Chapter XIX: Introduction (18)

Mr. BOUDINOT remarked that the peculiar situation in which he had been placed, by having the chair of the Committee, prevented him from giving his sentiments on the subject then; he therefore hoped to be indulged with stating the claim of the Delaware to the honor of the Federal City. When a question of such great magnitude, and which involved the interests of the Union, was to be decided, he thought he could be neither doing justice to the United States at large, nor his immediate constituents, were he to neglect to call their attention to what the former Congress had done in favor of the Delaware. He was surprised that gentlemen, who contended for the accommodation of their constituents, should be led so far astray from pursuing that object, as to pass far beyond the centre of wealth and population, as well as territory; or, if they did not pass the centre of territory, they went to a place, maugre all that had been said, devoid of those advantages which ought to attend the Federal residence. The want of communication with the Atlantic, the difficulty of navigating its waters, from the innumerable rocks, falls and shoals with which it abounds, which, from actual observation, he was induced to believe were insuperable obstructions to a connection with the Western waters, or, if they could be surmounted, it would be at such cost of money and labor, as the United States were not in a condition to expend, at a time when the widows and orphans were starving for want of the pittance due to them by the Government. The sterility of the soil, and the unhealthiness of a situation on the banks of a river which was subject to rise twenty feet and more, and overflow its banks, leaving behind vast quantities of stagnant water, whence proceeded noxious exhalations, the cause of a long catalogue of diseases, were altogether, in his mind, such objections to the place, that he could never imagine a majority of the House could consent to it. He further observed, that the Government would be secluded from the world, and the channels of information; there were few inhabitants, unless it was in the neighborhood of York or Lancaster.

But, beside all these considerations, there was this further, that there was an existing resolution of Congress for erecting the necessary buildings for their accommodation on the banks of the Delaware and Potomac, and an absolute grant of money for the purpose of defraying the expense. Now, as these had each of them strong pretensions, he was willing to have them considered and examined by commissioners sent on the ground. For the sake of accommodation, he would, therefore, move to amend the resolution, by striking out the words "east bank of the river Susquehanna, in the State of Pennsylvania," and inserting in lieu thereof the words "Potomac, Susquehanna, or Delaware."

On the question that the House do agree to the said amendment, it passed in the negative; the yeas and nays being required, are as follows:

YEAS.--Messrs. Baldwin, Bland, Boudinot, Brown, Burke,
Cadwalader, Carroll, Coles, Contee, Griffin, Jackson, Lee,
Madison, Matthews, Moore, Parker, Page, Sinnickson, Smith,
(of South Carolina,) Stone, Sumter, Tucker and Vining--23.

NAYS.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gale, Gerry, Gilman, Goodhue, Grout, Hartley,
Hathorn, Heister, Lawrence, Livermore, P. Muhlenberg,
Partridge, Van Rensselaer, Scott, Seney, Sherman,
Sylvester, Smith, (of Maryland,) Thatcher, Trumbull,
Wadsworth and Wynkoop--28.

Mr. BOUDINOT then moved to amend the resolution by striking out the words "east bank of the river Susquehanna, in the State of Pennsylvania," and inserting in lieu thereof, the words, "banks of either side of the river Delaware, not more than eight miles above or below the lower falls of Delaware."

On this question, the yeas and nays were demanded, and are:

YEAS.--Messrs. Boudinot, Cadwalader, Gerry and
Sinnickson--4.

NAYS.--Messrs. Ames, Baldwin, Benson, Bland, Brown, Burke,
Carroll, Clymer, Coles, Contee, Fitzsimons, Floyd, Foster,
Gale, Gilman, Griffin, Grout, Goodhue, Hartley, Hathorn,
Heister, Jackson, Lawrence, Lee, Livermore, Madison,
Matthews, Moore, Muhlenberg, Page, Parker, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Smith, (of
Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Thatcher, Trumbull, Tucker, Wadsworth and Wynkoop--46.

Mr. STONE then moved to amend the resolution, by striking out the words "east bank," and inserting in lieu thereof the word "banks;" and on the question, that the House do agree to the said amendment, the yeas and nays being demanded, were as follow:

YEAS.--Messrs. Baldwin, Bland, Boudinot, Brown, Burke,
Cadwalader, Carroll, Coles, Contee, Gale, Griffin, Jackson,
Lee, Madison, Matthews, Moore, Page, Parker, Seney,
Sinnickson, Smith, (of Maryland,) Smith, (of South
Carolina,) Stone, Sumter, Tucker, and Vining--26.

NAYS.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, Muhlenberg, Partridge, Van
Rensselaer, Scott, Sherman, Sylvester, Thatcher, Trumbull,
Wadsworth and Wynkoop--25.

So it passed in the affirmative.

A motion was then made and seconded, further to amend the said resolution, by inserting, after the word "Pennsylvania," the words "or Maryland," and, on the question the House do agree to the said amendment, it passed in the negative; and the yeas and nays being demanded, were as follow:

AYES.--Messrs. Baldwin, Bland, Boudinot, Brown, Burke,
Cadwalader, Carroll, Coles, Contee, Gale, Griffin, Jackson,
Lee, Madison, Matthews, Moore, Page, Parker, Sinnickson,
Smith, (of M.) Smith, (of S. C.) Stone, Sumter, Tucker and
Vining--25.

NAYS.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, P. Muhlenberg, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Thatcher,
Trumbull, Wadsworth and Wynkoop--26.

Mr. LEE expected the question would be divided on the resolution, as it contained two distinct objects, the permanent and temporary residence.

