Chapter II: Introduction (1)
The debates of Congress have been accruing for near seventy years, and fill more than an hundred volumes, and cannot be purchased for less than $500, nor advantageously used, on account of the quantity of superfluous matter which they contain. They are printed in full by Congress, and ought to be so, and a small distribution is made among the members; but this distribution cannot reach the community, and would be nearly useless if it did, from the quantity of obsolete, local and transient matter which overloads them. In the mean time, these debates contain the history of the working of our Government from its foundation--preserve and hand down to posterity the wisdom of ages--show what has been done, and how it was done--and shed light upon the study of all impending questions; for there is not a question of the day, and will not be while the Government continues, which will not be illustrated by something previously said in these debates.
All works consisting of periodical accumulations require periodical abridgment, in which, being relieved of what is superfluous, the residuum becomes more valuable from the disencumbrance--of easier use to the reader--and more accessible to the community, from the diminution of price and quantity. Even the reports of the Supreme Court of the United States, though comparatively free from redundant or obsolete matter, have undergone abridgment--three volumes reduced to one--and become more valuable from the reduction. The same may be done with these debates, and with a far greater license of reduction, from the very nature of popular debating. Some fifteen or sixteen octavo volumes, double columns, are expected to contain all that retains a surviving interest in the (more than) one hundred volumes, now surcharged with the full debates.
The abridgment will not be restricted to the speeches of the celebrated orators, but extend to those of the business men, and to the plainest speakers--who are often the members who give the most useful information. Full speeches are not expected to be given, there being none, after a short time, which do not contain much matter that has lost its interest. Many entire heads of reported proceedings and discussions would be omitted: as--The morning presentation of petitions, often the same for ten or twenty years, and presented in both Houses at the same time: discussion on private bills, which have no general interest: mere personalities: the endless repetition of yeas and nays, sometimes recorded an hundred times in contests about the same bill, when three or four sets would be sufficient to show the opinion of every member upon every material point: repetitions of speeches, for it is impossible that a member speaking for ten or twenty sessions on the same subject, (tariff, internal improvement, national bank, &c.) should not repeat the same thing over and over again.
The work is intended to be national, such as would commend itself to the study, and come within the reach, of all who aspire to a share in the public affairs, either State or Federal; or who wish to understand the history and working of their own Government. It is the only way in which the wisdom of the earlier generation of our statesmen who put the Government into operation--the Madisons, Gallatins, John Marshalls, William B. Giles, the Fisher Ames, Roger Shermans, &c.--can be made known to the present or future ages; and it is the best way in which the speeches of those who have lived in our own day, even the most eminent, can be diffused. For the speeches of no one, published in mass and alone, can have more than a local circulation; while judicious selections from a whole debate, enlivened by the vivacity of contention, going into a general work of this kind, must have a general circulation, and carry the name of the speaker, and the best of his speaking, into every part of the Union.
Some notes, or commentaries, will be added by the author, discriminated from the text, to mark great starting, or turning points, in our legislative history, with a view to assist the reader in making the practical applications which give utility to knowledge. For example: At the beginning of the first tariff debate in the first session of the first Congress, he will show that Mr. Madison compressed into twenty-two short lines, of eight or nine words each, all the principles of impost and tonnage duties which have governed all wise legislation upon the two subjects from that time to the present--namely: Specific duties the rule--_ad valorems_ the exception: revenue the object--incidental encouragement to home industry the incident: specifics on all the leading and staple articles--_ad valorems_ on the inferior remainder: discrimination between articles of luxury and necessity, so as to put the burthen on the former--and between articles made, or not made, at home, so as to give encouragement to the home article: and all these duties moderate, so as not to shackle trade or agriculture. These were his principles on impost duties. Those on tonnage consisted of discriminations in favor of our own ships, and in favor of nations having treaties of commerce with us, so as to encourage our own ship-building and navigation, and also to stimulate all nations to make commercial treaties with us. And thus, every object of impost legislation was provided for:--revenue for the Government, encouragement to home industry, exemption from burthen to trade and agriculture.
Then, at the end of that debate, (which began in April, and ended in May,) it will be shown that a rate of duties was established, corresponding with these principles--all moderate, and adapted each to its object: five per centum on the lowest class of _ad valorems_, seven and a half on the next, and fifteen for the highest, and it of luxuries. The specific duties, applicable to the mass of the importations, at the same low rate; and this low rate, on the small importation of that time, and with the economy of that time, producing seven times the amount of revenue necessary for the "_support_" of the Government! leaving six sevenths to go to the public debt and Indian wars. The same rates of duty, with the same economy, ought to be equally sufficient now upon a sevenfold importation of dutiable goods.
The Emperor Justinian, in compiling his Institutes, commended their study to the liberal-minded youth of the empire who aspired to employment in the government; for that emperor, although a great and victorious general, yet placed the arts of peace and government above the exploits of war, and wished to see law and order, more than arms, studied and cultivated in his dominion. The great Emperor Napoleon had the same appreciation of legal and civil studies; and hence the Four Codes, at the digest of which he personally assisted, and the conception and execution of which do so much honor to his memory. In our own government the career of public employment is open to all, and should be prepared for by all who aspire to enter it. Of elementary political works we have many, and excellent; but most of them only teach principles, and that abstractly, without practice. Practical works are wanted to complete the study, and of these the most ample and least ungrateful may be a well-considered and impartial abridgment of the Debates of Congress.
