Potts, Rutherford, Strong, and Vining.
Resolved, That an attested copy of the resolution of the Senate, on the appointment of Kensey Johns to be a Senator of the United States, be transmitted, by the President of the Senate, to the Executive of the State of Delaware.
Tuesday, May 20.
The following Message was received from the President of the United States:
Gentlemen of the Senate, and of the House of Representatives:
In the communications which I have made to Congress during the present session relative to foreign nations, I have omitted no opportunity of testifying my anxiety to preserve the United States in peace. It is peculiarly, therefore, my duty, at this time to lay before you the present state of certain hostile threats against the territories of Spain in our neighborhood.
The documents which accompany this message develope the measures which I have taken to suppress them, and the intelligence which has been lately received.
It will be seen from thence that the subject has not been neglected; that every power vested in the Executive on such occasions has been exerted; and that there was reason to believe that the enterprise projected against the Spanish dominions was relinquished.
But it appears to have been revived upon principles which set public order at defiance, and place the peace of the United States in the discretion of unauthorized individuals. The means already deposited in the different departments of Government are shown, by experience, not to be adequate to these high exigencies, although such of them as are lodged in the hands of the Executive shall continue to be used with promptness, energy, and decision, proportioned to the case. But I am impelled, by the position of our public affairs, to recommend that provision be made for a stronger and more vigorous opposition than can be given to such hostile movements under the laws as they now stand.
G. WASHINGTON.
United States, May 20, 1794.
The Message and papers therein referred to were read, and ordered to lie for consideration.
Wednesday, May 21.
The following Message was received from the President of the United States:
Gentlemen of the Senate, and of the House of Representatives:
I lay before you, in confidence, sundry papers by which you will perceive the state of affairs between us and the Six Nations, and the probable cause to which it is owing; and also certain information, whereby it would appear that some encroachment was about to be made on our territory by an officer and party of British troops. Proceeding upon a supposition of the authenticity of this information, although of a private nature, I have caused the representation to be made to the British Minister, a copy of which accompanies this Message.
It cannot be necessary to comment upon the very serious nature of such an encroachment, nor to urge that this new state of things suggests the propriety of placing the United States in a posture of effectual preparation for an event which, notwithstanding the endeavors making to avert it, may, by circumstances beyond our control, be forced upon us.
G. WASHINGTON.
United States, May 21, 1794.
The Message and papers therein referred to were read, and ordered to lie for consideration.
Monday, June 9.
A message from the House of Representatives informed the Senate, that the House, having finished the business of the session, are about to adjourn.
Ordered, That the Secretary notify the House of Representatives, that the Senate likewise, having finished the business of the session, are about to adjourn; and, he having reported that he had delivered the message, the President of the Senate, conformably to the resolution of the 5th instant, adjourned the Senate to the day appointed by law for the next meeting of Congress.