Mr. PAGE suggested the propriety of striking out the latter part of the clause, relating to New York, and to confine the resolution merely to the avowed object, namely, the permanent residence.

The question was taken on striking out, and it passed in the negative, 24 for, 27 against it.

Mr. VINING then moved to strike out the words "City of New York," and insert, in lieu thereof, "Borough of Wilmington, in the State of Delaware;" and on the question to agree to the said amendment, the yeas and nays being demanded, were as follow:

AYES.--Messrs. Baldwin, Bland, Boudinot, Brown, Burke,
Cadwalader, Carroll, Coles, Contee, Gale, Griffin, Jackson,
Lee, Madison, Matthews, Moore, Page, Parker, Sinnickson,
Sumter and Vining--21.

NAYS.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, Muhlenberg, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Smith, (of
Maryland,) Smith, (of South Carolina,) Stone, Thatcher,
Trumbull, Tucker, Wadsworth and Wynkoop--30.

So it passed in the negative.

Mr. PARKER moved to strike out "New York" and insert "Philadelphia."

Mr. LEE said the city of New York possessed every convenience and accommodation; he was strongly impressed in favor of the inhabitants, their urbanity and industry did honor to America, and nothing could induce him to vote for striking out the words, but a sense of duty. He flattered himself that a regard would now be paid to the great principles of centrality, which Philadelphia possessed in a great degree; the conveniences and accommodations to be found in that city were equal, if not superior, to what New York presented; her public buildings and institutions were, he believed, at their command; the inhabitants were industrious, temperate, and frugal; in short, every principle which operated in favor of the Susquehanna, as a permanent residence, applied with equal or more force in favor of Philadelphia as the temporary seat of Government.

Mr. SHERMAN hoped the House were disposed to make as few removes as possible, and that as the buildings for their accommodation might be in readiness in two or three years at the permanent residence, they would be disposed to continue in New York till that time.

On the question, that the House do agree to the said amendment, the yeas and nays being demanded, are as follows:

AYES.--Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader,
Carroll, Coles, Contee, Gale, Griffin, Heister, Jackson,
Lee, Madison, Matthews, Moore, Page, Parker, Sinnickson,
Stone, Sumter and Vining--22.

NAYS.--Messrs. Ames, Benson, Bland, Clymer, Fitzsimons,
Floyd, Foster, Gerry, Gilman, Goodhue, Grout, Hartley,
Hathorn, Lawrence, Livermore, P. Muhlenberg, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Smith, (of
Maryland,) Smith, (of South Carolina,) Thatcher, Trumbull,
Tucker, Wadsworth and Wynkoop--29.

The main question being put, the second resolution, as amended, was agreed to by the House, in the words following, to wit:

"_Resolved_, That the permanent seat of the Government of
the United States ought to be at some convenient place on
the banks of the river Susquehanna, in the State of
Pennsylvania; and that, until the necessary buildings be
erected for the purpose, the seat of Government ought to
continue in the city of New York."

The third resolution, in the words following, to wit:

"_Resolved_, That the President of the United States be
authorized to appoint three commissioners, to examine and
report to him the most eligible situation on the banks of
the Susquehanna, in the State of Pennsylvania, for the
permanent seat of the Government of the United States; that
the said Commissioners be authorized under the direction of
the President, to purchase such quantity of land as may be
thought necessary, and to erect thereon, within four years,
suitable buildings for the accommodation of the Congress,
and of the other officers of the United States; that the
Secretary of the Treasury, together with the Commissioners
so to be appointed, be authorized to borrow a sum, not
exceeding one hundred thousand dollars, to be repaid within
twenty years, with interest, not exceeding the rate of five
per cent. per annum, out of the duties on impost and
tonnage, to be applied to the purchase of the land, and the
erection of buildings aforesaid; and that a bill ought to
pass, in the present session, in conformity with the
foregoing resolutions."

A motion was made by Mr. GALE, to amend the same, by inserting after the word "aforesaid" the following proviso, viz:

"Provided, nevertheless, that, previous to any such purchase, or erection of buildings as aforesaid, the Legislatures of the States of Pennsylvania and Maryland make such provision for removing all obstructions to the navigation of the said river, between the seat of the Federal Government and the mouth thereof, as may be satisfactory to the President of the United States."

The ayes and nays being demanded, it passed in the negative.

AYES.--Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader,
Carroll, Coles, Contee, Gale, Jackson, Lee, Madison,
Matthews, Moore, Page, Parker, Seney, Sinnickson, Smith,
(of Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Tucker and Vining--24.

NAYS.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, Muhlenberg, Partridge, Van
Rensselaer, Scott, Sherman, Sylvester, Thatcher, Trumbull,
Wadsworth and Wynkoop--25.

And then the main question being put, Do the House agree to the said third resolution, as reported by the Committee of the whole House?

The ayes and nays being demanded, it passed in the affirmative.

AYES.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, Muhlenberg, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Smith, (of
Maryland,) Stone, Thatcher, Trumbull, Wadsworth and
Wynkoop--28.

NAYS.--Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader,
Carroll, Coles, Contee, Gerry, Jackson, Lee, Madison,
Matthews, Moore, Page, Parker, Sinnickson, Smith, (of South
Carolina,) Sumter, Tucker and Vining--21.

_Ordered_, That a bill or bills be brought in, pursuant to the foregoing resolutions, and that Messrs. AMES, LAWRENCE, and CLYMER, do prepare and bring in the same.

MONDAY, September 21.

_Seat of Government._

The House proceeded to consider the bill to establish the seat of Government of the United States, which lay on the table, with the amendments, as reported by the Committee of the whole House.