And here the Author discharges an obligation of gratitude and justice to the earlier generation of our statesmen. He owes what he is to them. His political principles were learnt in their school--his knowledge obtained from their works--his patriotism confirmed by their example--his love of the Union exalted by their teaching.
THE AUTHOR.
WASHINGTON CITY, May, 1856.
FIRST CONGRESS.--FIRST SESSION.
HELD AT THE CITY OF NEW YORK, MARCH 4 TO SEPTEMBER 29, 1789.
PRESIDENT OF THE UNITED STATES,--GEORGE WASHINGTON.
PROCEEDINGS[2] IN THE SENATE.
WEDNESDAY, March 4, 1789.
This being the day for the meeting of the new Congress, the following members of the Senate appeared and took their seats:[3]
From New Hampshire, JOHN LANGDON and PAINE WINGATE.
From Massachusetts, CALEB STRONG.
From Connecticut, WILLIAM S. JOHNSON and OLIVER ELLSWORTH.
From Pennsylvania, WILLIAM MACLAY and ROBERT MORRIS.
From Georgia, WILLIAM FEW.
The members present not being a quorum, they adjourned from day to day, until
WEDNESDAY, March 11.
When the same members being present as on the 4th instant, it was agreed that a circular should be written to the absent members, requesting their immediate attendance.
THURSDAY, March 12.
No additional members appearing, the members present adjourned from day to day, until
WEDNESDAY, March 18.
When no additional members appearing, it was agreed that another circular should be written to eight of the nearest absent members, particularly desiring their attendance, in order to form a quorum.
THURSDAY, March 19.
WILLIAM PATERSON, from New Jersey, appeared and took his seat.
FRIDAY, March 20.
No additional member appeared.
SATURDAY, March 21.
RICHARD BASSETT, from Delaware, appeared and took his seat.
A sufficient number of members to form a quorum not appearing, the members present adjourned from day to day, until
SATURDAY, March 28.
JONATHAN ELMER, from New Jersey, appeared and took his seat.
No other member appearing, an adjournment took place from day to day, until
MONDAY, April 6.
RICHARD HENRY LEE, from Virginia, then appearing, took his seat and formed a quorum of the whole Senators of the United States.
The credentials of the members present being read and ordered to be filed, the Senate proceeded, by ballot, to the choice of a President for the sole purpose of opening and counting the votes for President of the United States.
JOHN LANGDON was elected.
_Ordered_, That Mr. ELLSWORTH inform the House of Representatives that a quorum of the Senate is formed; that a President is elected for the sole purpose of opening the certificates, and counting the votes of the electors of the several States, in the choice of a President and Vice President of the United States; and that the Senate is now ready, in the Senate Chamber, to proceed in the presence of the House, to discharge that duty; and that the Senate have appointed one of their members to sit at the clerk's table, to make a list of the votes as they shall be declared; submitting it to the wisdom of the House to appoint one or more of their members for the like purpose.
Mr. ELLSWORTH reported that he had delivered the message; and Mr. BOUDINOT, from the House of Representatives, informed the Senate that the House is ready forthwith to meet them, to attend the opening and counting of the votes of the electors of the President and Vice President of the United States.
The Speaker and the members of the House of Representatives attended in the Senate Chamber; and the President elected for the purpose of counting the votes, declared that the Senate and House of Representatives had met, and that he, in their presence, had opened and counted the votes of the electors for President and Vice President of the United States, which were as follows:
[Transcriber's Note: Legend Created to make table fit.]
A = George Washington, Esq. B = John Adams, Esq. C = Samuel Huntingdon, Esq. D = John Jay, Esq. E = John Hancock, Esq. F = Robert H. Harrison, Esq. G = George Clinton, Esq. H = John Rutledge, Esq. I = John Milton, Esq. J = James Armstrong, Esq. K = Edward Telfair, Esq. L = Benjamin Lincoln, Esq.
STATES.
A B C D E F G H I J K L New Hampshire, 5 5 Massachusetts, 10 10 Connecticut, 7 5 2 New Jersey, 6 1 .. 5 Pennsylvania, 10 8 .. .. 2 Delaware, 3 .. .. 3 Maryland, 6 .. .. .. .. 6 Virginia, 10 5 .. 1 1 .. 3 South Carolina, 7 .. .. .. 1 .. .. 6 Georgia, 5 .. .. .. .. .. .. .. 2 1 1 1
Total, 69 34 2 9 4 6 3 6 2 1 1 1
Whereby it appeared that GEORGE WASHINGTON, Esq. was elected President, and JOHN ADAMS, Esq. Vice President of the United States of America.
Mr. MADISON, from the House of Representatives, thus addressed the Senate:
MR. PRESIDENT: I am directed by the House of
Representatives to inform the Senate, that the House have
agreed that the notifications of the election of the
President and of the Vice President of the United States,
should be made by such persons, and in such manner, as the
Senate shall be pleased to direct.
And he withdrew.
Whereupon, the Senate appointed CHARLES THOMSON, Esq. to notify GEORGE WASHINGTON, Esq. of his election to the office of President of the United States of America, and Mr. SYLVANUS BOURN, to notify JOHN ADAMS, Esq. of his election to the office of Vice President of the said United States.
A letter was received from James Duane, Esq. enclosing resolutions of the mayor, aldermen, and commonalty, of the city of New York, tendering to Congress the use of the City Hall.
James Mathews was elected doorkeeper.
TUESDAY, April 7.
Messrs. ELLSWORTH, PATERSON, MACLAY, STRONG, LEE, BASSETT, FEW, and WINGATE, were appointed a committee to bring in a bill for organizing the Judiciary of the United States.
Messrs. ELLSWORTH, LEE, STRONG, MACLAY, and BASSETT, were appointed a committee to prepare rules for the government of the two Houses in cases of conference, and to take under consideration the manner of electing chaplains, and to confer thereupon with a committee of the House of Representatives.
The same committee were also to prepare rules for conducting the business of the Senate.
WEDNESDAY, April 8.
The Senate proceeded to ballot for a Secretary, and SAMUEL ALYNE OTIS, Esq. was elected.
Cornelius Maxwell was appointed messenger.
THURSDAY, April 9.
Messrs. LANGDON, JOHNSON, and FEW, were appointed a committee to make arrangements for receiving the President, and were empowered to confer with any committee of the House of Representatives that may be appointed for that purpose.
MONDAY, April 13.
RALPH IZARD, from South Carolina, CHARLES CARROLL, from Maryland, and GEORGE REED, from Delaware, appeared and took their seats.
The report of the committee to prepare rules for conducting the business of the Senate was read, and ordered to lie for consideration.
Messrs. JOHNSON, IZARD, and MACLAY, were appointed a committee to confer with any committee appointed on the part of the House of Representatives, upon the future disposition of the papers in the office of the late Secretary of Congress, and report thereon.
The committee appointed to make arrangements for receiving the President, were directed to settle the manner of receiving the Vice President also.
Mr. CARROLL and Mr. IZARD were added to the Judiciary Committee.
TUESDAY, April 14.
TRISTRAM DALTON, from Massachusetts, appeared and took his seat.
A letter was written to the mayor of the city of New York, by the President of the Senate, acknowledging the respect shown to the Government, and accepting of the offer made by him of the City Hall for the use of Congress.
MONDAY, April 20.
JOHN HENRY, from Maryland, and JAMES GUNN, from Georgia, appeared and took their seats.
Messrs. STRONG and IZARD were appointed a committee to wait on the Vice President, and conduct him to the Senate Chamber.
TUESDAY, April 21.
The committee appointed to conduct the Vice President to the Senate Chamber, executed their commission, and Mr. LANGDON, the Vice President _pro tempore_, meeting the Vice President on the floor of the Senate Chamber, addressed him as follows.
SIR: I have it in charge from the Senate, to introduce you
to the chair of this House; and, also, to congratulate you
on your appointment to the office of Vice President of the
United States of America.
[After which Mr. Langdon conducted the Vice President to the chair, when the Vice President addressed the Senate in a speech of congratulation on the successful formation of the Federal Union, the adoption of the Federal Constitution, and the auspicious circumstances under which the new government came into operation, under the presidency of him who had led the American armies to victory, and conducted by those who had contributed to achieve Independence.]
FRIDAY, April 24.
On motion, to reconsider the commission of the committee appointed the 23d instant, to report what titles shall be annexed to the offices of President and Vice President. Passed in the affirmative.
On motion, that the following words, "What titles it will be proper to annex to the offices of President and of Vice President of the United States; if any other than those given in the Constitution," be struck out. Passed in the negative.
On motion, that the words "style or" before the word "title," be added. Passed in the affirmative.
SATURDAY, April 25.
The Right Reverend SAMUEL PROVOST was elected Chaplain.
A letter from CHARLES THOMSON, Esq., dated the 24th of April, 1789, directed to the President of the Senate, purporting his having delivered to General WASHINGTON the certificate of his being elected President of the United States, was read, and ordered to be filed.
The committee appointed to consider of the time, place, and manner, in which, and of the person by whom, the oath prescribed by the Constitution shall be administered to the President of the United States, and to confer with a committee of the House appointed for that purpose, report:
That the President hath been pleased to signify to them,
that at any time or place which both Houses may think
proper to appoint, and any manner which shall appear most
eligible to them, will be convenient and acceptable to
him; that requisite preparations cannot probably be made
before Thursday next; that the President be on that day
formally received by both Houses in the Senate Chamber;
that the Representatives' Chamber being capable of
receiving the greater number of persons, that, therefore,
the President do take the oath in that place, and in the
presence of both Houses.
That, after the formal reception of the President in the
Senate Chamber, he be attended by both Houses to the
Representatives' Chamber, and that the oath be administered
by the Chancellor of the State of New York.
The committee farther report it as their opinion, that it
will be proper that a committee of both Houses be appointed
to take order for conducting the business. Read and
accepted.
Whereupon, Mr. LEE, Mr. IZARD, and Mr. DALTON, on the part of the Senate, together with a committee that may be appointed on the part of the House of Representatives, were empowered to take order for conducting the business.
An order of the House of Representatives, concurring in the appointment of a committee on their part to confer with a committee appointed on the 24th instant, on the part of the Senate, to consider and report, "what style, &c., it will be proper to annex to the offices of President and Vice President," was read, by which it appeared, that Mr. BENSON, Mr. AMES, Mr. MADISON, Mr. CARROLL, and Mr. SHERMAN, were appointed on the part of the House.
MONDAY, April 27.
The committee appointed to take order for conducting the ceremonial of the formal reception, &c., of the President, reported:
That it appears to them more eligible that the oath should
be administered to the President in the outer gallery
adjoining the Senate Chamber, than in the Representatives'
Chamber, and therefore, submit to the respective Houses the
propriety of authorizing their committee to take order as
to the place where the oath shall be administered to the
President, the resolution of Saturday assigning the
Representatives' Chamber as the place, notwithstanding.
Read and accepted.