Mr. SMITH proposed to confine the choice of a situation on the banks of the Susquehanna, between Checkiselungo creek and the mouth of the river. He was seconded by Mr. SENEY.

Mr. HARTLEY hoped the committee would limit it as near the spot contemplated as possible.

Mr. HEISTER said, he moved, the other day, for a particular spot on the river, which he conceived entitled to a preference; if the proposed motion obtained, that place would be excluded, and he should hesitate respecting his vote upon the bill.

Mr. SENEY by no means wished to embarrass the committee; if the motion proposed would, any how, have that effect, he should withdraw his second.

Mr. MADISON felt himself compelled to move for striking out that part of the bill which provided that the temporary residence of Congress should continue at New York; as he conceived it irreconcilable with the spirit of the constitution. If it was not from viewing it in this light, he should have given the bill no further opposition; and now he did not mean to enter on the merits of the main question.

From the constitution, it appeared that the concurrence of the two Houses of Congress was sufficient to enable them to adjourn from one place to another; nay, the legal consent of the President was, in some degree, prescribed in the 7th section of article 1st, where it is declared, that every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States, and approved by him, before the same shall take effect. Any attempt, therefore, to adjourn by law, is a violation of that part of the constitution which gives the power, exclusively, to the two branches of the Legislature. If gentlemen saw it in the same light, he flattered himself they would reject that part of the bill; and, however little they valued the reflection that this city was not central, which had been so often urged, they would be guided by arguments springing from a superior source.

He would proceed to state the reasons which induced him to be of this opinion; it is declared in the constitution, that neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting; from hence he inferred, that the two Houses, by a concurrence, could adjourn for more than three days, and to any other place which they thought proper; by the other clause he had mentioned, the Executive power is restrained from any interference with the Legislative on this subject; hence, he concluded, it would be dangerous to attempt to give to the President a power which the constitution expressly denied him.

TUESDAY, September 22.

_Seat of Government._

The engrossed bill to establish the seat of Government of the United States was read a third time; and the question was, Shall this bill pass?

Mr. CARROLL said, he felt himself under peculiar circumstances on the decision of this important question. The House had determined that the permanent seat of the Government of the United States should be on the Susquehanna, in Pennsylvania, and not in Maryland on the Potomac. It was his opinion that the last would have been most conducive to the interest of the Union; the voice of the majority of this House is against it. The Susquehanna, said he, being the next object most likely to attain what I have laid down as the rule of my conduct on this occasion, and, at the same time, must be agreeable to the wishes of a great part of my constituents, I felt myself under an obligation to vote for the Susquehanna, upon obtaining the clause which made it obligatory upon the States of Maryland and Pennsylvania to concur in opening the navigation of that river; and nothing would restrain me from giving my assent to the bill, but that clause which requires the concurrence of the President respecting the seat of Government, until Congress meet at their permanent seat. To this clause I have strong constitutional objections; they were yesterday fully stated to this House by other gentlemen.

I have endeavored to remove this conviction from my mind, in order to give my assent to the bill; but as I am under the sacred obligation of an oath to support the constitution, as I cannot efface the conviction from my mind that it is contrary to the constitution, and as we could not succeed in striking out the clause, I feel myself under the disagreeable necessity of giving my dissent to the bill.

The yeas and nays, on passing the bill, being required by one-fifth of the members present, were as follow:

YEAS.--Messrs. Ames, Baldwin, Benson, Clymer, Contee,
Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Grout,
Hartley, Hathorn, Jackson, Lawrence, Leonard, Livermore,
Muhlenberg, Partridge, Van Rensselaer, Scott, Seney,
Sherman, Sylvester, Smith, (of Maryland,) Stone, Thatcher,
Trumbull, Wadsworth and Wynkoop--31.

NAYS.--Messrs. Bland, Boudinot, Burke, Cadwalader,
Carroll, Coles, Lee, Madison, Matthews, Moore, Parker,
Schureman, Smith, (of South Carolina,) Sumter, Tucker,
Vining, and White--17.

The bill having passed, was sent to the Senate for their concurrence.

SATURDAY, September 26.

_Seat of Government._

A message from the Senate was received, informing the House that they had passed the bill for establishing the seat of Government of the United States, with an amendment, which the House immediately took into consideration. The amendment went to strike out all that related to the river Susquehanna, both as to fixing the seat of Government there, and removing the obstructions to the navigation; and to insert, in lieu thereof, "a district of ten miles square, bounded on the south by a line running parallel at one mile's distance from the city of Philadelphia, on the east side of the river of Delaware, and extending northerly and westerly, so as to include Germantown."

Mr. BLAND thought the bill was so materially changed as to warrant the House to postpone its consideration. The principles upon which the Senate had proceeded, he believed, had not yet been discussed in the House, and the short time which now remained of the session forbade the attempt.

Mr. PAGE seconded this motion.

Mr. SMITH (of South Carolina) hoped that gentlemen would agree to let the bill lie on the table, and not to be driven into a measure which they considered injurious to the public interest. He trusted they would not be influenced to adopt this bill, by the Senate's keeping the appropriation bill as a hostage for it, which he understood to be the case.

Mr. FITZSIMONS was sorry to hear a thing of that kind insinuated against so respectable a body. He trusted the gentleman had been misinformed; but should be glad to know his authority.

Mr. PARTRIDGE declared that a knowledge of this fact would have considerable influence on his conduct; therefore, he was desirous of knowing to what an extent it was a certainty.

Mr. BLAND would not charge the Senate with retaining the appropriation bill as a hostage; but he thought it of more importance than the bill they had now sent down, and wished it had been first acted upon.