_Resolved_, That after the oath shall have been
administered to the President, he, attended by the Vice
President, and members of the Senate, and House of
Representatives, proceed to St. Paul's Chapel, to hear
divine service, to be performed by the Chaplain of Congress
already appointed. Sent to the House of Representatives for
concurrence.
TUESDAY, April 28.
Received from the House of Representatives, the report of a joint committee on the ceremonial to be observed in administering the oath, &c., to the President; and a bill to regulate the time and manner of administering certain oaths. The report was read and ordered to lie on the table; and the bill received its first reading.
THURSDAY, April 30.
Mr. LEE, in behalf of the committee appointed to take order for conducting the ceremonial of the formal reception, &c., of the President of the United States, having informed the Senate that the same was adjusted, the House of Representatives were notified that the Senate were ready to receive them in the Senate Chamber, to attend the President of the United States, while taking the oath required by the Constitution. Whereupon, the House of Representatives, preceded by their Speaker, came into the Senate Chamber, and took the seats assigned them, and the joint committee, preceded by their chairman, agreeably to order, introduced the President of the United States to the Senate Chamber, where he was received by the Vice President, who conducted him to the chair, when the Vice President informed him, that "the Senate, and House of Representatives of the United States, were ready to attend him to take the oath required by the Constitution, and that it would be administered by the Chancellor of the State of New York." To which the President replied, he was ready to proceed; and being attended to the gallery in front of the Senate Chamber, by the Vice President and Senators, the Speaker and Representatives, and the other public characters present, the oath was administered. After which, the Chancellor proclaimed, "_Long live George Washington, President of the United States_."
The PRESIDENT, having returned to his seat, after a short pause arose, and addressed the Senate and House of Representatives as follows:[4]
_Fellow-Citizens of the Senate, and of the House of
Representatives:_
Among the vicissitudes incident to life, no event could
have filled me with greater anxieties than that of which
the notification was transmitted by your order, and
received on the 14th day of the present month. On the one
hand, I was summoned by my country, whose voice I can never
hear but with veneration and love, from a retreat which I
had chosen with the fondest predilection, and, in my
flattering hopes, with an immutable decision, as the asylum
of my declining years: a retreat which was rendered every
day more necessary, as well as more dear to me, by the
addition of habit to inclination, and of frequent
interruptions in my health, to the gradual waste committed
on it by time. On the other hand, the magnitude and
difficulty of the trust to which the voice of my country
called me, being sufficient to awaken in the wisest and
most experienced of her citizens a distrustful scrutiny
into his qualifications, could not but overwhelm with
despondence one, who, inheriting inferior endowments from
nature, and unpractised in the duties of civil
administration, ought to be peculiarly conscious of his own
deficiencies. In this conflict of emotions, all I dare aver
is, that it has been my faithful study to collect my duty
from a just appreciation of every circumstance by which it
might be effected. All I dare hope is that if, in executing
this task, I have been too much swayed by a grateful
remembrance of former instances, or by an affectionate
sensibility to this transcendent proof of the confidence of
my fellow-citizens, and have thence too little consulted my
incapacity as well as disinclination for the weighty and
untried cares before me, my error will be palliated by the
motives which misled me, and its consequences be judged by
my country, with some share of the partiality in which they
originated.
* * * * *
To the preceding observations I have one to add, which will
be most properly addressed to the House of Representatives.
It concerns myself, and will, therefore, be as brief as
possible. When I was first honored with a call into the
service of my country, then on the eve of an arduous
struggle for its liberties, the light in which I
contemplated my duty required that I should renounce every
pecuniary compensation. From this resolution I have in no
instance departed. And being still under the impressions
which, produced it, I must decline, as inapplicable to
myself, any share in the personal emoluments which may be
indispensably included in a permanent provision for the
executive department; and must accordingly pray that the
pecuniary estimates for the station in which I am placed
may, during my continuance in it, be limited to such actual
expenditures as the public good may be thought to require.
Having thus imparted to you my sentiments, as they have
been awakened by the occasion which brings us together, I
shall take my present leave; but not without resorting once
more to the benign Parent of the human race, in humble
supplication, that since He has been pleased to favor the
American people with opportunities for deliberating in
perfect tranquillity, and dispositions for deciding with
unparalleled unanimity on a form of Government for the
security of their union, and the advancement of their
happiness, so his divine blessing may be equally
conspicuous in the enlarged views, the temperate
consultations, and the wise measures, on which the success
of this Government must depend.
G. WASHINGTON.
_April 30, 1789._
The President, the Vice President, the Senate, and House of Representatives, &c., then proceeded to St. Paul's Chapel, where divine service was performed by the chaplain of Congress, after which the President was reconducted to his house by the committee appointed for that purpose.
The Vice President and Senate returned to the Senate Chamber; and,
Upon motion, unanimously agreed, That a committee of three should be appointed to prepare an answer to the President's speech. Mr. JOHNSON, Mr. PATERSON, and Mr. CARROLL, were elected.
THURSDAY, May 7.
The committee appointed to confer with such committee as might be appointed on the part of the House of Representatives, to report what style or titles it will be proper to annex to the offices of President and of Vice President of the United States, if any other than those given in the Constitution, reported.
Which report was ordered to lie for consideration.
The committee appointed to prepare an answer to the President's speech, delivered to the Senate and House of Representatives of the United States, reported as follows:
SIR: We, the Senate of the United States, return you our
sincere thanks for your excellent speech delivered to both
Houses of Congress; congratulate you on the complete
organization of the Federal Government; and felicitate
ourselves and our fellow-citizens on your elevation to the
office of President; an office highly important by the
powers constitutionally annexed to it, and extremely
honorable from the manner in which the appointment is made.