Mr. SPEAKER informed the House that the appropriation bill was sent only yesterday to the Senate.

Mr. STONE did not suspect the Senate of the conduct which had been intimated; but, nevertheless, he was in favor of the postponement.

Mr. LEE remarked that the great principles which this House had adopted, on full debate, were now thrown out of view; they had nothing to do with the amendment which the Senate had made. He could not, after this circumstance, bring himself to believe that the House would agree to the alteration, without discussing the other principles upon which it must be founded. And here the approaching termination of the session, and the quantity of unfinished business, presented to the mind a strong objection; either it could not be done at all, or done to great disadvantage. Beside, if it is laid over to the next session, the voice of the people may be better understood on this important question; when that was fully and fairly expressed, he flattered himself with a harmonious determination, to which all parties would submit without a single murmur.

Mr. SHERMAN thought the amendment of the Senate founded in wisdom, and upon true principles; the House had now nothing else before them. Indeed, they had just been spending an hour or two upon a very uninteresting subject respecting printers; he therefore trusted they would proceed to consider the amendment fully, and come in a proper time to a decision upon it.

Mr. WHITE considered the amendment of the Senate as totally changing the tenor of the bill, and therefore it was like introducing a new subject. Indeed, in all the long arguments which the question had drawn out, he believed this place had never been mentioned. The gentleman last up, said there was no business before the House at present: but he would ask, if a business had never yet been before them, whether a member would be permitted to bring it forward at this late hour. He might be told, that the act of the Senate carried greater weight in it than the motion of a member. But he would place against that weight, the weight of the vote of this House, which on a former day agreed to fix the seat of Government on the banks of the Susquehanna; so that the question may be supposed to stand on independent ground.

But there was a collateral observation he would make. If Germantown was the proper place for the permanent residence of Congress, it was so near Philadelphia as to prove that that city would be the proper place for the temporary residence, and of course they ought to move there immediately, and order the next session to be held there; but both these questions were of too much moment to be fixed by a hasty vote of the House.

Mr. JACKSON had given his assent to the bill as it passed the House, after a fair opposition: he was satisfied his fellow-citizens would submit to what appeared to be the voice of their country; though they would have preferred the Potomac on account of its centrality and contiguity to the Western Territory, yet he acceded to the Susquehanna; but this was no reason he should vote for Germantown. Who are those that say to us, Germantown is the most proper spot that can be selected? They are the representatives of the State sovereignties; where the large and small States are equally represented, the voice of the majority of the people is lost in the inequality of the political branch of the Legislature. He could not but think an alteration in the sentiment of the House, on this ground, would excite serious alarm in the minds of the people; to avoid which consequence, he should agree to the postponement.

Mr. GERRY urged, as a reason for postponement, that North Carolina and Rhode Island were out of the Union at present; and that, as there was a flattering expectation that at least one of those States would adopt the constitution by the next session, it would be extremely desirable to have their voice in determining this great question.

Mr. MADISON.--However different our sentiments, with respect to the place most proper for the seat of the Federal Government, I presume we shall all agree that a right decision is of great importance; and that a satisfactory decision is of equal moment to the happiness and tranquillity of the Union: that even the manner and circumstances under which such decision may take place, are worthy of serious consideration.

Now, sir, the amendment proposed by the Senate, not only deserves the name of a new bill, but it proceeds on principles different from those which served for the basis of the bill sent up to them from this House: hence I presume, sir, it is not only necessary to examine the merits of the proposition, but to enter into a full and minute investigation of those principles upon which it is founded: the proposition is new and in some degree opposed to what has heretofore prevailed: the public mind has not yet been called to the consideration of it; nay, I believe it never yet has been contemplated by the inhabitants of any one State: the eye of America should be indulged with an opportunity of viewing it before it be made their fixed abode. All the other places which have been mentioned as candidates for the seat of Government, on this occasion, have at different times, and in different forms, been held up to the public attention; two of them had not only employed the deliberation, but had obtained the favorable decision of the old Congress; now after all this, to take up and adopt in a moment, a rival place, never before contemplated, is risking an improper and a dissatisfactory decision.

Mr. STONE reminded the House of the majority there was in selecting the Susquehanna, which he conceived to be the second best spot in the United States; and how much greater that majority would have been than 31 to 17, if no other question had been involved in the bill: he could hardly suppose such a change of sentiment would take place without argument, as was necessary in order to get the Senate's amendment adopted, which, he understood, was carried by a small majority indeed.

Mr. WHITE would just add one observation, which was respecting the enormous price of land in the vicinity of Philadelphia; and how imprudent it would be for Congress to subject themselves to an exorbitant demand of this nature, by fixing upon the precise spot where this Federal town should be.

The question was now taken on postponing the consideration of the amendment proposed by the Senate, until the next session; and the yeas and nays being called, are:

YEAS.--Messrs. Baldwin, Bland, Brown, Burke, Carroll,
Coles, Contee, Gale, Gerry, Griffin, Jackson, Lee, Madison,
Matthews, Moore, Page, Parker, Schureman, Seney, Smith, (of
Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Tucker and White--25.

NAYS.--Messrs. Ames, Benson, Boudinot, Cadwalader, Clymer,
Fitzsimons, Floyd, Foster, Gilman, Goodhue, Grout, Hartley,
Hathorn, Heister, Lawrence, Leonard, Livermore, Muhlenberg,
Partridge, Van Rensselaer, Scott, Sherman, Sylvester,
Sinnickson, Thatcher, Trumbull, Vining, Wadsworth, and
Wynkoop--29.