The unanimous suffrage of the elective body in your favor,
is peculiarly expressive of the gratitude, confidence, and
affection of the citizens of America, and is the highest
testimonial at once of your merit and their esteem. We are
sensible, sir, that nothing but the voice of your
fellow-citizens could have called you from a retreat,
chosen with the fondest predilection, endeared by habit,
and consecrated to the repose of declining years. We
rejoice, and with us all America, that, in obedience to the
call of our common country, you have returned once more to
public life. In you all parties confide; in you all
interests unite; and we have no doubt that your past
services, great as they have been, will be equalled by your
future exertions; and that your prudence and sagacity as a
statesman will tend to avert the dangers to which we are
exposed, to give stability to the present Government, and
dignity and splendor to that country, which your skill and
valor, as a soldier, so eminently contributed to raise to
independence and empire.
When we contemplate the coincidence of circumstances, and
wonderful combination of causes, which gradually prepared
the people of this country for independence; when we
contemplate the rise, progress, and termination of the late
war, which gave them a name among the nations of the earth;
we are, with you, unavoidably led to acknowledge and adore
the great Arbiter of the universe, by whom empires rise and
fall. A review of the many signal instances of divine
interposition in favor of this country claims our most
pious gratitude; and permit us, sir, to observe, that,
among the great events which have led to the formation and
establishment of a Federal Government, we esteem your
acceptance of the office of President as one of the most
propitious and important.
In the execution of the trust reposed in us, we shall
endeavor to pursue that enlarged and liberal policy to
which your speech so happily directs. We are conscious that
the prosperity of each State is inseparably connected with
the welfare of all, and that, in promoting the latter, we
shall effectually advance the former. In full persuasion of
this truth, it shall be our invariable aim to divest
ourselves of local prejudices and attachments, and to view
the great assemblage of communities and interests committed
to our charge with an equal eye. We feel, sir, the force,
and acknowledge the justness of the observation, that the
foundation of our national policy should be laid in private
morality. If individuals be not influenced by moral
principles, it is in vain to look for public virtue; it is,
therefore, the duty of legislators to enforce, both by
precept and example, the utility, as well as the necessity,
of a strict adherence to the rules of distributive justice.
We beg you to be assured that the Senate will, at all
times, cheerfully co-operate in every measure which may
strengthen the Union, conduce to the happiness, or secure
and perpetuate the liberties of this great confederated
republic.
We commend you, sir, to the protection of Almighty God,
earnestly beseeching him long to preserve a life so
valuable and dear to the people of the United States; and
that your administration may be prosperous to the nation,
and glorious to yourself.
Read and accepted; and
_Ordered_, That the Vice President should affix his
signature to the address, in behalf of the Senate.
FRIDAY, May 8.
The report of the committee appointed to determine "What style or title it will be proper to annex to the offices of President and Vice President of the United States, if any other than those given in the Constitution;" and to confer with a committee of the House of Representatives appointed for the same purpose, was considered, and disagreed to.
The question was taken, "Whether the President of the United States shall be addressed by the title of _His Excellency_?" and it passed in the negative.
On motion that a committee of three be appointed to consider and report under what title it will be proper for the Senate to address the President of the United States, Mr. LEE, Mr. ELLSWORTH, and Mr. JOHNSON, were elected.
SATURDAY, May 9.
A message from the House of Representatives informed the Senate that they had accepted the report of the committee appointed to consider what style or title it will be proper to annex to the offices of President and Vice President of the United States, if any other than those given in the Constitution.
_Ordered_, That Mr. FEW, Mr. MACLAY, and Mr. STRONG, be a
committee to view the apartments in the City Hall, and to
confer with any committee that may be appointed by the
House of Representatives for that purpose, and report how
the same shall be appropriated.
The committee appointed to consider under what title it will be proper for the Senate to address the President of the United States, reported; the consideration of which was postponed until Monday next.
The Secretary was charged with a message to the House of Representatives, with the order of Senate passed the 7th instant, on the mode adopted by the Senate in receiving communications from that House.
_Ordered_, That Mr. LEE, Mr. ELLSWORTH, and Mr. JOHNSON, be
a committee to confer with any committee to be appointed by
the House of Representatives, on the difference of opinion
now subsisting between the two Houses, respecting the title
of the President of the United States; and, on motion for
reconsideration, the instruction to the committee was
agreed to, as follows:
"That they consider and report under what title it will be
proper for the President of the United States in future to
be addressed, and confer thereon with such committee as the
House of Representatives may appoint for that purpose."
The Secretary carried to the House of Representatives the appointment of a committee, on the part of the Senate, to view the rooms in the City Hall, and to confer upon their appropriation;
The rejection of the report of the committee appointed to consider what style, &c., it will be proper to annex to the offices of President and of Vice President;
And the appointment of a committee on the part of the Senate to confer on a title under which it will be proper to address the President of the United States.
MONDAY, May 11.
_Ordered_, That the consideration of the report of the
committee upon "the title by which it will be proper for
the Senate to address the President," be postponed until
Tuesday next.
TUESDAY, May 12.
_Ordered_, That the committee appointed the 9th of May, to
consider "by what title it will be proper for the Senate to
address the President of the United States", be instructed
to confer with the committee of the House of
Representatives, agreeably to the proposition in their
message of this day.
A motion for the committee, appointed to address the
President, to proceed, was postponed to Thursday next.
THURSDAY, May 14.
The committee, appointed the 9th instant, to determine "under what title it will be proper for the Senate to address the President," and to confer with a committee of the House of Representatives "upon the disagreeing votes of the Senate and House," informed the Senate that they had conferred with a committee of the House of Representatives, but could not agree upon a report.
The committee appointed the 9th instant, "to consider and report under what title it will be proper for the Senate to address the President of the United States of America," reported:
That, in the opinion of the committee, it will be proper
thus to address the President: "_His Highness, the
President of the United States of America, and Protector of
their Liberties_."
Which report was postponed; and the following resolve was agreed to, to wit:
From a decent respect for the opinion and practice of
civilized nations, whether under monarchical or republican
forms of Government, whose custom is to annex titles of
respectability to the office of their Chief Magistrate; and
that, on intercourse with foreign nations, a due respect
for the majesty of the people of the United States may not
be hazarded by an appearance of singularity, the Senate
have been induced to be of opinion, that it would be proper
to annex a respectable title to the office of President of
the United States; but, the Senate, desirous of preserving
harmony with the House of Representatives, where the
practice lately observed in presenting an address to the
President was without the addition of titles, think it
proper, for the present, to act in conformity with the
practice of that House: therefore,
_Resolved_, That the present address be "_To the President
of the United States_," without addition of title.
A motion was made to strike out the preamble as far as the words "but the Senate;" which passed in the negative:
And on motion for the main question, it passed in the affirmative.
The committee appointed to consider and report a mode of carrying into effect the provision in the second clause of the third section of the first article of the Constitution, reported;
Whereupon,
_Resolved_, That the Senators be divided into three
classes;
The first to consist of Mr. Langdon, Mr. Johnson, Mr.
Morris, Mr. Henry, Mr. Izard, and Mr. Gunn;
The second of Mr. Wingate, Mr. Strong, Mr. Paterson, Mr.
Bassett, Mr. Lee, Mr. Butler, and Mr. Few;
And the third of Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr.
Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson.
That three papers of an equal size, numbered 1, 2, and 3,
be, by the Secretary, rolled up and put into a box, and
drawn by Mr. Langdon, Mr. Wingate, and Mr. Dalton, in
behalf of the respective classes, in which each of them are
placed; and that the classes shall vacate their seats in
the Senate, according to the order of numbers drawn for
them, beginning with No. 1.
And that, when Senators shall take their seats from States
that have not yet appointed Senators, they shall be placed
by lot in the foregoing classes, but in such manner as
shall keep the classes as nearly equal as may be in
numbers.
The committee appointed to confer with a committee of the House of Representatives, in preparing proper rules to be established for the enrolment, &c. of the acts of Congress, reported; which report was ordered to lie for consideration.
_Ordered_, That the committee appointed to draft an answer
to the President's speech, wait on him, and request him to
appoint the time when it will be agreeable to receive the
address of the Senate, at his own house.
FRIDAY, May 15.
The committee appointed to draft an answer to the President's speech further reported; whereupon it was
_Agreed_, That the Senate should wait on the President at
his own house on Monday next, at a quarter after 11
o'clock, and that the Vice President then present the
address of the Senate, as agreed to on the 7th instant.
The Senate proceeded to determine the classes, agreeably to the resolve of yesterday, on the mode of carrying into effect the provision of the second clause of the third section of the first article of the Constitution; and the numbers being drawn, the classes were determined as follows:
Lot No. 1, drawn by Mr. Dalton, contained Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr. Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson; whose seats shall, accordingly, be vacated in the Senate at the expiration of the second year.
Lot No. 2. drawn by Mr. Wingate, contained Mr. Wingate, Mr. Strong, Mr. Paterson, Mr. Bassett, Mr. Lee, Mr. Butler, and Mr. Few; whose seats shall, accordingly, be vacated in the Senate at the expiration of the fourth year.
Lot No. 3, drawn by Mr. Langdon, contained Mr. Langdon, Mr. Johnson, Mr. Morris, Mr. Henry, Mr. Izard, and Mr. Gunn; whose seats shall, accordingly, be vacated in the Senate at the expiration of the sixth year.
MONDAY, May 18.
Agreeably to the order of the 15th instant, the Senate waited on the President of the United States at his own house, when the Vice President, in their name, delivered to the President the address agreed to on the 7th instant. To which the President of the United States was pleased to make the following reply:
GENTLEMEN: I thank you for your address, in which the most
affectionate sentiments are expressed in the most obliging
terms. The coincidence of circumstances which led to this
auspicious crisis, the confidence reposed in me by my
fellow-citizens, and the assistance I may expect from
counsels which will be dictated by an enlarged and liberal
policy, seem to presage a more prosperous issue to my
administration than a diffidence of my abilities had taught
me to anticipate. I now feel myself inexpressibly happy in
a belief that Heaven, which has done so much for our infant
nation, will not withdraw its providential influence before
our political felicity shall have been completed, and in a
conviction that the Senate will at all times co-operate in
every measure which may tend to promote the welfare of this
confederated republic. Thus supported by a firm trust in
the great Arbiter of the universe, aided by the collective
wisdom of the Union, and imploring the divine benediction
on our joint exertions in the service of our country, I
readily engage with you in the arduous but pleasing task of
attempting to make a nation happy.
G. WASHINGTON.
THURSDAY, May 21.
WILLIAM GRAYSON, from Virginia, appeared and took his seat.
_Resolved_, That all bills on a second reading shall be
considered by the Senate in the same manner as if the
Senate were in a committee of the whole, before they shall
be taken up and proceeded on by the Senate, agreeably to
the standing rules, unless otherwise ordered.
MONDAY, May 25.
The Senate to-day, for the first time, entered upon executive business, having received from the President of the United States a communication covering a report from the Secretary of War, on the negotiations of the Governor of the Western Territory with certain northern and north-western Indians, and the treaties made in consequence thereof at Fort Harmar, on the 9th of January, 1789, which was read, and ordered to lie on the table.
THURSDAY, May 28.
The Senate proceeded in the consideration of the bill for laying a duty on goods, wares and merchandises imported into the United States; and, after debate, adjourned.
WEDNESDAY, June 3.
_Ordered_, That Mr. LANGDON administer the oath to the Vice President; which was done accordingly.
And the Vice President administered the oath according to law, to the following members: to Messrs. LANGDON, WINGATE, STRONG, DALTON, JOHNSON, ELLSWORTH, PATERSON, MACLAY, MORRIS, READ, BASSETT, CARROLL, HENRY, LEE, GRAYSON, IZARD, FEW, GUNN.
The same oath was, by the Vice President, administered to the Secretary, together with the oath of office.
MONDAY, June 8.
PIERCE BUTLER, from South Carolina, appeared and took his seat.
The Vice President administered the oath to Mr. Butler.
TUESDAY, June 16.
The Senate entered on executive business. A communication from the President informed them that Mr. JEFFERSON wished to return home, and he proposed WILLIAM SHORT, Esq. to take his place as minister to France. Laid on the table.
WEDNESDAY, June 17.
The Senate went into executive business. They examined into the fitness of Mr. SHORT to supply the place of Mr. JEFFERSON, but came to no conclusion.
THURSDAY, June 18.
The Senate went into executive business, and confirmed the appointment of Mr. SHORT to take charge of our affairs at the court of France, during the absence of the minister.
THURSDAY, June 25.
The Senate proceeded to the consideration of the bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs; which was read the first time, and ordered to lie for consideration.
FRIDAY, July 17.
On motion, that, on the final question upon a bill or resolve, any member shall have a right to enter his protest or dissent on the journal, with reasons in support of such dissent, provided the same be offered within two days after the determination on such final question:
Passed in the negative.
TUESDAY, July 21.
The Senate entered on executive business, and
_Ordered_, That the Secretary of Foreign Affairs attend the Senate to-morrow, and bring with him such papers as are requisite to give full information relative to the consular convention between France and the United States.
WEDNESDAY, July 22.
The Senate were to-day mostly engaged in executive business. The Secretary of Foreign Affairs attended, agreeably to order, and made the necessary explanations; and the following resolution was entered into.[5]
SATURDAY, July 25.
RUFUS KING, from New York, appeared, and took his seat.
MONDAY, July 27.
PHILIP SCHUYLER, from New York, appeared, and took his seat.
TUESDAY, July 28.
On motion, the Senators from the State of New York proceeded to draw lots for their classes, in conformity to the resolve of the 14th of May; and two lots, No. 3, and a blank, being, by the Secretary, rolled up and put into the box, Mr. SCHUYLER drew blank; and Mr. KING having drawn No. 3, his seat shall accordingly be vacated in the Senate at the expiration of the sixth year.
The Secretary proceeded to put two other lots into the box, marked Nos. 1 and 2; and Mr. SCHUYLER having drawn lot No. 1, his seat shall accordingly be vacated in the Senate at the expiration of the second year.
MONDAY, August 3.
The Senate entered on executive business. The President communicated to them a list of about one hundred appointments as collectors, naval officers, and surveyors. The Senate advised and consented to about one-half the list; the rest lay till to-morrow.
TUESDAY, August 4.
A message from the House of Representatives brought up a bill for making compensation to the President and Vice President of the United States, and desired the concurrence of the Senate therein;
Together with the appointment of Messrs. WADSWORTH, CARROLL, and HARTLEY, a committee, to join with a committee of the Senate to be appointed for the purpose, "to consider of and report when it will be convenient and proper that an adjournment of the present session of Congress should take place; and to consider and report such business, now before Congress, necessary to be finished before the adjournment, and such as may be conveniently postponed to the next session; and, also, to consider and report such matters, not now before Congress, but which it will be necessary should be considered and determined by Congress before an adjournment."
The Senate again entered on executive business, and advised and confirmed all the remainder of the list of appointments presented yesterday, one excepted.
FRIDAY, August 7.
The Senate, in the absence of the Vice President, proceeded to elect a President _pro tempore_; and the votes being collected and counted, the Honorable JOHN LANGDON was unanimously appointed.
A message from the President of the United States, by General Knox:
_Gentlemen of the Senate:_
The business which has hitherto been under the
consideration of Congress has been of so much importance,
that I was unwilling to draw their attention from it to any
other subject. But the disputes which exist between some of
the United States and several powerful tribes of Indians,
within the limits of the Union, and the hostilities which
have, in several instances, been committed on the
frontiers, seem to require the immediate interposition of
the General Government.
I have, therefore, directed the several statements and
papers which have been submitted to me on this subject, by
General Knox, to be laid before you for your information.
While the measures of Government ought to be calculated to
protect its citizens from all injury and violence, a due
regard should be extended to those Indian tribes whose
happiness, in the course of events, so materially depends
on the national justice and humanity of the United States.
If it should be the judgment of Congress that it would be
most expedient to terminate all differences in the southern
district, and to lay the foundation for future confidence,
by an amicable treaty with the Indian tribes in that
quarter, I think proper to suggest the consideration of the
expediency of instituting a temporary commission for that
purpose, to consist of three persons, whose authority
should expire with the occasion. How far such a measure,
unassisted by posts, would be competent to the
establishment and preservation of peace and tranquillity on
the frontiers, is also a matter which merits your serious
consideration.
GEO. WASHINGTON.
NEW YORK, _August 7, 1789_.
The above message was ordered to lie for consideration.[6]
Mr. MORRIS, in behalf of the committee on the bill for allowing a compensation to the President and Vice President of the United States, reported an amendment, to wit:
To expunge, in the provision for the Vice President, "five
thousand dollars," and insert "six thousand dollars."
On motion to reduce the provision for the President of the United States, from "twenty-five thousand" to "twenty thousand dollars:"
Passed in the negative.
On motion to make the provision for the Vice President eight thousand dollars, instead of five thousand dollars:
Passed in the negative.
The Senate entered on executive business.
The following message from the President was laid before them:
_Gentlemen of the Senate:_
My nomination of Benjamin Fishbourn for the place of naval
officer of the port of Savannah not having met with your
concurrence, I now nominate Lachlan McIntosh for that
office.[7]
Whatever may have been the reasons which induced your
dissent, I am persuaded they were such as you deemed
sufficient. Permit me to submit to your consideration
whether, on occasions where the propriety of nominations
appears questionable to you, it would not be expedient to
communicate that circumstance to me, and thereby avail
yourselves of the information which led me to make them,
and which I would with pleasure lay before you. Probably my
reasons for nominating Mr. Fishbourn may tend to show that
such a mode of proceeding, in such cases, might be useful.
I will, therefore, detail them.
First. While Colonel Fishbourn was an officer, in actual
service, and chiefly under my own eye, his conduct appeared
to me irreproachable; nor did I ever hear any thing
injurious to his reputation as an officer or a gentleman.
At the storming of Stony Point, his behavior was
represented to have been active and brave, and he was
charged by his General to bring the account of that
success to the head quarters of the army.
Secondly. Since his residence in Georgia, he has been
repeatedly elected to the Assembly as a representative of
the county of Chatham, in which the port of Savannah is
situated, and sometimes of the counties of Glynn and
Camden; he has been chosen a member of the executive
council of the State, and has lately been president of the
same; he has been elected by the officers of the militia,
in the county of Chatham, lieutenant-colonel of the militia
in that district; and, on a very recent occasion, to wit,
in the month of May last, he has been appointed by the
council (on the suspension of the late collector) to an
office in the port of Savannah, nearly similar to that for
which I nominated him; which office he actually holds at
this time. To these reasons for nominating Mr. Fishbourn, I
might add that I received private letters of
recommendation, and oral testimonials in his favor, from
some of the most respectable characters in that State; but
as they were secondary considerations with me, I do not
think it necessary to communicate them to you.
It appeared, therefore, to me, that Mr. Fishbourn must have
enjoyed the _confidence_ of the militia officers, in order
to have been elected to a military rank; the _confidence_
of the freemen, to have been elected to the Assembly; the
_confidence_ of the Assembly, to have been selected for the
council; and the _confidence_ of the council, to have been
appointed collector of the port of Savannah.
GEO. WASHINGTON.
NEW YORK, _August 6, 1789_.
FRIDAY, August 21.
The Senate entered on executive business. They proceeded to consider the report made by Mr. IZARD, yesterday, as follows:
The committee appointed to wait on the President of the United States, and confer with him on the mode of communication proper to be pursued between him and the Senate, in the formation of treaties, and making appointments to offices, reported:
Which report was agreed to. Whereupon,
_Resolved_, That when nominations shall be made in writing
by the President of the United States to the Senate, a
future day shall be assigned, unless the Senate unanimously
direct otherwise, for taking them into consideration; that
when the President of the United States shall meet the
Senate in the Senate Chamber, the President of the Senate
shall have a chair on the floor, be considered as at the
head of the Senate, and his chair shall be assigned to the
President of the United States; that when the Senate shall
be convened by the President of the United States to any
other place, the President of the Senate and Senators shall
attend at the place appointed. The Secretary of the Senate
shall also attend to take the minutes of the Senate.
That all questions shall be put by the President of the
Senate, either in the presence or absence of the President
of the United States; and the Senators shall signify their
assent or dissent by answering _viva voce_, aye or no.[8]
Another message was received from the President, viz:
_Gentlemen of the Senate:_
The President of the United States will meet the Senate, in
the Senate Chamber, at half-past eleven o'clock to-morrow,
to advise with them on the terms of the treaty to be
negotiated with the Southern Indians.
GEO. WASHINGTON.
NEW YORK, _August 21, 1789_.
SATURDAY, August 22.
The Senate again entered on executive business.
The President of the United States came into the Senate Chamber, attended by General Knox, and laid before the Senate the following statement of facts, with the questions thereto annexed, for their advice and consent:
[Here follows the statement of facts, and the questions
thereto annexed, and the answer of the Senate to each
question.]
MONDAY, August 24.
The Senate was to-day wholly engaged in executive business.
The President of the United States being present in the Senate Chamber, attended by General Knox,
The Senate resumed the consideration of the state of facts and questions thereto annexed, laid before them by the President of the United States, on Saturday last. And the first question, viz: "In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested?" being put, was answered in the negative.[9]
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)Chapter II: Introduction (1)
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