So it was determined in the negative.

MONDAY, September 28.

_Seat of Government._

Mr. SHERMAN--In our deliberations on this occasion, we should have an eye to the general accommodation of the Union, and the best way of defraying the expense. The place fixed upon by the Senate, he presumed, was known to the members generally; hence they were able to judge of its eligibility at the first view; it certainly possessed some advantages over the other situation; and he believed it was as central, if not more so than the Susquehanna, as it respected the present inhabitants; the air, the soil, in that neighborhood, were quite as agreeable as the other. But there was an access by water, from every part of the United States, which furnished a very great convenience; but beside this, those who came from the Southern States, had generally an inland navigation, with a short distance to come by land from the head of the Elk; so the citizens of the Eastern States, in like manner, would be accommodated by coming through the Sound and crossing to Amboy, on which route they would have but about 70 miles land carriage; a distance nearly equal with the other. He admitted that Germantown was not quite so near to the Western Territory as the Susquehanna was; but he contemplated a very distant day before it would be settled, and much longer before the inhabitants would have frequent occasion of travelling to the seat of Government. Added to the advantages he had mentioned, there were good buildings, and convenience for arsenals and ship-yards, with abundance of artificers on the spot; these considerations, taken together, induced him to think it best to concur with the Senate.

Mr. SMITH thought the honorable gentleman rather inconsistent in his argument to-day. If he recollected right, the gentleman had formerly urged in favor of the Susquehanna, that it was not accessible by vessels from sea; and now he recommends this quality as an advantage in favor of the Delaware. The gentleman admits that this position is not quite so near the Western Territory as the one chosen by the House; but then he thinks no inconvenience will arise, inasmuch as it will be some years before it is peopled: but how does this comport with the principle laid down by an almost unanimous vote of the House? At the beginning of this business, we declare that a due regard should be had to the Western Territory; he now tells us, as an argument in favor of the Senate's amendment, that we should have no regard to it at all. He thinks the change made in the manner of obtaining the money favorable; but what advantage will accrue to the United States from Pennsylvania's granting 100,000 dollars, when Congress will have to purchase the land on which they are to sit down? Land in the neighborhood of Philadelphia, he had been told, was worth 40 or 50 pounds an acre. The 100,000 dollars, given by Pennsylvania, would not go far in a purchase at this rate. He thought the Government would have a better bargain in buying cheap lands on the Susquehanna; or perhaps they might have been got there for nothing. He thought this alteration unfavorable to the Public Treasury, which could illy supply such a demand upon it.

Mr. MADISON contended that the amendment proposed by the Senate was a departure from every principle adopted by the House; but he would not trouble them with a recapitulation of arguments, which he feared would be unavailing; he wished, however, that the House would provide against one inconvenience, which was, to prevent the district in Pennsylvania, chosen by Congress, from being deprived for a time of the benefit of the laws. This, he apprehended, would be the case, unless Congress made provision for the operation of the laws of Pennsylvania, in the act by which they accepted of the cession of that State; for the State relinquished the right of legislation from the moment that Congress accepted of the district. The propriety of this proposition was so apparent, that he had not a doubt but the House would consent to it. He then moved the following proviso: "And provided, that nothing herein contained shall be construed to affect the operation of the laws of Pennsylvania, within the district ceded and accepted, until Congress shall otherwise provide by law."

Mr. LIVERMORE objected to this motion; because he supposed there was no necessity for it.

The question was then taken, do the House agree to the amendment? and decided in the affirmative. The yeas and nays being demanded, are as follows:

YEAS.--Messrs. Ames, Cadwalader, Clymer, Fitzsimons, Floyd,
Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Huntington, Lawrence, Leonard, Livermore,
Muhlenberg, Partridge, Van Rensselaer, Schureman, Scott,
Sherman, Sylvester, Sinnickson, Thatcher, Trumbull, Vining,
Wadsworth and Wynkoop--31.

NAYS.--Messrs. Baldwin, Bland, Boudinot, Brown, Burke,
Carroll, Coles, Contee, Gale, Griffin, Jackson, Lee,
Madison, Matthews, Moore, Page, Parker, Seney, Smith, (of
Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Tucker, and White--24.

And here the bill was dropped for the session.

TUESDAY, September 29.

The two following messages were received from the President:

UNITED STATES, Sept. 29, 1789.

_Gentlemen of the House of Representatives:_

His Most Christian Majesty, by a letter dated the 7th of
June last, addressed to the President and members of the
General Congress, of the United States of North America,
announces the much lamented death of his son the Dauphin.
The generous conduct of the French monarch and nation
towards this country renders every event that may affect
his or their prosperity interesting to us; and I shall take
care to assure him of the sensibility with which the United
States participate in the affliction which a loss so much
to be regretted must have occasioned both to him and them.

GEO. WASHINGTON.

UNITED STATES, Sept. 29, 1789.

_Gentlemen of the House of Representatives:_

Having yesterday been informed, by a joint committee of
both Houses of Congress, that they had agreed to a recess,
to commence this day, and to continue until the first
Monday in January next, I take the earliest opportunity of
acquainting you that, considering how long and laborious
this session has been, and the reasons which, I presume,
have produced this resolution, it does not appear to me
expedient to recommend any measures to their consideration
at present.

GEO. WASHINGTON.

On motion of Mr. GERRY, it was ordered, that it shall be the duty of the Secretary of the Senate and Clerk of the House, at the end of each session, to send a printed copy of the Journals thereof, respectively, to the Supreme Executive, and each branch of the Legislature, of every State.

And then it was ordered that a message be sent to the Senate, to inform them that this House having completed the business before them, are now about to proceed to close the present session, by an adjournment on their part, agreeably to the order of the 26th instant; and that the Clerk of this House do go with the said message.

The Clerk accordingly went with the said message, and being returned,

The Speaker adjourned the House until the first Monday in January next.

FIRST CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF NEW YORK, JANUARY 4, 1790.

PROCEEDINGS IN THE SENATE.

MONDAY, January 4, 1790.

The following members of the Senate assembled:

From New Hampshire, JOHN LANGDON and PAINE WINGATE.

From Massachusetts, CALEB STRONG and TRISTRAM DALTON.

From Connecticut, WILLIAM S. JOHNSON.

From New York, RUFUS KING and PHILIP SCHUYLER.

From South Carolina, RALPH IZARD and PIERCE BUTLER.

From Georgia, WILLIAM FEW.

A quorum of members not being present, they adjourned till to-morrow.

TUESDAY, January 5.

JOHN HENRY, from Maryland, in addition to the members assembled yesterday, attended; but not being a quorum, they adjourned.

WEDNESDAY, January 6.

WILLIAM MACLAY, from Pennsylvania, attended; a quorum of the members of the Senate were present, and the Secretary was directed to inform the House of Representatives that a quorum of the Senate have assembled, and are ready to proceed to business.

_Ordered_, That Messrs. STRONG and IZARD be a committee on the part of the Senate, with such committee as the House of Representatives may appoint on their part, to inform the President of the United States that a quorum of the two Houses is assembled, and will be ready in the Senate Chamber, at such time as the President may appoint, to receive any communications he may be pleased to make.

THURSDAY, January 7.

OLIVER ELLSWORTH, of Connecticut, and WILLIAM PATERSON, from New Jersey, attended.

A message from the House of Representatives informed the Senate that they have resolved that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly.

Mr. STRONG, on behalf of the joint committee, reported to the Senate, that they had waited on the President of the United States, agreeably to the order of both Houses, and that he informed the committee that he would meet the two Houses in the Senate Chamber to-morrow at 11 o'clock.

FRIDAY, January 8.

_Ordered_, That the House of Representatives be informed that the Senate are ready to meet them in the Senate Chamber, to receive any communication the President of the United States may be pleased to make to the two Houses of Congress; and that the usual seats will be assigned them.

The House of Representatives having accordingly taken their seats, the President of the United States came into the Senate Chamber, and addressed both Houses of Congress as followeth:

_Fellow-Citizens of the Senate, and House of
Representatives:_

I embrace with great satisfaction the opportunity which now
presents itself of congratulating you on the present
favorable prospects of our public affairs. The recent
accession of the important State of North Carolina to the
constitution of the United States, (of which official
information has been received;) the rising credit and
respectability of our country; the general and increasing
good-will towards the Government of the Union; and the
concord, peace, and plenty with which we are blessed, are
circumstances auspicious in an eminent degree to our
national prosperity.

In resuming your consultations for the general good, you
cannot but derive encouragement from the reflection that
the measures of the last session have been as satisfactory
to your constituents, as the novelty and difficulty of the
work allowed you to hope. Still further to realize their
expectations, and to secure the blessings which a gracious
Providence has placed within our reach, will, in the course
of the present important session, call for the cool and
deliberate exertion of your patriotism, firmness, and
wisdom.

Among the many interesting objects which will engage your
attention, that of providing for the common defence will
merit particular regard. To be prepared for war, is one of
the most effectual means of preserving peace.

A free people ought not only to be armed, but disciplined;
to which end, a uniform and well-digested plan is
requisite: and their safety and interest require that they
should promote such manufactures as tend to render them
independent of others for essential, particularly military
supplies.

The proper establishment of the troops which may be deemed
indispensable will be entitled to mature consideration. In
the arrangements which may be made respecting it, it will
be of importance to conciliate the comfortable support of
the officers and soldiers with a due regard to economy.

There was reason to hope that the pacific measures adopted
with regard to certain hostile tribes of Indians, would
have relieved the inhabitants of our Southern and Western
frontiers from their depredations; but you will perceive,
from the information contained in the papers which I shall
direct to be laid before you, (comprehending a
communication from the commonwealth of Virginia,) that we
ought to be prepared to afford protection to those parts of
the Union, and, if necessary, to punish aggressors.

The interests of the United States require that our
intercourse with other nations should be facilitated by
such provisions as will enable me to fulfil my duty, in
that respect, in the manner which circumstances may render
most conducive to the public good; and to this end, that
the compensations to be made to the persons who may be
employed, should, according to the nature of their
appointments, be defined by the law; and a competent fund
designated for defraying the expenses incident to the
conduct of our foreign affairs.

Various considerations also render it expedient that the
terms on which foreigners may be admitted to the rights of
citizens, should be speedily ascertained by a uniform rule
of naturalization.

Uniformity in the currency, weights and measures, of the
United States, is an object of great importance, and will,
I am persuaded, be duly attended to.

The advancement of agriculture, commerce, and manufactures,
by all proper means, will not, I trust, need
recommendation; but I cannot forbear intimating to you the
expediency of giving effectual encouragement, as well to
the introduction of new and useful inventions from abroad,
as to the exertions of skill and genius in producing them
at home; and of facilitating the intercourse between the
distant parts of our country by a due attention to the
Post-Office and post-roads.

Nor am I less persuaded that you will agree with me in
opinion, that there is nothing which can better deserve
your patronage than the promotion of science and
literature. Knowledge is in every country the surest basis
of public happiness. In one in which the measures of
Government receive their impression so immediately from the
sense of the community as in ours, it is proportionably
essential. To the security of a free constitution it
contributes in various ways. By convincing those who are
intrusted with the public administration, that every
valuable end of Government is best answered by the
enlightened confidence of the people, and by teaching the
people themselves to know and to value their own rights to
discern and provide against invasions of them; to
distinguish between oppression and the necessary exercise
of lawful authority; between burthens proceeding from a
disregard to their convenience, and those resulting from
the inevitable exigencies of society; to discriminate the
spirit of liberty from that of licentiousness, cherishing
the first, avoiding the last, and uniting a speedy but
temperate vigilance against encroachments, with an
inviolable respect to the laws.

Whether this desirable object will be best promoted by
affording aids to seminaries of learning already
established, by the institution of a national university,
or by any other expedients, will be well worthy of a place
in the deliberations of the Legislature.

_Gentlemen of the House of Representatives:_

I saw with peculiar pleasure, at the close of the last
session, the resolution entered into by you, expressive of
your opinion that an adequate provision for the support of
the public credit is a matter of high importance to the
national honor and prosperity. In this sentiment I entirely
concur. And, to a perfect confidence in your best endeavors
to devise such a provision as will be truly consistent with
the end, I add an equal reliance on the cheerful
co-operation of the other branch of the Legislature. It
would be superfluous to specify inducements to a measure in
which the character and permanent interests of the United
States are so obviously and so deeply concerned, and which
has received so explicit a sanction from your declaration.

_Gentlemen of the Senate and House of Representatives:_

I have directed the proper officers to lay before you,
respectively, such papers and estimates as regard the
affairs particularly recommended to your consideration, and
necessary to convey to you that information of the state of
the Union, which it is my duty to afford.

The welfare of our country is the great object to which our
cares and efforts ought to be directed. And I shall derive
great satisfaction from a co-operation with you, in the
pleasing though arduous task of insuring to our
fellow-citizens the blessings which they have a right to
expect from a free, efficient and equal Government.

GEO. WASHINGTON.

UNITED STATES, January 8, 1790.

The President of the United States having retired, and the two Houses being separated:

_Ordered_, That Messrs. KING, IZARD, and PATERSON, be a committee to prepare and report the draft of an address to the President of the United States, in answer to his speech delivered this day to both Houses of Congress, in the Senate Chamber.

_Ordered_, That the speech of the President of the United States, delivered this day, be printed for the use of the Senate.

The Senate adjourned to Monday next.

MONDAY, January 11.

Mr. KING, on behalf of the committee, reported an address to the President of the United States, in answer to his speech to both Houses of Congress, which being amended, was adopted as followeth:

_To the President of the United States._

SIR:--We, the Senate of the United States, return you our
thanks for your speech delivered to both Houses of
Congress. The accession of the State of North Carolina to
the Constitution of the United States gives us much
pleasure: and we offer you our congratulations on that
event, which at the same time adds strength to our Union,
and affords a proof that the more the constitution has been
considered, the more the goodness of it has appeared. The
information which we have received, that the measures of
the last session have been as satisfactory to our
constituents as we had reason to expect, from the
difficulty of the work in which we were engaged, will
afford us much consolation and encouragement in resuming
our deliberations, in the present session, for the public
good; and every exertion on our part shall be made to
realize and secure to our country those blessings which a
gracious Providence has placed within our reach. We are
persuaded that one of the most effectual means of
preserving peace is to be prepared for war; and our
attention shall be directed to the objects of common
defence, and to the adoption of such plans as shall appear
the most likely to prevent our dependence on other
countries for essential supplies. In the arrangements to be
made respecting the establishment of such troops as may be
deemed indispensable, we shall, with pleasure, provide for
the comfortable support of the officers and soldiers, with
a due regard to economy. We regret that the pacific
measures adopted by Government, with regard to certain
hostile tribes of Indians, have not been attended with the
beneficial effects towards the inhabitants of our Southern
and Western frontiers which we had reason to hope, and we
shall cheerfully co-operate in providing the most effectual
means for their protection, and, if necessary, for the
punishment of aggressors. The uniformity of the currency,
and of weights and measures; the introduction of new and
useful inventions from abroad, and the exertions of skill
and genius in producing them at home; the facilitating the
communication between the distant parts of our country, by
means of the Post-Office and post-roads; a provision for
the support of the Department of Foreign Affairs, and a
uniform rule of naturalization, by which foreigners may be
admitted to the rights of citizens, are objects which shall
receive such early attention as their respective importance
requires. Literature and Science are essential to the
preservation of a free constitution: the measures of
Government should, therefore, be calculated to strengthen
the confidence that is due to that important truth.
Agriculture, Commerce, and Manufactures, forming the basis
of the wealth and strength of our confederated Republic,
must be the frequent subject of our deliberation, and shall
be advanced by all proper means in our power. Public Credit
being an object of great importance, we shall cheerfully
co-operate in all proper measures for its support. Proper
attention shall be given to such papers and estimates as
you may be pleased to lay before us. Our cares and efforts
shall be directed to the welfare of our country; and we
have the most perfect dependence upon your co-operating
with us, on all occasions, in such measures as will insure
to our fellow-citizens the blessings which they have a
right to expect from a free, efficient, and equal
Government.

TUESDAY, January 12.

_Ordered_, That the Address to the President of the United States, in answer to his speech, be presented by the Vice President, attended by the Senate, and that the committee which reported the address wait on the President, and desire to be informed at what time and place he will receive the same.

Mr. KING, in behalf of the committee, reported that it would be agreeable to the President to receive the address of the Senate, in answer to his speech, on Thursday next, at 11 o'clock, at his own house.

WEDNESDAY, January 13.

JONATHAN ELMER, from New Jersey, attended.

BENJAMIN HAWKINS, from North Carolina, appeared, produced his credentials, and took his seat.

The Vice President administered the oath to Mr. HAWKINS.

THURSDAY, January 14.

Agreeably to the order of the 12th instant, the Senate waited on the President of the United States, at his own house, where the Vice President, in their name, delivered to the President of the United States the address agreed to on the 11th instant:

To which the President of the United States was pleased to make the following reply:

_Gentlemen:_ I thank you for your address, and for the
assurances which it contains of attention to the several
matters suggested by me to your consideration.

Relying on the continuance of your exertions for the public
good, I anticipate for our country the salutary effects of
upright and prudent counsels.

G. WASHINGTON.

The Senate having returned to the Senate Chamber, adjourned.

FRIDAY, January 15.

_Ordered_, That Messrs. ELLSWORTH, HAWKINS, and PATERSON, be a committee to bring in a bill, in addition to "An act to establish the Judicial Courts of the United States."

WEDNESDAY, January 20.

On motion,

_Resolved_, That Messrs. ELLSWORTH, MACLAY, and HENRY, be a
committee to confer with such committee as may be appointed
on the part of the House of Representatives, to consider
and report whether or not the business began previous to
the late adjournment of Congress, shall now be proceeded in
as if no adjournment had taken place.

_Ordered_, That a message be sent to the House of Representatives, acquainting them herewith, and requesting the appointment of a similar committee on their part.

THURSDAY, January 21.

ROBERT MORRIS from Pennsylvania, attended.

A message from the House of Representatives informed the
Senate that they had agreed to the appointment of a
committee on their part, consisting of Messrs. SHERMAN,
THATCHER, HARTLEY, WHITE, and JACKSON, to confer with the
committee appointed on the part of the Senate, to consider
and report whether or not the business begun previous to
the late adjournment of Congress, shall now be proceeded in
as if no adjournment had taken place.

FRIDAY, January 22.

Mr. ELLSWORTH, on behalf of the "joint committee of the two Houses, appointed to consider and report whether or not the business begun previous to the late adjournment of Congress, shall now be proceeded in as if no adjournment had taken place," reported.

_Ordered_, That the consideration of the report be deferred until Monday next.

MONDAY, January 25.

The Senate proceeded to consider the report of the joint committee of the Senate and House of Representatives, appointed the 20th instant, to wit: "that the business unfinished between the two Houses at the late adjournment ought to be regarded as if it had not been passed upon by either;"

And, on motion that the report of the committee be postponed, it passed in the negative.

And, upon the question to agree to the report of the committee, the yeas and nays being required by one-fifth of the Senators present:

_Yeas._--Messrs. Butler, Dalton, Ellsworth, Few, Hawkins,
Henry, Johnson, King, Schuyler, and Strong--10.

_Nays._--Messrs. Bassett, Elmer, Izard, Langdon, Maclay,
Morris, Paterson, and Wingate--8.

And so it passed in the affirmative.

And it was

_Resolved_, That the business unfinished between the two
Houses at the late adjournment ought to be regarded as if
it had not been passed upon by either.

TUESDAY, January 26.

A message from the House of Representatives announced their agreement with the Senate in their resolution, that the business unfinished between the two Houses, at the late adjournment, ought to be regarded as if it had not been passed upon by either.

THURSDAY, January 28.

On motion it was

_Ordered_, That the letter from the Governor of Rhode Island of the 18th of January instant, to the President of the United States, requesting a further suspension of the acts of Congress subjecting the citizens of the State of Rhode Island to the payment of foreign tonnage and foreign duties, during the pleasure of Congress, and communicated with the President's message this day, be referred to the same committee.

FRIDAY, January 29.

SAMUEL JOHNSTON, from North Carolina, appeared, produced his credentials, and took his seat in the Senate.

The Vice President administered the oath to Mr. JOHNSTON.

TUESDAY, May 11.

The Senate proceeded to consider the report of the committee appointed the 28th of April, to consider what provisions will be proper for Congress to make, in the present session, respecting the State of Rhode Island; whereupon,

_Resolved_, That all commercial intercourse between the United States and the State of Rhode Island, from and after the first day of July next, be prohibited, under suitable penalties; and that the President of the United States be authorized to demand of the State of Rhode Island ---- dollars, to be paid into the Treasury of the United States by the ---- day of ---- next; which shall be credited to the said State, in account with the United States; and that a bill or bills be brought in for those purposes.

_Ordered_, That the committee who brought in the above report prepare and report a bill accordingly.

THURSDAY, May 13.

Mr. ELLSWORTH, reported, from the committee appointed May 3d, to consider and report their opinion on the question, when according to the constitution, the terms for which the President, Vice President, Senators, and Representatives, have been respectively chosen, shall be deemed to have commenced; and, also, to consider of, and report their opinion on such other matters as they shall conceive have relation to this question.

_Ordered_, That this report lie for consideration.

FRIDAY, May 14.

The Senate proceeded to consider the report of the joint committee, appointed the 28th of April, which is as follows:

The committee of the Senate, to join with a committee
appointed by the House of Representatives, to consider and
report their opinion on the question, when, according to
the Constitution, the terms for which the President, Vice
President, Senators, and Representatives, have been
respectively chosen, shall be deemed to have commenced;
and, also, to consider of, and report their opinion on,
such other matters as they should conceive to have relation
to this question, report, as the opinion of the said joint
committee: